1.1. These terms and conditions apply to Customers with whom no other detailed contracts have been concluded.
2. Offer and contract
2.1. All orders must be placed in a written form (e-mail). In the case of a complaint, any verbal agreements will not be honoured.
2.2 The order should precisely specify the type of the materials, required resolutions and print technology (digital, solvent, UV), precise size of the printout, the number of copies and the payment and delivery terms agreed with the Sales Office.
2.3 If the Customer decides to introduce any changes after the order has been placed and confirmed and it is necessary to make new printouts (including the proofs) any costs (including also costs of machine downtime) will be paid by the Customer.
3. Printing plates, designs, proofs and their costs
3.1 Costs of designs, proofs and other similar preliminary work made at the explicit request of the Customer will be added to the invoice, even if not officially ordered.
3.2 Upon the completion of the order ARW Focus keeps/archives the materials delivered by the Customer for 4 weeks. After this time ARW Focus is not liable for the said materials. This provision applies also to CD discs, designs saved on the FTP server, materials provided by the Customer as well as all the work, which has not been collected on time.
3.3 Production is carried out on the basis of a specification provided by the Customer with the order. ARW Focus does not have to express any opinion about the work ordered by the Customer. ARW Focus is not liable for any mistakes in the designs provided by the Customer, including spelling mistakes, wrong dimensions or wrong colours.
3.4 When ARW Focus prints on materials provided by the Customer, ARW Focus is not liable for the quality of the materials or any smudges of dirt or damage during printing, which is attributable to the bad quality of the media provided by the Customer. In the aforementioned situation ARW Focus will immediately stop the printing and inform the Customer of the problem(s).
3.5 The Customer agrees to indemnify, defend and hold ARW Focus harmless from and against any claims for any infringement of third party rights by the content of the materials provided by the Customer. The Customer shall exclude ARW Focus from any action connected with third party claims for damages connected with the infringement of their rights and will not hold ARW Focus liable for the content of the prints made from such materials.
3.6 In exceptional situations (e.g. sponsored prints) or with the consent of the Customer ARW Focus is authorized to print its logo on the product made for the Customer.
3.7 ARW Focus shall not be held liable if the use of the materials provided to it by the Customer results in claims for damages by third parties. Should such claims for damages be made, the Customer shall indemnify and hold ARW Focus harmless against them.
3.8 The Customer must approve the proofs. ARW Focus will not be held liable for any mistakes overlooked by the Customer. Any changes communicated by phone must be confirmed in writing. In the case when the Customer does not request proofs, ARW Focus shall not be held liable for any deviations from the colours required by the Customer.
4. Delivery terms, postponement of delivery terms, inability to deliver
4.1 Information about order completion dates and any information about the files and production is provided by the staff of ARW Focus Sales Office.
4.2 Order delivery time starts when its details have been finally agreed, the proofs have been approved and when all the required materials have been provided. The delivery time will be extended by the time during which the Customer was in default or continued to change the scope of the order.
4.3 The order delivery time is extended in case of force majeure circumstances, which appeared after the conclusion of the contract and which are beyond the control of ARW Focus. The aforementioned provision also applies to the situation in which such circumstances have arisen through the fault of ARW Focus suppliers. ARW Focus will immediately inform the Customer of such circumstances and will define the quickest possible time for the completion of the order halted by the aforementioned circumstances.
4.4 Damages for the delay attributable to ARW Focus will not be higher than 10% of the incomplete order value.
5. Shipment and assumption of risk
5.1 ARW Focus will ship and insure the printed products during transportation only at the explicit request and expense of the Customer.
5.2 If shipment is delayed at the request or through the fault of the Customer, the printed products will be stored at the expense and risk of the Customer.
5.3 The risk of accidental loss of the printed products will pass to the Customer when the products have been surrendered to the forwarding agent or carrier.
6. Prices – payment
6.1 Prices quoted in ARW Focus price list are exclusive of shipment costs, any work of graphic artists and VAT. They are approximate only. The final cost of the order is determined by the sales staff.
6.2 ARW Focus adds statutory interest to any delayed payment.
6.3 When the Customer has not paid for the previous order(s) or does not pay the agreed advance, ARW Focus has the right to stop or terminate the order and refuse to release the printed products already made.
7. Complaints for defects or bad quality and guarantee
7.1 Immediately after receipt of the products the Customer checks their number, defects/shortages, features/quality of the guaranteed properties. Any obvious shortages must be notified to the Manufacturer within 48 hours in writing.
7.2 The Customer must make the claimed product available to the Manufacturer in order to confirm the defect.
7.3 The complaint can be admitted only if the claimed product is returned within 7 days from its manufacture.
7.4 If the complaint is admitted, the Manufacturer can reduce the price or deliver a product free from any defects.
7.5 If the Customer has received a damaged shipment, the Customer must make a shipping damage report and have it signed by the carrier. Failure to provide a shipping damage report forfeits the Customer’s right to claim damages.
7.6 The Customer cannot make a complaint about the entire shipment if only a part of the products is missing.
7.7 In the case of colour prints made in all printing techniques minor deviations from the original cannot be claimed. The above provision also applies to the comparison between proofs and the printing runs.
7.8 The Manufacturer will not be held liable for the quality of the materials provided by the Customer if asked to print on them.
8. Limitation of civil liability
8.1 The Customer will be held liable if the order has infringed on any rights of any and all third persons. The Customer shall indemnify and hold the Manufacturer harmless against any claims for any such infringement of any third party rights.
8.2 The Manufacturer will not be held liable for any defective deliveries or services made by any other contractors unless it has been proven to the Manufacturer that he has failed to exercise due diligence during the selection of contractors.
9. Place, competent court and applicable law
9.1 The deliveries and payments will be made in the registered office of the Manufacturer. Any disputes arising between the parties will be settled by the District Court in Wrocław.