General Terms of Delivery
General Terms of Delivery of K-Print
Executor – K-Print
Client – Customers who order work and services from K-Print
Parties – Executor and Client together
Work – Work and services ordered from the Executor by Clients
Offer – As defined by the Law of Obligations Act of the Republic of Estonia
Acceptance – As defined by the Law of Obligations Act of the Republic of Estonia
1. Ordering
1.1. A price inquiry must be made in writing. An Offer made based on a price inquiry is valid until the date marked in the Offer.
1.2. An oral answer to the Offer containing supplements, restrictions or proposals is not binding to the Executor.
1.3. The Client approves the Offer with a written Order, subsequent amendments by the Client need to be approved by the Executor in writing.
1.4. If models or samples not included in the initial Offer are ordered from the Executor, the Client is obliged to compensate the related incurred expenses in accordance with the actual expenses even if the Client waives the Order.
1.5. Proposals, drawings, models or other preparatory materials added to a price inquiry or Offer are the property of the sender and the other party does not have the right to use them for other purposes in their own interest nor transfer them into the possession of third persons.
2. Price
2.1. The prices are presented without value added tax (VAT) in the store of the Executor, unless otherwise agreed.
2.2. The printing house guarantees the Client the agreed circulation with a ±1% variation from the ordered quantity and payment shall take place according to the actual circulation. The Client undertakes to pay for the entire delivered circulation according to the unit price agreed in the Offer.
2.3. The Executor has the right to add expenses to the agreed price which have been caused by:
– Defective and substandard material brought by the Client;
– Corrections and alterations made by the Client after the written Order has been submitted;
– Delays, corrupted print file fixing and approving by the Client;
– Subsequent additional Client demands not included in the Offer – proofs, print or colour samples etc.;
– Increasing the circulation of the Order.
3. Deficient Work
3.1. Provided that there is no additional quality requirement arising from the quality of the Work, the circulation may include up to 0.5% of printed matter that does not meet the standards of the Order.
3.2. The Client does not have the right to a discount or to waive the printed matter, if:
– The defect is caused by an incorrect model or corrupted source materials provided by the Client; corrections made by the Client which could be interpreted differently or a mistake that has not been corrected on the print approved by the Client;
– There is a minor difference from the given proof or a paper sample, approved sample print or similar. The paper is considered to match the sample if it has the same type mark of the paper industry as the sample. In the absence of a proof, the Client will be liable for the balance of colours.
3.3. If the Client does not follow the schedule for submitting materials, the Executor will print the resulting late Work at the first available production opportunity. The Executor shall notify the Client of this in writing.
4. Compensation of Loss
4.1. If by fault of the Executor the Work does not meet the standards of the Order, the Executor will either redo the Work according to the Order, reduce the price of the Order or return the paid contractual price, as agreed by the Parties in writing.
4.2. The Executor is not liable for any indirect loss caused to the Client, such as loss of profit, disruption in their economic activities or loss caused to a third person.
5. Complaints
5.1. The Client has the right to submit complaints about mistakes made in executing the Order:
– In the case of the completion of the Work being delayed, within 4 days of learning of the delay;
– In the case of serious mistakes in the production, within 3 days of receiving it, or after the Client should have received the production according to the Agreement or inspected it on site. Substandard production must be returned to the Executor within 14 days.
5.2. Production claimed to be substandard must be inspected in the presence of both Parties and appropriate documentation has to be drawn up on the results of the inspection. The Client does not have the right to submit complaints about print quality after the expiration of the aforesaid deadline.
6. Force Majeure
6.1. Strike, work stoppage, fire or any other compelling force beyond the control of the Executor or a Subcontractor is considered to be force majeure. Force majeure frees the Executor from having to comply with the deadline.
6.2. A shortage of workforce or raw material, mechanical failure, legislation or other unforeseeable compelling and credible reasons beyond the control of the Executor or a Subcontractor also give the right to postpone the deadline of the Order.
6.3. If a case of force majeure complicates the execution of the agreed Work technically or economically inasmuch that the Client, the Executor or the Parties together are no longer interested in fulfilling the Order, the Client or the Executor has the right to terminate the Agreement fully or the part which has not been realised. In such a case the Client has no right to demand compensation of the caused loss, except the return of property which was given to use.
6.4. The party whose activity is impeded by force majeure is obliged to notify the other party at the first opportunity.
7. Terms of Payment
7.1. If the completion of the Work is delayed due to the Client, the Executor may prepare a separate invoice for the actually executed Work.
7.2. If the Client delays payment, the Executor may keep the finished product or source materials in their possession until the entire sum has been paid.
7.3. The Executor may use the production ordered by the Client as a deposit for their debt and realise it to cover the debt.
7.4. In the case of a delay of payment, the Executor is entitled to demand and the Client is obliged to pay a contractual fine for delay of 0.1% on overdue sums for every delayed calendar day. In the case of a delay of payment of over 15 days, the Executor is entitled to demand and the Client is obliged to pay a contractual fine for delay of 0.5% a day on overdue sums for every delayed day. On payment of debt, fines are taken into account first, fines for delay second and the principal debt third.
7.5. If the Client delays payment for over 30 days, the Executor is entitled to assign the claim against the Client to the debt collecting agency for collection. The Client is obliged to pay all expenses arising from the collection. If the Client does not pay the invoice on time, the Executor may pass on (sell, pledge) the right of claim to third persons at their own discretion.
7.6. The Client secures the implementation of responsibilities taken with the Agreement with all of their fixed and current assets.
8. Ownership and Liability
8.1. Tools and other materials purchased or manufactured for the intermediate results of the Work of the Executor are the property of the Executor.
8.2. Materials given into the possession of the Executor for the Work by the Client are the property of the Client, which the Executor will return to the Client upon the completion of the Work, except in cases specified in clauses 7.3 and 7.4
8.3. The Executor does not guarantee the preservation of the initial quality of the materials given into their possession.
8.4. Responsibility for the product will go to the Client at the time of delivery. Time of delivery is the time the Client or some person authorised by them receives or according to the Agreement should have received the product. Ownership of the goods will transfer to the Client when the whole transaction price and other expenses that may have arisen have been paid, unless otherwise agreed.
8.5. The Client must notify the Executor in advance if the materials given into their possession have great value. The Executor is not liable for any responsibilities resulting from the legal relationship between the Client and a third person.
8.6. The Client is responsible for ensuring the copyright or other rights of third persons related to the production of the Order.
8.7. Ownership of the Order belongs to the Executor until the Order has been paid for in its entirety.
9. General Rules
In the case of the obligation to assign specific printed matter to libraries (Deposit Copy Act) or other similar obligations, the Executor will produce deposit copies in addition to the circulation specified in the Order at the expense of the Client and will deliver them to the prescribed addressees at the expense of the Client.
10. Settlement of Disputes
Disputes between the Executor and the Client will be settled with the agreement of the Parties. If no agreement is achieved, the dispute will be presented to the Harju County Court for settlement.
