1. VALIDITY:
All Quotations / Proposals are Seven (7) working days only from the date of issuance of proposal to client.
2. PAYMENT TERMS:
Payment for the quoted work can be made as a full payment or as instalment depending on client preference.
The instalments breakdown is as follows:
First Payment – 80% of Quoted Price upon signature.
Final Payment – 20% of Quoted Price upon completion of work.
All above payments will be considered paid only when payment is credited in Fakhri Printing Works bank account.
Dispute in any aspect of payment shall be best remedied by negotiations, arbitration, mediation & only if all above methods fail to bring a speedy resolution then jurisdiction of FAKHRI PRINTING WORKS shall be respected for any legal proceedings, that is Mumbai Jurisdiction.
3. PAYMENT METHODS:
Cheque or Bank Transfers are preferred methods of payment.
• Checks will be made out to: “Fakhri Printing Works”
• Bank Transfers can be made via: RTGS/IMPS
Bank Name: UNION BANK OF INDIA
Account No: 318401010137473
IFSC CODE: UBIN0531847
MICR-No: 400026036
Branch Code: 531847
Swift Code: UBININBB
Account Type: CURRENT
Branch Name: Mohammed Ali Road
4. COMMENCEMENT & DELIVERY:
Commencement on the project is subject to the receipt of initial payment and/or full payment. It is also subject to the Client’s timely provision of relevant contents and approval pertaining to the scope of work.
5. DELIVERY:
Clients have to collect goods from our premises. Approximate time needed for work varies from 7 to 45 working days, depending on prior commitments to clients. Delivery of products will be released only when full payment is completed. Good will be delivered all at once.
Fakhri Printing Works does not Insure for any goods that are damaged during transportation or mishandling.
6. DELAYS:
Fakhri Printing Works works best on ensuring deadlines are met and deliverables as stated will be submitted to the client. Fakhri Printing Works will not be responsible for delays caused by the client or their team. But may take a little longer under unavoidable circumstances like natural calamity, Power Failure, Resource unavailability & any other unavoidable situation.
7. CONFIDENTIALITY & COPYRIGHTS:
Clients shall ensure that there is no infringement of copyrights of any third party that is not a party to this agreement & client has a clear right to publish, print or modify the said works contract. That the client shall come forth & make available any documents in his possession or an undertaking that satisfies Fakhri Printing Works that client is sole owner of the copyrights, trademarks for the works printed. That client indemnifies Fakhri Printing Works if during or post completion of work contract any third party objects or takes legal action for any type of violation of copyrights in the course if this works contract.
8. ALTERATIONS:
Any change or variation made by the customer shall be charged extra at the discretion of FAKHRI PRINTING WORKS.
9. ORDERS:
Orders once placed cannot be cancelled. Printed conditions contained in customers order forms or on letterheads, will not be binding on the printer unless specifically accepted by the printer in writing separately.
10. ACCEPTABLE / ACCEPTED DELIVERY:
(a) Because of differences in equipment, paper, inks and other conditions between colour proofing and production press room operations, a reasonable comparison between the machine/ laser colour proof and the completed job, shall constitute an acceptable delivery, and shall be so accepted.
(b) No complaint shall be entertained and be considered genuine or bonafide if not so made to FAKHRI PRINTING WORKS in writing within three working days from the date of the receipt of the goods by the customer. After the expiry of the said period, the customer will be deemed to have accepted the delivery of the job as per the specifications and to his satisfaction.
11. VARIATIONS IN QUANTITY
(a) Every endeavour will be made to deliver the correct quantity ordered but the quotations are conditional upon a tolerance of 5% to 10% being allowed for extra or shortage, the same to be charged for or deducted prorate, as the case may be.
(b) All blank pages required to complete a job will be charged at the same rate as that of a printed page.
12. RETENTION COPIES AND IMPRINT
FAKHRI PRINTING WORKS shall be entitled to retain with himself without any payment therefore to the customer 20 copies of all printed work including books and magazines for record or display or any other purpose whatsoever. Copies to be supplied by the printer gratis to government departments, libraries etc. as per legislation or government rules will be deducted from the quantity to be supplied to the customers. The printer shall be entitled to put the printers imprint line on all jobs at such places as he may decide.
13. LIABILITY:
(a) The printer shall not be liable for any direct or indirect consequential loss or for any loss to the customer arising from third party claims occasioned by errors in carrying out the work or by delay in delivery.
(b) Where work is defective for any reason, the printer’s liability if any shall be limited to rectifying such defect.
14. GENERAL LIEN:
The printer shall in respect of all unpaid debts due from the customer have a general lien on all goods and property of the said customer in the printers possession and shall be entitled on the expiration of 14 days’ notice to the said customer to dispose of such goods or property as he think fit and to apply the proceeds towards such debts.
15. ILLEGAL MATTERS:
(a) An express assurance from the customer shall be assumed that this print order does not carry any statement, remark, allusion connotation or expression of any nature which shall be construed, interpreted or purported to be directly or indirectly slanderous libellous, illegal or immoral and opposed to public policy, or inconsistent with public morality or infringement of any copyright, patent, design, trademark or repugnant to any other law in force, and the printer shall in his discretion be always at liberty, even after acceptance of the order, either to refuse to print any order or any part thereof of if already printed or otherwise processed either partly or wholly, complete the balance order or to refuse the delivery any such matter any material, whenever in his opinion, the matter or any part thereof, is not according to the aforesaid assumed expression of assurance from the customer.
(b) As per clause (a) above, upon the printer either refusing to print and complete the order having accepted it, or having printed a part of the order and refusing to print the balance or refusing to deliver the matter and materials already printed, the printer shall not be liable to pay and the customer shall not be entitled to claim any loss or damage for such refusal on the part of the printer. Provided that notwithstanding any other claim, demand or action that the printer shall be entitled to make against the customer for loss, damages or otherwise, the customer shall also be liable to pay and the printer shall always be entitled to recover all cost charges and expenses in respect of processing including printing of the entire order or any part thereof on the basis and in proportion of the cost of the order.
(c) If at any time, any claim is made, action is brought or demand is raised for damages on account of defamation, obscene, slander, libel etc., arising of the printing job carried out by the printer, the customer agrees to indemnify the printer and keep him so indemnified for ever for such loss or damages, and the customer shall be liable to pay the same to the printer as soon as such demand is made irrespective of whether such claim is disputed and/or pending in any court of law.
16. FORCE MAJEURE
Every effort will be made to carry out the contract by FAKHRI PRINTING WORKS subject to such variation as he may find necessary as a result of inability to procure labour, materials or supplies as a result of any act of god, force majeure, Strike, Lockout, or other labour disputes, Fire, Flood, Legislation or other cause, (whether of the foregoing class or not) beyond the FAKHRI PRINTING WORKS control.
17. DISPUTES
If any matter or dispute is to be referred to the Court, all such disputes shall be subject to the jurisdiction of the courts at Mumbai only. Mumbai Jurisdiction Only.
18. PROMOTIONAL MATERIALS:
FAKHRI PRINTING WORKS reserves the right to use clients Names in their client list.