Terms & Conditions
Acceptance of orders
a) The Red Studio contracts for the supply of goods and/or services only subject to these terms and conditions and all terms and conditions in the customer's order or enquiries inconsistent therewith shall be of no effect.
b) The terms and conditions herein shall constitute the entire agreement between The Red Studio and any modification to these conditions will be binding only if it is evidenced in writing signed by a director of the company and such evidence contains specific reference to those conditions being modified.
c) Acceptance of the customers order takes place when an order confirmation - email/fax/written is despatched to the customer, or preliminary work is undertaken on the customers instructions.
d) We reserve the right to decline any order without giving any reason.
Payment for accepted orders must be in the currency agreed on the order confirmation or other written communication sent to the customer from ourselves detailing the order - fax/written/email. Without this written notification Ringgit Malaysia must be assumed.
The Red Studio disclaims to the maximum extent permitted by law all representations, warranties (express or implied) regarding products, services, quantities, pricing, graphics, software, information, published on our web site, in our buying guides or in any other form or location. Data is constantly updated and therefore is not necessarily accurate, current or complete.
Provision of the products, services, software, information is on an "as is" basis. In particular The Red Studio disclaims without limitation, warranties of merchantability, fitness for purpose, non infringement.
All work carried out, whether experimentally or otherwise, at customer's request shall be charged.
Supply of Design Data
A charge may be made to cover any additional work involved where the design data supplied or specified is not clear, legible, or in the prescribed format/specification to produce satisfactory results.
Where design data is so supplied or specified, responsibility will not be accepted for imperfect work caused by defects in the supply, format or specification.
Where we are aware defects in the data are so severe and cannot be remedied we will halt further processing awaiting your instructions. The work to this point will be chargeable.
Proofs of all work may be submitted for customer's approval and we shall incur no liability for any errors not corrected and communicated by the customer in proofs so submitted. Customer's alterations and additional proofs necessitated thereby shall be charged extra.
Designs are usually archived on CD-ROM so enabling us to reprint, amend or extract data from previous orders. Retrieval and amendment of the designs is a chargeable service. We make no guarantee that files will be archived.
Unless negotiated and agreed in writing, the copyright of General Artwork, Commissioned Artwork and Illustrations belongs to The Red Studio, except where the whole printed product design is uploaded, transferred to us by the customer or designed by the customer using our web design software - without reference to any standard backgrounds, drag and drop items. The customer shall be responsible for all the design data they supply. He/she should obtain the necessary authority to reproduce picture, artwork, photographs, logos etc. The customer will indemnify us and our agents from any claim arising thereof. Website content (excepting previous), design, software are copyright The Red Studio or its partners.
Unless otherwise specifically requested in writing all designs will carry our company imprint which will be positioned at our discretion.
Delivery and Payment
These services rely on the customer not delaying the progression of the order in any way, e.g. not returning proofs on time or failing to make payment. In such circumstances The Red Studio will still make the premium surcharge, but will not be bound by any guarantee. We entrust delivery of your goods to third party carriers, whose services we select on the basis of value for money. Their performance is carefully monitored and if we find they are falling short of their advertised claims and the situation cannot be remedied we will cease to use their services. The percentage of failures to successes in meeting service levels are contained within reasonable limits and if your goods do not arrive on time this is a regrettable but not usual event for which we will not be held liable.
(a) Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due.
(b) Unless otherwise specified the price quoted is for delivery of the work to the customer’s address as set out in the order. A charge may be made to cover any extra costs involved for delivery to a different address.
(c) Should expedited delivery be agreed, extra may be charged to cover any overtime or any other additional costs involved.
(d) Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days we shall then be entitled to payment for work already carried out, materials specially ordered and any other additional costs including storage.
Before any work or design is commenced a 50% deposit is required, of the full amount agreed. The Red Studio will not be held responsible for any delay in the start of work due to late payment of the deposit.
Variations In Quantity
Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins for 5 per cent for work in one colour only and 10 per cent for other work being allowed for overs or shortage (4 per cent and 8 per cent respectively for quantities exceeding 50,000)
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to us and the carrier within three working days of delivery ( or in the case of non-delivery within 28 days of despatch of the goods ) and any claim in respect thereof must be made in writing to us and the carrier within seven clear days of delivery( or in the case of non delivery, within 42 days of despatch ). All other claims must be made in writing to us within 28 days of delivery. We shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (I) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
Limitation of Liability
a) The sole liability of The Red Studio in respect of any defect in, or failure of any goods or services supplied or for any shortage in the quantity of goods delivered or for any loss, injury attributable directly or indirectly thereto (other than in respect of death or personal injury) is limited to i) making good by replacement or ii) repairing defects or failures which under proper use appear therein.
b) Without prejudice to the foregoing, The Red Studio shall in no circumstances be liable - i) for any indirect or consequential loss (including without limitation loss of production, loss of profit or liability to third parties) suffered or incurred by the customer. ii) for any loss or damage in excess of the contract price for the goods or part thereof in respect of which a claim is made. We shall not be liable for any loss to the customer arising from delay in transit of their goods.
(a) Except in the case of a customer who is not contracting in the course of a business or holding himself out as doing so, customer's property and all property supplied to us by or on behalf of the customer shall while it is in our possession or in transit to or from the customer be deemed to be at customer's risk unless otherwise agreed and the customer should arrange insurance accordingly.
(b) We shall be entitled to make a reasonable charge for the storage of any customer's property left with us before receipt of the order or after notification to the customer of completion of the work.
Materials/data supplied by the customer -
(a) We may reject any paper, plates, data, media or other materials supplied or specified by the customer which appear to us to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged
(b) Responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
(c) Quantities of materials supplied shall be adequate to cover normal spoilage.
Credit terms - For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt at 2% above the Local base rate at the time and an administration fee to cover the debt recovery costs.
If the customer ceases to pay his debts in the ordinary course of business or cannot pay his 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 him, we without prejudice to other remedies shall (I) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to us, and (ii) in respect of all unpaid debts due from the customer we have a general lien on all goods and property of his in our 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 we think fit and to apply the proceeds towards such debts.
(a) We shall not be required to print or design any matter which in our opinion is or may be of an illegal or libellous nature or any infringement of the proprietary or other rights of any third party.
(b) We shall be indemnified by the customer in respect of any claims costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design of or any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.
Full Colour Printing
Every effort will be made to obtain the best possible colour reproduction on customer's work but because of the nature of the processes involved, we shall not be required to guarantee an exact match in colour or texture between the customer's photograph or transparency, monitor display - local or over the internet, colour proof and the printed article.
We shall be under no liability if we shall be unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power of supply, lock-out, strike or 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 customer may by written notice to us elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of Malaysia.