PlexKey | Terms & Conditions

Terms & Conditions

 

 


 

 1. Quotations

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

 

2. Customers Instructions

2.1
 Once accepted by the customer (either verbal or written), PlexKey Promotional Marketing Group’s written quotation shall be deemed to interpret correctly the customer’s instructions. Where verbal instructions only are received, PlexKey Promotional Marketing Group shall not be responsible for errors or omissions due to misinterpretation of those instructions.

 

2.2 The cost of additions or alterations to any proof submitted to a customer will be added to the price (unless changes to the proof are merely typographical corrections).

 

3. Expedited Completion Of Order

3.1 Customer acknowledges that a requirement for urgent completion of an Order increases the likelihood of defects. PlexKey Promotional Marketing Group will use reasonable efforts to avoid defects but will not be liable for defects arising because of urgent completion of Order.

 

3.2 The price will be increased to cover overtime work or other additional costs incurred as a result of any requirement for urgent completion.

 

4. Outside Work

4.1 If PlexKey Promotional Marketing Group has to obtain goods (including typefaces, film, plates etc) and/or services not normally stocked or supplied by PlexKey Promotional Marketing Group from a third party in order to carry out the customer’s instructions:

 

a) PlexKey Promotional Marketing Group will not be liable for any breach of these Terms and Conditions if that breach is a result of or is connected with the supply by the third party of such goods and/or service.

 

b) PlexKey Promotional Marketing Group acquires these goods and/or services as agents for the customer and not as principal and will have no liability to the customer in relation to the supply of those goods and/or services. Any claim by the customer in relation to the supply of those goods and/or services must be made directly against the third party.

 

c) The customer must pay for such goods and/or services.

 

d) Any such goods obtained from a third party, must be obtained on the basis that property/title in those goods is passed by 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. Suspension Of Work

5.1
 The suspension by the customer of any work, for any reason whatsoever, for a period of thirty (30) days, shall entitle PlexKey Promotional Marketing Group to payment in full for the work completed up to the suspension date.

 

6. Cancelled Orders

6.1
 Once an order confirmation has been signed, an order cannot be cancelled except upon terms, which compensate PlexKey Promotional Marketing Group for all work done, materials used or specially acquired to complete the order, to the date of the cancellation

.

7. Delivery

7.1
 PlexKey Promotional Marketing Group shall notify the customer when the goods are ready for delivery.

 

7.2
 If PlexKey Promotional Marketing Group agrees to deliver the goods, the customer shall bear all freight and charges of such delivery as detailed on the initial quotation.

 

7.3 Customer is required to provide at least one (1) of the following: 

 

  1. In some instances we may be able to calculate your freight prior to your order shipping, in this example, Full payment of all shipping charges on invoice prior to beginning the order will be required.

 

  1. If shipping is not able to be calculated prior to your order shipping, a shipping carrier account number such as FedEx or UPS or a verified payment method must be kept on file.

 

8. Payment

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. Warranties And Undertakings

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. Risk

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. Liability

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:

 

1. In the case of goods, any one or more of the following:

a) The replacement of the goods or the supply of equivalent goods;

b) The repair of the goods;

c) The payment of the cost of replacing the goods or of acquiring equivalent goods;

d) The payment of the cost of having the goods repaired; or

2. In the case of services:

a) The supplying of the services again; or

b) The payment of the cost of having the services supplied again.

 

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. Claims

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. Non Payment

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. Copyright

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. Confidentiality

15.1
 The customer must keep confidential and not use any ideas, systems or processes communicated or made available by PlexKey Promotional Marketing Group to the customer without PlexKey Promotional Marketing Group’s written permission.

 

16. Electronic Media

16.1
 All Disks, tapes, compact disks or other media (other than the media supplied by the customer) used by PlexKey Promotional Marketing Group to store data for the purposes of completing the Order are the property of PlexKey Promotional Marketing Group The customer cannot require PlexKey Promotional Marketing Group to supply to the customer any data so stored. In the event that PlexKey Promotional Marketing Group does supply data so stored or created, PlexKey Promotional Marketing Group may charge the customer for supplying such data.

 

16.2
 PlexKey Promotional Marketing Group will not be liable for storing any data on disks, tapes, compact disks or other media when the Order has been completed. If PlexKey Promotional Marketing Group agrees to store such data PlexKey Promotional Marketing Group may charge to do so.

 

17. Goods And Services Tax (Value Added Tax)

17.1
 The customer will be liable for any goods and services tax (VAT) payable because of the supply of goods and/or services by PlexKey Promotional Marketing Group to the customer.

 

Close Search