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U-Print Terms & Conditions

Please read these terms and conditions

MAIN POINTS:

  1. U Print will supply a printer to the customer and the Customer pays just for the toner.
  2. The printer may be used by the Customer as long as they continue to purchase toner from U Print.
  3. The customer agrees to install and leave in place the Print Manager software provided by CW for reporting and reordering purposes.
  4. The printer is covered by maintenance warranty by U Print who will undertake (normal wear and tear servicing) and support throughout the Printers lifetime. However any breakage must be paid for by the Customer. Note: If the Customer also purchases Copy Paper from U Print (and its trading partners) any paper jams requiring a call out are covered, if the Customer uses paper from another source, then paper jam rectification is a chargeable visit.
  5. A Flexible 3 year rolling agreement is formed by accepting these terms. The printer may be returned to U Print at any time (thus ending the agreement).
  6. If the Customers business printing requirements change; U Print may be asked to supply a different machine with more suitable specifications.
  7. The printer remains the property of U Print at all times (it is free on loan).
  8. Shall include installation on two PC's, which is included in the Price. Every extra PC installation there will be a €10 + VAT charge.
  9. Payment must be made by the Customer for toner within agreed terms, otherwise the printer and toner may be removed by U Print.
  10. The below interpretation defines this further.

Read the Agreement

 

1 INTERPRETATION  

1.1 The definitions and rules of interpretation in this clause apply in these terms and conditions (theConditions).

Contract: the contract for the supply of Supplies and/Services between DMG Trading Ltd (trading as Cartridge World and U-Print) a company registered in Cyprus with Co. Reg. No: HE129131,  V.A.T Reg. No: 10129131G, whose registered address is 31, Ayias Phylaxeos, 3025 Limassol Cyprus and the Customer. The Company is herein after referred to as U-Print, the trade name for this product and service. Customer: the person, firm or company who purchases Supplies and/or Services from U Print.

Delivery: voluntary transfer of the Supplies by U Print to the Customer which shall occur at the Customer's premises, or other agreed location.

Price: the monies to be paid to U Print by the Customer for the Supplies and/or Services, or otherwise and shall not be inclusive of VAT, unless otherwise so expressed.

Printers: the computer printers, supplied under the Contract by U Print to the Customer.

Supplies: the ink or toner cartridges, laser drum and other materials supplied to the Customer by U Print (including any part consignments).

Services: the services to be provided to the Customer by U Print under the Contract in regard to maintenance of the Printers.

V A T: value added tax chargeable under Cyprus law for the time being and any similar additional tax.

Headings: in these conditions shall not affect their interpretation.

2 Agreement between U Print and the Customer

2.1 Under the Conditions, U Print agrees to supply the Customer with the Printers, the Services and the Supplies.

2.2 The Customer agrees to accept at least one Printer under the Conditions and to purchase and accept the Supplies, and pay the Price to U Print.

3 Application of the Conditions

3.1 These Conditions shall apply to and be incorporated into the Contract and shall prevail over any inconsistent terms or conditions contained, or referred to, in the Customer's purchase order, confirmation of order, acceptance of a quotation, or specification or other document supplied by the Customer, or implied by law, trade custom, practice or course of dealing.

3.2 The Customer's purchase order, if any, only constitutes an offer by the Customer to purchase the Supplies and/or Services on these Conditions which offer U Print may accept or reject in its absolute discretion.

4 Commencement and duration

4.1 The Contract shall start on the date when the Customer signs the order, invoice or waybill for the Printers, Supplies and/or Services to be supplied to the Customer under the Contract.

4.2 The Contract shall continue in full force from the date in clause 4.1, subject to 30 days prior written notice from the Customer, or until terminated by U Print under clause 10.

5 Obligations of the Customer

5.1 The Customer shall accept the Printers and acknowledges that it obtains no title to the Printers under the Contract or otherwise. The Customer may not dispose of, part with possession or control of, lend, sell or give away the Printers, or create any lien or encumberance over, or otherwise deal with, the Printers.

5.2 The Customer may not relocate the Printers to other premises other than those to which they were supplied, without the prior written consent of U Print.

5.3 The Customer shall protect the title which U Print has to the Printers and shall keep the Printers free from distress, execution or other legal process.

5.4 The Customer shall purchase all their requirements for the Supplies for the Printers from U Print, and the Customer may not purchase from, or install in the Printers, Supplies from any other supplier. The consumption of Supplies by the Customer must substantially comply with the estimate given by them in the usage application form completed by them in order to obtain a Printer from U Print.

5.5 If there is a material variation from the usage estimated by the Customer under clause 5.5, U Print reserves the right to replace or remove the Printers without prior notice to the Customer. U Print may only refund to the Customer the cost of any cartridges or other Supplies so removed or replaced if they are sealed and unused.

5.6 The Customer shall allow access to the Printers for the staff of U Print during the hours of 9am to 5pm, Monday to Friday inclusive.

5.7 The Customer shall locate the Printers in positions suitable for the proper operation of computer printers, and shall not cause or permit damage to them nor allow any person to so do. The Customer shall pay U Print in full for any damage or loss occurring to the Printers.

5.8 The Customer shall insure the Printers for their full replacement cost against fire, theft and other damage or loss, with the proceeds of such insurance policies being payable in full to U Print.

6 Obligations of U Print

6.1 U Print shall supply to the Customer the Printers without payment for the same by the Customer, and U Print shall retain title to the Printers at all times.

6.2 The Printers, Supplies and Services shall be provided by U Print to the Customer as soon as possible after the date in clause 4.1.

6.3 U Print  shall supply to the Customer the Supplies and the Services for which the Customer shall pay U Print the Price contained in the then current price list of U Print consumables which prices shall be up to 40% cheaper than the equivalent OEM product.

6.4 The provision of the Services for the Printers by U Print shall include maintenance, which is included in the Price.

6.5 The Services provided by U Print for the Printers shall include the rectification of faults in the Printers without any additional charge to the Customer, provided that that fault has not been caused by the Customer. If the fault has been caused by the Customer and/or its employees or agents, U Print shall charge the Customer a sum in addition to the Price for the rectification of the fault in terms of a. a call-out charge and b. for parts and labour at the then normal rates of U Print.

6.6 The provision of the Services for the Printers by U Print shall include installation on two PC's, which is included in the Price.  Every extra PC installation there will be a €10 + VAT charge.

6.7 Under the Data Protection Act 2003, Cartridge World ensures that member's details will not be referred or sold to any third party organisations. You may opt out of Cartridge World related promotions or notices by clicking the "Unsubscribe" link on emails or replying STOP to text messages

7. Price and payment

7.1 The Price shall be paid by the Customer to U Print without deduction or set-off.

7.2 The Price will usually be expressed as not including VAT, which U Print shall add to its invoices at the appropriate rate.

7.3 The Customer shall pay each invoice submitted to it by U Print in full by the 13th day after it was sent by U Print (which day shall be the due date).

7.4 Without prejudice to any other right or remedy that it may have, if the Customer fails to pay U Print by the due date, U Print may: a. charge interest on such sum from the due date for payment at the annual rate of 10% above the base lending rate from time to time of Hellenic Bank of Limassol, Cyprus accruing on a daily basis; b. reclaim the Printers, suspend all Services and Supplies until payment has been made in full.

7.5 Time for payment shall be of the essence of the Contract.

7.6 All sums payable to U Print under the Contract shall become due immediately on its termination, despite any other provision.

7.7 U Print may, without prejudice to any other rights it may have, set off any liability of the Customer to U Print against any liability of U Print to the Customer.

8 Risk and delivery

8.1 Risk in the Supplies and Printers shall pass to the Customer on delivery.

8.2 Delivery of the Supplies and Printers shall be at the Customer's premises or as otherwise agreed in writing between the parties.

8.3 Title to Supplies shall not pass to the Customer until U Print has received payment infull (in cash or cleared funds) for the Supplies and all other sums which are or which become dueto U Print from the Customer on any account.

8.4 U Print may at any time require the Customer to deliver up such Supplies and the Printers and, if the Customer fails to do so promptly, enter any premises of the Customer, or of any third party where the relevant Supplies or Printers are situated in order to recover them.

9 Limitation of liability

9.1 This clause sets out the entire financial liability of the U Print (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Customer in respect of: a. any breach of the Contract; b. any use made by the Customer of the Supplies, Services or the Printers or any part of them; And c. any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.

9.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract save that, if the Customer is a consumer, the provisions of sections 2 to 5 and 11M to 11S, in both cases inclusive, of the Supply of Supplies and Services Act 1982, or the equivalent provisions of the Sale of Goods Act 1979 or laws in Cyprus or EU pertaining to warranty, shall not be excluded in any event.

9.3 Nothing in these Conditions limits or excludes the liability of U Print for: a. death or personal injury resulting from negligence; Or b. any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by U Print.

9.4 U Print shall not be liable for any loss of profits or loss of business nor for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

9.5 U Print's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to the Price.

10 Termination

10.1 Without prejudice to any other rights or remedies which the parties may have, U Print may terminate the Contract without liability to the Customer immediately in any event, or on giving notice to the Customer if: a. the Customer fails to pay any amount due under the Contract on the due date for payment and remains in default not less than 7 days after being notified in writing to make such payment; Or b. the Customer commits a material breach of any of the terms of the Contract and (if such a breach is remediable) fails to remedy that breach within 10 days of the Customer being notified in writing of the breach; Or c. the Customer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or otherwise is insolvent.

10.2 On termination of the Contract:

a. the Customer shall immediately pay to U Print all of U Print's outstanding unpaid invoices and interest and, in respect of Supplies and/or Services supplied but for which noinvoice has been submitted, U Print may submit an invoice, which shall be payable immediately on receipt;

b. the Customer shall return all of the Printers and Supplies immediately. If the Customer fails to do so, then U Print may enter the Customer's premises and take possession of them. Until they have been returned or repossessed, the Customer shall be solely responsible for their safe keeping; and

c. the accrued rights and liabilities of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.

10.3 Supervening events U Print shall have no liability to the Customer under the Contract if it is prevented from, or delayed in performing, its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of U Print or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of U Print or their subcontractors.

10.4 Variation U Print may, from time to time and without notice, change the Printers, Supplies and/or Services, provided that such changes do not materially affect the nature, scope of the Supplies and/or Services, or the Price.

10.5 Waiver A waiver of any right under the Contract is only effective if it is in writing and it applies only to the circumstances for which it is given.

10.6 Severance If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.

10.7 Entire agreement These Conditions, and any agreed variations thereof, shall constitute the whole agreement between the parties and supersede all previous agreements between the parties relating to its subject matter. Nothing in this clause shall limit or exclude any liability for fraud.

10.8 No partnership or agency Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party as the agent of the other party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

10.9 Rights of third parties A person who is not a party to the Contract shall not have any rights under or in connection with it.

10.10 Governing law and jurisdiction The Contract shall be governed by, and construed in accordance with, the law of Cyprus. The parties irrevocably agree that the courts of Cyprus shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter or formation (including non-contractual disputes or claims).