General Terms and Conditions of Sale and Special Terms and Conditions of Pulsio Print
A major world printer with its own 12,000 m² production base in Europe and 120 employees, Pulsio has extensive print equipment and a range of finishing tools, including a complete production line for hardcover books. Thanks to its web-to-print software (Innovation Award 2019), Pulsio Print offers its customers optimized service, lower prices and more environmentally-friendly production (reduced waste).
For 20 years, over 2,000 publishers, companies, agencies, authors and designers entrusted us every year with their printing projects. Our customer advisors will guide you through your order from A to Z.
Article 1- Order taking and Contracts
Acceptance of the order implies acceptance of the special terms and conditions of sale.
No special condition may, unless formally accepted in writing by our company, prevail over these general conditions. Offers made by our sales representatives or by telephone do not constitute a commitment on our part until they have been confirmed in writing by Pulsio Print; all orders or services must be confirmed in writing by our customer. Delivery of documents constitutes written confirmation. The order form must specify the delivery address and the invoicing address if they are different.
The customer is also obliged to provide us, at the latest when the order is placed, with an electronic mail address, the technical reliability of which he/she guarantees to enable correspondence to be exchanged.
Article 2- Prices
Quotations are based on a full description of the product and absolutely detailed information that cannot lead to any misunderstanding concerning the exhaustiveness of the parameters of the work such as paper, print run, format, options, etc…
These indications are binding on the parties and offers made on the basis of imprecise data, or in the absence of documents, can only be indicative and in no way engage the responsibility of Pulsio Print in the event of dissatisfaction on the part of the customer.
Any change to the initial order will result in a new quotation being drawn up.
Quotations are valid for a maximum of 15 days. After this period, a new quotation must be drawn up.
Corrections or modifications requested after the work has been completed will be invoiced extra, except in the case of fault on the part of the contractor. If an electronic proof submission remains unanswered for one week, this is interpreted as acceptance and authorises us to debit the work carried out.
Prices quoted or confirmed are in euros and, unless otherwise agreed, are exclusive of VAT.
In addition, we reserve the right to revise our prices at any time if conditions for labour, raw materials, transport, etc. fluctuate.
Article 3 - Order for a third party
In the event that the order is placed by a third party (for example a graphic designer, agency or other intermediary), the latter, by signing the order, assumes the capacity of joint and several debtors with the Customer, as well as all related responsibilities.
Article 4 - Terms of payment
Under no circumstances will an order be considered definitive if it is not accompanied by a signed order form or accepted quotation.
Payment must be made in accordance with the conditions specified by e-mail between Pulsio Print and the customer.
The goods delivered remain the property of Pulsio Print until full payment of the invoice. It is expressly stipulated between the parties that all orders are subject to the following retention of title clause: “The seller retains ownership of the goods sold until full payment of the price in principal and accessories has been made. The delivery of a document creating an obligation to pay (bill of exchange or other) does not constitute payment within the meaning of this clause. Failure to pay on any of the due dates may result in the goods being reclaimed. The above provisions do not preclude the transfer to the buyer of the risks of loss or deterioration of the goods or of any damage they may cause, from the date of delivery”.
Pulsio Print is entitled to demand advance payments, 100% payment in advance and payment guarantees, even after acceptance of the order. In the absence of such guarantees and/or payments, Pulsio Print may suspend the execution and delivery of the order. Costs that have fallen due shall become immediately payable.
In the event of cancellation of an order, after confirmation of the order by email, Pulsio Print is entitled to charge for the paper, cardboard, plates and other supplies acquired for the manufacture of the customer’s order, as well as the costs arising therefrom.
In the event of late or non-payment of a due date, all sums owed by the customer, for whatever reason, shall become immediately payable, without formal notice or any other formality.
In the event of late payment, the interest of 8% above the Bank of England base delivery rate, plus an administration fee of £40 for debts up to £1000, £70 for debts from £1000 to £10,000, and £100 for debts over £10,000 and a debt recovery fee of 10%, will be added to any overdue amount.
In the event of collection by legal action, and irrespective of Pulsio Print’s right to terminate the contract if the Customer does not fulfill all its obligations, compensation of 10% of the amount due, or the actual costs incurred if these are higher, will be payable in addition to the late payment interest.
Article 5 - Force majeure
The occurrence of a case of force majeure likely to delay, prevent or render economically exorbitant the performance of the sale has the effect of suspending the performance of the contractual obligations of Pulsio Print by operation of law.
A case of force majeure is any event of any nature whatsoever that is beyond the reasonable control of either party, such as, in particular, the occurrence of fire, natural disasters, disruption in the supply of raw materials from our suppliers, power cuts or machine breakdowns making it impossible to carry out the work entrusted to us on time, strikes or lock-outs, interruption of means of transport for any reason whatsoever, legal or regulatory provisions affecting the production or delivery of products.
If the event continues for more than three months, Pulsio Print reserves the right to terminate the contract unilaterally and without compensation.
Article 6 - Delivery times
Delivery times are given for information only. Any delay in fulfilling orders shall not be a basis for cancellation of the order, refusal of the goods or entitlement to damages.
Firm delivery dates are subject to a written undertaking by Pulsio Print and are only binding on Pulsio Print if the necessary documents (texts and illustrations, lithos, manuscripts or data carriers, printing orders, customer CDs or other materials, etc.) reach Pulsio Print within the agreed time. The commitment to meet deadlines begins on receipt of the Customer’s print order during opening hours, i.e. Monday to Friday from 9.00 am to 5.00 pm, excluding public holidays. Pulsio Print will not be bound by the agreed delivery times if the print order is not received within the agreed time. A delay in receipt of the final proof will require further written confirmation of a new deadline.
It should be noted that there is no proportionality between the delay in validating a proof and the new deadline proposed by Pulsio Print. If deadlines are exceeded for a reason beyond the control of Pulsio Print: In the event of force majeure, requisition, authoritarian reduction of imports, accident or delay in manufacture by our suppliers, delay in the transport of goods or any other hazard, the customer may not cancel the order or make Pulsio Print liable for any damage that may result.
Delivery will be made to the address specified by the customer and will be deemed to have been made when the order arrives at that address. Pulsio Print cannot be held responsible for any delay in delivery due to an error concerning the planned delivery address or failure to receive the goods (absence at the time of delivery). Additional costs for a second delivery will be charged.
Article 7 - Packaging and delivery conditions
Pulsio Print confirms, at the request of the customer for the order in question, its commitment to respect the delivery charters of distributors and various warehouses. Where specific packaging and/or delivery conditions apply, these must be specified in writing by the parties and confirmed by Pulsio Print.
Article 8- Transport
The price of the Pulsio Print quotation accepted by the Customer is exclusive of tax and includes delivery to the final address, i.e. DAP.
With DDP (Delivered Duty Paid) delivery, all additional customs and import charges such as customs duty, vat, various import taxes, etc. relating to the import of the order shall be borne by the customer.
Exceptionally, Pulsio Print may offer DDP delivery to the Customer and this must be clearly stated in the quotation or confirmed by email.
Pulsio Print accepts no liability for damage, theft or loss or any other hazard affecting the order during transit. The customer is aware of the various risks to which the goods are exposed during transport.
Therefore, no compensation can be claimed from Pulsio Print in the event of damage, theft or loss or any other hazard affecting the order during transport.
However, Pulsio Print undertakes to support and assist its customers in making claims against the transport company. In this case, Pulsio Print requests the open cooperation of its customer who is the victim of a claim to send it all the necessary evidence in order to initiate all the necessary procedures without exceeding 8 calendar days after receipt of the parcel. Detailed information and supporting evidence are required, including the precise number of damaged copies.
In fine, any damage, delay or any other hazard affecting the order caused during transport does not exclude payment of the Customer’s invoice to Pulsio Print. The customer is always obliged to pay its invoice by virtue of the work carried out and given that Pulsio Print’s responsibilities are not engaged.
In the event of loss of the order by the carrier, i.e. the parcel is not delivered to the customer and the location of the parcel is not identified by the carrier within 14 days of the delivery date, Pulsio print, concerned about customer satisfaction, can reprint the order at no extra cost.
Article 9- Refusal to collect order
If the customer, duly warned, does not recover his goods within 10 days, Pulsio Print declines any responsibility and is entitled to invoice and store them at the expense and risk of the customer.
Article 10- Copyright
Copyrights for design and layout services are determined in accordance with the statutory provisions.
Article 11- Ownership of data and customer copyright
Any customer rights to electronic data and copyright are preserved. Unless otherwise agreed, Pulsio Print is not obliged to save, archive or hand over the data made available to it.
Article 12- Reproduction rights
The reproduction and printing of all documents, texts, illustrations, models and the like supplied to Pulsio Print by the customer will only be carried out if the customer owns or has acquired in advance the necessary reproduction rights; this is presumed. This clause also applies to archived data that is reused.
Article 13- Reproduction and processing equipment
The means of reproduction (photographs, data carriers, films, electronic data, compositions, montages, printing plates, etc.), as well as the processing material (cutting dies, embossing plates, etc.) remain the property of Pulsio Print.
Article 14- Additional costs
Additional costs incurred by the customer or an intermediary agent in relation to the offer (compliance for printing, retouching of documents and manuscripts, additional work on data carriers supplied, as well as any errors in the documents supplied) will be invoiced in addition.
Article 15- Industry standard tolerances
The tolerances that are customary in the industry with regard to workmanship and materials are applicable, in particular with regard to cutting accuracy, reproduction fidelity, colours and the quality of the printing media (paper, cardboard, etc.). All tolerances imposed on Pulsio Print by its suppliers (paper, inks, plates, etc.) also apply to its customers.
Printing is carried out according to density standards and in compliance with ISO 12647-2 and Fogra 39 standards.
Article 16- Over or under delivery
The parties hereby acknowledge that the quantity delivered may vary by a maximum of 10% from the quantity indicated in the order for standard productions, and by a maximum of 15% in the case of special production with one of the following options: paper weighing less than 70g, hot foil stamping, selective volume lamination, die-cutting, hard cover with a spine greater than 40 mm or less than 4 mm, hard cover with canvas or offset paper. However, the quantity used for invoicing will be the quantity delivered.
In addition, the pricing of excess print runs will be set by the two parties according to an agreed margin.
Article 17- Equipment supplied
Any material supplied by the customer for the execution of its order must be delivered to Pulsio Print free of charge or according to specific written agreements. The customer is solely responsible for any damage resulting from inappropriate materials (quality and quantity).
Article 18- Complaints
Work delivered by Pulsio Print must be inspected on receipt. All complaints concerning quality and quantity must be made within 8 days of receipt of the goods, failing which the delivery shall be deemed to be in conformity. In the event of a justified complaint, the parties will negotiate a proportionate and reasonable discount. Damage must be rectified within an appropriate period, but may under no circumstances exceed the value of the goods delivered. Pulsio Print has the right to refuse the repair or reprint of the order if it has doubts about the payment of the order and is entitled to demand guarantees in this respect. No refund can be requested from Pulsio Print.
Article 19- Limitation of liability
Manuscripts, electronic data carriers, films, photo lithos, original photographs, etc., as well as stored printed matter and objects supplied will be treated with due care. All other risks must be insured or borne by the customer. Any direct or indirect damage exceeding the value of the goods and which is the subject of a claim for damages shall be borne by the end consumer.
Article 20- Electronic data and data transfer
Pulsio Print accepts no liability for data supplied (print files) that contain errors or are incomplete. Likewise, Pulsio Print accepts no liability for defects in the quality of the printed product resulting from data supplied which cannot be evaluated or used in accordance with standard methods. Furthermore, Pulsio Print accepts no liability for the loss of data in files delivered to it for processing. Its liability is limited to errors committed by it as a result of gross negligence.
Article 21- Languages and idioms used
Pulsio Print cannot be held responsible for the language, grammar and syntax of documents supplied by the Customer.
Article 22- Control and examination documents
The customer must carefully check the control and examination documents (proofs, copies, data, etc.). Any errors must be reported to Pulsio Print and returned with the proof within the agreed deadline. Pulsio Print will not be liable for any errors not reported by the customer. Corrections and changes requested by telephone must be confirmed by the customer in writing within 24 hours, otherwise Pulsio Print will not be liable. If it has been agreed not to submit test and inspection documents or if the customer directly requests proofs or data carriers without such test documents, the customer will bear all risks. Pulsio Print’s liability is limited to serious errors.
Article 23- Retention and archiving of working documents
Unless explicitly agreed, Pulsio Print is not obliged to store and archive working documents. If an archiving contract is attached to the printing contract, archiving will be at the Customer’s expense and risk and will be invoiced separately. Pulsio Print accepts no liability for loss of data or damage to files or working documents.
Article 24- Applicable law and disputes
This general condition of sale of the company Pulsio Print is subject to British Law, as well as to the rules governing the members of the british printing industries federation (BFIP).
In the event of a dispute of any nature whatsoever, the parties must reach an amicable settlement. If an amicable agreement cannot be reached, each of the parties has the right to bring their dispute before the competent judicial authorities on the territory of England.