Vale Labels

Full Colour Labeling Solutions







Terms and Conditions

IMPORTANT NOTICE

While we at Vale Labels believe we enjoy a reputation for quality, good service and competitive pricing, even the best organisations must take into account the possibility of error or omission. We therefore draw your attention to the following standard conditions, which contain provisions defining and limiting our liability in respect of any potential default.

GENERAL

(a) In these conditions ‘Vale Labels’ means Vale Labels Limited.
(b) No contract is made until and unless Vale Labels have accepted the order. All orders are accepted and goods supplied subject to these conditions. No additions or variations shall be binding onVale Labels unless writing and signed by a director of Vale Labels.
(c) These conditions shall apply to all contracts between Vale Labels and the customer for the supply of all goods and services. No conditions stipulated in any other document or communication should vary or annul these conditions unless confirmed in writing by a director of Vale Labels.
(d) The rights and remedies of Vale Labels shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time, nor by any delay by Vale Labels in asserting or exercising any of its rights and remedies.
(e) After acceptance of the Customer’s order, cancellations of the contract will not be allowed without written consent of a partner of Vale Labels and then only upon such terms as Vale Labels shall in its sole discretion specify.

1. PRICE VARIATION – Estimates are based on Vale Labels current costs of production, and unless otherwise agreed, are subject to amendment at any time to meet any rise or fall in such costs. Vale Labels will not be held to estimate ate given over the telephone. A firm quotation can only be given on sight of proposed artwork.
2. TAX – Vale Labels are VAT registered and are required to charge the current amount of value added tax whether or not included in the estimate or quote.
3. PRELIMINARY WORK – All work carried out, whether experimentally or otherwise at the customer’s request shall be charged for.
4. COPY – A charge maybe made to cover any additional work involved where the artwork, or instructions supplied by the customer are not clear and legible.
5. PROOFS – Proofs of all work may be submitted for customer’s approval and Vale Labels shall incur no liability for any errors not corrected by the customer. Customer’s alterations and the requirement for additional proofs shall be charged for. When design, typestyle and layout is left to the judgement of Vale Labels, changes and additions to this format by the customer/ shall be charged for. Any customer who is shown a proof, and fails to see and correct an error, has accepted that error as a part of his work, and can under no circumstances disclaim payment.
6. COPYRIGHT – The customer shall be responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs etc. The customer will indemnify the printer and his agents from any claim arising thereof.

7. DELIVERY & PAYMENT(a) Non-Account Holders: Payment is due on collection of goods. If delivery is required, a request for payment on a proforma invoice will be made. Applications for a Credit Account are available on request, but shall only be granted after satisfactory references have been taken up.(b) Account Holders: Payment is required during the month following the month of invoice. Vale Labels shall be entitled to charge interest at the rate of 4% per month, or part thereof, on all unpaid amounts due, whether before or after judgement, until fully paid. Vale Labels, at their discretion, shall at any time, reserve the right to withdraw credit for whatever reason.(c) Vale Labels operate a prompt payment discount scheme for account holders, current rates and terms are described on the Sales Invoice.(d) Invoices: (E. &O.E.) Although every effort is made to ensure invoices are correctly priced before dispatch, we must insist the ‘Errors & Omissions are excepted’ by the customer.
8. DELIVERY DATES – Vale Labels will endeavour to secure delivery of the goods on the estimated delivery date, but shall not guarantee the date and time of delivery, nor shall Vale Labels be liable for any damage or claims of any kind in respect of delay in delivery.
9. RAPID DELIVERY – Vale Labels will endeavour to help customers with rapid delivery whenever possible, however they shall reserve the right to make an administration charge of £10.00 when it is necessary for them to breakdown pre planned production in order to complete a rapid delivery.
10. SALE OF GOODS   (a) Ownership of the goods, which are subject to this contract, shall not pass to the buyer until the goods are fully paid for. But the risk in the goods shall be borne by the buyer, from the date of delivery by Vale Labels, or their carriers to the buyer.(b) In the event that the buyer does not make payment for goods on the due date, Vale Labels shall, at their discretion, be at liberty to recover the goods or maintain an action for the price of the goods.(c) For all purposes the buyer hereby grants to Vale Labels an irrevocable lien on the goods until the price is paid and permits Vale Labels access to recover the goods, where ever they are situated.(d) Without prejudice to the foregoing, Vale Labels may maintain an action against the buyer for any loss or damage suffered in consequence for the buyer’s failure to complete the contract or pay the price for the goods.
11. VARIATIONS IN QUANTITY – Every endeavour will be made to deliver the correct quantity ordered, but quotations are conditional upon a margin of 5% for one colour work (10% in multi-colour work) being allowed for over runs or shortage.
12. CLAIMS – Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Vale Labels and the carrier within 3 days of delivery (or in the case of non-delivery, within 14 days of despatch of goods) and any claim in respect thereof must be made in writing to Vale Labels and the carrier within 6 clear days of delivery (or in the case of non-delivery, within 28 days of despatch). All other claims must be made in writing to Vale Labels within 7 days of delivery. Vale Labels shall not be liable in respect of any claim unless the aforementioned requirements have been compiled with except in any particular case where the customer proves the (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.
13. LIABILTY – Vale Labels shall not be liable for indirect or consequential loss to the customer arising from third party claims occasioned by errors in carrying out the work or by delay in delivery.
14. STANDING MATERIALS – Metal, photopolymer, film, glass and other materials owned by Vale Labels and used by them for the production of type, plates, moulds, stereotypes, electrotypes, film-setting, negatives, positives and the like shall remain the exclusive property of Vale Labels. Such items when supplied by the customer shall remain the customer’s property.
15. CUSTOMER’S PROPERTY & PROPERTY SUPPLIED(a) Customer’s property and all property supplied to Vale Labels, or supplied on behalf of a customer, will be held at the customer’s own risk. If artwork or instructions are supplied, we advise the customer to keep a good copy.(b) Every care will be taken to achieve the best results where material or equipment is supplied to Vale Labels, but responsibility will not be accepted for imperfect work caused by the defects in, or unsuitability of materials and equipment supplied.(c) Where the customer supplies materials, adequate quantities need to be supplied in order to cover set-up spoilage.
16. INSOLVENCY – If the customer ceases to pay his debts in the ordinary course of business, or cannot pay his 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 him, Vale Labels 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 a charge is to be an immediate debt to Vale Labels. (ii) In respect of all unpaid debts due from the customer have a general lien on all goods and property in Vale Labels possession (whether worked on or not) and shall be entitled on the expiration of 14 day’s notice to dispose of such goods and property in such a manner and such a price Vale Labels think fit and to apply the proceeds towards such debts.
17.ILLEGAL MATTERS – (i) Vale Labels shall not be required to print any matter, which may be of an illegal or libellous nature or an infringement of the proprietary or other rights of a third party. (ii) Vale Labels shall be indemnified by the customer in respect of any claims, costs and expenses arising from out of any libellous matter of any infringement of copyright, patent, design or any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim,
18. CONTINGENCIES – Vale Labels shall not be responsible for non performance in whole or part of its obligations, nor under any liability to the customer in respect thereof if such non-performance is due to acts of Gods, War, insurrection, riot, government regulations, embargoes, strikes, labour disputes, illness, flood, fire, tempest, force maejeure, or any other cause beyond the control of Vale Labels. During the continuance of such a contingency, the customer may by written notice to Vale Labels, elect to terminate the contract and pay for the work done and materials purchased, but subject thereto shall otherwise accept delivery when available.
19. LEGAL JURISDICTION – These terms and conditions and the contract to which they relate shall be constructed and have effect according to English Law and Vale Labels and the customer agree to submit to the jurisdiction of English courts.