In these Terms and Conditions “Direct2Print” means Direct2Print Limited as the supplier of the goods and services and the “Customer” means the person or Company that purchases the goods and services.
These conditions shall apply and govern any contract between Direct2Print and the Customer to the exclusion of any other conditions contained in any order form, letter, acknowledgement or any other document emanating from the Customer.
Direct2Print Web-based Trading
Direct2print makes available information, materials and products on the web site, subject to the following Terms and Conditions. By accessing any part of this site, you will be deemed to have accepted these Terms and Conditions in full. Direct2Print reserves the right to change these Terms and Conditions from time to time at its sole discretion. A contract is only accepted and entered into after Direct2Print have confirmed the order and payment by the Customer has been accepted and confirmed.
Any questions or comments concerning these conditions of use should be directed to Direct2Print on 0800 0346 007.
Under the Consumer Protection (Distance Selling) Regulations 2000 the Customer has a statutory right to cancel the order before this point without any cost. Any cancellation after the confirmation has been made must be by fax or email. The Customer would then be entitled to a credit less any direct costs incurred by Direct2Print up to the point of cancellation.
Direct2Print reserves the right to refuse to undertake any particular order or supply any individual or company.
All prices, quotations and estimates can be adjusted by Direct2Print without any further notice. Customised estimates or quotations need to be confirmed in writing and assigned a designated reference number. All numbered estimates are valid for a period of 14 days from the date of issue.
All orders, estimates and verbal quotations shall not be binding unless confirmed by Transaction Phone Call, Fax or E-mail from Direct2Print after the Customer has supplied the files through the Internet delivery system and completed the appropriate Order Processing.
Direct2Print may cancel an order at any time prior to delivery upon notice to the Customer whereupon a refund of any monies paid for the relevant goods and/or services will be made at the earliest possible opportunity.
Delivery and Price Variations
Any time specified by Direct2Print is approximate only and is not legally binding unless the arrangement has been specifically agreed in writing by both parties and the relevant price premium has been added to the total cost. If there is any delay in the delivery schedule when such an arrangement has been made, due to factors beyond the reasonable control of Direct2Print, the Customer needs to be notified and given the opportunity to cancel the order and seek a full and unconditional refund. The refund shall include the relevant price premium.
Direct2Print shall have no liability for any loss (including loss of profit) costs, damages, charges or expenses caused directly or indirectly by the delay in the delivery. Under no circumstances will Direct2Print be liable for any business related loss (which includes without limitation, any loss of contracts, loss of profits, loss of revenue or loss of anticipated savings in expenditure) as a result of either a breach of these terms by Direct2Print or any of their approved agents. The limit of liability is the price of the job as agreed at the point of acceptance. If delivery cannot be executed there may be an additional delivery cost added to the overall charges or the consignment may be returned awaiting further instructions from the Customer.
Any services shall be performed by appropriately qualified and trained personnel with reasonable care and diligence. Any goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1979 and as amended by the Sale and Supply of Goods Act 1994. Upon delivery the Customer shall be required to check the condition and content of the goods and/or services immediately for any apparent defects. The Customer shall have a maximum period of three days to notify Direct2Print in writing of any errors or shortages. Direct2Print will do everything possible to resolve the problem at the earliest opportunity. Any complaint will be thoroughly investigated after receiving the written notice and the Customer returning the defective goods for examination. If the complaint against Direct2Print is valid and negligence against Direct2Print is proven we will refund the Customer the total cost of the job at the earliest opportunity.
Every effort will be made to carry out the contract but it’s due performance is subject to cancellation by Direct2Print or to such variation as it may find necessary as a result of an inability to secure labour, materials or supplies or as a result of any Act of God, War, Strike, Lockout or other labour dispute, Fire, Flood, Drought, Legislation or other cause beyond the control of Direct2Print.
Direct2Print may assign, licence or subcontract all or any part of its rights or obligations under the contract.
The contract is governed by English law and the English Courts shall have the jurisdiction to settle any disputes which may arise out of connection with the contract. For further information regarding Terms and Conditions of trading refer to Direct2Print Ltd, 46 Hagley Road, Stourbridge, West Midlands DY8 1QD
Whilst Direct2Print endeavours to ensure that this site is normally available 24 hours a day, Direct2Print will not be liable if for any reason the site is unavailable at any time or for any period. Access to this site may be suspended temporarily or permanently and without notice.
Unless otherwise stated, the copyright and any other rights in all material on this web site are owned by Direct2Print. Except as specifically permitted in particular areas of this site, none of the information on this site may be reproduced in any form or by any means without prior written permission from Direct2Print. No part of this site may be reproduced or stored in any other web site or included in any public or private electronic retrieval system or service without Direct2Print’s prior written permission.
The trade marks, logos and services marks ('Marks') displayed on this site are the property of Direct2Print, its licensor or other third parties. You may not use any of the Marks without the prior written consent of Direct2Print or the third party who owns the relevant Mark. Any rights not expressly granted in these terms are reserved.
Whilst Direct2Print endeavours to ensure that the information on this site is correct, no warranty, express or implied, is given as to its accuracy and Direct2Print does not accept any liability for error or omission. Direct2Print shall not be liable for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use of or inability to use this site, or any material contained in it, or from any action or decision taken as a result of using this site or any such material.
Part of this site contains material submitted to Direct2Print by third parties. Those third parties are responsible for ensuring that material submitted for inclusion on this site complies with national and relevant foreign law. Direct2Print will not be responsible for any error, omission or inaccuracy in the material and reserves the right to omit, suspend or edit any material submitted to it. Direct2Print accepts no responsibility for the content of any site to which a hypertext link from this site exists. The links are provided 'as is' with no warranty, express or implied, for the information provided within them. Provision of a link does not imply any endorsement by Direct2Print of the relevant site. Proof of sending an e-mail is not proof of receipt. Direct2Print accepts no responsibility for non-receipt of information submitted through this site.
This web site is controlled by Direct2Print from its offices in England. By accessing this site, you agree that all matters relating to your access to, or use of, this site will be governed by English law; and you agree to submit to the jurisdiction of the English courts with respect to such matters. All disputes relating to any part of these Terms and Conditions will be referred to the Birmingham courts and the Customer will not be able to transfer any case to any other court without the express agreement of Direct2Print. Direct2Print makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Any person who chooses to access this site from other locations does so on their own initiative and is responsible for compliance with local laws.
DIRECT2PRINT limited APPLICATION OF THESE TERMS AND CONDITIONS FOR CUSTOM QUOTATIONS.
These Terms and Conditions apply to all supplies of goods and/or services or any part of either of them provided by Direct2Print Limited to the Customer unless otherwise agreed in writing by a duly authorised representative of Direct2Print Limited.
Direct2Print Limited’s employees and agents are not authorised to make any representations in relation to goods or services offered by Direct2Print Limited (unless that employee or agent provides written confirmation that they are a duly authorised representative of Direct2Print Limited).
1. CUSTOM QUOTATIONS
(A) Any quotation given by Direct2Print Limited will only be binding if given in writing on Direct2Print Limited notepaper (by a duly authorised representative of Direct2Print Limited) and the quotation has not expired. A written quotation will be based on samples and materials provided and on the basis of instructions given by the Customer. Direct2Print Limited reserve the right to amend any quotation given to reflect any incomplete inaccurate or changed instructions or samples or materials given by the Customer. Any verbal quotation is an estimate only and will not be binding unless and until confirmed by Direct2Print Limited in writing. Any quotation is valid for a period of 14 days only from its date of issue by Direct2Print Limited, (provided that Direct2Print Limited has not previously withdrawn it and subject to the provisions of condition 2 below) and shall be deemed to be an offer by Direct2Print Limited to provide goods and/or services upon these terms and conditions to the Customer. Any order made in respect of a written quotation shall be deemed to be an acceptance of the offer set out in that written quotation by the Customer.
(B) The Customer must ensure that any quotation it wishes to accept, its order and any applicable specification are complete and accurate. The quantity and description of the goods or services shall be as set out in Direct2Print Limited’s written quotation or the Customer’s order as accepted.
(C) (i) Subject to condition 4(B) a Business Customer (a Customer who is dealing with Direct2Print Limited in the course of its business) may not cancel an order which Direct2Print Limited has accepted except with the agreement in writing of Direct2Print Limited and any Customer cancelling any order hereby agrees to indemnify Direct2Print Limited in full against all losses (including loss of profits), costs (including the costs of all labour and materials used until the date of cancellation), damages, charges and expenses incurred by Direct2Print Limited as a result of the cancellation.
(ii) Direct2Print Limited may cancel an order at any time prior to delivery upon notice to the Customer whereupon a refund of any monies paid for the relevant goods and/or services will be promptly made.
(D) The price payable will (subject to condition 2) be as stated in Direct2Print Limited’s written quotation and/or the order as accepted.
(E) The price payable (unless specifically stated otherwise) is exclusive of:
(i) any costs of packaging and carriage of goods; and
(ii) any value added tax or other applicable sales tax or duty;
which shall be added to the sum in question.
PRELIMINARY OR PREPARATORY WORK
(F) For the avoidance of doubt, all works services or goods supplied at the Customer’s request including work and/or services of a preliminary or preparatory nature unless specifically stated otherwise are not complimentary.
2. PRICE VARIATIONS
(A) If there is any increase or decrease in the cost to Direct2Print Limited in providing/fulfilling the order due to:
(i) any factor beyond the reasonable control of Direct2Print Limited, this includes (without limitation) increase in the cost of materials and other production costs;
(ii) any change in delivery, dates, quantities or specifications for the Order requested by the Customer;
(iii) any delay caused by any instructions of the Customer or failure of the Customer to give Direct2Print Limited adequate information or instructions;
(iv) any corrections, amendments and alterations in style or content to material provided by the Customer, other than typographical errors of Direct2Print Limited, and for additional proofs necessitated thereby;
(v) additional costs incurred as a result of materials provided by the Customer proving unsuitable;
the price/quotation shall be recalculated to take account of the resulting increased or decreased cost of meeting/fulfilling the order.
(B) Notwithstanding the provisions of condition 2(A) above:
(i) in the case of Business Customers, the relevant price/quotation shall only be adjusted upwards if, before Direct2Print Limited has incurred the additional cost, it has notified the Customer in writing of such increase and the Customer has agreed to the increase in writing. If the parties are then unable to agree any such increase to the price then the order shall be cancelled and Direct2Print Limited shall be entitled to invoice the Customer for all works services or supplies carried out and/or made before the date of such cancellation; and,
(ii) in the case of all Consumer Customers, the relevant price/quotation shall only be adjusted upwards if, before Direct2Print Limited has incurred the additional cost, it has notified the Customer in writing of such an increase and has given the Customer the right to withdraw from the order within 3 days of receipt of such notice in default of which it shall be deemed to have accepted the revised price and Direct2Print Limited shall be entitled to invoice the Customer for all works services or supplies carried out and/or made before the date of such cancellation.
3. PROOFS AND ERRORS
Proofs are available for the Customer’s approval on request. No responsibility or liability will be accepted by Direct2Print Limited for:
(i) any errors not corrected by the Customer after inspecting the proofs or where the Customer declines to make such request; or
(ii) any work for which the Customer has given instructions which requires or allows Direct2Print Limited to exercise a degree of artistic licence;
and the Customer shall not be entitled to reject such work although Direct2Print Limited shall rectify any such error at the Customer’s cost.
4. DELIVERY, PAYMENT AND RISK
(A) Delivery of the goods and/or provision of the services shall be made at the Direct2Print Limited Centre (the Direct2Print Limited outlet which accepted the order) or such other place as agreed by the parties in writing. The Customer will take delivery of the goods and/or services within 7 days of Direct2Print Limited giving it notice that the goods and/or services are ready for delivery/completed.
(B) Any dates specified by Direct2Print Limited for delivery of the goods or performance of the services are approximate only and may not be made of the essence unless specifically agreed by Direct2Print Limited as such in writing. If no dates are specified, delivery will be within a reasonable time.
(C) Subject to the other provisions of these conditions Direct2Print Limited shall have no liability to the Customer for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods and/or provision of the services (except in the case of Consumer Customers if caused by Direct2Print Limited’s negligence or breach of contract).
(D) In the case of Business Customers, any delay or failure in delivery or performance will not entitle the Customer to cancel the order unless and until the Customer, has given 7 days written notice to Direct2Print Limited requiring delivery or performance to be made within a reasonable period (and in the case of Consumer Customers if they have given reasonable notice to Direct2Print Limited requiring delivery or performance to be made within a reasonable period) and Direct2Print Limited has not fulfilled the delivery or performed within that period. If the Customer cancels the order in accordance with this condition 4(D) then
(i) Direct2Print Limited will refund to the Customer any sums which the Customer has paid to Direct2Print Limited in respect of that order (or part of order) which has been cancelled; and(ii) the Customer will be under no liability to make any further payments under condition 4(F) in respect of the order (or part of order) which has been cancelled.
(E) If the Customer fails to take delivery of goods when they are ready for delivery or to provide any instructions, documents or authorisations required to enable the goods to be delivered on time (except where Direct2Print Limited is at fault) risk in goods will pass to the Customer and the Customer hereby agrees to fully insure the same, the goods will be deemed to be delivered and (without prejudice to its other rights) Direct2Print Limited may store or arrange for the storage of the goods until actual delivery and charge the Customer for all related costs and expenses (including, without limitation, storage and insurance) it incurs.
(F) Direct2Print Limited may invoice the Customer:
(i) for goods provided when or at any time after notifying the Customer that the goods are ready for delivery;
(ii) for services provided on or at any time after performance of the services commences;
(iii) notwithstanding the provisions in conditions 4(F)(i) and (ii), in the event that an order is suspended or delayed as a result of any act or omission on the part of the Customer for a period in excess of thirty days, for any part of the order which has been processed/delivered and/or performed.
(G) Payment is due in pounds sterling, or such other currency agreed in advance by Direct2Print Limited in writing, immediately after issue of such invoice and Direct2Print Limited shall be entitled to recover the payment notwithstanding delivery may not have taken place and legal title has not passed to the Customer (except in the case of approved credit account Customers with whom alternative arrangements have been agreed in writing by Direct2Print Limited). Time of payment shall be of the essence.
(H) For Business Customers Direct2Print Limited may deliver goods in separate installments and/or perform any services in stages. Each separate installment or stage shall be invoiced and paid for in accordance with the provisions of these terms and conditions. Each installment or stage shall be a separate contract and no cancellation or termination under clause 4(D) of any one contract relating to an installment or stage shall entitle the Customer to repudiate or cancel any other contract, installment or stage.
(I) All sums payable to Direct2Print Limited under any order shall become due immediately upon termination/cancellation of the order.
(J) All payments to be made by the Customer under the order shall be made in full without any set-off, restriction or condition and without any deduction for or on account of any counterclaim.
(K) If the Customer fails to make any payment when payment is due then without prejudice to any other right or remedy available to Direct2Print Limited, Direct2Print Limited shall be entitled to:
(i) cancel the order or suspend any performance of the order;
(ii) appropriate any payment made by the Customer as Direct2Print Limited may think fit (notwithstanding any purported appropriation by the Customer);
(iii) charge the Customer with all costs and expenses involved in collecting the overdue payment together with interest (both before and after any judgement) on the amount unpaid at the rate of 2% per month above Barclay’s Bank plc base rate or such higher rate as provided for by legislation from the due date until payment in full is made (part of a month being treated as a full month for the purpose of calculating interest).
(L) Legal title in the Goods shall not pass to the Customer until Direct2Print Limited receives payment in full (in cash or cleared funds) of all sums whether in respect of the goods, services or otherwise due owing or incurred including VAT. Until legal title passes the Customer shall hold the goods on a fiduciary basis as Direct2Print Limited’s bailee and shall store the goods (at no cost to Direct2Print Limited) separately from all other goods of the Customer or any third party in such a way that they remain readily identifiable as Direct2Print Limited’s property. Where the Customer’s right to possession has terminated the Customer grants Direct2Print Limited, its agents and employees an irrevocable licence at any time to enter any premises where the goods are or may be stored to recover them. On termination of the contract, howsoever caused, Direct2Print Limited’s (but not the Customer’s) rights contained in this condition 4 shall remain in effect.
(A) Where Direct2Print Limited is not the manufacturer of the goods ordered or provider of the ordered services Direct2Print Limited will endeavour to transfer to the Customer the benefit of any warranty or guarantee given to Direct2Print Limited.
(B) Direct2Print Limited warrants that (subject to the other provisions of these terms and conditions) upon delivery:
(i) any goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1979 and Sale and Supply of Goods Act 1994; and
(ii) any services will be performed by appropriately qualified and trained personnel, with reasonable care and diligence
(C) Upon delivery the Customer shall be required to check the goods and/or services immediately for any immediately apparent defects. Direct2Print Limited shall not be liable for a breach of the warranty in condition 5(B) unless the Customer gives written notice of any apparent defect to Direct2Print Limited within 7 days of the date of delivery and Direct2Print Limited is given a reasonable opportunity after receiving the notice of examining such goods and the Customer (if asked to do so by Direct2Print Limited) returns such goods to Direct2Print Limited’s place of business for the examination to take place there.
(D) If the Customer makes a valid claim against Direct2Print Limited based on a defect in the quality of goods, Direct2Print Limited shall at its option repair or replace such goods (or the defective part), or refund the price of such goods at the relevant proportion of the price paid or payable. If Direct2Print Limited complies with this condition it shall have no further liability for a breach of warranty in condition (B) in respect of the quality of such goods.
(E) If the Customer is dealing as a Business Customer:
(i) to the maximum extent permissible in law, all conditions and warranties which are implied by statute or otherwise by general law into this contract in relation to goods or services or supplies are hereby excluded;
(ii) Direct2Print Limited shall not be liable to the Customer by reason of any representations (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claim for compensation whatsoever (whether caused by Direct2Print Limited’s negligence or otherwise) which arise out of or in connection with the supply of goods or services or supplies.
(F) If the Customer is a Consumer Customer and goods and/or services are provided to the Customer then
(i) to the maximum extent permissible in law, all conditions and warranties which are implied by statute or otherwise by general law into this contract in relation to goods or services are hereby excluded;
(ii) under no circumstances shall Direct2Print Limited be liable for any business related loss (which includes without limitation, any loss of contracts, loss of profits, loss of revenue or loss of anticipated savings in expenditure) as a result of either Direct2Print Limited’s breach of contract or Direct2Print Limited’s negligence or otherwise.
(G) Nothing in conditions 5(E) or (F) excludes, or attempts to exclude, Direct2Print Limited’s liability in respect of death or personal injury caused by Direct2Print Limited’s negligence.
(H) The total liability of Direct2Print Limited to the Customer in contract, tort (including negligence or breach of statutory duty), statute or otherwise (other than for death or personal injury arising due to the negligence of Direct2Print Limited, its employees or agents), in connection with the performance or contemplated performance of the order shall be limited for Business Customers to the price quoted and for Consumer Customers to twice the price quoted.
6. CUSTOMER’S OWN MATERIALS
(A) Direct2Print Limited may reject any unsuitable materials (including without limitation any paper, plates, computer disks or CD-Roms) supplied or specified by the Customer and Direct2Print Limited reserves the right to refuse to undertake any works, services or supplies which infringes or appears to infringe the copyright or other intellectual property rights of any third party or which in its opinion contains any material which is an any way unlawful.(B) Any Customer’s artwork or other materials supplied to Direct2Print Limited remain at the Customer’s risk and Direct2Print Limited accepts no liability for damage, destruction or loss thereof. In the case of Consumer Customers, Direct2Print Limited agree to take reasonable care of such art work or other materials while the same are in their possession although it is the responsibility of the Customer to ensure that such items are covered by their own insurance.
(C) Direct2Print Limited shall have a lien over any materials supplied to it by the Customer against payment of all monies due to it by the Customer from time to time and shall be entitled (if any sum is not paid on the due date) to dispose of such property as Direct2Print Limited shall in its discretion think appropriate towards settlement of the sums due, subject to reasonable notice having been given to the Customer of their intention to dispose of such property.
(A) The Customer warrants that any design or other material furnished by it or any design material created by Direct2Print Limited pursuant to the Customer’s instructions is and/or will not defamatory or obscene or be such as will cause Direct2Print Limited to infringe any intellectual property rights of any third party or any legislation for the time being in force in the United Kingdom in the performance of the order.
(B) In the event that the Customer has requested the production of original design work (whether under Direct2Print Limited’s Creative Solutions® Plan or otherwise) Direct2Print Limited may engage the services of third party designers in producing such supplies, works or services.
(C) In the event that Direct2Print Limited are required to provide original design work under Direct2Print Limited’s Creative Solutions® Plan or otherwise (whether or not such original artwork incorporates the Customer’s materials):
(i) all proofs or preliminary design work remain Direct2Print Limited’s copyright at all times and may not be used or re-produced by the Customer in any form in whole or in part;
(ii) upon the final proof and/or design being agreed, the final proof and any part of the final proof, remain Direct2Print Limited’s copyright until Direct2Print Limited have been paid in full for providing the original design work and the Customer may not use or reproduce in whole or in part the original design work until full payment is made to Direct2Print Limited.
(D) Upon receipt of full payment:
(i) in the event that Direct2Print Limited has created the original design work Direct2Print Limited shall assign to the Customer copyright in such work;
(ii) the Customer shall provide irrevocable authorisation to Direct2Print Limited to use the original design work for any business promotional purposes of the Direct2Print Limited business only;
(iii) in the event that Direct2Print Limited has engaged third party designers to produce the original design work and where that third party designer has assigned copyright in such work to Direct2Print Limited, Direct2Print Limited shall grant a non-exclusive royalty free licence of the copyright in the original design work to the Customer but cannot warrant that the designer who is commissioned to produce the work will not offer such work or any part of it to any third party.
(E) The Customer shall fully indemnify Direct2Print Limited in respect of all costs, claims, liabilities and expenses (including any amount paid in settlement on legal advice and Direct2Print Limited’s own legal costs) arising from any breach of the Customer’s warranty in clause 7(A).
(F) The Customer shall promptly notify Direct2Print Limited in the event of any claim being made or action brought against a Customer arising out of a breach of the Customer’s warranty in clause 7(A).
8. DATA PROTECTION
(A) The Customer warrants, in compliance with the Data Protection Act 1998, and any other relevant legislation, that it has obtained all necessary consents from data subjects for the use of such data subjects’ personal data which it requires Direct2Print Limited to process in the provision of goods and/or services.
(B) Direct2Print Limited shall only process such personal data for the purpose of providing the services and/or goods in respect of the order.
The order will terminate immediately should the Customer become insolvent, fail or become unable or admit in writing their inability to pay their debts, institute or have instituted against them proceedings seeking a judgement of insolvency or bankruptcy; have a resolution passed for its winding up or liquidation; seeks or becomes the subject of the appointment of an administrative receiver or similar official in respect of its assets; enter into any arrangement or composition with its creditors; cease or threaten to cease to carry on any significant part of its business; suffer a change of management or ownership which Direct2Print Limited deems to be against its interests;
If the Customer is in breach of any of its obligations under these terms and conditions then Direct2Print Limited may without prejudice to any of its other rights immediately suspend the performance of any order placed by the Customer and shall be entitled to charge the Customer, and the Customer shall immediately become liable to pay, for any works, services and supplies already carried out (whether completed or not) including the cost of any materials purchased on behalf of the Customer.
Failure or delay by Direct2Print Limited to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at time or times thereafter.
12. ILLEGALITY AND SEVERANCE
If any provision of these terms and conditions is held by an competent authority to be invalid or unenforceable in whole or in part then that provision shall, to the extent required, be severed from the order and shall be ineffective without as far as possible modifying any other provision or part of the order and this shall not affect any other provisions of the order which shall so far as is reasonably possible remain in full force and effect.
13. ENTIRE AGREEMENT
These provisions constitute the entire agreement between Direct2Print Limited and the Customer and replace all prior agreements, understandings, statements and communications between Direct2Print Limited and the Customer.
14. FORCE MAJEURE
Direct2Print Limited will make every effort to carry out the Customer’s instructions and the order but shall be under no liability if unable to carry out any provision of the order for any reason beyond Direct2Print Limited’s reasonable control (without limiting the foregoing) including the inability to secure labour, materials or supplies, breakdown of machinery, or as a result of the Act of God, war, labour dispute, fire, flood, drought, legislation, failure of power supply or any other cause beyond Direct2Print Limited’s reasonable control. During the continuance of such instance of Force Majeure the Customer may by notice in writing to Direct2Print Limited elect to terminate the order and pay for works, services and/or supplies provided or used up to such notice but subject thereto shall otherwise accept delivery when available.
Direct2Print Limited may assign, licence or subcontract all or any part of its rights or obligations under the order.
16. GOVERNING LAW
The formation, existence, construction, performance, validity and all aspects whatsoever of the order or of any term of the contract shall be governed by English Law. The Birmingham Courts shall have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with the order.
17. CONSUMER RIGHTS
These terms and conditions do not and will not affect the statutory rights of a Consumer Customer. No provision which would be void by virtue of Sections 6 or 20 of the Unfair Contract Terms Act 1977 (as amended) or by virtue of the Unfair Contract Terms in Consumer Contracts Regulations 1994 shall apply to any order made by a Consumer Customer.