FIRST EDITIONS LTD (“FE”) TERMS AND CONDITIONS
TERMS AND CONDITIONS SECTION 1: FINANCIALS
1.1 QUOTES
Quotes are valid for the goods specified in them and for 3 months from date of quote. Alterations may incur a cost increase, which will be reflected in a new quote. Please bear in mind that all quotes made are made subject to the terms and conditions of sale. Any order placed is placed subject to the terms and conditions set out here, as stated on the invoice and quote.
1.2 PRICE
The price payable for the goods you order and their delivery is as set out in the invoice. We reserve the right to change the prices shown at any time and we will contact you before the order is confirmed in the event of an alteration being made. VAT will be included in our invoices.
1.3 MISPLACED GOODS, MISPLACED DECIMAL PLACES OR OTHERWISE
If, by genuine mistake, we have under priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the item at that price.
1.4 PROFORMA PAYMENTS AND CUSTOMERS ON ACCOUNT
Unless you are a customer that is on “account” we must receive payment IN FULL for the goods ordered before the order can be processed. When not on “account” by placing an order, you agree to pay pro-forma for the invoiced goods. Our acceptance of your order brings into existence a legally binding contract between you and us. Customers are reminded that they should satisfy themselves that the products they are ordering are suitable for their requirements before placing an order. No responsibility is placed with First Editions Ltd for the decision to order.
To become a customer on account, you must complete a credit application form and meet our necessary credit requirements.
It is at our discretion to change the customer status from account to pro-forma at any point.
1.5 PAYMENT
Payment of invoices are due for settlement 30 days after date of the invoice and being on a strictly net basis. Goods will be invoiced at prices ruling at date of dispatch. For all
new customers the first order will always be on a Proforma basis - if for any reason payment is late we reserve the right to charge for storage costs incurred by First Editions Ltd due to this late payment.
If for any reason payment has not been received per the terms set out in these conditions by purchaser (or any company related, linked or associated to the purchaser as deemed by First Editions Ltd) for previous orders with the supplier, we may choose to not provide goods for the current order until payment has been made.
TERMS AND CONDITIONS SECTION 2: THE ORDER AND ARTWORK
2.1 ARTWORK AND DESIGNS
You must provide us ready artwork designs in Adobe Illustrator file format or an editable pdf file compatible with Adobe Illustrator. Files must be vectorised and shared by email.
We reserve the right to charge for requested changes to customers supplied artwork. A redrawing fee of £15/per hour may be charged.
Our printing capability is dependent on the quality of the artwork supplied. The artwork supplied and information regarding the print and design is the responsibility of the customer.
Artwork layouts created by First Editions Ltd is to be approved and returned by email by the customer. When approving, the order confirmation, the artwork or both, the customer is approving all aspects of the product design and production – this includes but is not limited to specifications relating to layout, quantity, style of bottle, colour of bottle, top type, top colour, print colours, print positioning, designs, logos, wording, website details (etc.) contained within the artwork layout (as prepared for customer approval by First Editions Ltd). We will not look to amend artwork from that sent to us by the customer when using it in the artwork layout that we provide to the customer for their approval. However, we may, for various justifiable reasons, change, amend, add to, reduce, adjust, re-size, change the colours, add wording (etc.) to the artwork provided by the customer as part of preparing the artwork layout for the customer to approve. Such actions are called “changes”. The ownership and responsibility for the accuracy and correctness of any such changes provided in the artwork layout becomes the customer’s responsibility when they approve either the order confirmation, the artwork or both.
It is advisable that the customer prints a copy of the layout to confirm the quality and accuracy of the artwork layout that will be used to create the screen/s or used on our digital machinery. We cannot accept liability for any post-completion errors or omissions once artwork layout has been signed off by the customer.
We cannot accept responsibility for any changes, errors or omissions noted by the customer relating to the artwork layout, once it has been signed off. In such cases, if any aspect of the production for the product has commenced and changes are required by the customer we reserve the right to charge reasonable costs incurred to date in achieving the new requirements specified by the customer e.g. in artwork redraw, reproduction of bottles and reproduction of machinery setup. Bottles already produced, that are no longer of use to the customer, but ordered (incorrectly by the customer) will be paid for by the customer and will be the property of the customer’s. This will also be true of the revised and corrected order as re-ordered by the customer.
2.2 PRODUCT COLOURS AND PRINT
Available product colours vary from model to model. “Product” here refers to any component of the physical product where colour can be varied (e.g. bottle, lid, valve etc.). Tonal variations from stated Pantone references may occur and there may also be variation in any re-order to the original order. We will endeavour to minimise these, but do not accept liability for such variations.
We will do our very best to match all colours, but due to the nature of mixing inks, the variance in colour between wet and dry phases of printing and manufacture, environmental factors and colour conversion, our ‘colour matching service’ is a guideline or best-estimate only, and is not guaranteed to be a perfect match and thus will not be held liable for any errors in matching colour, or loss of earnings in matching colour, nor will we refund goods based on colour matching.
All colours in a design will be matched to the closest in house stock ink colour.
For exact colour matches please request Pantone Matched colours, please be aware that colours may vary with your monitor settings, software and environmental light etc. Our ‘colour matching’ service is Free of charge.
If we have to mix colours to match a required Pantone then a charge at cost is made. This is normally £25.00 per colour mixed. You will be informed of any such costs prior to printing. Pantone colours may not be exact matches and tonal variations may be experienced. Pantone colours vary from original order and reorder.
2.3 MAXIMUM PRINT SIZE
The Maximum print size the products supplied by First Editions Ltd varies by print type and by bottle. The artwork supplied to the customer stipulates the maximum print size. When the customer places an order, approves an order confirmation or approves an artwork the customer accepts the size of the print. The print size is measured in height and width. The height represents the length of print area from going from the bottom of the bottle or drinkware product to the top when it is standing on a flat table surface. The width of the print size is measured horizontally when the bottle is standing up. Specifically the dimensions represent the area of a flat surface that is then applied to a surface that is not flat i.e. in the case of a bottle is typically cylindrical or a shape of that nature. When the customer places an order, approves an order confirmation or approves an artwork, the customer accepts that the print size represents dimensions on a flat surface that is subsequently applied to a bottle.
2.4 PRINTING ASPECTS
Where any aspect of the print design (size, location, number of faces, print colours, print method) is not specified by the customer, or there is any confusion or ambiguity in the information provided by the customer to First Editions Ltd, we will use our skill and expertise to develop and print a design that is suitable. Under such circumstances, and where the customer has either placed an order, approved an order confirmation or approved an artwork, we do not accept responsibility when any print outcome (related to the aspects above) is not in line with our customer’s expectations.
For orders from 5000 pieces, special colours can be arranged. We may apply a 5% surcharge. This will be communicated in advance and we will only apply the surcharge subject to receiving confirmation from the customer.
In multicoloured designs where close registration of two or more colours is required there is the possibility of mis-registration of up to 1mm, depending upon the size, shape
and design of the artwork. This tolerance meets industry standards and print within this tolerance is deemed acceptable.
All digitally printed bottles are printed with a maximum resolution of 360dpi. Due to the print process only 70% of the colour spectrum can be achieved, please refer to the digital guide for more information. The digital heads are 70mm high. Large images can printed by combining two sets of print heads however where these images join a stitching line will form. This is more noticeable in some designs/colours. We can not guarantee text printed onto non-fat surfaces will be legible.
By agreeing to these T&Cs you understand that variance in dimensions, placement, colour, ink coverage and visual appearance can change or vary and agree to allow us to use our professional judgment in this matter.
Artworks approved by our customers are guidelines for the printing stage only. Variations, some of which are outlined above, can occur. However, our printing will be materially similar to that provided in the approved artwork.
2.4 SUPPLIED DESIGNS
It is the customer’s responsibility to gain authorization to use any copyrighted, trademarked or otherwise licensed material/ logos in their order. We will not be held liable for use of copyrighted, trademarked or otherwise licensed logos, designs or artwork in products supplied to your specifications.
2.5 DESIGNS PRODUCED BY US
Any designs produced by us for you will remain our intellectual property and may not be used in any other form without our prior written consent. You may pass the designs produced by us to your customer who is directly involved in the particular order. Designs may not be shared with any other parties.
2.6 DESIGNS
We may occasionally use examples of custom printed products we’ve previously produced in our brochures, websites, exhibitions and pitches and any other form of marketing or communication. These products may be those you have purchased from us. If you would prefer to opt-out or keep your relationship with us discreet, please let us know by clearly stating on your order or artwork approval. If you do this, we will not use any of the products for any of the purposes noted above.
2.7 SAMPLES
It is at our discretion whether we charge for or produce samples or pre-production samples as part of any order or simply for the purposes of aiding you.
Due to the process involved in manufacturing and printing our product range, we typically charge for pre production sampling.
2.8 ORIGINATION
Set-up costs will be charged to our customers on all screens. The prices shown in the unit product price list do not include origination, setup and screen costs. Unit prices also do not include delivery costs. Our quotes provided details of all costs that the customer may pay in relation to the order.
2.9 AVAILABILITY
Where stock is not available we will inform you of this as soon as possible and will look to offer replacements (this may affect the price, which will rise or fall accordingly, and may result in an issue of a further invoice to you or remittance advice from us) or we may offer to send the goods on shortly after. We will not send an order unless the entire order in terms of quantity can be met, unless we have received approval from the customer to only deliver part of the order. We will not be liable for any loss of earnings arising from stock-outs or from any delays in the production process.
Any changes to an order that result in a rise in cost, will be invoiced to the customer and must be paid pro-forma before the order proceeds (unless the customer is on “account”).
2.10 EXACT ORDERS
Due to the nature of manufacture, there are occasionally errors that occur due to manufacture, or genuine mistakes of operatives. We have numerous quality control processes that means that almost all rejected products are flagged up in production, however this means that if you require an order of exact quantities, we advise you order 5% more than needed: This is due to the (unlikely) occurrence of seconds in the production process which may mean an order is short after the seconds have been identified. By placing an order you also agree that the total quantity of goods delivered may be +/-5% to the order by quantity on receipt. If we send less or more product than ordered for this reason, it will be detailed in the dispatch sheet. For proforma customers, additional fees will be owed by you or to you from us depending on the number of products delivered. For customers on account, the exact number of product delivered (subject to the +/-5% constraint) will be invoiced.
2.11 MINIMUM ORDER VALUE AND PIECES
The minimum order value is £50.00 excluding VAT.
The minimum quantity for plain stock is 50 pieces. We may offer current
Please see price list for minimum quantity on individual bottles.
2.12 BOTTLE SIZING AND HEIGHT
All bottle sizes and weights provided in information sent to you or on our website are estimates and are not guaranteed. Please double check the size information supplied or available. If you are concerned about sizing, we recommend ordering samples in advance. Due to the manufacture process, there is some variance in product sizing and weights between identical products. Therefore exact sizing and weights cannot be guaranteed, and information provided on size and weights is a guideline only. We are not responsible for any loss of earnings as a result of sizing or weight variances.
2.13 THE DRYING PROCESS
Every screen printed product is dried mechanically and as such may affect the products and prints. A print’s colour can be mildly changed during this drying process, and by placing your order you understand that there may be some print colour variance between items. We have a stringent quality control process.
TERMS AND CONDITIONS SECTION 3: DELIVERY & LEAD TIMES
3.1 SHIPPING
The liability for loss or damage in transit, or thereafter, shall pass to the customer upon the delivery of the order to a common carrier for shipment. Shipping dates are approximate and are based, to a great extent, on prompt receipt by us of all necessary ordering information from you. The customer shall bear all costs of transportation. We will add delivery costs to your invoice. We shall not be in default by reason of any failure in its performance under this Agreement if such failure results from, whether directly or indirectly, fire, explosion, strike, freight embargo, Act of God or of the public enemy, war, civil disturbance, act of any government, de jure or de facto, or agency or official thereof, material or labour shortage, transportation contingencies, unusually severe weather, default of any other manufacturer or a supplier or subcontractor, quarantine, restriction, epidemic, or catastrophe, lack of timely instructions or essential information from you, or otherwise arisen out of causes beyond our control. Nor shall we at any time be liable for any incidental, special or consequential damages.
The risk passes to the buyer upon leaving us and on delivery to a common carrier. We are not liable for any losses in transit.
3.2 GOODS DELIVERY HANDLING RESPONSIBILITY
You will need to be sure that you have sufficient and proper equipment and that your own designated personnel (or your customer’s designated personnel) are available to unload products/goods delivered to your premises as the delivery companies’ drivers are not obliged/required to provide assistance in unloading and/or placing your order. “Your premises” refers to the delivery premises requested by you, whether that be your premises, your customer’s premises or a storage location.
3.3 DELAYS BEYOND OUR CONTROL
We shall have no liability to you for any failure or delay in the delivery of goods ordered, or for damage or defect to goods caused by events or circumstances beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
3.4 LEAD TIMES
Please allow 2-4 weeks from receipt of approval of artwork, 4-6 weeks for special colour orders. Any time or date for delivery by the company is made in good faith. Whilst we will make every effort to meet estimated lead time, no liability will be accepted for the consequences of any delay. All risk in the goods supplied to the buyer shall pass at the time of delivery to the buyer’s premises. Title to the goods supplied will not pass until the buyer makes payment in full. The Company reserves the right of lieu on any of their goods already in the buyers possession to the value of the unpaid account. Claims for non delivery must be made to the Company and carriers within 14 days of invoice. Shortages must be notified within 7 days.
Express delivery services attract additional costs. You will have chance to approve any such costs prior to production beginning.
We do not accept liability or responsibility for the failure to meet any delivery dates when the cause is a third party or due to a factor outside our control.
3.5 MUST HAVE DATE
We understand that in some cases that a “must have” date is necessary and will be required sooner than that of our normal lead times. If this is required then an express charge will be applied. During this time of the required “must have” date we shall confirm that this will or will not be possible, if we confirm that it is indeed possible, it will then rely that everything in the job/order goes smoothly and that no errors (whether that be shipping, manufacturer delays, manufacturer errors, print errors etc.) occur. If any errors do occur and the “must have” date is not achieved, we can not be held liable due to the work being carried out under a time sensitive manner. If the job carried out as a fact can not miss the “must have” date due to an event occurring, at First Editions Ltd’s discretion, ways will be found to shorten production time to ensure that the job and/or majority of the job is completed and delivered on time.
3.6 LOSS OF EARNINGS
We cannot, and will not, be held responsible for any loss of earnings, real or projected, as a result of an order being lost, arriving late, or not being as expected.
TERMS AND CONDITIONS SECTION 4: CANCELLATIONS AND REFUNDS
4.1 CANCELLATIONS AND REFUNDS
Cancellation of orders will not be accepted once manufacture of the goods has commenced. The buyer will indemnify the seller against all damages, penalties, costs and expenses to which the seller may become liable as a result of work done in accordance with the buyers design or copyright of the buyers customer’s registered design or copyright.
Returns and refunds cannot be accepted as stated in 4.1.
4.2 RETURNS
This is a bespoke manufacturing service whereby we manufacture one-of-a-kind goods to your specifications and therefore refunds and returns of goods are not possible. We will accept no returns of product – blank or customised – for any reason, therefore we encourage customers to take care with the specifications and take care to understand the terms and conditions of their order. By making a purchase order you agree to pay for the goods listed and understand that no refund, replacement or compensation can be claimed for the goods once the order has been placed.
The only circumstance where we will accept return goods is when they are proven to be faulty. Any fault must be reported in writing within 14 days of delivery. All goods found to be faulty or wrongly printed must be returned prior to the replacement order being delivered (in order for First Editions Ltd to consider the product a legitimate return). It is the buyer’s responsibility to ascertain the suitability of the product prior ordering.
Returns will specifically only cover individual products i.e. single items of drinkware that are faulty. There are no cases where the entire order is faulty unless every single individual product is deemed and proven to be faulty and meets the 14 day notification timescales described above.
Where faulty product is proven we will replace such products. It is the customer’s responsibility to provide evidence of the product being faulty.
4.3 REPAIRS
Where there has been a genuine manufacturing error we will investigate and endeavour to repair or replace affected products as we see fit in order to supply products to specification. This does not include ordering errors on the part of the customer, and does not supersede other related terms.
TERMS AND CONDITIONS SECTION 5: LIABILITY AND OTHER
5.1 EXCLUSION OF LIABILITY
We shall not be liable in any way for any loss of revenue, profit, goodwill or any consequential or indirect or special loss or damage arising out of the purchase of any goods by you from us or late or non-delivery of goods. We do not accept liability for any loss from claims of third parties arising out of the use of Goods or Services purchased from us. We shall not be liable for any misrepresentations. We accept zero liability for all losses not specifically mentioned here, as well as any liability for health issues that may occur from the use of products supplied to you by us.
5.2 WARRANTY
We will endeavour to provide quality goods as standard. Any wear and tear or depletion of goods due to use and wear are not our responsibility and we will not be obliged to replace or refund any goods.
Bottle Washing Instructions: Please hand wash using a mild detergent in hand suitable hot water. All bottles, tops and dust caps are not recommended for use in the dishwasher.
5.3 LIABILITY
First Editions Ltd will not accept any liability for loss or profit or consequential losses suffered as a result of erroneous delivery, production or delivery delay, or otherwise. The risk inherent in all goods passes to the customer as soon as production is complete and the order is dispatched.
5.4 GOVERNING LAW
The contract between you and us shall be governed by and interpreted in accordance with English law, and the English courts shall have exclusive jurisdiction to resolve any arising disputes.
All accepted orders placed with First Editions Limited will be deemed to be covered under the jurisdiction of English Law. Unless expressly accepted in writing any qualification of these conditions contained in any written or printed document of the buyer shall be deemed inapplicable.
5.5 CONFIDENTIALITY
All information supplied by either party to the other and identified as confidential by the recipient shall be kept strictly confidential by the recipient and shall not be disclosed to any third party without the other’s prior written consent. Each party shall take appropriate steps to ensure that its employees, subcontractors and agents are also bound by confidentiality undertakings with respect to products, suppliers, printers, supply chain, supply partners.
All confidential information and documents supplied to either party shall be returned to the supplying party on expiry or termination of this Agreement.
The obligations of confidentiality in these Terms and Conditions shall remain in force after expiry or termination or any relationship between you and us.
5.6 GENERAL
We may subcontract any part or parts of product sourcing, production and delivery of Good and/or Services without prior notice. If we do not have the required stock for your order we may source an exact replacement to fulfil the order. You will not receive prior notice of this if the replacement product is the same specification, colour, size, style and material. If exact replacements are not available, we will discuss alternatives with you and gain your approval before proceeding.
5.7 ENTIRE AGREEMENT (“THE TERMS AND CONDITIONS”)
These terms and conditions, delivery details and contract details, set out the whole of our agreement relating to the supply of the goods to you by us. These terms and conditions cannot be varied except in writing signed by a director of First Editions Ltd and will always supersede the customer’s Terms and Conditions. In particular nothing verbally agreed by any of our staff 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. We shall have no liability for any such representation being untrue or misleading unless it is made fraudulently. No delay or failure on our part to enforce our rights or remedies under these Terms and Conditions shall constitute a waiver on our part or such rights or remedies unless such waiver is confirmed in writing.
5.8 SCOPE OF AGREEMENT
These conditions apply to all Goods and Services supplied by us to you and shall govern the contract to the exclusion of any other terms and conditions. In particular, these conditions shall override and supersede any terms or conditions of purchase of the Buyer purported to be incorporated expressly or impliedly into the contract. You accept these conditions by purchasing the goods and / or services.
All correspondence and documentation relating to the Order shall be in English language. If translations exist in other languages, the English version shall prevail if in conflict.