Agreements & Licences
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Terms & Conditions
Click here to see all the w3p terms and conditions, the below relate directly to this website.
1. w3p
w3p is owned and operated by Grafenia Operations Limited a company registered in England and Wales (registered
number 02728004) whose registered office address is at Third Avenue, The Village, Trafford Park, Manchester M17 1FG
("w3p"). VAT Registration No. GB764 5390 08. The particulars of ownership can be found via the w3p website at:
www.w3p.com (the "Website").
2. Price Variation
Price estimates are based on w3p's current costs of production and, unless otherwise agreed, are subject to amendment
on or at any time after acceptance, where such amendment is required in order to meet any rise or fall in such costs.
3. Tax
w3p reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or
invoice.
4. Preliminary Work
All work carried out, whether experimentally or otherwise, at customer's request shall be chargeable.
5. Copy
Where any additional work of whatever nature is necessary as a result of copy supplied by a customer not being clear and/or
legible, w3p shall be entitled to make additional charges on a time and materials basis to cover such additional work.
6. Proofs
Proofs of all work may be submitted for customer's approval and w3p 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. When style, type or layout is left to w3p'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.
7. 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 w3p shall vest in and belong to w3p. w3p may use
any artwork or printing produced by itself for the purposes of promoting itself. 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 ("Materials") prior to instructing w3p to reproduce the same. The customer shall indemnify and hold
w3p 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 defence of such claim) that the reproduction of the Materials by w3p infringes the intellectual
property or other rights of any third party or misuses the confidential information of a third party.
All design, text, illustrations, graphics, photographs, diagrams, drawings, logos and the selection and arrangement thereof, and
all source code and all other material content of any Website owned, controlled or operated by w3p and w3p's
Buying Guide and w3p's Marketing Collateral are the intellectual property of w3p or its content providers and as
between w3p and the customer all intellectual property rights (including all copyright) arising out of or connected with
such content shall belong to w3p. No reproduction of any part is allowed without written permission.
8. Company Imprint
Unless otherwise specifically requested in writing any work may carry the w3p imprint which will be positioned at
w3p's discretion. This will be made clear on any proof, prior to approval.
9. Delivery & Payment
Turnaround is measured in Working Days, defined as days on which the clearing banks in the City of London are open for normal
business. For orders made on a Guaranteed Turnaround service (being orders guaranteed to be ready within a certain period (the
"Guaranteed Period")), delivery (as more particularly described in paragraph 9(b) below) will be made no later than 10pm on the
last Working Day of the Guaranteed Period. Should w3p fail to deliver within the Guaranteed Period (see also paragraph
10 Variations in quantity), a service "credit" will be awarded up to the value of the order in question (redeemable against future
orders within 6 months of issue of the Credit in question) (the "Credit"). The customer will still be obliged to pay in full for the order
in respect of which delivery was late, including any of the sums charged specifically for the provision of the Guaranteed Turnaround
Service ("the Premium Charges"). Where the late delivery is as the result of the action or inaction of a third party, such as a carrier,
w3p, at their absolute discretion, may elect to extend the Turnaround by one Working Day and the customer shall not be
awarded a Credit during this time.
In addition:
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 w3p 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 w3p shall not be bound to deliver within the Guaranteed Period.
Delivery of work by w3p 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 w3p is obliged to deliver the work) actual delivery of the work to the customer by
w3p. Where the customer is obliged to collect the work, customer's failure to collect the work on the day on which
w3p is contractually obliged to have it ready for collection shall be classed as a Customer Delay. Where w3p is
obliged to deliver the work to the customer but the customer provides w3p with incomplete or incorrect delivery
information or is not available to accept delivery, then provided that the w3p has used reasonable endeavours to deliver
the work to the customer, a failed delivery shall be classed as a Customer Delay.
Unless otherwise specified the price quoted is for collection of the work from the w3p Production Hub at Eighth Street,
Trafford Park, Manchester M17 1FG. A charge may be made to cover any extra costs involved for delivery to a different address.
Should expedited delivery be agreed w3p shall be entitled to make additional charges on a time and materials basis to
cover any overtime or any other additional costs involved, including without limitation, the cost of couriers or special delivery post.
Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days or more
w3p shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs
including storage.
Risk of, loss of, or damage to work completed by w3p 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 w3p until w3p has received payment in full in respect of the work.
In the unlikely event that w3p deems it necessary to re-print work, the Guaranteed Period shall recommence from the
time of w3p'w confirmation to the customer of its agreement to reprint the work.
10. Variations In Quantity
Every endeavour will be made to deliver the correct quantity ordered. However some variation is inherent in the print process and
it is understood and accepted as reasonable that minor variations are immaterial and that w3p shall have no liability in
respect of such variations. For other variations w3p's entire liability will be to award a Credit. The Customer's sole remedy
in respect of shortages above these quantities ("Additional Shortages") will be a re-print of the entire shortage quantity of the
relevant work, to be undertaken by w3p within a reasonable period of time. The Customer shall not be entitled to a Credit
in respect of an Additional Shortage.
11. Claims
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to w3p and the
carrier within three clear 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 w3p 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 w3p within 28 days of delivery.
w3p 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
w3p 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. w3p shall not be liable for any loss arising from delay in transit not caused by w3p. Further,
w3p 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 w3p in respect of any and all causes of action
arising out of or in connection with the customer's order and w3p's performance of services pursuant to such order
(whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise)
shall (subject to the provisions of paragraph 10) be limited to the sums paid to w3p 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. Standing Material
Metal and other materials owned by and used by it in the production of plates, film-setting, negatives, positives and the like shall
remain the exclusive property of w3p. Such items when supplied by the customer shall remain the customer's property.
Lithographic, together work or other materials supplied by the customer may be effaced or destroyed immediately after the order
is executed unless written arrangements are made to the contrary. In the latter event, w3p shall be entitled to make
additional charges.
14. Customer's Property
The customer's property and all property supplied to w3p by or on behalf of the customer shall while it is in the
possession of w3p or in transit to or from the customer be 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,
w3p 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).
15. Materials Supplied by the Customer
w3p may reject any paper, plates or other materials supplied or specified by the customer which it considers to be
unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the
whole or any part of such additional cost could have been avoided but for unreasonable delay by w3p in ascertaining the
unsuitability of the materials then that amount shall not be charged to the customer.
w3p shall have no liability in respect of any work being of less than reasonably satisfactory quality as a result of defects in
or the unsuitability of materials supplied or specified by the customer.
w3p shall assume that quantities of materials supplied shall be adequate to cover normal spoilage accordingly if the
quantities of materials supplied are not sufficient to cover normal spoilage ("an Insufficient Supply") then w3p shall have
no liability for any shortfall in quantity to the extent that such shortfall arises as a result of such Insufficient Supply.
16. Credit Terms and Payment
For invoices not settled within the agreed credit terms or for payments returned unpaid (such as cheques, credit cards or similar),
w3p reserves the right to charge interest on the overdue debt at 2% above the HSBC base rate at the time and an
administration fee to cover its debt recovery costs and any other costs relating to the collection of payment.
17. 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 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 it, w3p 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
w3p, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in
w3p's 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 w3p thinks fit and to apply the proceeds towards such debts.
18. Illegal Matter
w3p shall not be required to print any matter which in its opinion is or may be of an illegal or libellous nature or an
infringement of the proprietary or other rights or any third party.
Without prejudice to paragraph 7 above, the customer shall indemnify and hold w3p 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.
19. Periodical Publications
Save in respect of a material breach and/or in the event that a claim arises under any indemnity set out above a contract for the
printing of a periodical publication may not be terminated by either party unless 13 weeks notice in writing is given in the case of
periodicals produced monthly or more frequently or 26 weeks notice in writing is given in the case of other periodicals. Notice may
be given at any time but wherever possible should be given after completion of work on any one issue. Without prejudice to the
foregoing, w3p may terminate any such contract forthwith should any sum due thereunder remain unpaid for a period of
7 or more days from its due date.
20. 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, w3p 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 w3p or other party) or any other materials supplied by the customer and the printed
article the subject of the customer's order.
Furthermore the customer acknowledges and accepts that visual representations displayed on computer screens vary significantly
and w3p cannot guarantee that the colours of completed work will match those displayed on your computer screen
during the ordering process.
21. Data Protection
By placing an order with w3p, the customer consents to its details being passed on to w3p for accounting and
marketing purposes. The details will be kept by w3p even after the customer's trading relationship with w3p has
terminated. w3p 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 w3p consider may be of interest to
customers. You may opt out at any time by Contacting Us.
22. Force Majeure
w3p 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 w3p elect to terminate the contract and pay for work done and materials used, but subject thereto
shall otherwise accept delivery when available.
23. 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.
24. 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 w3p and the customer into which these terms are incorporated.