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 Definition of Terms
- ‘Conditions’- means the standard terms and conditions for the sale and supply of goods and services set out in this document.
- ‘Company’ – means the party ‘DPI Solutions Ltd’ providing the goods or services under these terms and conditions.
- ‘Buyer’ – means ‘You’ the party contracting with The Company to acquire the goods and services supplied under these terms and conditions.
- ‘Goods and Services’ – means any physical product(s) and intangible service(s) offered by The Company and specified in the order.
- ‘Order’ – means the order for the sale and supply of the goods and services entered into between The Company and The Buyer.
- ‘Writing’ – includes letter (whether posted or delivered) and/or email.
- ‘Work’ – means all goods (by the way of intermediate or finished product) and services supplied by The Company to The Buyer.
- ‘Electronic File’ – means any text, illustration or other matter supplied or produced by either Party in digitised form on disc, through a modem or by any other communication link.
- ‘Standing Material’ – means all the products i.e. metal, film and other materials owned by the company and used by them in the production of type, plates, film-setting, negatives, positives.
- ‘Force Majeure’ – means any unforeseen events beyond the control of that party which prevents it from performing its obligations under the contract.
- ‘Insolvency’ – means The Buyer having insufficient assets to meet all debts, or being unable to pay debts as and when they are due.
The Company reserves the right to alter any details of products advertised without notice. While every effort is made to describe goods accurately in the advertisement no warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss.
 Pricing & Contracts
- Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the law or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today’s current production and material costs and estimates are based on the 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.
- Value Added Tax at the current prevailing rate may have to be added to the price in line with the current policy of H M Customs and Excise.
- Regarding VAT on the printed material, the rules in the UK are quite complicated. HM Revenue and Customs classifies most printed items, such as postcards, posters and promotional stationary, at its current rate, but there are some notable exceptions. In general, flat or folded leaflets & flyers are VAT-free unless one of the following is applicable:
- If an area of your leaflet is designed to be written on by customers it is likely to be classed at the standard rate for VAT.
- Mentioning a discount promotion, such as “10% off when you show this flyer”, means that the leaflet is classified as a voucher and VAT must added to the value of the goods.
- Mentioning “free entry with this flyer” results in the flyer being classified as a ticket so VAT must be added.
- Leaflets designed to be shown in shop windows are classified as posters and become eligible for VAT.
- Finally, the use of thick paper or card, or laminating the leaflet results in HM Revenue and Customs determining that the leaflet is designed to be retained by the recipient, resulting in it being classified at the standard rate of VAT.
 Payment Terms & Types
- Terms of Payment – goods and services are sold on a payment with order basis. The Company does not sell goods or services on credit unless specified in writing.
- Payment Types – The following payment types are accepted by The Company:
- (i) All Major Debit / Credit Cards excluding American Express.
- (iii) Online Bank Payment: DPI Solutions Ltd, HSBC Bank, Account Number: 42167328, Sort Code: 40 – 45 – 19
- (iv) All cheque payments to be made payable to The Company DPI Solutions Ltd (allow 3 – 5 working days for payment to clear)
- Late Payments and Surcharges: The Company reserves the right to charge a penalty on overdue invoices and an additional administration fee to cover the debt recovery costs. Any returned unpaid cheques will incur an administration fee of up to £30.00+vat.
- Credit Card Payments – All credit card payments are taken in good faith. Fraudulent usage of this facility will be immediately reported to the relevant authorities and will be taken to have broken all contract terms. Deliveries to addresses other than the card holder’s invoice address may be declined.
 Artwork & Printing
- Preliminary Work – All work carried out (including non-exhaustively design, artwork, colour matching), whether experimentally or otherwise at Buyers request, shall be charged.
- Copy – A charge may be applicable to cover any additional work involved where artwork / copy supplied is not clear and legible or electronic files supplied are damaged or otherwise unsuitable.
- Artwork Reproduction – Every effort will be made to obtain the best possible colour reproduction on Buyer’s work but because of the nature of the processes involved, The Company shall not be required to guarantee an exact match in colour or texture between The Buyer’s photograph, transparency, proof or electronic graphic file and the printed article.
- Proofs – Proofs of all work may be submitted for Buyer’s approval and The Company shall incur no liability for any errors not corrected by The Buyer in proofs so submitted. Buyer’s alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to The Company’s judgment, changes there from made by The Buyer shall be charged extra.
Where The Buyer specifically waives any requirement to examine proofs The Company is indemnified by The Buyer against any and all errors in the finished Work.
Due to differences in equipment, paper, inks and other conditions between colour proofing and production runs, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable unless otherwise agreed in writing.
- Full Colour Printing – All reasonable efforts shall be made to obtain the best possible colour reproduction on Buyer’s work but variation is inherent in the print process and it is understood and accepted as reasonable and The Company shall not be required to guarantee an exact match in colour or texture between the Buyer’s photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by The Company or other party) or any other materials supplied by The Buyer and the printed article the subject of The Buyer’s order.
- Variations in Quantity – Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5 per cent for work being allowed for overs or unders the same to be charged or deducted, unless otherwise agreed in writing.
- Paper Variance – Paper weights listed on our product pages are guaranteed but due to circumstances beyond our control, such as stocks held by the paper mills, paper brands can vary. In the event of a particular brand of paper being discontinued we will endeavour to find a suitable replacement.
- Company Imprint – Unless otherwise specifically requested in writing all work will carry The Company imprint which will be positioned at our discretion.
Every effort will be made to deliver on time, but any delivery day specified is a best estimate and The Company accepts no liability for any loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the prevailing rates applying at the date of such delivery.
Unless otherwise agreed in writing, (in which case an extra charge maybe be made) delivery will be to kerbside at The Buyers address and The Buyer will make arrangements for off-loading and for any additional transportation to its storage facility.
Special urgent deliveries can often be arranged but will usually be subject to additional charges, which will be charged to The Buyer at current commercial rates. All deliveries unless specified in writing are to be made to one UK mainland address.
The risk in the goods shall pass to The Buyer on delivery. All goods delivered or not, remain The Company’s until funds have cleared.
 Materials Supplied or Specified by The Buyer
The Company may reject any paper or other materials supplied or specified by The Buyer which appear to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged. Where materials are so supplied or specified, The Company 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.
 Standing Material
- Metal and other materials owned and used by in the production of plates, film-setting, negatives, positives and the like shall remain the exclusive property of The Company. Such items when supplied by The Buyer shall remain The Buyer’s property.
- Lithographic, together work or other materials supplied by The Buyer may be effaced or destroyed immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, The Company shall be entitled to make additional charges.
- Where materials are so supplied or specified, and The Company so advises The Buyer, and the Buyer instructs The Company in writing to proceed anyway, The Company will use reasonable endeavours to secure the best results, but shall have no liability for the quality of the end-product(s).
 Buyers Property
Except in the case of a Buyer who is not contracting in the course of a business or holding himself out as doing so, The Buyer’s property and all property supplied to The Company by or on behalf of The Buyer shall while it is in the possession of The Company or in transit to or from The Buyer be deemed to be at Buyer’s risk unless otherwise agreed and The Buyer should insure accordingly.
The Company shall be entitled to make a reasonable charge for the storage of any of The Buyer’s property left with The Company before receipt of the order or after notification to The Buyer of completion of the work.
 Third Party
The Company has no control over the production of artwork supplied by The Buyer and or Their Agents; the guide produced by The Company is a basic guide only and in no way provides an exhaustive or guaranteed result. Where The Buyer or Their Agents supply artwork for print on disk/CD or via any other electronic means this is done entirely at The Buyers own risk The Company cannot accept responsibility for the quality or accuracy of the printed product.
 Ownership of 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 The Company shall vest in and remain the property of The Company. Any design where a Third Party has to be credited with copyright will remain the property of the Third Party with all rights reserved. The Buyer shall be responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs etc. The Buyer will indemnify The Company and their agents from any claim arising thereof.
- In situations where The Buyer provides text, images, animations, layouts or any other content for their works they are legally responsible for ensuring that material does not infringe copyright for any materials provided by The Buyer.
- On occasions The Company may have to purchase images under license from stock image suppliers for use on Buyers works. The licence only usually allows the purchased images to be used on the material permitted so and may not permit them to be used in any publicity material. The Buyer is legally responsible for ensuring that this does not happen.
- The Company may use any artwork or printing produced by itself for the purposes of promoting itself.
- Advice of damage, delay or loss of goods in transit or of non-delivery must be given in writing to The Company and the carrier within 3 clear days of delivery (or, in the case of non-delivery, within 3 days of notification of despatch of the goods) and any claim in respect thereof must be made in writing to The Company and the carrier within 7 clear days of delivery (or, in the case of non-delivery, within 7 days of notification of despatch). All other claims must be made in writing to The Company within 14 days of delivery. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where The Buyer proves that:
- (i) it was not possible to comply with the requirements and
- (ii) the claim was made as soon as reasonably possible.
- If the Work is defective so that The Buyer may in law reject it, rejection must take place within 7 days of delivery of the goods, failing which The Buyer will be deemed to have accepted the Work.
- In the event of all or any claims or rejections The Company reserves the right to inspect the Work within 7 days of the claim or rejection being notified.
 Exclusion of Liability
- To the maximum extent permitted by law where work is defective for any reason, including negligence, The Company’s liability (if any) shall be limited to rectifying such defect, or crediting its value against any invoice raised in respect of the work.
- Where The Company performs its obligations to rectify defective work under this condition The Company shall not be liable for indirect loss, consequential loss or third party claims occasioned by defective work and The Buyer shall not be entitled to any further claim in respect of the work nor shall The Buyer be entitled to repudiate the contract, refuse to pay for the work or cancel further deliveries.
- Defective work must be returned to The Company before replacement or credits can be issued. If the subject work is not available to The Company, The Company will hold that The Buyer has accepted the work and no credits or replacement work will be provided.
- The Company shall not be liable for indirect loss, consequential loss or third party claims occasioned by delay in completing the work or for any loss to The Buyer arising from delay in transit, whether as a result of The Company’s negligence or otherwise.
- Where The Company offers to replace defective work The Buyer must accept such an offer unless he can show clear cause for refusing so to do. If the Buyer opts to have the work re-done by any third party without reference to The Company, The Buyer automatically revokes his right to any remedy from The Company, including but not exclusively the right to a credit in respect of Work done by The Company.
- Where the work will be forwarded by or on behalf of The Buyer to a third party for further processing The Buyer will be deemed to have inspected and approved the work prior to forwarding and The Company accepts no liability for claims arising subsequent to the third party’s processing.
- The Company reserves the right to reject any work forwarded to him after initial processing by a third party as soon as is reasonably practicable without processing the work any further. Should The Buyer require The Company notwithstanding to continue, then The Company is only obliged to do so after confirmation from The Buyer in writing.
Without prejudice to other remedies, if The Buyer becomes insolvent, The Company shall have the right not to proceed further with the contract or any other work for The Buyer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for The Buyer, such charge to be an immediate debt due to him. Any unpaid invoices shall become immediately due for payment.
 General Lien
Without prejudice to other remedies, in respect of all unpaid debts due from The Buyer, The Company shall have a general lien on all goods and property of or provided by The Buyer 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 as agent for The Buyer in such manner and at such price as he thinks fit and to apply the proceeds towards such debts, and shall when accounting to The Buyer for any balance remaining be discharged from all liability in respect of such goods or property.
 Illegal Matter
- The Company shall not be required to print any matter which in their opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights or any Third Party.
- The Company shall be indemnified by The Buyer 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 or designed for The Buyer or any artwork supplied by The Buyer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
- The Company do not accept any liability on requesting copyrights for any materials that may have patents or copyrights on them. It is The Buyer’s sole responsibility to gain copyright or patents for these materials.
 Periodical Publication
A contract for a printing of a periodical publication may not be terminated by other party unless 13 weeks notice in writing is given in the case of periodicals produces 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 wherever possible should be given after completion of work on any one issue. Nevertheless The Company may terminated any such contracts form with should any some due there under remain unpaid.
 Force Majeure
The Company shall be under no liability if 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 Buyer may provide written notice to The Company electing to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
Order cancellation requests must be made to us in writing before we are able to process a refund. Any costs incurred for work already carried out up to date of cancellation request will also be chargeable and deducted before any refund is made to The Buyer. Any refunds made will be subject to an admin fee of £15+vat.
 Data Protection
By placing an order with The Company, The Buyer consents to its details being passed on to PDC (programme delivery control) for accounting and marketing purposes. The details will be kept by PDC even after The Buyer’s trading relationship with The Company has terminated. The Company may use The Buyer’s personal data to inform The Buyer’s know about goods and services similar to the goods or services provided previously and any others matters that The Company thinks may be of interest to The Buyer.
Nothing in these Terms shall affect the rights of Consumers.
 Interpretation Law
- Variation to Terms and Conditions – These Terms and Conditions may be amended from time to time.
- Law – These conditions and all other express terms of the contract shall be governed and construed in accordance with the Laws of England.