Acceptance of our quotation or the placing of an order shall constitute acceptance of these terms and conditions in their entirety unless specifically varied in writing by Handy Creations Holdings Ltd.
2. QUOTATIONS AND ESTIMATES
(a) Estimates are provided where the full final specifications of the job are unavailable and/or the source material is not available for our inspection.
Such estimates are subject to confirmation upon final specification and/or inspection of the source material.
(b) Quotations are based on current costs of materials and services and unless otherwise agreed in writing, are subject to amendment to meet any rise in such costs between the date of quotation and the date of execution, except that such quotation shall be held firm for 30 days.
(c) When quotations are based on specifications, roughs, layouts, samples or dummies or printed, typewritten or other good copy provided by the client any extra work or cost caused by any variation by the customer of his original instructions or specifications shall be additionally chargeable.
(d) Upon acceptance by the customer, Handy Creations Holdings Ltd’s written quotation shall be deemed to have interpreted customer’s instructions correctly.
3. GOODS AND SERVICES TAX (GST)
Quotations and Estimates are not plus GST which shall be entitled to add to the invoice at the rate specified by the law at the time of invoice.
Proofs of work may be submitted for customer’s approval prior to printing. No liability is accepted for any errors not corrected by the customer on proofs so submitted. Customer’s alterations, and additional proofs necessitated thereby, shall be charged as an extra.
5. DESIGN & ARTWORK
Design, Typography and Artwork are chargeable at quoted rates. Where designs, colours and/or typestyles are not specified all changes to work Submitted are chargeable. All authors corrections and amendments (AA’s) are chargeable.
6. OUTSIDE WORK
Where the performance of any contract with the customer requires us to obtain goods or services from a third party, the contract between us and the Customer shall incorporate, and shall be subject to, the conditions of supply of such goods and services and the customer shall bear the full cost of such goods or services.
7. SPECIAL PURCHASES
Dies, knives, engravings or other special materials necessarily purchased for the execution of the client’s order shall be chargeable, but remain the Property of Handy Creations Holdings Ltd.
(a) Our quotation includes delivery to the customers indicated address in the Nairobi metropolitan areas, and/or within 10 km radius of Nairobi. Costs of delivery outside of the above specifications shall be extra to the customer’s account.
(b) Unless we are advised of non-receipt or of short delivery within five days of our advice of shipment, customers are deemed to have received and accepted the work in correct quantity.
(c) Title in the goods is deemed to have passed to the customer upon delivery for all purposes except in respect to Handy Creations Holdings Ltd’s rights to a lien thereon for unpaid monies. Until the goods are paid for, customer holds the goods as bailee for Handy Creations Holdings Ltd.
(d) We don’t provide transit insurance in respect of all and handy creation is not bound to indemnify any customer in case of loss or damage of goods during transit.
(e) If customer requires, and we agree to a delivery date earlier than that quoted on or originally specified then all extra costs, including overtime and penalty rates, arising from such expenditure shall be chargeable as extra to customer’s account.
9. OVERS & UNDERS
Handy Creations Holdings Ltd makes every effort to deliver work in the precise quantity ordered but the customer agrees to make no claim for damages in the event that the quantity delivered is within 2 percent of the quantity specified except that credit shall be given for such shortfall and such excess shall be chargeable
All claims in respect of work, or the quality or quantity thereof shall be made in writing within 7 days of receipt by customer. In the absence of such claim timely-made the work shall be deemed to have been received, checked and accepted as fully complying with client’s specifications.
• Unless otherwise agreed in writing, all accounts are due and payable net 30days from date of invoice (or such terms as may have been agreed to in customer’s Credit agreement) and time shall be of essence.
• In the event that the customer orders suspension of work for more than 30 days, or cancellation of work in progress, all costs and material expenses incurred to date of suspension/cessation shall become due and payable immediately against presentation of invoice thereafter, together with a pro-rate allocation of profit margin.
12. OVERDUE AND DELINQUENT ACCOUNTS
Overdue accounts may, at our sole discretion, be levied a liquidated damages charge of 1.5% per month on the overdue balance, compounded daily, Plus $20 per month accounting and administration costs, applicable from the date payment was due. It is a further condition that we shall be entitled to recover in full, with interest calculated as above, any additional costs incurred to enforce collection of or recover such defaulting accounts. In the event of default in part of an account, the whole amount shall become immediately due and payable.
In the event of a default in excess of 3 months from due date of payment, and in the absence of written agreement by Handy Creations Holdings Ltd to a schedule or other scheme of repayment, the signatory hereto accepts and guarantees, on behalf of himself/herself and all Directors, individually and collectively, personal liability for the debt, and all accrued costs thereto.
13. PERIODICAL PUBLICATIONS AND CONTRACT QUOTATIONS
No agreement for the production and printing of periodical publications, or for the periodic production of other forms of printed matter pursuant to an agreement and/or a special scale of contract prices shall be terminated by either party unless 90 days written notice thereof is given and received, except that Handy Creations Holdings Ltd shall be free to terminate such agreement in the event the client defaults on payment. Where such agreement involves the commitment by Handy Creations Holdings Ltd to indent stocks, special stocks not otherwise broadly usable, or goods produced and held for the customer and charged upon delivery, customer agrees to purchase such excess stocks upon termination at cost plus rate of profit margin applicable to the agreement.
• Handy Creations Holdings Ltd shall not be liable for indirect or consequential loss, or for any loss to the customer arising from third party claims or delay of delivery.
• No warranty, other than statutory warranties, is given by Handy Creations Holdings Ltd, nor responsibility accepted to ensure that goods produced comply with the requirements of any legislation relating to the marking, and/or labelling and/or packaging of goods. Compliance with the requirements of such legislation shall be the sole responsibility of the buyer.
• The customer undertakes to indemnify Handy Creations Holdings Ltd from all claims by or from any third party which arise from the accuracy, permissibility under any state regulation or common law, as to the information, pictures, graphics or contents and/or breach of copyright in respect of any of the work printed to the customer’s instructions.
15. SUITABILITY OF GOODS OR WORK
• All work is undertaken to the client’s or client’s agents instructions. Subject to such statutory warranties as cannot validly be excluded, no warranty is given that the goods or work produced to such instructions are suitable in size, shape, capacity, quality or otherwise for the purpose for which goods are intended. Handy Creations Holdings Ltd shall not be liable for any damages resulting from the unsuitability of the goods, or the work.
Handy Creations Holdings Ltd will in the event that it is established that the goods produced or supplied were not of the agreed specification or instruction it shall reserve the first right to:
• The replacement of the goods or the supply of equivalent goods; or
• The repair of the goods; or
• The payment of the cost of replacing the goods or of acquiring equivalent goods; or
• The payment of the cost of having the goods repaired.
16. FORCE MAJEURE
Contracts and deliveries may be suspended or delayed in the event of any strike, lockout, electric black out, trade dispute, fire, tempest, breakdown, riot, theft, crime, civic disturbance, war, legislation, force majeure, the inability of the printer to procure essential materials due to any of the foregoing causes, or any other occurrence beyond our control preventing or retarding performance of the contract or delivery of work, and no responsibility shall attach to us for any delay, default, loss or damage resulting from any of the above causes, and the customer undertakes not to bring any claim for damages against us arising from any circumstance described herein.
17. GENERAL LIEN
In respect of all unpaid debts due from the customer, we shall have a general lien on all goods and property in our possession and shall be entitled on the expiration of 14 days ( or such other period as we may stipulate) notice to the customer, dispose of such goods or property as we think fit and to apply the proceeds towards satisfaction of such debts. Such lien shall further extend to all goods produced or supplied by us wheresoever’s located, for which payment has not been received, and we shall be entitled to enter client’s premises and repossess such work and dispose of it, applying the proceeds, towards satisfaction of the debt, without that such repossession and or disposition shall annul or diminish in any degree the obligation of the client with respect to remaining unpaid amounts, nor mitigate the rights and recourse of the printer under law for full recovery of said debts, and costs of collection thereof.
Notwithstanding that we may agree with respect to any specific transaction, either expressly or by implication, to waive one or more of these terms and conditions, such agreement shall in no way release the customer from the other terms, conditions, obligations or requirements set out herein.
19. STANDING MATERIAL
At Handy Creations Holdings Ltd discretion, all plates, type, cutting formes and other printing materials used in the production may be broken up and/or destroyed immediately on completion of work unless we are specifically requested in writing to keep it standing. All such matter kept standing shall remain the property of Handy Creations Holdings Ltd. If matter is kept standing, pursuant to such a request an additional charge may be made for storage, maintenance and any other necessary attention.
20. CUSTOMER’S PROPERTY AND MATERIAL SUPPLIED BY CUSTOMER
• Customer’s property and all property and material supplied to the printer by or on behalf of the customer (including goods in transit) are held at the customer’s risk and we accept no liability whatsoever for loss of, or damage to, such property or material unless otherwise agreed in writing.
• Unless otherwise agreed in writing we accept no responsibility for the insurance of such property or material. In the event of our agreeing in writing to insure such property or material, the cost of insurance premiums shall be borne by the customer.
• Unless the customer establishes that we have been negligent, the risk and cost of all spoilage of customer supplied materials shall be borne by the customer.
• Where the customer supplies materials, he shall supply an adequate quantity to provide for in-production run up and spoilage and Handy Creations Holdings Ltd shall assume that such materials are supplied in the necessary quantity. Handy Creations Holdings Ltd will not count such supply, or if required to do so, the cost of counting shall be chargeable.
• If property is left with Handy Creations Holdings Ltd without instructions and not reclaimed with 30 days of notice to remove, Handy Creations Holdings Ltd shall be free to dispose of such property and retain the proceeds, if any, to cover the costs of storage and handling.
• Where materials or equipment are supplied or specified by the customer we accept no responsibility for imperfections due to defects in or unsuitability of such materials or equipment.
• Any change or correction to any film, bromides, artwork and/or any printing surface supplied by the customer, necessary to ensure properly finished work, shall be chargeable.
21. OWNERSHIP OF DRAWINGS, BLOCKS, ENGRAVINGS, ELECTROTYPES, ETC
• Drawings, sketches, paintings, photographs, designs or typesettings furnished by us, dummies, models or print production devices made or procured, and negatives and positives remain the property of Handy Creations Holdings Ltd until paid for. Subject to Clause 21(a), such finished artwork, negatives and positives may, at the customer’s request, be stored on our premises.
• Blocks, engravings, stencils, dies, plates made from our original design, remain our exclusive property unless otherwise agreed upon in writing.
• Original designs, concepts, artwork and dummies supplied by Handy Creations Holdings Ltd on a speculative basis remain our property; shall not be used other than as agreed in written or without written consent. Handy Creations Holdings Ltd shall be entitled to compensation for unauthorized use of such materials.
22. ELECTRONIC STORAGE
The customer shall have no right or title to data stored by us on disks or any other electronic form of storage but if we agree to duplicate or transfer stored electronic or like media for use by a customer, or other parties authorized to obtain that data we shall have the right to charge for those services. Disks and tapes supplied by the customer and/or other authorized persons remain the property of the customer. Unless otherwise advised in writing we shall assume these disks and tapes to be duplicate copies of the original, which remains in the possession of the customer.
23. TERMS & CONDITIONS
These terms and conditions are subject to laws Kenya.
Handy Creations Holdings Ltd reserves the right to place its imprint on all printed material unless customer specifically requests otherwise.