TERMS & CONDITIONS
Please read these conditions
1. Definitions
1.1. “Kyanite Design”, “kyanite design.com”, “ampmgraphicsprint.com”, “we”, “us” or “our” refers to kyanite digital design, 21 Winton Rd, Salford, Manchester, M6 7HR
1.2. “Customer”, “you”, or “your” refers to the person, business or company from whom orders for Work are received and with whom Kyanite Design enter into a lawfully binding contract.
1.3. “Products” and “Goods” means the Goods or Products specified in the order.
1.4. “Services” means the Services specified in the order
1.5. “Work” means all goods and services (by way of intermediate or finished product) supplied by Kyanite Design to the Customer.
1.6. “Preliminary work” means all work done in the concept and preparatory stages (including non-exhaustively design, artwork, proofs).
1.7. “Order” means the Order for sale and supply of the Goods and Services entered into between Kyanite Design and the Customer.
1.8. “Electronic File” means any text illustration or other matter supplied or produced by either Party in digitised form on disk, by e-mail, modem, internet, FTP, ISDN or any other communication link.
1.9. “Print Ready File” means artwork supplied by the Customer ready for production, without further keyboard intervention by Kyanite Design, in digitised form on disk, by e-mail, modem, internet, FTP, ISDN or any other communication link.
1.10. “Price” means the Price as specified in the order.
1.11. “Website” means the websites belonging to Kyanite Design, those being www.kyanitedesign.com
1.12. “Printed Advertising Material” means all printed materials produced and distributed by or on behalf of Kyanite Design advertising Work supplied by Kyanite Design (including non-exhaustively Yellow Pages adverts, flyers and marketing letters)
1.13. “In Writing” means a letter (posted or delivered) or email.
2. Price Variation
2.1. Kyanite Design is entitled to change the price of Work published on the Website or Printed Advertising Material at any time, but will honour the Website price published at the time of online order and payment.
2.2. Prices published on the Website are subject to the Customer using the Website to submit an order and pay for the Work. Other methods of submitting an order and payment for Work may incur additional charges to reflect the increased costs to Kyanite Design of processing such Work unless otherwise agreed In Writing.
3. Copy
3.1. Where any additional work of whatever nature is necessary as a result of copy supplied by a Customer being late, insufficient, or incomplete or not being clear and/or legible, Kyanite Design shall be entitled to make additional charges on a time and materials basis to cover such work.
4. Proofs and variations
4.1. Where a proof has been supplied to the Customer, Kyanite Design shall incur no liability for any errors not corrected by the Customer.
4.2. Where the Customer specifically waives any requirement to examine proofs (and Kyanite Design agrees to such a waiver), Kyanite Design is indemnified by the Customer against any and all errors in the finished Work.
4.3. Any proofs supplied by Kyanite Design shall be accurate for layout and content only and it is understood and accepted that proofs shall not be accurate for colour comparison to the finished Work.
4.4. Where the Customer has provided a Print Ready File, Kyanite Design shall not be obliged to provide a proof and Kyanite Design is indemnified by the Customer against any and all errors in the finished Work.
4.5. Whilst every endeavour will be made to deliver the quantity of printed Goods ordered, all orders for printed matter are subject to a 10% (approx) overrun/underrun.
5. Preliminary Work
5.1. All Preliminary Work carried out at the customer’s request, whether experimentally or otherwise, shall be charged.
6. Work and revisions
6.1 All work includes unlimited revisions within the brief unless otherwise stated.
6.2 Changes made to the brief once work has commenced may result in extra charges to the client. Where this is the case Kyanite Design will notify the client prior to continuing work.
7. Payment and Delivery
7.1. Payment shall become due and cleared , or authorised by the Bank in the case of Credit or Debit Card payment, on the date of invoice.
7.2. Overdue invoices will be subject to interest at the current Bank of England base rate, and debt recovery costs.
7.3. Completion and delivery times (measured in working days from receipt of cleared or authorised payment and any Proofs approved by the customer) are a guide only and, whilst Kyanite Design will make every effort to adhere to the proposed timescales, time is NOT of the essence in any contract with the Customer.
7.4. Delivery will be direct to the email address given by the Customer at the time of Order.
8. Materials supplied or specified by the Customer.
8.1. It is the Customer’s responsibility to maintain a copy of any original Electronic File or Print Ready File provided by the Customer.
8.2. Kyanite Design shall not be responsible for checking the accuracy of supplied Electronic Files or Print Ready Files
8.3. If an Electronic File or Print Ready File is not suitable for outputting on equipment normally adequate for such purposes without adjustment or corrective action Kyanite Design may make a charge for any additional cost incurred or may reject the file without prejudice to his rights to payment for Preliminary Work or Work done/Materials purchased.
8.4. Kyanite Design may reject any materials (including non-exhaustively photographs, printed images and Electronic Files containing images) which appear to be unsuitable for the purpose intended.
8.5. Where materials are so supplied and Kyanite Design so advises the Customer, and the Customer instructs Kyanite Design in writing to proceed anyway, Kyanite Design shall have no liability for the quality of the finished work.
9. Risk
9.1. Customer’s property and all property supplied to Kyanite Design by or on behalf of the customer shall while it is in transit to or from the Customer is deemed to be at the Customer’s risk and the Customer should insure accordingly.
9.2. The risk in the Work and all Goods delivered in connection with the Work shall pass on to the Customer at the time of despatch.
9.3. On completion of the Work, Kyanite Design shall not be obliged to keep Electronic Files created by Kyanite Design on behalf of the Customer, or Print ready files supplied by the Customer.
10. Copyright
10.1. The Customer shall be responsible for obtaining all necessary authorities and consents to reproduce (non-exhaustively) artwork, photographs, copyright texts and the like prior to instructing Kyanite Design to do the same. The Customer shall indemnify and hold blameless Kyanite Design against all demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from and suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the materials by am:pm graphics infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
10.2. All design work commissioned or ordered by the Customer and originated by Kyanite Design shall, until receipt of cleared or authorised payment, belong to Kyanite Design.
11. Illegal matter
11.1. aKyanite Design shall not be required to print any matter that we consider is or may be of an illegal, offensive, extreme or libellous nature or an infringement of the proprietary or other rights of any third party.
11.2. Kyanite Design shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of the printing by aKyanite Design for the Customer of any illegal or unlawful mater including matter which is libellous or infringes copyright, patent, design or any other proprietary or personal rights. The indemnity shall include (without limitation) any amounts paid on a lawyer’s advice in settlement of any claim that any matter is libellous or such an infringement.
12. Liability
12.1. Subject to the conditions set out below Kyanite Design warrants that the Goods will correspond with their specification at the time of delivery.
12.2. Kyanite Design shall be under no liability in respect of any minor defect or blemish or imperfection which occurs as a result of the inherent nature of the printing process.
12.3. Kyanite Design shall be under no liability of any typographical or design errors on completed Work.
12.4. Any claim by the Customer which is based on any defect in the quality or condition of the Work shall (whether or not the delivery is refused by the Customer) be notified to Kyanite Design within 2 days from the date of delivery.
12.5. Defective Work must be returned to Kyanite Design before replacement can be issued. If the subject Work is not available to Kyanite Design. Kyanite Design shall hold that the Customer has accepted the Work and no replacement Work shall be provided.
12.6. Where Kyanite Design offers to replace defective Work the Customer must accept such an offer unless he can show clear cause for refusing to do so. If the Customer refuses Kyanite Design’s offer to replace defective Work, the Customer automatically revokes his right to any remedy from Kyanite Design, including but not exhaustively the right to a credit in respect to the Work done by Kyanite Design.
12.7. Where the Work will be forwarded by or on behalf of the Customer to a third party for further processing the Customer will be deemed to have inspected the Work prior to forwarding and Kyanite Design shall not accept liability for claims arising subsequent to the third party’s processing.
12.8. Kyanite Design shall not be liable for costs, expenses, direct loss, indirect loss, consequential loss or third party claims including (non-exhaustively and without limitation) loss of profit, loss of anticipated profit or anticipated contract, loss of business opportunity, economic loss or other occasioned by delay in completing the Work or arising from delay in transit, whether as a result of am:pm graphic’s negligence or otherwise.
13. Suitability of Work supplied
13.1. It is the Customer’s responsibility to ensure the suitability of the Work ordered from Kyanite Design and Kyanite Design shall not be held liable if the Customer orders Work which is unsuitable for its intended use, including (non-exhaustively) incorrect type of paper or printing for Work to be post-processed or overprinted using a laser or inkjet printer or other printing device, self adhesive labels or label products which have special requirements such as to be removable, and products that will be used in connection with food or food packaging.
14. Force Majeure
14.1. Kyanite Design shall be under no liability if unable to carry out any provision of the contract for any reason beyond our reasonable control including (non-exhaustively): Act of God; legislation; war; riot; civil commotion; malicious damage; fire; flood; drought; inadequacy or unsuitability of instructions, Electronic File, Print Ready File or other data or materials supplied by the Customer; failure of power or heating supply; accident; breakdown of plant or machinery; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute. In the case of Force Majeure Kyanite Design shall serve notice in Writing to the Customer specifying the nature and the extent of the circumstances giving rise to Force Majeure, and shall, subject to the service of such notice, have no liability in respect of the performance of its obligations as are prevented by the Force Majeure events during the continuation of such events and for such time after they cease as is necessary for that party, using all reasonable endeavours, to recommence its affected operations in order to perform its obligations.
14.2. If Kyanite Design is prevented from performance of its obligations for a continuous period in excess of three months, the Customer may elect to serve notice in Writing to Kyanite Design terminating the contract and pay for Work done and materials used or purchased in connection with the Work.
15. General
15.1. These Terms and Conditions may be amended from time to time. The latest version of these Terms and Conditions may be accessed via the internet or requested in Writing.
15.2. These Terms and Conditions shall be governed by the Law of England.
15.3. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these Terms and Conditions and the remainder of the provision in question shall not be affected.
15.4. The Customer gives permission for completed Work or Preliminary Work to be included in the portfolio section of www.kyanitedesign.com and for the Work to be used in any advertising of Work by Kyanite Design.
15.5. Nothing in these Terms and Conditions shall affect the rights of consumers.
15.6. Due to the bespoke nature of design and printing the customer shall not be entitled to a “cooling off” period to cancel Work ordered. However, if the Customer cancels any order before Work has been sent to print, Kyanite Design shall only charge the Customer for any materials purchased for the order and Preliminary Work or Work already undertaken up to the time of cancellation. Where Work has been sent to print, whether the printing process is complete or not, the Customer shall not be entitled to cancel an order, nor to any refund or part refund.
15.7. The Customer shall be responsible to Kyanite Design for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Customer, and for giving Kyanite Design any necessary information relating to the Work within a sufficient time to enable am:pm graphics to perform the agreement in accordance with its terms.
15.8. The quantity, description and any specification for the Work shall be those set out in the Order.
15.9. Any Typographical, clerical or other error or omission in any literature, quotation, price list, acceptance offer, invoice or other document or information issued by Kyanite Design shall be subject to correction without any liability on the part of Kyanite Design.
16. Data Protection
16.1. By placing an order with Kyanite Design the Customer consents to its details being held by Kyanite Design for accounting purposes and passed to third party contractors where necessary to complete the Work (such as carriers for the purpose of delivering the Work to the Customer) and this information will be retained by Kyanite Design even after the trading relationship has ceased.
16.2. By placing an order or registering on the Website the Customer consents to Kyanite Design using its information for marketing purposes whereby Kyanite Design may notify the Customer about its products, services or special offers which may be of interest, unless otherwise agreed.