Terms and Conditions of Lettertec Ireland Limited

1 General

In these Terms and Conditions (“Conditions”) unless the context otherwise requires, the following definitions and rules of interpretation apply:

  • Definitions:

“Contract” means any Publishing Agreement entered into between the Purchaser and Lettertec for the supply of Services following Lettertec’s written acceptance of an Order from the Purchaser in accordance with these Conditions.

“Data Protection Laws” means the Data Protection Acts 1988 to 2018, the GDPR and all other data protection legislation applicable in the State from time to time including without limitation, where applicable, the guidance and codes of practice issued by the Office of the Data Protection Commissioner

“Force Majeure” means in relation to either party, any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lockouts or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of supplies or subcontractors.

“Intellectual Property” or “IPR” means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

‘Lettertec’, ‘we’, ‘us’ and ‘our’ each mean Lettertec Ireland Limited. Lettertec is a company incorporated under Irish law and registered with the Companies Registration Office under number 95812.

“Order” the Purchaser’s order for Products and/or Services.

“Person” means any individual, partnership, firm, trust, body corporate or incorporate, government or government body, Licensor or agent.

“Price” means the price payable by the Purchaser for the supply of the Services in accordance with Clause 3.

“Product” means any product of Lettertec in whole or in part supplied or to be supplied by Lettertec to a Purchaser pursuant to a Contract.

“Publishing Agreement” the agreement entered into between Lettertec and the Purchaser providing for printing and cover design services to be provided by Lettertec to the author in accordance with these Conditions.

“Purchaser” means any Person who purchases the Products of Lettertec subject to these Terms and Conditions and to the Publishing Agreement.

“Purchaser Delay” means a Purchaser’s failure to provide or delay in providing any documentation or information necessary to enable Lettertec to fulfil the order and/or a Purchaser failing to collect the work by close of business on the day on which Lettertec are contractually obliged to have the order ready for collection.

“Services”the printing and cover design services, including the Products, supplied by Lettertec to the Purchaser as set out in the Publishing Agreement.

  • Interpretation:
  • Unless the context otherwise requires, words importing the singular include the plural and vice versa. Words importing the masculine include the feminine and words importing persons include corporations.
  • The Purchaser acknowledges that in concluding any Contract with Lettertec pursuant to these Terms and Conditions that it is acting in the course of business and not as a consumer, as defined in the Consumer Rights Act 2022.
  • Notwithstanding clause 1.2.3, nothing in these terms and conditions shall seek to remove or reduce any statutory rights of a consumer as prescribed by the Consumer Rights Act 2022.
  • These Conditions are, where applicable, to be read and interpreted in conjunction with the Publishing Agreement entered into by the Purchaser.
  1. Ordering & Acceptance
  • There shall be no Contract between Lettertec and the Purchaser until the Purchaser’s order is accepted by Lettertec The Order constitutes an offer by the Purchaser to purchase Services in accordance with these Conditions
  • The Order shall only be deemed to be accepted when Lettertec issues written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).
  • These Conditions apply to the Contract to the exclusion of any other terms that the Purchaser seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
  • These conditions are irrevocable and can only be amended with the written consent of the Lettertec.
  1. Pricing & Payment
  • At Lettertec’s sole discretion the price shall be either:
  • as indicated on invoices provided by Lettertec to the Purchaser in respect of the Products and/or Services supplied; or
  • Lettertec’s quoted price (subject to clause 3.2) which shall be binding upon Lettertec provided that the Purchaser shall accept Lettertec’s quotation in writing within thirty (30) days from the date of its issue.
  • Lettertec reserves the right to change the Price in the event of a variation to Lettertec’s costs in connection with the Services.
  • Lettertec reserves the right to change the Price in the event of a variation to the Order at the request of the Purchaser.
  • Lettertec’s quotation does not include work, time or charges outside the scope of the work described in the quotation.
  • When quotations are based on specifications, roughs, layouts, samples or dummies or printed, typewritten or other good copy, any extra work or cost caused by any variation by the Purchaser of his original instructions or by the manuscript copy being, in the Lettertec’s opinion, poorly prepared or by the Purchaser’s requirements being different from those originally submitted or described may be charged to the Purchaser and shown as extras on the invoice.
  • Once accepted by the Purchaser, Lettertec’s written quotation shall be deemed to interpret correctly the Purchaser’s instructions, whether written or verbal. Where verbal instructions only are received from the Purchaser, Lettertec shall not be responsible for errors or omissions due to oversight or misinterpretation of those instructions under any circumstances whatsoever.
  • All work carried out whether experimentally or otherwise at the Purchaser’s request will be charged to the Purchaser.
  • All extra work caused by author’s corrections including resetting and/or the over-running of composition may be charged to the Purchaser and shown as extras on the invoice.
  • Unless otherwise agreed, the Purchaser shall bear the cost of fonts, colour proofs and artwork, specially bought by Lettertec at the Purchasers request in order to fulfil the Order.
  • When style, type or layout is left to Lettertec’s judgement and the Purchaser makes further alterations to same, then this will be invoiced as an extra to the Purchaser.
  • Time for payment for the Goods and/or Services shall be of the essence and will be stated on the quotation, the invoice or any other forms. If no time is stated then payment shall be due to Lettertec within thirty (30) days following the date of the invoice.
  • VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
  • The Purchaser shall pay Lettertec for all work carried out, whether experimentally or otherwise, at Purchaser’s request notwithstanding that such work may be carried out prior to an official order being placed.
  • If the Purchaser fails to pay the total of any sum invoiced by Lettertec on the due date stated on the invoice then Lettertec shall be entitled to:
  1. terminate the Contract with immediate effect and/or suspend any further deliveries to the Purchaser;
  2. appropriate any payment made by the Purchaser to such of the Products (or Products supplied under any other contract between the Purchaser and Lettertec) as Lettertec may think fit (not withstanding any purported appropriation by the Purchaser);
  3. charge the Purchaser interest (both before and after any judgement) on the amount unpaid, at the rate of 5% per annum above the Central Bank of Ireland’s base rate from time to time, until payment in full is made with interest to be charged on a daily basis
  4. Materials supplied or specified by the Purchaser

4.1 Lettertec shall have no liability in respect of any Products or Services which are of less than satisfactory quality as a result of:

(a) materials supplied by or specified by the Purchaser; or

(b) Lettertec following any drawing, design or other specification of the Purchaser; or

(c) fair wear and tear, wilful damage, negligence or abnormal working conditions.

  1. Transfer of Ownership

5.1 The title in the Products shall remain in Lettertec until Lettertec has received payment in full for the Products from the Purchaser.

5.2 So long as the property in the Products shall remain in Lettertec the Purchaser shall hold the Products as fiduciary agent and bailee for Lettertec and shall store the Products so as to clearly show them to be the property of Lettertec and Lettertec shall have the right, without prejudice to the obligations of the Purchaser, to purchase the Products, to retake possession of the Products (and for that purpose to go upon any premise occupied by the Purchaser);

5.3 Nothing in this clause shall confer any right upon the Purchaser to return the Products. Lettertec may maintain an action for payment due notwithstanding that property in Products shall not have vested in the Purchaser.

  1. Risk Loss or Damage

6.1 Notwithstanding that the title in the Products may not have passed to the Purchaser, the Purchaser shall carry all risk of loss and/or damage to the Products from the time when the Products are delivered to the Purchaser.

6.2 From when the risk of loss and damage to the Products commences to be carried by the Purchaser until such time as Lettertec is paid in full for the Products, the Purchaser shall:-

6.2.1 Indemnify and keep indemnified Lettertec against all loss of and damage to the Products and against any reduction in the resale value thereof below the price to be paid therefore by the Purchaser;

6.2.2 Insure and keep insured the Products in an amount at least equal to the price to be paid therefore by the Purchaser;

  • Hold upon trust for Lettertec absolutely all proceeds of such insurance;
  • not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
  • Give Lettertec such information as it may reasonably require from time to time relating to:
  1. the Products and Services; and
  2. the ongoing financial position of the Purchaser.
  3. Delivery and Payment
  • Any times quoted by Lettertec to the Purchaser on receiving an order for delivery are estimates only and Lettertec shall not be liable for failure to deliver within the time quoted. Without prejudice to the generality of the foregoing, Lettertec shall use all reasonable endeavours to meet the delivery estimate.
  • Lettertec shall be entitled to make partial deliveries or deliveries by instalments and these Conditions shall apply to each partial delivery.
  • Without prejudice to the generality of the foregoing, Lettertec shall not have any liability for any delay in performing or failure to perform any of its obligations under the Contract due to any delay or failure on the part of any of its suppliers or for any delay in delivery of the Products that is caused by a Force Majeure Event.
  • Subject to Clause 6 above, delivery of the Product by Lettertec shall be deemed to take place upon collection of the Product by the Purchaser (where the Purchaser is obliged to collect the Product) or (where Lettertec is obliged to deliver the Product) actual delivery of the Product to the Purchaser by Lettertec. Where the Purchaser is obliged to collect the Product, the Purchaser’s failure to collect the Product by the day on which Lettertec are contractually obliged to have it ready for collection, shall be classed as Purchaser Delay.
  • Where Lettertec are obliged to deliver the work to the Purchaser but the Purchaser provides Lettertec with incomplete or incorrect delivery information or the Purchaser is not available to accept delivery, then provided that Lettertec have used reasonable endeavours to deliver the work to the Purchaser, such a failed delivery shall be classed as a Purchaser Delay. In the event that the purchaser is unable to take delivery of the goods as arranged, Lettertec shall be entitled to charge a reasonable fee for re-delivery.
  • Where the Purchaser has requested the company to deliver the Products using a third party, such as its nominated courier, the purchaser is responsible for the delivery instructions and to ensure that delivery can be effected safely and securely. Lettertec takes no responsibility for the Purchaser failing to so do, which can result in theft, loss or damage of any kind.
  • The Purchaser shall notify Lettertec in writing of any non-delivery of the Products within one day of the proposed date of delivery. If Lettertec is satisfied that the Products have not been delivered Lettertec may, at its absolute discretion, wither arrange a replacement delivery as soon as possible or give credit to the Purchaser for such Products.
  • Unless otherwise specified the price quoted is for collection of the Product from our registered office. A charge may be made to cover any extra costs involved for delivery to a different address.
  • Should expedited delivery be agreed, Lettertec shall be entitled to make additional charges on a time and materials basis to cover any overtime or any additional costs involved, including without limitation, the cost of couriers or special delivery post.
  • Should the Services be suspended at the request of or delayed through any default of the Purchaser for a period of 30 days or more, we shall then be entitled to payment for Services already carried out, materials specially ordered and other additional costs including storage.
  1. Tax

8.1 Lettertec reserves the right to charge the amount of any value added tax payable whether or not included on estimates or invoices

8.2 Customs duties, clearance charges or equivalent duties shall be a matter for the Purchaser.

  1. Variations in print quantities

9.1 Every endeavour is made to deliver the correct quantity of Product ordered. The Purchaser is aware that some variation is inherent in the print process and it is understood and accepted by the Purchaser that minor variations to the quantities of the Products, which are in the region of +/- 5%, (“Minor Variations”) may occur and that such Minor Variations shall be deemed immaterial to the satisfactory performance of the Contract. The Purchaser acknowledges that Lettertec shall have no liability in respect of such Minor Variations. The Purchaser shall be liable for the cost of such Minor Variations including the payment for the surplus Product which is produced by Lettertec.

9.2 Save in respect of Minor Variations as set out in clause 9.1, Lettertec’s maximum liability to the Purchaser in respect of variations in quantities which are greater than -5% (“Additional Shortages”) shall be limited to the amount it would cost to produce the quantity of the Product not provided. The Purchaser’s remedy in respect of the Additional Shortages will be at the sole discretion of Lettertec and shall comprise of either a re-print of the entire shortage quantity of the relevant work, to be undertaken by Lettertec within a reasonable period of time, or a credit note from Lettertec.

  1. Printing, Technical Issues and Defects

10.1 All reasonable efforts shall be made to obtain the best possible reproduction of a Purchaser’s work but the Purchaser acknowledges and agrees that a variation is inherent in the print process and it is understood and accepted as reasonable that, Lettertec shall not be required to guarantee an exact match in colour or texture as between the Purchaser’s photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by Lettertec or another party) or any other materials supplied by the Purchaser and Products or Services.

10.2 While every effort is made to produce printing of the highest quality it is inherent in the printing process, especially the digital printing process, that due to technical issues, there may, from time to time, be some or all of toner dots, ink dots, minor deletions, minor black marks and/or minor paper creases, smudges and, drop shadows in the printing produced and visible on the Product. The Purchaser accepts that such occurrences shall not be regarded or accepted as defects of the Product.

10.3 While every effort will be taken by Lettertec to match PMS colours, the Lettertec will take no responsibility for any variation due to substrates, half tones and/or detailed graphics between sale samples (including but not limited to virtual or physical samples) and the Products.

10.4 Lettertec shall be under no liability whatsoever to the Purchaser for any variation (beyond the reasonable control of the Lettertec) in colours between the approved prototype and the Products.

  1. Artwork & Samples

11.1 The quality of the graphics in or on the Product is dependent on the quality of the graphics and artwork provided by the Purchaser. The Purchaser hereby accepts that if an image is supplied by them to Lettertec that is of an insufficient file size to the requested print size then Product will be of substandard quality and finish.

11.2 Lettertec accepts no responsibility whatsoever for the quality of the finished product when the artwork is supplied by the Purchaser.

11.3 Lettertec is under no obligation to provide samples of Products ordered other than by virtual (computerised) sample. Whilst every effort will be taken by the Lettertec to match virtual colours with physical colours, Lettertec will take no responsibility for any variation between virtual sale samples and either the virtual sale sample displayed on the Purchaser’s computer and/or the final product. Should a physical sample be required this will be provided on request by the Purchaser and will be charged for as an extra including return freight, the charge will be contra against final invoice.

  1. Credit Terms

12.1 For invoices not settled within 30 days from the end of the month in which an invoice is issued, Lettertec reserves the right to charge interest on the overdue debt at 2% above the Central Bank of Ireland base rate at the time and an administration fee to cover its debt recovery costs.

  1. Insolvency

13.1 If the Purchaser ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against it, Lettertec, without prejudice to other remedies, shall (i) have the right not to proceed further with the Contract or any other work for the Purchaser and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Purchaser, such charge to be an immediate debt due to Lettertec, and (ii) in respect of all unpaid debts due from the Purchaser have a general lien on all goods and property in Lettertec’s’ possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as Lettertec thinks fit and to apply the proceeds towards such debts.

  1. Copy

14.1 Where any additional Product of whatever nature is necessary as a result of copy supplied by Purchaser not being clear and /or legible, Lettertec shall be entitled to make additional charges on a time and materials basis to cover such additional work.

  1. Proofs

15.1 Proofs of all Products may be submitted for the Purchaser’s approval and Lettertec shall incur no liability for any errors not corrected by the Purchaser in proofs so submitted. Additional charges shall be made for any additional proofs as a result of alterations required by the Purchaser when style, type or layout is left to Lettertec’s discretion, any subsequent changes to such style, type or layout required by the Purchaser shall be subject to additional charges on a time and material basis.

  1. Copyright

16.1 Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by Lettertec (the “Lettertec Designs”) shall vest in and belong to Lettertec notwithstanding that same may be prepared, developed or created by Lettertec for incorporation in to the Purchaser’s Product. Lettertec may use any artwork, illustrations or printing produced by itself for the purposes of promoting itself. The Purchaser shall not copy, issue copies to the public, adapt or otherwise reproduce or claim ownership to the Lettertec Designs without obtaining the prior written consent from Lettertec. If Lettertec consents to the Purchaser copying, issuing copies or adapting the Lettertec Designs, the Purchaser shall ensure that a copyright notice in a form to be agreed in advance with Lettertec.

16.2 The Purchaser shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible materials prior to instructing Lettertec to reproduce the same.

16.3 The Purchaser shall indemnify and hold Lettertec, its agents, and representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any failure to obtain the authorities and consents required pursuant to clause 16.2, for any claim (including but not limited to the defence of such claim) that the reproduction of the materials provided by the Purchaser to Lettertec infringes the Intellectual Property or IPR other rights of any third party or misuses the confidential information of a third party or infringes their data protection rights.

  1. Intellectual Property

17.1 All IPR in or arising out of or in connection with the Services (other than IPR in any materials provided by the Purchaser) shall be owned by and vested in Lettertec and shall only be used by the Purchaser at the Company’s discretion.

17.2 Where any designs or specifications have been supplied by the Purchaser for manufacture by or to the order of Lettertec then the Purchaser grants Lettertec a fully paid-up, non-exclusive, royalty-free non-transferable licence to copy and modify any materials provided by the Customer to Lettertec for the term of the Contract for the purpose of providing the Services to the Purchaser and the Purchaser warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of the Services shall not infringe the rights of any third party and will not cause Lettertec to infringe any patent, registered design or trademark in the execution of the Purchasers Order.

17.3 The Purchaser shall indemnify Lettertec against any claims by third parties for patent, trademark, design or copyright infringement, directly or indirectly arising out of the design, workmanship, material, construction, or use of the Products or Services or any other deficiency therein. Where the Purchaser has supplied drawings, sketches, files or logos to Lettertec, the Purchaser warrants that the drawings, sketches, files or logos do not breach any patent, trademark, design or copyright.

17.4 Lettertec may grant the Purchaser a licence to use its Intellectual Property solely in relation to the operation of the Purchaser’s business however, the Purchaser shall not use nor make copies of such Intellectual Property in connection with any work or business other than the work or business specified in writing to Lettertec and where Lettertec has provided prior written approval to the Purchaser for the use of same . Such licence shall terminate on default of payment or breach of any other terms of these Conditions by the Purchaser.

17.5 Drawings, sketches, painting, photographs, designs or typesetting furnished by Lettertec, and any dummies, models or the like devices made or procured and manipulated by Lettertec and negatives, positives, blocks, engravings, stencils, dies, plates or cylinders made from Lettertec’s original design, or from a design furnished by the Purchaser, to Lettertec remain the exclusive property of Lettertec unless otherwise agreed upon in writing between the parties.

17.6 Sketches and dummies submitted by Lettertec on a speculative basis shall remain the property of Lettertec and shall not be used for any purpose other than that nominated by Lettertec and no ideas obtained therefrom may be used without the written consent of Lettertec. Lettertec shall be entitled to compensation from the Purchaser for any unauthorised use of such sketches and dummies.

17.7 The Purchaser shall have no right or title to data stored by Lettertec on disks or any other electronic form of storage but after a Lettertec agrees to duplicate or transfer stored electronic or like media for use by a Purchaser or other parties authorised to obtain that data, he shall have the right to charge for those services.

17.8 Disks, artwork and film supplied by the Purchaser and/or other authorised persons remain the property of the Purchaser. Unless otherwise indicated in writing Lettertec shall assume these disks, artwork and film to be duplicate copies of the original.

17.9 Where Lettertec has designed or drawn Products and provided Services for the Purchaser then the Purchaser undertakes to acknowledge the Lettertec’s design or drawings in the event that images of the Products are utilised in advertising or marketing material by the Purchaser.

17.10 The Purchaser hereby authorises the Lettertec to utilise images of the Products designed or drawn by the Lettertec in advertising, marketing, or competition material by Lettertec.

  1. Illegal or Defamatory materials

18.1 Lettertec shall not be required to produce or print any matter which in its sole opinion is or may be of an illegal, libellous or obscene nature or an infringement of the proprietary or any other rights of any third party.

  • The Purchaser shall indemnify and hold Lettertec harmless against all liabilities, claims, demands, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by Lettertec by reason of any and all work done by, and any and all materials and services provided by Lettertec at the request of the Purchaser being or alleged to be defamatory or illegal in nature;
  1. Liability

19.1 Lettertec gives no warranties or guarantees or makes representations as to the merchantability or fitness for a particular purpose of any completed work the subject of a Purchaser’s Order. All other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded, to the fullest extent permitted by law.

19.2 Lettertec will not be liable for any loss arising from delay in transit not caused by us, nor do we take responsibility for any delay caused by any courier/delivery service/postal service provider used.

19.3 Lettertec shall not be liable for any indirect, special, incidental, economic or consequential loss or damage including, without limitation, loss or damage incurred as a result of loss of time, loss of savings, loss of data, loss of goodwill, loss of business or loss of profits which arise out of or in connection with the supply of the Products or Services or their use or sale by the Purchaser, except as expressly provided for in these Conditions.

19.4 The total aggregate liability of Lettertec in respect of any and all causes of action arising out of or in connection with the Purchaser’s Order and our performance of Services pursuant to such Order (whether for breach of contract, strict liability, tort (including, without limitation, negligence and, misrepresentation or otherwise) for any loss or damage whatsoever, arising out of or in connection with the Order or otherwise shall be limited to the sums paid to Lettertec by the Purchaser in respect of the Order pursuant to which liability has arisen.

19.5 The Purchaser hereby disclaims any right to rescind, or cancel the Contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Purchaser by the Lettertec and the Purchaser acknowledges that the Products and/or Services are bought relying solely upon the Purchaser’s skill and judgment.

19.6 Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to Irish law, be excluded or limited including for death or personal injury caused by negligence or liability in respect of fraud or fraudulent misrepresentation or a breach of section 10 of the Liability for Defective Products Act 1991, as amended.

  1. Indemnity
    • The Purchaser shall keep Lettertec and/or its employees and agents indemnified from and against all damages, losses, actions, costs, expenses (including, without limitation, legal fees and expenses), claims or demands, fines, penalties and all liabilities whatsoever which maybe made against Lettertec, it’s employees or its agents or which its employees or agents may sustain, pay or incur:-
  • as a result, whether directly or indirectly of the Purchaser’s breach of contract, negligence, breach of statutory duty or other act or omission.
  • in respect of any claim brought against Lettertec by any third-party arising out of or in connection with the production, sale or use of any of the Products or Services including any claims brought for breach of the Data Protections Laws including the Data Protection Act 2018, as amended; or
  • as a result of work done or the supply of any of the Products or Services in accordance with the Purchaser’s specifications which involves the infringement of any Intellectual Property Rights.
  • in respect of any claim, including any action or investigation by a regulatory or governmental authority, arising out of or in connection with the Purchaser’s failure to comply with Data Protection Laws;
  • any action, including any investigation by a regulatory or governmental authority arising out of or in connection with the Purchasers acts or omission or breach of these Conditions, negligence or failure to comply with applicable laws in the performance of the Contract;
  1. Company Imprint

21.1 Unless otherwise specifically requested in writing any work may carry the Lettertec imprint/logo which will be positioned at our discretion.

  1. Data Protection

22.1 By placing an order with Lettertec the Purchaser consents to its details being used internally within Lettertec for accounting and marketing purposes. The details will be kept by Lettertec even after the Purchaser’s trading relationship with Lettertec has terminated. Lettertec may use the Purchaser’s personal data to let Purchaser’s know about goods and services similar to the goods or services provided to the Purchaser previously and any other matters that Lettertec consider to be of interest to Purchasers.

22.2 The Purchaser will ensure that it has all necessary appropriate consents and notices in place to enable lawful collection and sharing of any Personal Data contained in any samples, dummies, drawings, sketches, painting, photograph or designs provided to Lettertec for the purposes of completing the Order and the Purchaser hereby indemnifies Lettertec against all and any damages, losses, actions, costs, expenses (including, without limitation, legal fees and expenses), claims or demands, fines, penalties and all liabilities whatsoever which may be made against Lettertec, its employees and/or agents arising out of the use of the Personal Data by Lettertec strictly for the purposes of producing the Products or Services as requested by the Purchaser in the Order.

  1. Force Majeure

23.1 If either party is affected by Force Majeure it shall forthwith notify the other party of the nature and extent of it the circumstances in question.

23.2 Lettertec shall be under no liability if it shall be unable to perform any obligation which is owed by us to the Purchaser for any reason beyond our control including (without limiting the forgoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, road conditions, strike or any other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the Contract. During the continuance of such a contingency the Purchaser may by written notice to Lettertec elect to terminate the Contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

  1. Termination
  • Without affecting any other right or remedy available to it, Lettertec shall be entitled to terminate a Contract with immediate effect, upon giving written notice to the Purchaser or suspend any further deliveries under the Contract without any liability to the Purchaser and if the Products have been delivered but not paid for, the total price for the Products and Services shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary
  • On termination of the Contract the Purchaser shall immediately pay to Lettertec all of Lettertec’s outstanding unpaid invoices and interest and, in respect of the Products and Services supplied but for which no invoice has been submitted, Lettertec shall submit an invoice, which shall be payable by the Purchaser immediately on receipt;
  • Termination of the Contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
  • Any provision of the Contract that expressly or by implication is intended to have effect after termination shall continue in full force and effect.
  1. Variation to Terms and Conditions

25.1 These Conditions may be amended from time to time. The latest version of these Conditions may be accessed via the Lettertec website.

  1. Arbitration

26.1 If any dispute arises between Lettertec and the Purchaser, it shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims, or disputes shall be submitted to binding arbitration conducted in the Republic of Ireland in accordance with the Rules of the International Arbitration Association.

26.2 The place of arbitration shall be Dublin, Ireland. The language to be used in the arbitral proceedings shall be English. The Arbitration Tribunal shall consist of a single arbitrator appointed by agreement between the parties or, failing agreement between the parties within 30 days for a request for arbitration is made by any party, appointed on the application of any party Chairman for the time being of the Bar Council of Ireland.

  1. Law

These Conditions and all other express terms of the Contracts with Purchaser’s shall be governed and construed in accordance with Irish law. Irish courts shall have jurisdiction in relation to any other matters arising in connection with any Contract between Lettertec and the Purchaser which these terms are incorporated.