conditions of purchase and sale
1. General Terms
1.1. The present terms & conditions apply to the sale and delivery of goods from Printela UAB, VAT no. LT599380811 (Printela) to the contracting entity (the Customer), unless otherwise agreed in writing between Printela and the Customer, notwithstanding any opposing or differing provisions in the order or acceptance made by the Customer, or other documents done by the Customer. Printela reserves the right to change the terms & conditions and the most current terms & conditions can be found at lprint.com.
2.1. All prices are stated EUR unless otherwise stated in the order confirmation and invoice, which is sent electronically to the Customer’s e-mail address for orders and delivery respectively.
3.1. The Customer’s payment must be made in net cash within 14 days of the invoice date, unless otherwise stated in the invoice. If payment is not received within the abovementioned timeframe, customer’s order will be cancelled.
3.2. The Customer has an option to pay by card (Visa, Mastercard, Maestro, American Express) when buying Printela’s products and services online.
3.3. Printela has the right to demand payment in advance for goods and related services if it deems it necessary.
4. Delayed Payment
4.1. In case of late payment, interest is calculated per commenced month by 2%. Debiting interest rates does not mean that the maturity period is postponed.
4.2. In case of late payment, Printela reserves the right to terminate the agreement on the sale of goods and / or related services that have not yet been delivered to the Customer. The right is reserved in addition to the other breach powers.
5. Offers & Orders
5.1. Printela’s offer is valid for 30 days from the date the offer is dated, unless otherwise stated in the offer.
5.2. Printela’s order confirmation is binding if the Customer does not state otherwise in writing within 2 working days of receipt of the order confirmation.
6. Property rights, Copyrights etc.
6.1. Sketches, layouts, drawings, text proposals, templates, softproofs and the like, regardless of the technique used to manufacture them, and in whichever way they are stored, belong to Printela and must not be handed over to third parties without Printela’s approval.
6.2. What Printela has provided or allowed to be used for delivery, be it processed or intermediate products, such as reproduction and printed media, regardless of the method of manufacturing and in whichever way they are stored, tools such as cutting tools, embossing clichés or printing forms are the property of Printela and cannot be required to be handed over to the Customer after the work has been carried out. This applies regardless of whether the abovementioned products provided are invoiced.
7.1. Delivery takes place at the agreed time. If no delivery time is agreed upon, delivery will take place when the supplier’s work is complete.
8.1. If a delay occurs, the Customer is only entitled to cancel the agreement if, at the time of the conclusion of the agreement, he has clarified the importance of delivery being done at a specific time. In other cases, there is no delay unless delivery takes place more than seven (7) business days after the Customer makes a request for this by written notification to Printela. The Customer has no other rights in connection with delayed delivery.
8.2. If Printela expects a delay in the delivery of the goods or related services, Printela is obliged to inform the Customer thereof and at the same time the reason for the delay, and new expected delivery time.
8.3. If timely delivery is prevented by conditions of Customer’s place of delivery, Printela reserves the right to demand an extension of time and cost compensation.
9. The Risk of Accidental Damage
9.1. The Customer undertakes the risk upon delivery of the goods. This applies regardless of whether Printela has fully or partially undertaken to pay shipping costs, etc.
9.2. Storage of the goods at Printela, at the Customer’s request, is at the Customer’s risk.
9.3. Printela is obliged, at the Customer’s request and at his expense, to take out the preferred transport insurance.
10.1. The Customer is liable for errors in the delivery, which the Customer has not complained about in writing in connection with proofreading, proofing or print test.
10.2. Minor deviations from the approved test or agreed specification do not entitle the Customer to a price reduction or to refuse to received order.
10.3. Printela is entitled to deliver quantities that differ from the ordered by up to 10% for adhesive labels (per design, per type) and up to 10% or 500pcs., whichever is larger, for flexible packaging (per design, per type). The quantity actually delivered is charged at the agreed unit price.
10.4. When the product, design files, proof of print or outcome test has been delivered to the Customer, he is obliged to examine it immediately. Errors discovered in this investigation must be notified in writing to Printela immediately. Errors discovered or ought to have been discovered by the Customer during the investigation cannot be held liable for subsequent complaints.
10.5. If a defect can be remedied without any particular inconvenience to the Customer, it must tolerate that Printela will remedy within a reasonable time.
10.6. It is the Customer’s responsibility to ensure that the goods can be used for the specific purpose that is intended. The Customer bears the responsibility for any deviating use.
10.7. Printela is not responsible for failure of the goods that arises as a result of the Customer’s incorrect storage or usage.
10.8. Return of the goods to Printela in the event of cancellation or redelivery will be at the Customer’s expense.
11.1. In the event of a delay and in the event of defects in the delivered goods, Printela has no responsibility for any circumstances that Printela does not control, such as fire, water damage, natural disasters, war, mobilization or unforeseen military calls of similar magnitude, requisition, seizure, riot, disturbance, currency restrictions, lack of means of transport, general scarcity of goods, restrictions on energy supply, export and import ban and other force majeure situations.
11.2. In the event of a delay or in the event of defects in the delivered goods, Printela shall not be liable for operating losses, loss of profit or other indirect losses, including losses as a result of the client’s legal relationship with third parties, cf. 11.3.
11.3. Printela is not liable for the Customer’s lack of legal rights to reproduce or publish texts, drawings, patterns, illustrations, trademarks, other business characteristics and other goods including design or other that may be subject to the rights of third parties. If Printela is liable to third parties in connection with the Customer’s lack of legal rights to exercise the third party’s rights, the Customer shall indemnify Printela for such liability.
11.4. Printela has no liability for loss or damage to property, such as original materials, etc. which are not Printela’s, but which are left to it by the Customer for storage, including storage of works performed by Printela. The Customer must himself insure the item against damage. If the material has to be returned, this must be clearly stated when delivering the material – for this it must be delivered with stamped return packaging.
12. Liability for Goods’ Damage (Product Liability)
12.1. Printela is only liable for personal and property damage if it is proved that the damage is due to errors or negligence committed by Printela or others for which it is responsible.
12.2. In no event shall Printela be liable for any operating loss, loss of time, loss of profit and similar indirect losses, including loss of production, sales, profit, time or goodwill, or other financial consequential loss, unless caused intentionally or by crude negligence. Thus, Printela is not liable for losses caused by accident, accidental damage or negligence on the part of Printela or its employees or subcontractors, which cannot be described as crude.
12.3. The Customer shall indemnify Printela to the extent that Printela is liable to third parties for such damage and loss for which Printela is not liable to the Customer under these terms & conditions.
13.1. Printela is entitled to have the work done in whole or in part by subcontractors inside and outside of Lithuania.
14.1. Printela is entitled to use the Customer’s trademark, logo or the product delivered to the Customer, on its website and other marketing material. However, these may only be used as a reference and must never be transferred to Printela as its own business characteristics.
15. Applicable Law & Jurisdiction
15.1. The parties’ legal relationship is governed by Lithuanian law. Any dispute arising between the parties can only be brought before the Courts of Republic of Lithuania. However, Printela is always entitled to sue the Customer at the Court that has jurisdiction at Customer’s place of business.