This website is operated by Majestic Printing Works Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Majestic Printing Works Ltd. Majestic Printing Works Ltd. offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
- “Seller” means the party providing the goods or services under these terms and conditions.
- “Buyer” means the party contracting with the Seller to acquire the goods and services supplied under these terms and conditions.
- “Work” means all goods (by way of intermediate or finished product) and services supplied by the Seller to the Buyer.
- “Intermediates” means all products produced during the manufacturing process including non-exhaustively discs, film, plate, intellectual property.
- “Preliminary Work” means all work done in the concept and preparatory stages (including non-exhaustively design, artwork, colour matching).
- “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 ISDN or any other communication link.
- “Periodical Publications” means publications produced at (normally regular) intervals.
- “Insolvency” means the Buyer is in a position where it is unable to pay its debts or has a winding up petition issued against it or has a receiver, administrator or administrative receiver appointed to it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him.
- “Writing” means in writing, including cable facsimile transmissions, email and comparable means of communication.
- Quotations are based on the current cost of production & are subject to amendment to the printer on or at any time after acceptance to meet any rise or fall in such costs.
- Quotations are given inclusive of tax, unless the Client can prove VAT exemption.
- All work carried out shall be charged. This includes all Preliminary Work & Experimental Orders, whether or not the Buyer agrees to that work being taken forward to production. Preliminary Work & Experimental Orders will be charged 70% deposit & balance of 30% upon collection.
- Any additional work required of the Seller by reason of the Buyer supplying inadequate copy, incomplete or incorrect instructions or insufficient materials; or late delivery of the same shall be charged extra.
- Payment shall become due on delivery of the Work. The Seller, at his absolute discretion, may ask for part or full payment in advance of starting the Work.
- If Credit Facilities have been granted, Terms are strictly 30 days from date of delivery for authorised accounts. If any item(s) remain unpaid by that due date charges will apply.
- Unless otherwise agreed in Writing, the price of the Work will be “ex-works” and delivery shall be charged extra.
- Should the Work be suspended or delayed by the Buyer for any reason the Seller shall be entitled to charge for storage and for loss of or wastage of resources that cannot otherwise be used.
- Should the suspension or delay in 2(h) above extend beyond 30 days the Seller shall be entitled to immediate payment for work already carried out, materials specially ordered and any other additional costs.
3. Credit Facilities
Credit facilities may be granted to applicants who complete the Supplier’s Credit Account Application Form and who satisfy the Supplier’s criteria as set out from time to time. Where facilities are granted the Supplier reserves the right to withdraw them at any time, without having to give their reasons and, in such a case, all outstanding invoices become due and payable immediately.
- Delivery of the Work shall be accepted when tendered.
- Unless otherwise agreed in Writing completion and delivery times are a guide only and, whilst the Seller will make every effort to adhere to proposed timescales, time is not of the essence in any contract with the Buyer.
- Unless otherwise agreed in Writing, (in which case an extra charge may be made) delivery will be to the Buyer’s address and the Buyer will make arrangements for off-loading and for any additional transportation to its storage facility.
- Subject to any agreement as per 4(c) above, delivery involving difficult access and/or unreasonable distance from vehicular access shall entitle the Seller to make an extra charge to reflect its extra costs.
- Should expedited delivery be agreed the Seller shall be entitled to make an extra charge to cover any overtime or any other additional costs
5. Materials Supplied or Specified by the Buyer
- All Colour separations / Films / Artworks / Originals / Original Paintings & related materials supplied by the Buyer will be handled with every care possible, but the Seller will not be responsible for any damage or loss of the same.
5.2 Risk and Storage
- Buyer’s property and all property supplied to the Seller by or on behalf of the Buyer shall while it is in the possession of the Seller or in transit to or from the Buyer be deemed to be at Buyer’s risk unless otherwise agreed in Writing andthe Buyer should insure accordingly.
- The Seller shall be entitled to make a reasonable charge for the storage of any Buyer’s property left with the Seller before receipt of the order or after notification to the Buyer of completion of the work.
5.3 Finished Goods
- The risk in the Work and all goods delivered in connection with the Work shall pass to the Buyer on delivery and the Buyer should insure accordingly.
- On completion of the Work, the Seller will store the Buyer’s materials and Work for a maximum of 3 months, after which time they will be destroyed without further notice.
6. Materials and Equipment Supplied by the Seller
- Metal, film and other materials owned by the Seller and used in the production of intermediates, type, plates, film-setting, negatives, positives, electronic files and other production processes, together with items thereby produced, shall remain the Seller’s exclusive property.
- Type maybe distributed &/or lithographic, photogravure or other work effaced immediately after the order is executed, unless written arrangements are made to the contrary. In the latter event, rent shall be paid unless, any other specific arrangement has been made.
- All job bags / files will be maintained for a max period of 1 year from the date of your last order & discarded without notification after this period.
7. Retention of Title
- The Work remains the Seller’s property until the Buyer has paid for it and discharged all other debts owing to the Seller.
- If the Buyer becomes subject to Insolvency and the Work has not been paid for in full the Seller may take the goods back and, if necessary, enter the Buyer’s premises to do so, or to inspect and/or label the goods so as to identify them clearly.
- If the Buyer shall sell the goods before they have been paid for in full he shall hold the proceeds of sale on trust for the Seller in a separate account until any sum owing to the Seller has been discharged from such proceeds.
8. Proofs and Variations
- The Seller shall incur no liability for any errors not corrected by the Buyer where the Buyer has been provided with proofs. The Buyer’s alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to the Seller’s judgement, changes therefrom made by the Buyer shall be charged extra.
- Proofs in quantity & machine proofs are chargeable extra.
- Where the Buyer specifically waives any requirement to examine proofs the Seller is indemnified by the Buyer against any and all errors in the finished Work.
- Colour Proofs. 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.
- Variations in quantity. Every endeavour will be made to deliver the correct quantity ordered, but owing to the difficulty of producing exact quantities, estimates are conditional upon a margin of 10% (a margin of 15% in colour work) being allowed for overs or shortage, the same to be charged for, or deducted, pro rata.
9. Claims and Liability
- Any complaint of goods, delay or loss of goods in transit or of non-delivery must be given in Writing to the Seller and the carrier within three (3) clear days of receipt of goods. (or, in the case of non-delivery, within 3 days of notification of despatch of the goods) , failing which the Buyer will be deemed to have accepted the Work.
- Insofar as is permitted by law where Work is defective for any reason, including negligence, the Seller’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 Seller performs its obligations to rectify defective Work under this condition the Seller 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 Seller before replacement or credits can be issued. If the subject Work is not available to the Seller the Seller will hold that the Buyer has accepted the Work and no credits or replacement Work will be provided.
- The Seller 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 Seller’s negligence or otherwise.
- Where the Seller offers to replace defective Work the Buyer must accept such an offer unless he can show clear cause for refusing to do so. If the Buyer opts to have the work re-done by any third party without reference to the Seller the Buyer automatically revokes his right to any remedy from the Seller, including but not exclusively the right to a credit in respect of Work done by the Seller.
Without prejudice to other remedies, if the Buyer becomes insolvent, the Seller 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.
11. General Lien
Without prejudice to other remedies, in respect of all unpaid debts due from the Buyer the Seller 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.
12. Illegal Matter
- The Seller shall not be required to print any matter which in his opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.
- The Seller shall be indemnified by the Buyer in respect of any claims, costs and expenses arising out of the printing by the Seller for the Buyer of any illegal or unlawful matter including matter which is libellous or infringes copyright, patent, design or any other proprietary or personal rights. The indemnity shall include (without limitation) any amounts paid on a lawyer’s advice in settlement of any claim that any matter is libellous or such an infringement.
13. Periodical Publications
A contract for printing of periodical publications may not be terminated by either party unless written notice is given as follows:
Nature of Publication Length of Notice
Weekly One (1) Month
Fortnightly Two (2) Months
Monthly Three (3) Months
Quarterly Six (6) Months
The Seller may terminate any such contract forthwith should any sum due thereafter remain unpaid.
14. Force Majeure
Every effort will be made to carry out the contract but it’s due performance is subject to cancellation by the Seller or to such variation as he may find neccessary as a result of inability to secure labour, materials or supplies or as a result of any Act of God, War, Strike, Lock-out or other labour dispute, Fire, Floods, Drought, Legislation or other cause, whether of the foregoing class or not, beyond the Printer’s control.
These conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of Kenya and the parties agree to submit to the jurisdiction of the courts of Kenya.
Nothing in these Terms shall affect the rights of Consumers.