Terms and Conditions
1.1 Subject to paragraphs 1.2, 2, 3 and 4, all prices quoted are based on work specified in the quote (or verbal instructions given at the time of order). Quotes are valid for a period of 7 days from the date of the quote. Quotes will be deemed accepted upon the Customer making an Order.
1.2 Prices quoted are based on the current cost of production, (materials, labor, machine time, etc.) and they are subject to amendment by PlexKey Promotional Marketing Group before or after acceptance of the quotation to meet a variation in the cost of production between the date of quotation and the date of execution of the order provided there is no unreasonable delay on the part of PlexKey Promotional Marketing Group.
1.3 PlexKey Promotional Marketing Group warrants that all work will be performed in compliance with applicable laws, regulations, and industry standards.
2. Customer Instructions
2.1 Once the customer accepts the written quotation from PlexKey Promotional Marketing Group, whether verbal or written, it is understood that the quotation accurately reflects the customer's instructions. In the event of verbal instructions, PlexKey Promotional Marketing Group will not be held responsible for errors or omissions resulting from misinterpretation of those instructions.
2.2 The cost of any additions or changes to the proof submitted to the customer will be added to the price, unless they are typographical corrections.
3. Expedited Order Completion
3.1 The customer acknowledges that requesting an urgent completion of an order increases the risk of defects. PlexKey Promotional Marketing Group will make reasonable efforts to avoid defects, but will not be liable for defects arising from the urgent completion of an order.
3.2 The price will be increased to cover overtime work or additional costs incurred as a result of an urgent completion request.
4.1 If PlexKey Promotional Marketing Group needs to acquire goods or services not typically stocked or provided by PlexKey Promotional Marketing Group from a third party to carry out the customer's instructions:
a) PlexKey Promotional Marketing Group will not be held responsible for any breach of these terms and conditions resulting from or related to the third party's supply of such goods or services.
b) PlexKey Promotional Marketing Group acquires such goods and services as an agent for the customer, not as a principal, and will have no liability to the customer regarding the supply of those goods or services. Any claims the customer may have concerning the supply of such goods or services must be made directly against the third party.
c) The customer is responsible for paying for such goods or services.
d) Any goods obtained from a third party must be obtained on the basis that the property or title of those goods is transferred from the third party to PlexKey Promotional Marketing Group at the time the goods are incorporated into the work done by PlexKey Promotional Marketing Group for the customer.
5.1 If the customer suspends work for any reason for a period of thirty (30) days or more, PlexKey Promotional Marketing Group will be entitled to payment in full for work completed up to the date of suspension.
6.1 Orders cannot be cancelled once an order confirmation has been signed, except upon terms that compensate PlexKey Promotional Marketing Group for all work done and materials used or specially acquired for the order up to the cancellation date.
7.1 PlexKey Promotional Marketing Group will inform the customer when the goods are ready for delivery.
7.2 If PlexKey Promotional Marketing Group agrees to deliver the goods, the customer is responsible for bearing all freight and delivery charges, as detailed in the initial quotation.
7.3 To facilitate delivery, the customer must provide at least one of the following:
Full payment of all shipping charges on the invoice prior to beginning the order if shipping can be calculated in advance
A verified payment method or a shipping carrier account number such as FedEx or UPS must be kept on file if shipping cannot be calculated in advance.
8.1 Once an order is confirmed, by signing & returning an Order Confirmation, PlexKey Promotional Marketing Group shall issue a pro-forma invoice to the customer for the quoted value of the work. No order will progress until full payment has been made to PlexKey Promotional Marketing Group.
8.2 VAT (Value Added Tax) shall be charged on the total invoice amount in line with current VAT legislation.
8.3 All Invoices shall be paid in advance.
8.4 PlexKey Promotional Marketing Group will use its best endeavors to deliver the correct quantity ordered but owing to the difficulty of producing exact quantities, estimates and/or orders are conditional upon a margin of five percent (5%) being allowed for overs or shortages, which shall be charged for or deducted as appropriate.
8.5 The customer must pay to PlexKey Promotional Marketing Group any costs, expenses or losses incurred by PlexKey Promotional Marketing Group as a result of the customer’s failure to pay PlexKey Promotional Marketing Group all sums outstanding from the customer to PlexKey Promotional Marketing Group (including without limitation the generality of the obligations set out in this clause, any debt collection and legal costs).
9.1 Unless expressly set out herein, all implied warranties and conditions in relation to any supply by PlexKey Promotional Marketing Group are expressly excluded (unless such warranties cannot at law be excluded).
10.1 The risk in the goods passes to the customer at time of delivery if PlexKey Promotional Marketing Group delivers the goods to the customer’s premises.
10.2 PlexKey Promotional Marketing Group shall not be liable for insurance, freight or loss or damage to goods in transit incurred in delivery.
10.3 PlexKey Promotional Marketing Group has no obligation to insure any property of the customer in PlexKey Promotional Marketing Group’s possession. The customer must pay the cost of any insurance arranged by PlexKey Promotional Marketing Group at the request of the customer.
10.4 If a customer leaves property in PlexKey Promotional Marketing Group’s possession without specific instructions as to what is to be done with it, PlexKey Promotional Marketing Group may, 12 months after gaining possession of the property, agree the sale of the said property as compensation for holding and handling the property.
11.1 To the fullest extent permitted by law, except as provided herein, PlexKey Promotional Marketing Group shall not be liable to the customer in contract or tort for any loss or damage or for consequential loss or damage of any kind arising out of the supply of the goods and/or services, or rising out of PlexKey Promotional Marketing Group’s negligence, or in any way whatsoever.
11.2 PlexKey Promotional Marketing Group’s liability for a breach of a condition or warranty is hereby limited to:
11.3 PlexKey Promotional Marketing Group will not be liable to the customer for loss, howsoever caused, of any data stored on disks, tapes, compact disks or other media supplied by the customer to PlexKey Promotional Marketing Group or for any damage, loss or destruction of any property of the customer unless the loss or damage has been caused by the failure of PlexKey Promotional Marketing Group to exercise due care and skill in handling or storing such property.
11.4 Subject to paragraph 10.3 hereof, PlexKey Promotional Marketing Group will not be liable to the customer for the damage, loss or destruction of any property of the customer unless the loss or damage has been caused by the failure of PlexKey Promotional Marketing Group to exercise due care and skill in handling or storing such property of the customer.
11.5 Force Majeure. PlexKey Promotional Marketing Group will have no liability to the customer for any loss, damage or expense suffered or incurred by the customer where such loss is occasioned by any cause beyond PlexKey Promotional Marketing Group’s reasonable control, including and without limiting the generality to the foregoing by war, insurrection, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.
11.6 Completion and or Delivery. The delivery terms made known to the customer are estimates only, and PlexKey Promotional Marketing Group shall not be liable for any late delivery or non-delivery, and under no circumstances shall PlexKey Promotional Marketing Group be liable for any loss, damage or delay occasioned to the customer because of late or non-delivery of the goods.
12.1 The customer must inspect goods or services supplied by PlexKey Promotional Marketing Group within 14 days from delivery. Any claims against PlexKey Promotional Marketing Group must be in writing within such fourteen (14) days. No claims shall be made by the customer beyond this period.
13.1 Until the customer has paid all sums outstanding in relation to the goods, title of the goods shall not pass from PlexKey Promotional Marketing Group to the customer.
13.2 If the customer has not paid all sums outstanding in relation to the goods, if directed by PlexKey Promotional Marketing Group to do so, the customer must forthwith return the goods to PlexKey Promotional Marketing Group if so directed by PlexKey Promotional Marketing Group.
14.1 Copyright in all artistic and literary works authored by PlexKey Promotional Marketing Group shall remain the property of PlexKey Promotional Marketing Group unless there is specific agreement to the contrary at the time of PlexKey Promotional Marketing Group’s acceptance of your order.
14.2 The customer has warranted to PlexKey Promotional Marketing Group, and PlexKey Promotional Marketing Group has accepted the customer’s warranty that the customer has copyright in or a license to authorize PlexKey Promotional Marketing Group to reproduce all artistic and literary works supplied by the customer to PlexKey Promotional Marketing Group for the purpose of the Order and the Customer hereby expressly authorized PlexKey Promotional Marketing Group to reproduce all and any of such works for the purposes aforesaid.
14.3 The Customer indemnifies and agrees to keep indemnified PlexKey Promotional Marketing Group against all liability, losses or expenses incurred by PlexKey Promotional Marketing Group in any way directly or indirectly connected with any breach of copyright on materials supplied by the customer.
14.4 The customer is hereby granted a non-exclusive license to use the copyright works created by PlexKey Promotional Marketing Group for the purposes of the Order, however such license is conditional upon PlexKey Promotional Marketing Group having received all monies due to PlexKey Promotional Marketing Group under these Terms and Conditions.
15.1 In the event of a dispute arising from or related to these terms and conditions or the work performed by PlexKey Promotional Marketing Group, the parties agree to first attempt to resolve the dispute through mediation.
15.2 If mediation is unsuccessful, any remaining dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
16.1 The customer must keep confidential and may not use any ideas, systems, or processes communicated or made available by PlexKey Promotional Marketing Group without written permission from PlexKey Promotional Marketing Group.
17.1 All disks, tapes, compact disks, or other media (excluding media supplied by the customer) used by PlexKey Promotional Marketing Group to store data for the completion of the order are the property of PlexKey Promotional Marketing Group. The customer may not request PlexKey Promotional Marketing Group to supply any data stored in such media without permission. If PlexKey Promotional Marketing Group agrees to supply such data, it may charge the customer for it.
17.2 PlexKey Promotional Marketing Group is not liable for storing any data on disks, tapes, compact disks, or other media after the order has been completed. If PlexKey Promotional Marketing Group agrees to store such data, it may charge for it.
18. The customer is responsible for any Goods and Services Tax (VAT) payable on the supply of goods and/or services by PlexKey Promotional Marketing Group to the customer.