AndreoniCards.com - Terms and Conditions Card design and printing       
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 Terms and Conditions

 

 
Terms Governing The Use Of Our Services
 
1. Preliminary Work
All work carried out, whether experimentally or otherwise, at customer’s request shall be chargeable.
  
2. Copy
Where any additional work of whatever nature is necessary as a result of copy supplied by a customer not being clear and/or legible, AndreoniCards.com shall be entitled to make additional charges on a time and materials basis to cover such additional work.
 
3. Proofs
Proofs of all work may be submitted for customer’s approval and AndreoniCards.com shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to AndreoniCards.com discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis.
 
4. Copyright
a.Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by AndreoniCards.com shall vest in and belong to AndreoniCards.com. AndreoniCards.com may use any artwork or printing produced by itself for the purposes of promoting itself and/or Andreoni. The customer shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible materials (“Materials”) prior to instructing AndreoniCards.com to reproduce the same. The customer shall indemnify and hold AndreoniCards.com and its agents and representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or 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 AndreoniCards.com infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
b.All design, text, illustrations, graphics, photographs, diagrams, drawings, logos and the selection and arrangement thereof, and all source code and all other material content of any Website owned, controlled or operated by Andreoni and Andreoni’s Buying Guide and Andreoni’s Marketing Collateral are the intellectual property of AndreoniCards.com plc or its content providers and as between Andreoni and the customer all intellectual property rights (including all copyright) arising out of or connected with such content shall belong to Andreoni. No reproduction of any part is allowed without written permission.
 
5. Company Imprint
Unless otherwise specifically requested in writing any work may carry the Andreoni imprint which will be positioned at AndreoniCards.com’s discretion.

  
9. Delivery & Payment

AndreoniCards.com shall not be liable for any loss arising from delay in transit not caused by AndreoniCards.com.
Turnaround is measured in Working Days (Monday through Friday less Holidays).
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to AndreoniCards.com and the carrier within three clear days of delivery (or, in the case of non-delivery within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to AndreoniCards.com and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of dispatch). All other claims must be made in writing to AndreoniCards.com within 28 days of delivery. AndreoniCards.com shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer 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.

 
10. Liability
AndreoniCards.com gives no warranties or guarantees or makes any representations as to the merchantability or fitness for a particular purpose of any completed work the subject of a customer’s order and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded. AndreoniCards.com shall not be liable for any loss arising from delay in transit not caused by AndreoniCards.com. Further, AndreoniCards.com shall not be liable for any indirect, special or consequential damages, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data. The total aggregate liability of AndreoniCards.com in respect of any and all causes of action arising out of or in connection with the customer’s order and AndreoniCards.com’s performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall (subject to the provisions of paragraph 10) be limited to the sums paid to AndreoniCards.com by the customer in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to English Law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.

 
11. Standing Material
a.Metal and other materials owned by and used by it in the production of plates, film-setting, negatives, positives and the like shall remain the exclusive property of Andreoni. Such items when supplied by the customer shall remain the customer’s property.
b.Lithographic, together work or other materials supplied by the customer may be effaced or destroyed immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, AndreoniCards.com shall be entitled to make additional charges.

 
12. Customer’s Property
a.The customer’s property and all property supplied to AndreoniCards.com by or on behalf of the customer shall while it is in the possession of AndreoniCards.com or in transit to or from the customer be deemed to be at customer’s risk unless otherwise agreed and the customer should insure such property accordingly.
b.Where a customer fails to collect work within 20 working days from notification to the customer of completion of the work, AndreoniCards.com shall be entitled, at its discretion, to either store the work until actual delivery or collection is made and charge the customer for the costs (including insurance) of storage or to destroy such work (provided that the customer shall nevertheless remain liable for payment in respect of the relevant order).

  
13. Materials Supplied by the Customer
a.AndreoniCards.com may reject any paper, plates or other materials supplied or specified by the customer which it considers to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by AndreoniCards.com in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
b.AndreoniCards.com shall have no liability in respect of any work being of less than reasonably satisfactory quality as a result of defects in or the unsuitability of materials supplied or specified by the customer.
c.AndreoniCards.com shall assume that quantities of materials supplied shall be adequate to cover normal spoilage accordingly if the quantities of materials supplied are not sufficient to cover normal spoilage (“an Insufficient Supply”) then AndreoniCards.com shall have no liability for any shortfall in quantity to the extent that such shortfall arises as a result of such Insufficient Supply.

 
14. Credit Terms and Payment
For invoices not settled within the agreed credit terms or for payments returned unpaid (such as cheques, credit cards or similar), AndreoniCards.com reserves the right to charge interest on the overdue debt at 2% above the TD bank base rate at the time and an administration fee to cover its debt recovery costs and any other costs relating to the collection of payment.

 
15. Insolvency
If the customer ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against it, AndreoniCards.com without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to AndreoniCards.com, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in AndreoniCards.com’s ’s possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as AndreoniCards.com thinks fit and to apply the proceeds towards such debts.

 
16. Illegal Matter
a.AndreoniCards.com shall not be required to print any matter which in its opinion is or may be of an illegal or libelous nature or an infringement of the proprietary or other rights or any third party.
b.Without prejudice to paragraph 7 above, the customer shall indemnify and hold AndreoniCards.com harmless against all claims, demands, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of the work it is required to produce pursuant to a customer order being or alleged to be defamatory.

 
17. Full Color Printing
All reasonable efforts shall be made to obtain the best possible color reproduction on customer’s work but variation is inherent in the print process and it is understood and accepted as reasonable that, AndreoniCards.com shall not be required to guarantee an exact match in color or texture between the customer’s photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by AndreoniCards.com reseller or other party) or any other materials supplied by the customer and the printed article the subject of the customer’s order.

 
18. Data Protection
By placing an order with AndreoniCards.com, the customer consents to its details being passed on to Andreoni.com for accounting and marketing purposes. The details will be kept by Andreoni.com even after the customer’s trading relationship with AndreoniCards.com has terminated. Andreoni and AndreoniCards.com may use the customer’s personal data to let customers know about goods and services similar to the goods or services provided to the customer previously and any others matters that Andreoni.com or AndreoniCards.com consider may be of interest to customers.

 
19. Force Majeure
AndreoniCards.com shall be under no liability if it shall be unable to perform any obligation which is owed by it to the customer for any reason beyond his 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 performance of the contract. During the continuance of such a contingency the customer may by written notice to AndreoniCards.com elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

 
20. Variation to Terms and Conditions
These terms and conditions may be amended from time to time. The latest version of these terms and conditions may be accessed via the Website.

 
21. Law
These terms and conditions and all other express terms of the contract with customers shall be governed and construed in accordance with Canadian law. Canadian Courts shall have jurisdiction in relation to any matters arising in connection with any contract between AndreoniCards.com and the customer into which these terms are incorporated.

 

 
   
 
 
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