Sentio Marketing Ltd – Terms and Conditions
Limited company number: 8875463
VAT Number: 179 3175 75
Sentio Marketing Ltd – Terms and Conditions
1 Basis of sale
1.1 Sentio Marketing Ltd – Terms and Conditions. these conditions ‘Sentio Marketing’ shall mean Sentio Marketing Limited and any employees, or associates, freelancers, associated or subsidiary companies and ‘client’ means the person or body who accepts Sentio Marketing quotation for print work whose order is accepted by Sentio Marketing
1.2 ‘Print work’ shall mean any work to be executed by Sentio Marketing for the client.
1.3 Sentio Marketing shall execute print work for the client in accordance with Sentio Marketing’s written quotation (by email, fax or letter) or the client’s written order subject in either case to these conditions.
1.4 No variation to these conditions shall bind the parties unless they agree in writing.
1.5 Sentio Marketing shall not be liable for any oral advice or recommendation given by Sentio Marketing to the client concerning the print work.
2 Orders and specifications
2.1 Sentio Marketing shall not be deemed to have accepted the client’s order unless Sentio Marketing has accepted it in writing (by email, fax or letter).
2.2 The client is responsible for ensuring accuracy of the client’s order.
2.3 The client shall indemnify Sentio Marketing against any liability for infringement of the intellectual property rights or other legal rights of any third party which may result from Joanna Harwood’s use of the client’s specifications.
2.4 Sentio Marketing may alter the client’s specifications to conform to any statutory requirements provided this does not materially affect the quality or performance of the design work.
2.5 Cancellation by the client will only be accepted on terms that the client will indemnify Sentio Marketing against all losses and costs thus incurred by Sentio Marketing.
2.6 Sentio Marketing reserves the right to submit proofs for client approval. Once approved, any alterations will be at the client’s cost. These proofs may include hard copy printers’ proofs or digital proofs in PDF format.
2.7 Any origination, films, digital artwork files, screens or positives (‘originals’) produced by Sentio Marketing or representatives will remain Sentio Marketing property. Should the client require copies of originals, the costs of such originals will be charged extra. Sentio Marketing reserves the right to retain copies of design work in digital form.
2.8 Where the client is to supply materials or equipment (‘client’s property’) to Sentio Marketing, such client’s property will be held by Sentio Marketing at the client’s sole risk.
3 Price of the print work
3.1 The price will be Sentio Marketing quoted price. All quoted prices are valid for thirty days only.
3.2 If the cost to Sentio Marketing of delivering the print work increases before delivery factors beyond Sentio Marketing control, Sentio Marketing may increase the price accordingly.
3.3 Unless otherwise agreed all prices quoted by Sentio Marketing are inclusive of delivery.
3.4 Alterations at the client’s request made after initial acceptance by the client will be charged for.
3.5 If Sentio Marketing is required to produces samples, mock ups or proofs for the client, the client may be required to pay extra for them.
4 Terms of payment
4.1 Unless Sentio Marketing has agreed otherwise in writing, the client will pay for the print work within 30 days after the date of Sentio Marketing invoice for the work. The time for payment shall be of the essence of the contract.
4.2 If the client fails to pay for the design work within the time limit in 4.1 above then in addition to its other rights Sentio Marketing may cancel the contract and suspend any further delivery and charge the client interest on the outstanding amount at the rate of 5% per annum above the Bank of England base rate from time to time.
5.1 Whilst Sentio Marketing will use reasonable endeavours to complete the print work by any delivery date agreed in writing between Sentio Marketing and the client, time for delivery shall not be the essence of the contract unless so agreed in writing and in particular, but without general prejudice to, the generality of the foregoing, Sentio Marketing shall not be liable for any delay in delivery caused by any default of the client or any third party.
5.2 If the print work is to be delivered by instalments, each delivery will constitute a separate contract. If Sentio Marketing fails to deliver one or more of the instalments the client shall not be entitled to repudiate the whole contract.
5.3 Sentio Marketing liability for damages for non-delivery shall be limited to the price of the print work.
6 Risk and Property
6.1 Risk of damage to or loss of the print work will pass to the client at the time when Sentio Marketing tenders delivery.
6.2 The print work shall not belong to the client until the client has paid for it in full.
6.3 Speculative design and print ‘concepts’ or design and print work submitted as a ‘pitch’ at no cost to the client remain the intellectual property of Sentio Marketing.
6.4 Without prejudice to the generality of Condition 2.7 above where any part of the design work includes original artwork prepared by or belonging to illustrators, photographers or agencies who are not employers of Sentio Marketing (‘external image suppliers’) title to and property in such artwork shall remain vested in external image suppliers and shall not pass to the client. The client shall return such original artwork to Sentio Print and Multimedia on demand.
7.1 Sentio Marketing shall not be liable for any defect in the print work arising from any drawing or specification supplied by the client.
7.2 Sentio Marketing shall not be liable for any defect or damage caused by the client.
7.3 Save as provided in these conditions and except where the print work includes a consumer sale (as defined by the Sale of Goods Act, 1979) all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7.4 Where the print work includes consumer sale the client’s statutory rights are not affected by these conditions.
7.5 The client must notify Sentio Marketing of any defects in the work within 48 hours of delivery.
7.6 If the client notifies Sentio Marketing of a valid defect Sentio Marketing’s liability shall be limited (at Sentio Marketing’s sole discretion) to the rectification of the defects or the refund of the price.
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