This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.expressprint.com.my (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. Please note that we limit our liability at paragraph 15 below.
Should you wish to print a copy of these terms and conditions for future reference, please print out a copy.
1. Information about us
Our site is a site operated by ENTRESHIP SOL ENTERPRISE T/A www.expressprint.com.my (“we/us/our/Expressprint”). We are registered in Malaysia under Registration number 202003313792 and our registered office is at AL246 KAMPUNG BARU SUNGAI BULOH , 47000 SUNGAI BULOH, SELANGOR
2. Price variation
Price estimates are based on Expressprint current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance, where such amendment is required in order to meet any rise or fall in such costs.
Expressprint reserves the right to charge the amount of sales tax payable whether or not included on the estimate or invoice.
4. Preliminary work
All work carried out, whether experimentally or otherwise, at customer’s request shall be chargeable.
Where any additional work of whatever nature is necessary as a result of copy supplied by a customer not being clear and/or legible, we shall be entitled to make additional charges on a time and materials basis to cover such additional work.
Proofs of all work may be submitted for customer’s approval and Expressprint shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to Expressprint’s discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis.
You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Expressprint to produce the Products on your behalf.
8. Company imprint
Unless otherwise specifically requested in writing any work may carry the imprint which will be positioned at Expressprint discretion.
9. Delivery and payment
Turnaround is measured in Working Days, defined as days on which the clearing banks are open for normal business. For orders made on a Guaranteed Turnaround service (being orders guaranteed to be ready within a certain period (the “Guaranteed Period”)), delivery (as more particularly described in paragraph 9(b) below) will be made no later than 10pm on the last Working Day of the Guaranteed Period. Should we fail to deliver within the Guaranteed Period (see also paragraph 10 Variations in quantity), a service ‘credit’ will be awarded up to the value of the order in question (redeemable against future orders within 6 months of issue of the Credit in question) (the “Credit”). The customer will still be obliged to pay in full for the order in respect of which delivery was late, including any of the sums charged specifically for the provision of the Guaranteed Turnaround Service (“the Premium Charges”). In addition:
(a) These services rely on the customer not delaying the progress of the order in any way (which delays include but are not limited to the customer not returning proofs by the time specified by Expressprint or failing to make payment by the time such payment is due) (a “Customer Delay”). In the event of a Customer Delay the customer shall not be awarded a Credit and the customer shall still be obliged to pay the Premium Charges but Expressprint shall not be bound to deliver within the Guaranteed Period.
(b) Delivery of work by Expressprint shall be deemed to take place upon collection of the work by the customer (where the customer is obliged to collect the work) or (where Expressprint is obliged to deliver the work) actual delivery of the work to the customer by Expressprint. Where the customer is obliged to collect the work, customer’s failure to collect the work on the day on which Expressprint is contractually obliged to have it ready for collection shall be classed as a Customer Delay. Expressprint is obliged to deliver the work to the customer but the customer provides Expressprint with incomplete or incorrect delivery information or is not available to accept delivery, then provided that Expressprint has used reasonable endeavours to deliver the work to the customer, a failed delivery shall be classed as a Customer Delay.
(c) Unless otherwise specified the price quoted is for collection of the work by customer. A charge may be made to cover any extra costs involved for delivery to a different address.
(d) Should expedited delivery be agreed Expressprint shall be entitled to make additional charges on a time and materials basis to cover any overtime or any other additional costs involved, including without limitation, the cost of couriers or special delivery post.
(e) Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days or more Expressprint shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
(f) Risk of loss or damage to work completed by Expressprint shall pass to the customer on delivery. Notwithstanding delivery and the passing of risk in the work to the customer, ownership of and title to the work shall not pass to the customer and shall be retained by Expressprint until has received payment in full in respect of the work.
(g) In the unlikely event that Expressprint deems it necessary to re-print work, the Guaranteed Period shall recommence from the time of confirmation to the customer of its agreement to reprint the work.
10. Variations in quantity
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 are immaterial and that Expressprint shall have no liability in respect of such variations. For other variations Expressprint entire liability will be to award a Credit. The table below sets out the circumstances under which a Credit will be awarded: Quantities No Credit awarded Pro Rata Credit awarded 1.5x Pro Rata Credit awarded up to 1,000
|Quantities||No credit awarded||Refund calculated on a pro rata basis||Missing items replaced|
|25-100||Shortage of up to 5%||Shortage of between 6% to 20% inclusive||Shortage of 21% and over|
|101-1000||Shortage of up to 5%||Shortage of between 6% to 7% inclusive||Shortage of 8% and over|
|1001-5000||Shortage of up to 3%||Shortage of between 4% to 7% inclusive||Shortage of 8% and over|
|5001 & over||Shortage of up to 2%||Shortage of between 3% to 4% inclusive||Shortage of 5% and over|
* The Customer’s sole remedy in respect of shortages above these quantities (“Additional Shortages”) will be a re-print of the entire shortage quantity of the relevant work, to be undertaken by Expressprint within a reasonable period of time. The Customer shall not be entitled to a Credit in respect of an Additional Shortage.
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Expressprint 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 Expressprint 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 Expressprint within 28 days of delivery. Expressprint 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.
Expressprint gives no warranties or guarantees or makes any representations as to the merchantability or fitness for a particular purpose of any completed work the subject of a customer’s order and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded. Expressprint shall not be liable for any loss arising from delay in transit not caused by Expressprint. Further, Expressprint shall not be liable for any indirect, special or consequential damages, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data. The total aggregate liability of Expressprint in respect of any and all causes of action arising out of or in connection with the customer’s order and Expressprint’s performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall (subject to the provisions of paragraph 10) be limited to the sums paid to Expressprint by the customer in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.
13. Standing material
(a) Metal and other materials owned by and used by it in the production of plates, film-setting, negatives, positives and the like shall remain the exclusive property. Such items when supplied by the customer shall remain the customer’s property.
(b) Lithographic, together work or other materials supplied by the customer may be effaced or destroyed immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, Expressprint shall be entitled to make additional charges.
14. Customer’s property
(a) The customer’s property and all property supplied to Expressprint by or on behalf of the customer shall while it is in the possession of Expressprint or in transit to or from the customer be deemed to be at customer’s risk unless otherwise agreed and the customer should insure such property accordingly.
(b) Where a customer fails to collect work within 20 working days from notification to the customer of completion of the work, Expressprint shall be entitled, at its discretion, to either store the work until actual delivery or collection is made and charge the customer for the costs (including insurance) of storage or to destroy such work (provided that the customer shall nevertheless remain liable for payment in respect of the relevant order).
15. Materials supplied by the customer
(a) Expressprint may reject any paper, plates or other materials supplied or specified by the customer which it considers 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 Expressprint in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
(b) Expressprint shall have no liability in respect of any work being of less than reasonably satisfactory quality as a result of defects in or the unsuitability of materials supplied or specified by the customer.
(c) Expressprint shall assume that quantities of materials supplied shall be adequate to cover normal spoilage accordingly if the quantities of materials supplied are not sufficient to cover normal spoilage (“an Insufficient Supply”) then shall have no liability for any shortfall in quantity to the extent that such shortfall arises as a result of such Insufficient Supply.
16. Credit terms
For invoices not settled within the agreed credit terms, Expressprint reserves the right to charge interest on the overdue debt at 2% above the MAYBANK base rate at the time and an administration fee to cover its debt recovery costs.
If the customer ceases to pay its debts in the ordinary course of business or cannot pay its 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 it, Expressprint without prejudice to other remedies shall (i) have the right not to execute 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 Expressprint, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in Expressprint’s 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 Expressprint thinks fit and to apply the proceeds towards such debts.
18. Illegal matter
(a) Expressprint shall not be required to print any matter which in its 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) Without prejudice to paragraph 7 above, the customer shall indemnify and hold Expressprint harmless against all claims, demands, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of the work it is required to produce pursuant to a customer order being or alleged to be defamatory.
19. Periodical publications
Save in respect of a material breach and/or in the event that a claim arises under any indemnity set out above 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. Without prejudice to the foregoing, Expressprint may terminate any such contract forthwith should any sum due thereunder remain unpaid for a period of 7 or more days from its due date.
20. Full colour printing
All reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variation is inherent in the print process and it is understood and accepted as reasonable that, Expressprint shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by Expressprint or other party) or any other materials supplied by the customer and the printed article the subject of the customer’s order.
21. Data Protection
By placing an order with Expressprint, the customer consents to its details being passed on for accounting and marketing purposes. The details will be kept even after the customer’s trading relationship with Expressprint has terminated. Expressprint may use the customer’s personal data to let customers know about goods and services similar to the goods or services provided to the customer previously and any others matters that consider may be of interest to customers.
22. Force majeure
Expressprint shall be under no liability if it shall be unable to perform any obligation which is owed by it to the customer 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 Expressprint to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
23. Variation to Terms and Conditions
These terms and conditions may be amended from time to time.
These terms and conditions and all other express terms of the contract with customers shall be governed and construed in accordance with law. Courts shall have jurisdiction in relation to any matters arising in connection with any contract between the Expressprint and the customer into which these terms are incorporated.
25. Color Proofs
Due to differences in equipment, paper, inks and other conditions between color proofing and production runs, a reasonable variation in color between color proofs and the completed job will be deemed acceptable unless otherwise agreed made in writing.
26. Electronic manuscript or image
It is the Customer’s responsibility to maintain a copy of the original file. The Company is not responsible for accidental damage to media supplied by the Customer or for the accuracy of furnished input or final output. Until digital input can evaluated by the Company, no claims or promises are made about the Company’s ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilise Customer supplied files will be charged at prevailing rates.
Estimates are based on the assumption that any material specified by the Customer or supplied to the Company, will be suitable for standard printing, folding and binding without problems. If extra costs are incurred due to paper problems an extra may be charged.
28. Machine readable codes
(a) In the case of machine readable codes or symbols the Company shall print the same as specified or approved by the Customer in accordance with generally accepted standards and procedures.
(b) The Customer shall be responsible for satisfying himself/herself that the code or symbol will read correctly on the equipment likely to be used by those for whom the code or symbol is intended.
(c) The Customer shall indemnify the Company against any claim by any party resulting from the code or symbol not reading or not reading correctly for any reason, except to the extent that such claim arises from any failure of the Company to comply with paragraph (a) above which is not attributable to error falling within the tolerances generally accepted in the trade in relation to printing of this sort.
29. Interest and other charges
All sums due from the Customer to the Company are payable in accordance with the credit terms agreed. Prompt payment shall be of the essence of the Contract. Sums not paid on due date shall, without prejudice to the Company’s other rights, bear interest at the rate of 2% per month or part of a month from the date of default until the date of payment in full whether or not after judgement. The Company is responsible for all additional costs it incurs as a result of changes in exchange rates between the currency in which it agrees payment, sterling (if not that currency) and the currency of its suppliers. In addition to interest as aforesaid the Customer will indemnify and pay to the Company on demand any losses or costs it incurs as a result of changes in those exchange rates when payment is made by the Customer after the due date. The Customer shall reimburse any legal or other costs and expenses incurred by the Company pursuing an overdue payment (including interest and other charges) and the amount of any such costs and expenses shall be a debt due to the Company immediately upon notification thereof to the Customer.
The Company may at it’s sole and absolute discretion, sub-contract any or all of its obligations but shall remain liable to the customer therefore.