Legal draft
Terms and Conditions of Sale
Commercial terms for quotations, artwork approval, bespoke production, payment and delivery.
01
Scope and contract
These terms are intended to apply to business customers purchasing bespoke packaging, design, samples or related goods from Aaron Packaging & Design. A contract begins when APD accepts an order in writing or starts agreed work, whichever happens first.
The accepted quotation, approved specification and any written project terms form part of the contract. If they conflict with these general terms, the project-specific written terms take priority.
02
Quotations and specifications
Quotations are based on the information available at the time, including size, materials, finish, quantity, artwork and delivery destination. Changes may require a revised price or schedule.
Review before publication: confirm how long quotations remain valid.
03
Artwork, proofs and approval
The customer must supply accurate content and artwork, and must have the right to use all names, logos, images and other material supplied. APD may adapt files for production and will provide proofs or samples appropriate to the project.
The customer is responsible for checking spelling, dimensions, colours, layout, barcodes, contact details and all other content. Production may begin after written approval. Corrections after approval may be chargeable and can affect delivery.
04
Colour, materials and quantities
Paper, board, fabric, ribbon, ink, foil and other materials can vary slightly between batches. Screen images are not colour proofs. Reasonable variation in colour, texture, position, dimensions and hand-finished details is inherent in bespoke production.
Manufacturing can result in a quantity slightly above or below the ordered amount. Review before publication: confirm APD's permitted overrun and underrun tolerance and how the final quantity is invoiced.
05
Prices, VAT and payment
Prices, currency, VAT treatment, freight, duties and other charges will be shown or described in the quotation. Unless stated otherwise, a price does not include work or delivery outside the agreed specification.
Review before publication: confirm the deposit percentage, balance due date, accepted payment methods, credit terms and treatment of overdue sums.
06
Production and delivery
Production and delivery estimates normally run from final artwork approval, receipt of required payment, and confirmation of all materials. Dates are estimates unless APD expressly agrees a guaranteed date in writing.
The customer must provide accurate delivery details and arrange access where needed. Freight, customs formalities, duties and delivery terms for international orders are confirmed in the quotation. APD is not responsible for delay caused by the customer, carrier, customs or events outside reasonable control.
07
Risk and ownership
Risk in the goods passes at the delivery point stated in the quotation or agreed delivery terms. Ownership remains with APD until all sums due for those goods have been received in cleared funds, to the extent permitted by law.
08
Inspection, defects and remedies
The customer should inspect goods promptly after delivery and preserve the packaging, samples and evidence of any issue. APD must have a reasonable opportunity to inspect an alleged defect.
If APD confirms that goods do not materially match the approved specification, APD may repair, replace, rework or credit the affected goods as appropriate. This does not cover approved content errors, reasonable production tolerances, misuse, poor storage or normal wear.
Review before publication: confirm the deadline and method for notifying visible damage, shortages and latent defects.
09
Changes and cancellation
Bespoke goods are made for a particular customer and generally cannot be resold. A requested change or cancellation is effective only when APD accepts it in writing. The customer remains responsible for work completed, materials committed, supplier charges and other unavoidable costs.
Review before publication: confirm APD's cancellation stages and charges.
10
Intellectual property and confidentiality
Each party keeps ownership of material it owned before the project. The customer keeps its brand assets. APD keeps its production knowledge, methods, templates and pre-existing design material unless otherwise agreed in writing.
Project-specific ownership and licence arrangements should be stated in the quotation where APD creates substantial original brand or illustration work. Each party will take reasonable care of confidential commercial information received from the other.
11
Artwork and repeat orders
APD may retain approved artwork and specifications to support repeat orders, but the customer should keep its own master copies. Previous availability, pricing, colour and materials are not guaranteed on a later repeat order.
Review before publication: confirm how long APD commits to retaining production artwork, tooling and job records, and any storage or replacement charges.
12
Liability
Nothing excludes liability that cannot legally be excluded. Subject to that, neither party is liable for indirect or consequential loss. APD is not responsible for loss caused by inaccurate customer instructions, unauthorised artwork, approved errors, use outside the agreed purpose, or delay outside APD's reasonable control.
Review before publication: obtain legal advice and confirm APD's appropriate aggregate liability cap and any exclusions required by its insurance.
13
Events outside reasonable control
Neither party is responsible for delay or failure caused by events outside reasonable control, including transport disruption, material shortages, utility or communications failure, industrial action, severe weather, fire, flood, epidemic, war, sanctions, government action or supplier failure. The affected party should notify the other and take reasonable steps to reduce the impact.
14
General and governing law
If one provision cannot be enforced, the remaining provisions continue. A delay in enforcing a right does not waive it. No third party has a right to enforce these terms unless the contract says otherwise.
The contract is governed by Irish law and disputes are subject to the jurisdiction of the Irish courts, unless mandatory law requires otherwise.
FAQs
Terms and Conditions of Sale: common questions
When does production begin?
Production begins after the required artwork and specification approvals, agreed payment and confirmation of materials.
Are website lead times guaranteed?
No. Project dates are estimates unless APD expressly agrees a guaranteed date in writing.
Can bespoke packaging be cancelled?
Only if APD accepts the cancellation in writing. Work completed, committed materials and unavoidable supplier costs remain payable.
Why can finished colour vary from a screen?
Screens are not colour proofs, and paper, board, ink, foil and other materials can vary slightly between production batches.