These Terms and Conditions apply to all orders, products and services provided by Six Sides Packaging (hereby referred to as the Company) for the Client and shall prevail over any terms and conditions put forward by the Client.
Except in the case of a Client who is not contracting in the course of a business nor holding himself out as doing so, the Company reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
3. Preliminary work
All work carried out, whether experimentally or otherwise, at the Client’s request shall be charged as advised by the Company.
The Client bears complete responsibility to ensure artwork is correct. By placing an order, the Client waives the right to any additional proofing process, and agrees to the Company’s use of the artwork for production of the order. Artwork supplied by the Client remains the property of the Client, but may be used for promotional purposes only by the Company without additional agreement from the Client. Client’s property shall not be used to provide goods or services to any party other than the Client.
5. Copyright and illegal matter
The Company shall not be required to print any matter which in his opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party. The Company shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
6. Delivery and payment
Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved.
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the Company and the carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to the Company and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other claims must be made in writing to the Company within 28 days of delivery. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Client proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
The Company shall not be liable for any loss to the customer arising from delay in transit not caused by the Company. In the event that the Client shall actually suffer any loss or damage arising directly from the negligence or breach of contract or of statutory duty of the Company then other than in cases of death or personal injury the Company’s liability therefor shall be limited in any event to the Maximum Liability in respect of the aggregate of all instances of such negligence and/or breach arising out of the Company’s performance of its obligations under this Agreement.
Notwithstanding any other provision contained within this Agreement the Company shall not be liable to the Client or the Client’s Personnel for any indirect or consequential loss or damage, economic loss including without limitation any loss of profits or goodwill or anticipated savings arising from any fault in the Studio or any act or omission of the Company its servants or agents in respect of this Agreement.
The Company’s liability under this Agreement shall be to the exclusion of all other liability to the Client whether contractual, tortuous or otherwise. All other conditions, warranties, stipulations or other statements whatsoever concerning the Agreement, whether express or implied, by statute, at common law or otherwise howsoever, are hereby excluded.
9. Force Majeure
The Company shall be under no liability if they shall be unable to carry out any provision of the contract for any reason beyond their control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the order. During the continuance of such a contingency the Client may by written notice to the Company elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts.
The Client shall procure that neither the Client nor any of the Client’s Personnel shall be held out as an agent of or pledge the credit of the Company. This Agreement constitutes the entire agreement between the parties and neither party shall be bound by any other statement or representation made to the other. No variation or amendment to this Agreement shall be effective unless made in writing and signed by the parties hereto. In the event that any part of this Agreement shall be held to be void, voidable or otherwise unenforceable by a court of competent jurisdiction then the balance thereof shall remain in full force and effect.