NEW # DIGITAL PRINT ON ALL MATERIALS

Digital Print Order

In order to simplify the process of ordering digital print products, we offer you the possibility to sign the contract using the internet. You will have to sign only the order form. The rest of the documents, including the „Pas for Press” visa will be communicated via e-mail.

The simplified procedure for Digital Print Orders

1. If you can generate an indicative offer by using the Price Calculator for your desirable products, please send the said offer and the graphic files via e-mail to [email protected]. If the products that you want are not listed on the Price Calculator app, you can send us the product features and you can upload the graphic files by filling up the Call for Tender form. For support and or additional details, you can contact us by phone, at 0755.808.909

2. You will either receive a confirmation for the automatic generate offer, issued by our digital print price calculator – considering the coverage and the technical characteristics – or our technicians will send you an optimized offer, as appropriate.

3. The next step in digital print products order processing – our sales consultants will draw the order form, according to your needs. For more details regarding the unfolding of procedures you can contact us by phone, at. 0755.808.909. For orders placement you can send your requests via e-mail, at [email protected]

4. All you’ll have to do is check and sign the binding order form and give us the „Pass for Press” endorsement via email.

Digital Print Orders – Terms and Conditions

Valid since 25.05.2018

1.    SUBJECT AND DURATION OF THE CONTRACT

1.1. The subject of this contract is the Supplier’s delivery of printing products, screen printing products, advertising/promotional materials, requested by the Beneficiary and accepted by the Supplier via the binding order form, and also provision of related services, useful for manufacturing the ordered products in the best conditions.

1.2. This contract is concluded for an undetermined period of time. The parties can decide anytime to end this contract, by signing an addendum This contract will be in effect as long as the Beneficiary will continue to send Orders to the Supplier.

2.   CONTRACTUAL OBLIGATIONS OF THE PARTIES

2.1.  Supplier’s obligations:

- (the Supplier) is responsible for delivering the ordered products, according to the “Pass for Press” endorsement, as this endorsement was transmitted via e-mail (to the “Pass for Press” endorsement for the attached file/files), on the official e-mail address of the assigned sales representative. Once the “Pass for Press” endorsement is sent, there will be no more changes or alterations permitted to the sent graphic files. If such changes occur, all the additional charges will be covered by the Beneficiary. The initial order could be altered by the Supplier after the layout is first checked (considering, in particular the details regarding the coverage degree for the products executed on digital printers), if the order does not fit with the initial description, and, considering these changes, a new – fair – price will be determined, as well as a new execution term.

- all the characteristics or the products that are to be executed and all the terms, expressed in working days, will be indicated in the Order. If the Beneficiary orders products printed on cardboard or other special materials, the Beneficiary expressly accepts that significant differences could occur – if we refer to the same printed products that use white standard cardboard – differences that are caused by the different textures, colors, cardboard surface treatment, and so on. If the Beneficiary chooses, it can ask for a trial print for a fixed cost of €5 + VAT (for complex orders, like a catalogue that has a large number of pages the price for the „proof” product will be three times the price of that product, as regulated in the order form), plus a fixed transport cost of €5 + VAT. The Supplier will have the right to refuse to execute the proof printed products if the main order (for the entire circulation) is not stamped and signed by the Beneficiary representative or placed via e-mail, according to this contract, and also if he is out of raw material. If the desired cardboard (or the desired media support) is out of stock, the Beneficiary can choose other media support (or even standard cardboard) on which the proof product will be printed;

- if the Supplier, at one point, fails to or delays to exercise any right or privilege granted by this contract, this shall not be considered as a waiver of these rights or privileges;

- if the Beneficiary has any outstanding amounts to the Supplier, the latter should not be compelled to execute new orders, until all the due amounts are paid in full. If the Beneficiary does not fulfill its payment obligations, fully and on time, all of the invoices issued by the Supplier will automatically become due. Also, the Supplier can decide to immediately terminate this agreement, without notifying the Beneficiary;

- The Supplier will send to the Beneficiary, via e-mail, along with the express acceptance of its order, a PDF version of this contract, as in force on the day the initial order was placed. Before placing any order, the Beneficiary should carefully read the entire contract, as is presented on the Supplier web-site. The in-force form of the contract will be transmitted to the Beneficiary along with the express acceptance of its order.

- If after placing the first order, and after receiving the express acceptance of that order, along with the contract (in its in-force form, valid in the day the order was launched), the Beneficiary will place more orders, the contract will not be communicated again, together with the express acceptance of those order, unless the contract has been modified before that second order was placed.

- in the contract (in its in-force form, as presented on the Suppliers web-site) will be mentioned the date on which the contract was last modified. The same date will be mentioned also in the name of the PDF file that will be sent along with the express acceptance of the first order.

- The Supplier reserves the right to unilaterally modify this contract. In order for this changes to take full effect, the contract has to be published on the Suppliers web-site and made available for any interested party. All orders placed before the new version of the contract is published on the Suppliers web-site will be executed according to the rules in force (published on the web-site) at the moment the order was placed by the Beneficiary, as these rules were communicated to the Beneficiary in the PDF version of the contract.

- The Beneficiary will be able to download the in-force form of Contractual Terms and Conditions from the Supplier’s web-site (the in-force form valid on the day that the Order is placed), in order to have a very clear and complete view of its rights and obligations. If the Beneficiary choose to ignore this possibility, it could not use this choice in its defense. The Beneficiary will mention in an express fashion, in the e-mail that contains the “Pass for Press” endorsement that both the moment when it placed the order and when its order was accepted, a copy of the contract (general clauses and conditions) was made available to the Beneficiary, in a way that allows both its storage and its reproduction by the Beneficiary.

2.2.  The Beneficiary Obligations:

- undertakes to provide all necessary information for printing (model, photographs, logos, text, original, photo, floppy disk, CD, DVD or any other material requested), in good time, for the placed Order to be executed

- undertakes to verify all the information resulting from the Supplier’s graphic processing and to confirm the consistency of these information by giving the “Pass for Press” endorsement. If the “Pass for Press” endorsement is not granted, the Supplier is exonerated from any liability regarding the finished products;

- The Beneficiary is legally responsible for the contend and the information submitted to the Supplier in connection to this contract and exonerates the Supplier from any legal liability regarding the final layout

-  The Beneficiary expressly warrants that is fully aware of the provisions of Low No. 8/1996, published in M. Of. No 60 of March 26th 1996 - The Copyright Act and the relevant regulations, as subsequently amended and supplemented – and warrants that is solely responsible for the content of the layout. Also, the Beneficiary guarantees that it lawfully owns all copyright and all related intellectual property rights either on its own behalf or has the necessary permissions from third parties, regarding the final layouts

- The Beneficiary undertakes to provide the graphic files that are to be printed in specific and conform format, fully aware and expressly accepting that the graphic files will be printed as they are sent and that these files will not be verified by the Supplier, unless in the final Order are also mentioned these additional services – verification/processing/graphic optimization;

- if, for various reasons, after the ordered graphic processing services are rendered, the Beneficiary and the Supplier decide that they do not want to proceed with the contract, and the Beneficiary will not order the printed products, the Beneficiary undertakes to pay the full value of the rendered services (graphic services, DTP) and of the raw materials used in the process. For DTP and graphic services, the usual fee is €25 per hour. Also, the Contracting Parties agree that for a regular graphic processing of a single page will be billed 4 hours of graphic services. The value of the services rendered shall be retained by the Supplier from the advance paid by the Beneficiary. Only under these circumstances will the copyright and all rights arising from it be transferred to the Beneficiary

- undertakes to receive the printed product by quantitative and qualitative reception, at the agreed dates, agreed   according to this contract. In case of inconsistent products, with more than 10% errors, the parties will draw a minutes (Appendix 2), in which there will be mentioned the number of returned products, the defects founded, the date and the names of the parties representatives. This minutes will be signed by both parties. The equivalent of the defective products will be returned to the Beneficiary or will be deducted from the invoiced value. The Beneficiary will sign upon receiving the compliant products.

- undertakes to pay any and all due amounts to the Supplier, on the agreed terms and considering the agreed values (in this contract and in the Appendix 1), without any formal notice;

- if the Beneficiary calls for a discontinuation of production or wants to alter the initial specifications of the product after the manufacturing process has started, the Beneficiary will pay  the Supplier the value of labor and materials consumed up to the point of interruption and the difference in price for the new features and or the increase of the initial circulation. If, in order to execute the initial order, the Supplier has established a raw material stock, the Beneficiary will pay in full for that stock, too. The terms agreed for delivery will be altered according to the Supplier’s production availability.

3.   PRICES. PAYMENT OPTIONS

3.1. YES, we, the Beneficiary, are firmly ordering you, in the conditions mentioned above, the following products, according to the Order – Appendix 1, an integral part of this contract!

3.2. The Beneficiary undertakes to pay the Supplier the full exchange value of the Order in advance, when the Order is placed. For orders exceeding €500 plus VAT, the payment method can be changed via Order – Appendix 1. In principle, the Supplier will start the procedures needed to complete the ordered products only after it receives the confirmation that the Order has been paid in full. Also the production period starts with the date of full collection of the due amount. If the parties decide to proceed otherwise, they will agree upon the desired solution via e-mail, fax or in writing, in a way that can prove that the parties have received the mutual notifications.

3.3. If, after signing the Order, the technical characteristics of the ordered products have to be changed, the Supplier reserve its right to amend the prices accordingly, informing the Beneficiary of these changes. The production will start only after the Beneficiary will specifically agree these new conditions, via a new Order – Appendix 1, drafted according to the new specifications.

 4.   CONTRACTUAL LIABILITY

4.1.  If the Beneficiary delays payment, at its own fault, the Supplier reserve its right to request and receive from the Beneficiary penalties of 0,5% related to the amount due and unpaid, for each day of delay. The total amount of penalties can exceed the amount to which it relates. .

4.2.  If the Supplier delays the delivery of ordered products, at its own fault, the Beneficiary reserve its right to request and receive from the Supplier penalties of 0,5% for each day of delay.

4.3.  If the Beneficiary does not perform all or in part its contractual obligations, the Supplier reserve its right to request and receive from the Beneficiary compensation for both the damage caused and the unrealized benefit

5.   DELIVERY CONDITIONS

5.1. The ordered products will be delivered to the Beneficiary only after full payment of the price or after presenting the payment document for the full price amount (calculated according to the Order – Appendix 1). Same tax will be applied for each delivery - €5 plus VAT.

5.2.  The execution term will be set in each Order – Appendix 1. This term can vary with a a maximum of two days – this difference is expressly accepted by the Beneficiary by agreeing to these contractual terms and conditions.

6.   CONTROL AND RECEPTION OF PRODUCTS

6.1. The Supplier will deliver the ordered printed products, according to the conditions of the present contract.

6.2. The Beneficiary undertakes to receive the ordered printed products by quantitative and qualitative reception. Any and all further complaints are null and void. The acceptance of the ordered products will be concluded when the invoices, cargo manifest (or other kind of document used by the courier or cargo company) are signed. If the Beneficiary does not challenge the invoices received by its employee or received via e-mail or fax within 24 hours upon receiving, those invoices will be deemed as accepted by the Beneficiary, even if they have not been signed by the legal representatives of the Beneficiary and/or are not stamped by the Beneficiary.

6.3. The production processes and procedures can lead to variations up to 10% relative to the initial ordered circulation. These variations are accepted by the Beneficiary – the invoice will be drawn and paid accordingly, and also the reception of products will take place accordingly.

6.4.  If, for technical reasons or for reasons not attributable to the Supplier, the manufacture of the products is delayed with more than 5 days, the Order is considered cancelled. The Supplier will have to fully return the amounts paid. If the aforementioned reasons are surpassed, the Beneficiary can place again the initial Order.

7.   FORCE MAJEURE

7.1. Contractual liability is waived if the non-execution or inappropriate performance of the abovementioned obligations has been caused by force majeure, as this force majeure is defined by law

7.2. The party invoking force majeure has to notify the other party within 5 (five) days about the occurrence of the event and to take all necessary measures to limit its consequences 7.3. If the force majeure is extended for more than 3 (three) months, the parties have the right to notify their termination of the contract, without any damage

8.   TERMINATION OF THE CONTRACT

8.1.  This contract will be considered terminated if:

- The conditions for termination or cancellation, as they are set out in this contract, are met;

- The parties have failed to abide to their obligations, as mentioned in the contract, and did not tried to remedy the irregularities pointed out by the other party within a week of receipt of notification.

- In case of bankruptcy or liquidation by court order of one of the Parties.

- By its cancellation, either by the Beneficiary or the Supplier. In this case, the cancellation should be notified to the other party with exactly 30 days before the day that the contract will be terminated.

8.2.   Termination of the contract will have no effect on the obligations already existing between the Contracting Parties 8.3.   The provisions of this chapter do not remove the liability of the party that guiltily caused the cessation

9.   NOTIFICATIONS

9.1. In the Contracting Parties' submission, any written notice, notification by the parties, an addendum to this contract as well as any other document are considered valid if they are forwarded to the postal address, email, telephone or fax number provided in last placed Order (Appendix 1). The contact details mentioned in the last placed Order are subject to changes, the Beneficiary can send these new details to the Supplier.  The Parties undertake to keep the email, telephone, and fax available, as well as to communicate in writing within 5 days any changes regarding their contact details

10.   APPLICABLE LAW. RESOLUTION OF DISPUTES

10.1. This contract is subject to the Romanian law.

10.2. If the disagreements will not be settled in an amiable fashion, they shall be referred to the competent courts of law residing in Bucharest.

11.   FINAL CLAUSES

11.1. This contract is valid for an indefinite period.

11.2. The value of this contract is the total value of orders placed in the last 24 months.

11.3. The Beneficiary will not have the right to assign the rights under this contract to a third party unless the Supplier will grant its agreement in writing.

11.4. If one clause or a part of this contract will be declared void, the other clauses and parts of the contract will remain valid and will continue to take full effect.

11.5. The Supplier can apply its own individualization stamp/mark on the products delivered to the Beneficiary

11.6. In order to fulfill its contractual and legal obligations, GLOBAL PRINT BDV S.R.L. is processing personal data, according to the legislation in force, during the execution of the contract as well as 3 years after its conclusion. By signing or agreeing to this contract, you expressly agree to such personal data processing.

11.7. This contract will produce legal effects starting the day when the first Order (Appendix 1) is signed. This contract will be considered lawfully concluded when the first Order (Appendix 1) is signed and stamped.

 
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