Our product and service information literature, set out in detail the framework of the supplier customer relationship to which we are committed. They detail product and service specification, menu price all our products and services, specify formats of data acceptance, and contain guidelines for efficient, effective communication and design.
Below we set out the Terms and Conditions and our Policies under which orders are accepted by No Limits Business Services Ltd (NLBS) however placed (written/fax/internet). Your placement of an order indicates your acceptance of these Terms and Conditions, including our Policy on Data Protection-use of your information. We treat each order for products or services by you as an offer by you to purchase subject to these Terms and Conditions.
Terms and Conditions of sale
Quotations No Limits Business Services (NLBS) will not be bound by any price quoted on the telephone. A written quotation will be given by us once we have received complete instructions, examined necessary samples and shall remain valid for a period of 30 days and no order shall be deemed accepted unless and until confirmed in writing. Where a quotation has not been given the price charged will be at the rate current at the date of acceptance of the order.
Price variation Prices are based on the current cost of production and any quotation is subject to increase at any time after acceptance by NLBS of the customer's order to meet any rise or fall in such costs which are due to factors beyond NLBS’s control or due to any changes requested (including any changes in the timetable for production) or delays occasioned by the customer or failure of the customer to give adequate instructions. Unless otherwise stated all prices quoted are exclusive of VAT and any delivery or expedition charges for which the customer shall be additionally liable.
Acceptance of orders NLBS contracts for the supply of goods and/or services only subject to these terms and conditions and all terms and conditions in the customer's order or enquiries inconsistent therewith shall be of no effect. Employees and agents are not authorised to make any representations in relation to services offered and the customer acknowledges that it does not rely upon and waives any breach of such representation.
The terms and conditions herein shall constitute the entire agreement between NLBS and any modification to these conditions will be binding only if it is evidenced in writing signed by a director of the company and such evidence contains specific reference to those conditions being modified.
Acceptance of the customers order takes place when an order confirmation - email/fax/written is despatched to the customer, or preliminary work is undertaken on the customers instructions. No order which has been accepted may be cancelled without the written consent of NLBS and in terms that the customer will indemnify NLBS in full against all costs incurred as result of the cancellation.
We reserve the right to decline any order without giving any reason.
We accept orders only in Pounds Sterling.
Disclaimer NLBS disclaims to the maximum extent permitted by law all representations, warranties (express or implied) regarding products, services, quantities, pricing, graphics, software, information, published on our web site, in our buying guides or in any other form or location. Data is constantly updated and therefore is not necessarily accurate, current or complete.
Provision of the products, services, software, information is on an "as is" basis. In particular NLBS disclaims without limitation, warranties of merchantability and fitness for purpose.
Tax Value added tax will be charged, if applicable, at the rate ruling on the date of supply whether or not included on the quote, order, invoice.
Preliminary work All work carried out, whether experimentally or otherwise, at customer's request shall be charged.
Supply of design data A charge may be made to cover any additional work involved where the design data supplied or specified is not clear, legible, or in the prescribed format/specification to produce satisfactory results.
Where design data is so supplied or specified, responsibility will not be accepted for imperfect work caused by defects in the supply, format or specification. Where we are aware defects in the data are so severe and cannot be remedied we will halt further processing awaiting your instructions. The work to this point will be chargeable.
Proofs Proofs of all work may be submitted for customer's approval and we shall incur no liability for any errors not corrected and communicated by the customer in proofs so submitted. Customer's alterations and additional proofs necessitated thereby shall be charged extra.
Archived Designs Designs are usually archived so enabling us to reprint, amend or extract data from previous orders. Retrieval and amendment of the designs is a chargeable service. We make no guarantee that files will be archived.
Copyright Unless negotiated and agreed in writing, the copyright of General Artwork, Commissioned Artwork and Illustrations belongs to NLBS, except where the whole printed product design is uploaded, transferred to us by the customer. The customer shall be responsible for all the design data they supply. He/she should obtain the necessary authority to reproduce picture, artwork, photographs, logos etc. The customer will indemnify us and our agents from any claim arising thereof.
Indemnity The customer warrants that he has full authority to reproduce any material in which copyright subsists and NLBS reserves the right to refuse to undertake any work which infringes or appears to infringe the copyright or other intellectual property rights of any third party or which in its opinion contains any material which is in any way unlawful. The customer warrants that any design or other material furnished by him or any design material created by NLBS pursuant to the customer's instructions is not defamatory or obscene or such as will cause NLBS to infringe any intellectual property rights of any third party or any legislation for the time being in force in the United Kingdom in the performance of the contract. The customer shall fully indemnify NLBS in respect of all costs, claims, liabilities and expenses (including any amount paid in settlement on legal advice and NLBS's own legal costs) arising from any claim that any materials provided by the customer or design materials produced by NLBS pursuant to the customer's instructions contains any defamatory or obscene matter or infringes the intellectual property rights of any third party. In the event of any claim being made or action brought against a customer arising out of the matters referred to in this clause, the customer shall promptly notify NLBS thereof.
Company imprint Unless otherwise specifically requested in writing all designs will carry our company imprint which will be positioned at our discretion.
Delivery and payment These services we provide rely on the customer not delaying the progression of the order in any way, e.g. not returning proofs on time or failing to make payment. In such circumstances NLBS will make a premium surcharge, but will not be bound by any guarantee. We entrust delivery of your goods to third party carriers, whose services we select on the basis of value for money. Their performance is carefully monitored and if we find they are falling short of their advertised claims and the situation cannot be remedied we will cease to use their services. The percentage of failures to successes in meeting service levels are contained within reasonable limits and if your goods do not arrive on time this is a regrettable but not an usual event for which we will not be held liable.
Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due.
Unless otherwise specified the price quoted is for delivery of the work to the customer's address as set out in the order. A charge may be made to cover any extra costs involved for delivery to a different address.
Should expedited delivery be agreed, extra may be charged to cover any overtime or any other additional costs involved.
Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days we shall then be entitled to payment for work already carried out, materials specially ordered and any other additional costs including storage.
For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt at 4% above the Bank of England base rate at the time and an administration fee to cover the debt recovery costs.
The passing of property in delivered goods shall not pass from NLBS to the buyer until NLBS has received full payment from the buyer and until such time property in the goods shall remain with NLBS. Furthermore the buyer undertakes that on taking delivery and possession of the goods belonging to NLBS, the buyer shall not re sell these goods, nor shall the buyer use these goods, and the buyer undertakes to NLBS that they shall store these goods in a safe and secure manner, taking all precautions to prevent any deterioration of the goods.
Variations in quantity Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins for 5 per cent for work in one colour only and 10 per cent for other work being allowed for overs or shortage (4 per cent and 8 per cent respectively for quantities exceeding 50,000).
Claims Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to us and the carrier within three working days of delivery (or in the case of non-delivery within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to us and the carrier within seven clear days of delivery (or in the case of non delivery, within 42 days of despatch). All other claims must be made in writing to us within 28 days of delivery. We 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 it was not possible to comply with the requirements and advice (where required) was given and the claim made as soon as reasonably possible.
Limitation of Liability The sole liability of NLBS in respect of any defect in, or failure of any goods or services supplied or for any shortage in the quantity of goods delivered or for any loss, injury attributable directly or indirectly thereto (other than in respect of death or personal injury) is limited to making good by replacement or repairing defects or failures which under proper use appear therein. Without prejudice to the foregoing, NLBS shall in no circumstances be liable for any indirect or consequential loss (including without limitation loss of production, loss of profit or liability to third parties) suffered or incurred by the customer, for any loss or damage in excess of the contract price for the goods or part thereof in respect of which a claim is made. We shall not be liable for any loss to the customer arising from delay in transit of their goods
Customer's property Except in the case of a customer who is not contracting in the course of a business or holding himself out as doing so, customer's property and all property supplied to us by or on behalf of the customer shall while it is in our possession or in transit to or from the customer be deemed to be at the customer's risk unless otherwise agreed and the customer should arrange insurance accordingly.
We shall be entitled to make a reasonable charge for the storage of any customer's property left with us before receipt of the order or after notification to the customer of completion of the work.
Materials/data supplied by the customer We may reject any paper, plates, data, media or other materials supplied or specified by the customer which appear to us to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged.
Responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
Quantities of materials supplied shall be adequate to cover normal spoilage.
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 it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, we without prejudice to other remedies shall 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 us, and in respect of all unpaid debts due from the customer we have a general lien on all goods and property of his in our 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 we think fit and to apply the proceeds towards such debts.
Illegal matter We shall not be required to print or design any matter which in our opinion is or may be of an illegal or libelous nature or any infringement of the proprietary or other rights of any third party.
We shall be indemnified by the customer in respect of any claims costs and expenses arising out of any libelous matter or any infringement of copyright, patent, design of 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.
Full colour printing Every effort will be made to obtain the best possible colour reproduction on customer's work but because of the nature of the processes involved, we shall not be required to guarantee an exact match in colour or texture between the customer's photograph or transparency, monitor display - local or over the internet, colour proof and the printed article.
Force majeure We shall be under no liability if we shall be unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power of supply, lock-out, strike or other action taken by employees, partners or suppliers 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 us elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
Consumer rights These terms and conditions do not and will not affect the statutory rights of a customer who is a consumer. No provision which would be void by virtue of Sections 6 or 20 of the Unfair Contract Terms Act 1977 (as amended) or by virtue of the Unfair Contract Terms in Consumer Contracts Regulations 1994 shall apply to any consumer transaction. The expressions "consumer" and "consumer transaction" shall have the respective meanings given thereto in paragraph 2 of the Consumer Transactions (Restriction on Statements) Order 1976 (as amended) or in the 1994 Regulations as appropriate.
Law These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.