Home | About Us | Order Samples | Contact Us

Printing Graphic Design Website Design Direct Marketing View Portfolio

Terms & Conditions

Business Cards A4 Letterheads Leaflets & Mailers Brochures & Booklets Menu Covers Logo & Stationery Design Marketing Material Brochure Style Website Content Managed Website E-Commerce Shop Website Direct Marketing Data List Management Portfolio

Terms governing the use of our services

General

These terms:

are a complete and exclusive statement of the agreement between Smart Management UK Ltd. and the customer for Smart Management UK Ltd.
apply whenever business is conducted between us both;
are written in plain, standard English;
should not be constructed in any way as to try and give a word, phrase or expression a different meaning to the ordinary everyday meaning;
supersede all understandings or prior agreements, whether written or oral, and all representations or other communications;

The relationship between Smart Management UK Ltd. and its customers in the graphic, art and print industry is professional in nature. The customer is deemed to be knowledgeable about the technical aspects of the printing industry and its systems, procedures, practices and processes.
Any handwritten or typed amendments (or any other defacement) to these terms do not form part of these terms. They must be disregarded in their entirety.

(1) Definitions

“Smart”, “the company”, “we”, “us” or “our” refers to Smart Management UK Ltd, including any other person or company acting as an authorised representative or lawful agent of Smart Management UK Ltd.
“Customer”, “you” or “your” refers to the person, business or company from whom orders for work are received and with whom Smart Management UK Ltd. enters into a lawfully binding contract.

(2) Quality of work

In accordance with the Sale of Goods Act we must supply goods which are of a “satisfactory quality”. This is defined by the Act as being a “standard that a reasonable person would regard as satisfactory, taking account of the description of the goods, the price (if relevant) and all the other relating circumstances… the quality of goods include their state and condition and the… fitness for all the purposes for which goods of the kind in question are commonly supplied [and their] appearance and finish…”
If you are not satified with the quality of work you must notify us within 7 days of receipt of the goods.

(3) Price, estimates and orders

We will provide you with an estimate of the price to be charged for a particular order if you request one before an order is placed. Our estimates will be based on our current costs of production. An estimate is valid for 28 days, although we may amend any estimate if it is necessary to do so.
It is the customer’s sole responsibility to request an estimate before placing an order. Furthermore, to confirm any price before placing an order and to eliminate any doubts you may have over the accuracy of any price (including prices printed in any literature or published electronically).
However, if a price has not been expressly agreed at or before the time an order is placed we shall charge you in accordance with our normal pricing structure and you shall not subsequently dispute the price charged. Estimates that we supply are not offers to enter into legally binding contracts, but are merely indications of the price that we charge to undertake a particular type of work. After an estimate has been disclosed, we will send you a purchase order. If you agree with the estimate then your signature will be required on the purchase order paperwork. On return of this paperwork to Smart Management UK Ltd., we will be able to begin work with immediate effect.
It is your sole responsibility to ensure that the specification or description of the product or service that you are ordering is correct and will meet your requirements. We are not responsible for checking whether or not the product or service that you have asked us to supply is suitable for your own purposes.

(4) Payment and late payment interest

The customer must pay all amounts by the date that they become due. You must make regular progress or stage payments on any order that takes longer than 28 days to complete; pay interest on amounts that are unpaid by their due date at a simple interest rate at 2% above the HSBC base rate at the time and calculated on a daily basis from the date of dispatch of the goods or the date on which the goods were made available for collection. At our sole discretion, we may insist that you pay a deposit or the full amount when an order is placed or at some time before the goods are delivered or collected.
You shall indemnify us for the costs involved in pursuing any legal or debt collection actions against you including taking the advice of a barrister, charges made by a debt recovery agency, or time spent and costs incurred by our employees and/or directors in preparing and pursuing legal action to recover monies owed by you or any third party. You also agree that any legal proceedings shall be dealt with by an appropriate Court of Law whose geographical location shall be of our choosing and which shall be within be within the locality of one of our offices or places of business.

(5) Tax

Smart Management UK Ltd. reserves the right to charge the amount of any value added tax payable, whether or not included on the estimate or invoice.

(6) Delivery

These services rely on the customer not delaying the progress of the order in any way (which delays include but are not limited to the customer not returning proofs by the time specified by Smart or failing to make payment by the time such payment is due) (a “customer delay”). In the event of a customer delay the customer shall not be awarded a credit and the customer shall still be obliged to pay the premium charges but Smart shall not be bound to deliver within the guaranteed period.
Delivery of work by Smart shall be deemed to take place upon collection of the work by the customer (where the customer is obliged to collect the work) or (where Smart is obliged to deliver the work) actual delivery of the work to the customer by Smart. Where the customer is obliged to collect the work, customer’s failure to collect the work on the day on which Smart is contractually obliged to have it ready for collection shall be classed as a customer delay. Where Smart is obliged to deliver the work to the customer but the customer provides Smart with incomplete or incorrect delivery information or is not available to accept delivery, then provided that Smart has used reasonable endeavors to deliver the work to the customer, a failed delivery shall be classed as a customer delay.
Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days Smart shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
Risk of loss or damage to work completed by Smart shall pass to the customer on delivery. Notwithstanding delivery and the passing of risk in the work to the customer, ownership of and title to the work shall not pass to the customer and shall be retained by Smart until a payment has been received in full in respect of the work.
In the unlikely event that Smart deems it necessary to re-print work, the guaranteed period shall recommence from the time of Smart’s confirmation to the customer of its agreement to reprint the work.

(7) Cancellation of orders & returns

If you cancel an order after we have commenced work on it, you shall be charged the full order value or such lower amount as we may (in our sole discretion) determine.

Returns - If you are not satisfied with the products that you receive you must notify us with 7 days of receiving the goods to be eligible for a replacement/refund. Any problems reported after this time period Smart will not be liable for.

(8) Preliminary work

All work carried out, whether experimentally or otherwise, at customer’s request shall be chargeable.

(9) Proofs

Proofs of all work may be submitted for customer’s approval and Smart Management UK Ltd. shall incur no liability for any errors not corrected by the customer in proofs submitted. Additional charges shall be made for any extra proofs that are necessary as a result of alterations required by the customer. When style, type or layout is left to Smart Management UK Ltd’s. 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.

(10) Copyright

Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by Smart Management UK Ltd. shall vest in and belong to Smart Management UK Ltd. 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. The customer shall indemnify and hold Smart Management UK Ltd. 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 defense of such claim).

(11) Claims

Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Smart 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 Smart Management UK Ltd. 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 Smart Management UK Ltd. within 28 days of delivery. Smart Management UK Ltd. 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.

(12) Liability

Smart 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. Smart Management UK Ltd. shall not be liable for any loss arising from delay in transit not caused by Smart. Further, Smart 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 Smart in respect of any and all causes of action arising out of or in connection with the customer’s order and Smart performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall be limited to the sums paid to Smart 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.

(13) Customer’s property

The customer’s property and all property supplied to Smart Management UK Ltd. by or on behalf of the customer shall, while it is in the possession of the Smart Management UK Ltd. or in transit to or from the customer, are deemed to be at customer’s risk unless otherwise agreed and the customer should insure such property accordingly.
Where a customer fails to collect work within 20 working days from notification to the customer of completion of the work, Smart Management UK Ltd. 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).

(14) 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 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, Smart 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 Smart, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in Smart 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 Smart thinks fit and to apply the proceeds towards such debts.

(15) Illegal matter

Smart Management UK Ltd. is not 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.
The customer shall indemnify and hold Smart 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.

(16) Full colour Printing

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 and it is understood and accepted as reasonable that, Smart shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by Smart or another party) or any other materials supplied by the customer and the printed article the subject of the customer’s order.

(17) Computer files and viruses

You must ensure that:

Computer files supplied to us to be used in the production of artwork and/or printed work are suitable for the purpose for which they are intended, and that you ‘pre-flight’ and thoroughly check those files to ensure their suitability. Your lack of knowledge of file types and file formats etc is not sufficient reason for supplying computer files which are not suitable for the purpose intended;
We may charge you for any additional work which we deem necessary where copy, artwork or files are not suitable for the purpose intended, whether supplied to us directly by you or by a third-party on your behalf.
Any disks or files supplied are free from computer viruses and you shall ‘virus check’ all files before their supply to us. This applies whether the files are supplied on computer disk, tape, by direct data transfer (such as by ISDN link) or via the internet.

You will indemnify us against:

The cost of any loss of, damage to, and restoration of any of our data or computer systems caused by a virus, together with the costs of removing such virus(es);
Any claims, costs and expenses arising from the infection with such a virus, including any amounts paid on a lawyer or solicitor’s advice in the settlement of any claim (including with a third party to whom a virus may have spread).

(18) Websites

The web sites designed by Smart are done so at the exclusive direction of and based on information provided by each individual web site owner. The sole and entire responsibility for that same information rests with each individual web site owner. All content provided should be supplied in an understandable legible format. Smart reserves the right to request the content be re-supplied in an understandable, legible format.
Smart shall not be liable in any way whatsoever for:

Any damage of any kind (direct, indirect, consequential, incidental or punitive) which results from the use of, access to or inability to use the information contained in any web site which it has designed;
Any errors or omissions in the contents of any website which it has designed;
Any damages to or viruses that may infect a site visitor’s computer equipment, software, data or other property which result from a site visitor’s access to, use of or browsing in any site designed by Smart;
Any damages which result from the downloading of material, data, text, images, video or audio from any site designed by Smart;
Any content in any site linked to a site designed by Smart and any resulting damages from a site visitor’s access to any such linked site – site visitors link to any other such sites at their own risk;
Each individual web site owner reserves the exclusive right to alter its site content in any way, at any time and for any reason without prior notification carrying no liability for any consequences of such changes. Should Smart work to any directive from a site owner to change the site content then such work is undertaken on the clear understanding that no liability whatsoever relating to such changes is assigned to Smart;
Smart will not be responsible for any damages arising from or relating to the use of any web site created by or any goods or services provided by Smart, including web hosting and internet marketing services or obtained in any manner through or in connection with any web site. Smart makes no warranties of any kind, expressed or implied for the services it provides;
Smart disclaims any warranty or merchantability or fitness for a particular purpose. Without limiting the foregoing, Smart shall not be liable for loss of data resulting from delays, non delivery, wrong delivery, or any and all service interruptions caused directly or indirectly by Smart.

(19) Claims and Queries:

All claims and queries:

regarding the goods supplied (including shortages, errors etc) must be made by you in writing in a form specifically approved by us, and must be submitted to us within seven days of the date of delivery or collection;
regarding an invoice must be made by you within ten working days of invoice date, and queries regarding non-delivery must be made by you within five working days of the invoice date;
will not normally be entertained unless they are made within these time limits;
may only be made outside these time limits in instances where it is not possible for you to comply within the notice requirements provided that advice (where required) is given to us and the claim is made as soon as reasonably possible. The inability to check the goods supplied by reason of lack or insufficient manpower of suitably qualified or authorised personnel within your organisation is not a valid reason not to comply with these time limits.

If you have the right to reject any goods:

you must firstly obtain our written consent and then return those goods in their entirety to us at your expense within 5 working days;
returning goods without consent shall in no way extinguish or reduce your liability to us for full payment of the goods and for later payment interest.

We shall not be liable in respect of any claim unless the notification requirements above have been complied with. In addition, any claim or counterclaim made against us in a Court of Law must be commenced by you within six months of the date on which we provided a service to you, despatched goods to you or on which goods were made available for collection.

(20) Data Protection

By placing an order with Smart, the customer consents to its details being passed on to Smart for accounting and marketing purposes. The details will be kept by Smart even after the customer’s trading relationship with Smart has terminated. Smart 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 Smart feel may be of interest to customers.

(21) Force majeure

Smart 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 Smart elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

(22) 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.

(23) Law

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