Terms & Conditions
Terms & Conditions of Sale
Definitions:
The “Seller” means EHA Duplication. The “Buyer” means any firm, person or company who places an order with the seller. The “Goods” means any products or services supplied by the seller to the buyer. “Working days” means Monday, Tuesday, Wednesday, Thursday and Friday.
1.) Conditions Applicable:
Unless specifically agreed beforehand, the conditions of this contract will always prevail over any conditions stipulated by the buyer, all disputes arising shall be governed by English law.
2.) Specific Conditions of Sale:
The seller retains the right to decline to trade with the buyer, if in event of payment having already received from the buyer, this payment is deemed refundable in full.
3.) Price:
The price charged for goods and services shall be quoted in advance by the seller to the buyer. The seller reserves the right to alter its price list at any time without notice in accordance with cost variations. EHA Duplication is not a VAT registered company therefore VAT is not charged.
4.) Payment:
Standard payment terms between the buyer and the seller will require settlement of the invoice prior to the start of the order. Settlement is classed as cleared funds or cash. Cheques should be at the Seller’s registered office five days ahead of the due date. All goods remain the sole property of EHA Duplication until fully paid.
5.) Delivery:
The delivery charge quoted on our instant quote system is for a single delivery to a UK mainland address. Time of delivery shall not be the essence of this contract. We will endeavour to despatch your goods within the quoted time frame, however, we shall not be liable for any consequential losses, costs, damages, charges or expenses incurred in the delay in delivering goods. In the unlikely event your goods appear lost or damaged in transit, please contact us immediately on 07816351718 or via email within 24 hours. Although every care shall be taken to ensure that turnaround times and deadlines are met, the seller shall have the right to cancel or delay a delivery if circumstances in the manufacture process prevent a deadline to be met. The seller will not be responsible for any further implications from delaying a delivery. In the case of any shortfall in quality or quantity of goods received. The buyer should either refuse delivery from the courier or faults should be noted with the courier and photographic evidence to be immediately taken to back up any claims. The seller will then investigate the matter within seven working days and ensure that appropriate compensation is granted within a further thirty working days. On confirmation from our courier that the goods are missing or damaged, we will despatch a replacement order to you.
6.) Risk and Title:
The buyer will assume the risk of the goods immediately upon receipt either by him, her or an appointed agent, however the title to the goods shall remain in the hands of the seller until the point at which full settlement has been received in cleared funds or cash by the seller. At any time before full settlement the seller is entitled to recover the goods held by the buyer and for that purpose, the Buyer is deemed to have granted the Seller or someone acting on the Seller’s behalf, express rights to enter the Buyers premises at which the goods are stored for repossession purposes. The Buyer’s rights to resell any goods not settled in full will be deemed revoked in the event of an appointment of an administrative receiver to the buyer.
7.) Copyright:
EHA Duplication shall not be responsible for any copyright infringements. It is a condition of sale that all copyright matters relating to goods supplied by EHA Duplication are strictly adhered to, and that the customer has obtained the consent of the owners or all rights (including musical, artistic, and intellectual and other copyright and performance rights). All orders replicated through our outsourcing service with SONY DADC are only accepted if accompanied by a completed IPR form for each title. All orders containing music works must be accompanied by a valid MCPS license, or notification of application for license. It is the responsibility of our client to ensure all copyright approvals have been received and acknowledged by the appropriate bodies. Upon placing an order, the buyer must ensure that he is the owner of all necessary Copyright regarding the goods, or is acting upon instruction of the owner. The Seller reserves the right to request Copyright proof of ownership and necessary licensing from the buyer. The Buyer’s failure to produce such documents is deemed sufficient reason for the Seller to terminate an order placed. Any delay on the Buyer’s behalf of producing Copyright documentation will be added on to the lead time of the order. The Seller reserves the right to recover costs for any work which may have already been started between the receipt of the purchase order and the Seller’s decision to terminate the order. The customer warrants that no Masters, Labels or Packaging Designs or Artwork or Text or other material supplied contains any obscene, libellous, sexually explicit or other offensive or illegal material which will render EHA Duplication liable for any criminal or civil proceedings or that would contravene EHA Duplication’s directive as a company and the customer hereby agrees to indemnify EHA Duplication for any damages, loss and all costs and financial penalties payable by EHA Duplication arising from or in connection with the breach of this warranty.
8.) Force Majeure:
The seller will not be responsible for delays, damages and non-performance beyond the Company’s reasonable control and in such cases reserves the right to delay or suspend delivery as circumstances permit. The Seller will ensure however, that in such instances, the Buyer is kept aware of such external circumstances.
9.) Payment:
All prices are in £ sterling. Payment can be made by cheque (payable to EHA Media), cash, BACS or PayPal. If the issuer of your payment card refuses the transaction authorisation, we will not be liable for any delay in delivery. Title of the goods shall not pass to you until we have received cleared funds at the agreed and quoted amount.
10.) Orders:
We reserve the right to refuse the return or refund of specially produced discs/printed products. Orders will be assessed on an individual basis. Items returned without prior agreement will not be refunded.
11.) Masters:
When sending us your Production Masters or Artwork Files, please also hold a copy in safekeeping in case they are lost or damaged in transit. Please note it is not our policy to return Production Masters or Artwork Files. If you do want your Production Master or Artwork Files returned, then please mark them ‘FOR RETURN’ with the return address. We will charge £5 for return by Royal Mail Recorded Delivery. We will hold your Production Masters in our Master Storage Area until your order is delivered, after which time they will be scrapped. Your artwork files will be held on computer storage devices until your order is delivered, after which time they will be deleted.
12.) Approval Copy:
Our policy is to remit an approval copy (Proof). Proofs of all work may be submitted for customer’s approval and EHA Duplication 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. We require written confirmation that the approval copy is satisfactory and that production can start (signing of the sales quote). Once written confirmation is received and production commences, no liability will be held by EHA Media for subsequent cancellations or alterations. All production charges (at the quoted amount in £sterling) will be applied in such circumstances.
13.) Printing:
Artwork should be supplied as a hi-res JPEG, TIFF, PDF or flattened Photoshop files. All in-house colour printing is produced using inkjet print technology, which uses CMYK for colour generation. As a result exact colour matching (pantone) is not achievable and metal effects cannot be reproduced. All reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variation is inherent in the print process. It is understood and accepted as reasonable that, the EHA Duplication shall not be required to guarantee an exact match in colour or texture between the customer’s electronic graphic file, photograph, proof, previously printed matter (supplied by the customer) and the final printed article (the subject of the customer’s order). Please note, we are MAC based.
14.) Goods:
EHA Duplication can accept no responsibility for faulty goods outside a period of 6 months from the date of invoice. We have every confidence that the disks and CDs supplied to you are of high performance and fault free. However, because the performance of software and disks or CDs is a function of the interplay between the two; the machine they are applied to; and to the operator, we cannot accept responsibility for the performance of disks (both with the client and also once they have been onwardly sold from yourselves).
15.) Complaints:
In the unlikely event we fail in meeting our high standards of customer service, please do not hesitate to contact us with your concerns, we will do our utmost to keep you happy and retain your business.
These terms and conditions, together with our current prices, website prices, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
When agreeing and signing the sales quote, you acknowledge and agree to be bound by the terms of our privacy policy. (Our Privacy Policy is available on our website www.eha-duplication.co.uk)
