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1a) The terms and conditions set out below, shall apply without variation to every contract entered into by USB-Printing.co.uk and Discus Group Limited (Discus) for the sale of goods or provision of services unless a variation thereto is expressly agreed in writing by a director of Discus. These terms and conditions shall apply notwithstanding any inconsistency between them and the terms and conditions of any form of contract sent by the customer to Discus
1b) Discus’s advertising literature and any documents submitted with any quotation are intended only to give a general idea of Discus’s goods and may not be relied upon by the customer as a representation or warranty
1c) Discus’s employees are not authorised to make any representations concerning the goods and services unless such representations are confirmed by Discus in writing. In entering into the contract the customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed
2) Discus will endeavor to adhere to any delivery date agreed but does not guarantee that any goods will be delivered by such date and Discus shall not be liable for any loss or damage of any kind howsoever arising by reason of any failure on the part of Discus to deliver by such stated date. The customer agrees to provide a receipt for all deliveries of goods from Discus
3a) Discus will only consider any claim made by a customer for the supply of defective goods or for wrong delivery of which it has notice in writing from the customer within five days of the delivery of goods to the customer
3b) Discus will only consider any claim made by a customer for non-delivery of goods of which it has notice in writing from the customer within five days of the date of invoice
4a) Discus will not be responsible for any loss of or damage to goods after delivery and risk as distinct from property in them shall pass to the customer on delivery
4b) The property and title in any goods supplied by Discus to the customer shall not pass to the customer until the date when the customer has paid Discus all monies owing on any account
4c) If so required by Discus the customer shall segregate and store all goods delivered hereunder in such a way as they can be recognised as the property of Discus
4d) If the customer shall default in any obligation to Discus hereunder or under any other order or contract with Discus or if any order becomes terminable by Discus, Discus may:
i) At any time and without notice itself or by its employees or agents retake possession of the goods and shall be entitled for this purpose freely to enter upon the premises occupied by or under the control of the customer and/or
ii) Direct the customer to account to it for the full amount of the proceeds of sale by the customer of the goods and/or
iii) Terminate the authority of the customer to sell or deal with the goods
5a) The customer shall make payment to Discus for all goods (including value added tax) within terms stated on the face of the invoice
5b) Failure by the customer to make payment hereunder by the due date shall entitle Discus at its option to cancel or suspend all trading arrangements without prejudice to any other rights Discus may have against the customer
5c) Any costs incurred in collecting the amount of the invoice, whether by legal proceedings or otherwise shall be recoverable on an indemnity basis as part of the debt
5d) Discus shall be entitled at its discretion to charge interest on any overdue amount at a rate equal to 3½% per month above the base rate of Barclays Bank PLC from time to time in force, before as well as after any judgment
6a) The price of goods sold and purchased and services supplied hereunder shall be agreed in writing before any order is accepted by Discus
6b) All invoices must be paid in full without deduction or set off
6c) Any changes to a project once it has commenced will be charged to the customer in full
7a) All materials (including dubbing masters, packaging elements, library/slip cases, recorded tape stock and any printed matter) supplied by the customer to Discus in respect of an order (“Customer Materials”) will be returned when all monies owing on any account have been paid
7b) While Discus expects to take reasonable care of Customer Materials in its possession, Discus shall limit its liability for loss or damage to Customer Materials to the replacement with a similar quantity of unrecorded raw stock or blank tape for the quantity of material which is lost, damaged or destroyed. Except for such replacement, Discus shall have no further liability regarding the loss, damage or destruction of Customer Materials. It Customer Materials include valuable or original items the customer is advised to insure accordingly and keep safety masters where appropriate
7c) Storage of Customer Materials will be free of charge until 14 days after the delivery date of the relevant order. The customer agrees to pay Discus’s storage charges at its current rates for all Customer Materials stored after that date. Discus may store all Customer Materials at any place Discus deems fit
7d) Discus shall be entitled to inspect the Customer Materials and if they are unsuitable for the methods used by Discus or of a standard considered unacceptable Discus may refuse to meet any order to which the Customer Materials relate
8a) Discus accepts no liability whatsoever for any loss or damage whether consequential or direct and whether suffered by or occasioned to the customer, the employees or agents of any customer or third party which may arise after delivery of the goods or services to the customer and reasonable down time for maintenance and repair of systems must be expected
8b) Discus’s liability for materially defective goods or services shall be limited to replacing the goods or services or at Discus’s election, giving credit providing they were purchased directly from Discus and are returned promptly for verification. No credit or replacement will be given unless and until goods so returned have been verified as being materially defective. Discus reserve the right to charge the customer the costs incurred in cases where returned goods prove not to be materially defective. Discus will not accept any liability for damage as a result of wear and tear or damage as a result of misuse
9a) The customer warrants that it has the right to instruct Discus to carry out the customer’s orders and that any video materials delivered to Discus shall contain nothing obscene, blasphemous or otherwise unlawful and that the carrying out of the customer’s orders by Discus will not infringe the, trademark, service mark, copyright, moral right or any other right of any third party
9b) The customer warrants that they take full responsibility for checking the content of materials supplied and accept Discus will not be held liable for errors or omissions made by the customer
9c) The customer shall indemnify Discus against all losses and all actions, claims, proceedings costs and damages (including any damages or compensation paid by Discus on the advice of its legal advisors to compromise or settle any claim) and all legal costs and other expenses arising out of any breach of the warranty set out in sub-clause 9a) or out of any claim by a third party based on any facts which if substantiated would constitute such a breach
10) These terms and conditions shall be governed by and construed according to English law