Terms and Conditions
- The contract is law enforceable and not subject to cancellation. In event of impracticality by Cheap Takeaway Menus.com, then a full refund of any monies paid shall be made to the Advertiser.
- The Advertiser agrees, unless herein endorsed by Cheap Takeaway Menus.com's agent, to produce copy at the time of signing this Agreement, otherwise Cheap Takeaway Menus.com reserve the right to produce the advertisement in the manner and form it considers suitable.
- No Advertisers shall enjoy preferential position within/on the publication.
- The Advertiser shall indemnify Cheap Takeaway Menus.com against all claims in respect of any alleged infringement of copyright, trademark or design or in respect of any passing off or slander or title arising in consequence to the exhibition of the advertisements in pursuance of this Agreement.
- Cheap Takeaway Menus.com reserve the right to withhold, withdraw or refuse any advertisement before final publication.
- Cheap Takeaway Menus.com reserve the right to change the shape, size, title and location of the advertisement or the media used to display advertising matter.
- It is agreed and declared that this Agreement contains all terms and conditions between the parties hereto and Cheap Takeaway Menus.com have made no warranty (oral or otherwise) except as expressly stated herein, and it is further agreed and declared that no monopoly rights shall be enjoyed by the Advertiser unless endorsed on the Agreement and initialled by Cheap Takeaway Menus.com's agent.
- Where the business of the Advertiser is taken over by a new proprietor (or where his business ceases or the nature of the business changes) the Advertiser shall nevertheless remain fully liable under this Agreement, unless the new Proprietor notifies Cheap Takeaway Menus.com by recorded delivery of his intention to accept as his responsibility, the terms already agreed with Cheap Takeaway Menus.com by the Advertiser. Should, however, the new Proprietor default in the performance of this Agreement the Advertiser will remain liable for any loss sustained by Cheap Takeaway Menus.com.
- If due to any circumstances the venue in question ceases to operate, then the Advertiser shall only be liable for payment in respect of the proportion of the contract which has been honoured by Cheap Takeaway Menus.com.
- If payment of an instalment hereunder is not made on the due date then the whole of the balance outstanding under this Agreement shall immediately become due and payable, plus costs of collection. Interest is calculated monthly and charged on the total amount outstanding. The current rate of interest charged is 8% above base rate of Barclays Bank. Any proceedings of whatever nature in connection with or arising out of this Agreement shall be held at the Law Courts, The Quayside Newcastle -upon-Tyne, Tyne & Wear, NE1 3LA at the discretion of Cheap Takeaway Menus.com.
- If you break the terms of your agreement we may charge you up to £25 for any of the following:
- unpaid, returned or recalled bankers orders
- unpaid, returned or recalled cheques
- cancelled bankers orders
- letters sent to you as a result of your breach of this contract
- refunds resulting in the overpayment of bankers orders.
- If payment of an instalment hereunder is not made on the due date then Cheap Takeaway Menus.com have the right to withdraw the advertisers advert. The Advertiser shall nevertheless remain fully liable for the total contractual value outstanding under this agreement.
- No notice to Cheap Takeaway Menus.com or the client shall be binding, valid or effective unless sent by recorded delivery post to the registered office of Cheap Takeaway Menus.com or the address of the Client as set out overleaf (as the case may be).
- Estimates are based on Cheap Takeaway Menus.com current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
- Except in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, Cheap Takeaway Menus.com reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
- All work carried out, whether experimentally or otherwise, at customer's request shall be charged.
- A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
- If any change is considered as too major after the first proof has been delivered (for example an entire design change or altering the size of the menus required) will incur a £45 fee addable at our discretion.
- Proofs of all work may be submitted for customer's approval and Cheap Takeaway Menus.com shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customer's alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to Cheap Takeaway Menus.com's judgement, changes there from made by the customer shall be charged extra.
- Unless negotiated and agreed in writing, the copyright of General Artwork, Commissioned Artwork and Illustrations belong to PHDN. PHDN may use any artwork or printing produced by itself for the purposes of promoting itself. The customer shall be responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs, etc. The customer will indemnify Cheap Takeaway Menus.com and his agents from any claim arising thereof.
- Unless otherwise specifically requested in writing all work will carry our company imprint which will be positioned at our discretion. (a)For orders made on a Guaranteed Turnaround service - Should we fail to deliver within the agreed schedule (see also 21. Variations in quantity), a 'credit' will be awarded. The customer will still be obliged to pay in full for the order, including any premium, but will receive an additional 'credit' (redeemable against future orders within 6 months of issue) up to the value of the order. These services 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, Cheap Takeaway Menus.com will still make the premium surcharge, but will not be bound by any guarantee. 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. (b)Unless otherwise specified the price quoted is for collection of the work from Cheap Takeaway Menus.com or PHDN Production Hub. A charge may be made to cover any extra costs involved for delivery to a different address. (c)Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved. (d)Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days Cheap Takeaway Menus.com shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
- 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 (defined below) are not material to the contract. In order to maintain low prices by avoiding frivolous claims, no claim will be accepted in lieu of said immaterial shortage. For other variations a pro rata credit or 1.5x pro rata credit, redeemable against future orders will be awarded as defined below:
- Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Cheap Takeaway Menus.com 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 Cheap Takeaway Menus.com 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 Cheap Takeaway Menus.com within 28 days of delivery. Cheap Takeaway Menus.com 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.
- Cheap Takeaway Menus.com shall not be liable for any loss to the customer arising from delay in transit not caused by Cheap Takeaway Menus.com.
- Standing material - (a) Metal and other materials owned by PHDN and used by him in the production of plates, film-setting, negatives, positives and the like shall remain our exclusive property. Such items when supplied by the customer shall remain the customer's property. (b) Lithographic or together work may be effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged.
- Customer's property - (a) 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 Cheap Takeaway Menus.com by or on behalf of the customer shall while it is in the possession of Cheap Takeaway Menus.com or in transit to or from the customer be deemed to be at customer's risk unless otherwise agreed and the customer should insure accordingly. b) Cheap Takeaway Menus.com shall be entitled to make a reasonable charge for the storage of any customer's property left with Cheap Takeaway Menus.com before receipt of the order or after notification to the customer of completion of the work.
- Materials supplied by the customer - (a) Cheap Takeaway Menus.com may reject any paper, plates or other materials supplied or specified by the customer which appear to him 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 Cheap Takeaway Menus.com in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer. Where materials are so supplied or specified, Cheap Takeaway Menus.com will take every care to secure the best results, but 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.
- Credit terms - For invoices not settled within the agreed credit terms, Cheap Takeaway Menus.com reserves the right to charge interest on the overdue debt at 2% above the Barclays Bank base rate at the time and an administration fee to cover the debt recovery costs.
- 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, Cheap Takeaway Menus.com 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 him, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in his 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 he thinks fit and to apply the proceeds towards such debts.
- Illegal matter - (a) Cheap Takeaway Menus.com shall not be required to print any matter which in his opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights or any third party.(b) Cheap Takeaway Menus.com shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous 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.
- Periodical publications - 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. Nevertheless Cheap Takeaway Menus.com may terminate any such contract forthwith should any sum due there under remain unpaid.
- 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, Cheap Takeaway Menus.com shall not be required to guarantee an exact match in colour or texture between the customer's photograph, transparency, proof or electronic graphic file and the printed article.
- Force majeure - Cheap Takeaway Menus.com shall be under no liability if he shall be unable to carry out any provision of the contract 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 Cheap Takeaway Menus.com elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
- Consequential loss - Cheap Takeaway Menus.com accepts no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.
- Customers deposit or artwork fee is non-refundable once the final approval has been made by the client. This overturns the 100% design satisfaction money back guarantee.
- Cheaptakeawaymenus.com add the url www.cheaptakeawaymenus.com to all printed matter printed by Cheaptakeawaymenus.com. Removal of the url will incur a standard fee of £100.
- This Agreement shall in all respects be constructed as an English Contract subject to English Law.
|Quantities||No Credit Awarded||1.5x Pro Rata Credit||Pro Rata Credit|
|up to 1,000||up to 5,000||up to 20,000||above 20,000|
|Shortage up to 10%||Shortage up to 7%||Shortage up to 5%||Shortage up to 4%|
|21% to 25%||16% to 23%||13% to 21%||11% to 20%|
|11% to 20%||8% to 15%||6% to 12%||5% to 10%|