MM print services | Print Brokers | Stamford

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MM Print Services Limited Terms and Conditions


1. The Contract

1.1 In these Conditions "the Company" means the Company whose name is printed overleaf;

  • "the Contract" comprises these Conditions and any document referred to overleaf and the particulars shown overleaf and the Company’s Quotation and/or Acceptance of Order Forms;
  • "the Customer" means the person named overleaf placing an order with the Company for the purchase of goods or the provision of services as specified overleaf (together defined as "Goods");
  • "the Premises" means the principal place of business of the Company from time to time;
  • "delivery" and "deliver" in relation to the provision of services shall mean supply.


  • (a) Any quotation given by the Company is open for acceptance for 28 days. A quotation is subject to revision for errors and omissions or due to factors beyond the reasonable control of the Company;
  • (b) The Company will not be held to any price or other details quoted over the telephone. A firm quotation can only be given after receipt and examination of samples and on sight of work.

1.3 This Contract shall not be deemed to have been accepted by the Company until the Company has:

  • (a) received the Customer’s order which, if the quotation has been issued, must be within the specified time and
  • (b) returned the Company’s acceptance of order form or otherwise communicated its acceptance in a manner acceptable to the Customer and until such time the Company shall be under no obligation to the Customer.

1.4 The Contract comprises the entire contract between the Company and the Customer. Any other terms, conditions or provisions whether proposed by the Customer orally or in writing shall be of no effect and the terms of this Contract shall override and supersede any previous agreement or arrangement between the Company and the Customer in relation to the supply of the Goods.

1.5 The Company shall accept the Customer’s order and supply Goods to it or to its order on the terms of this Contract and on none other unless expressly stated in writing and signed by a director of the Company. In particular:

  • (a) no employee, agent, representative or consultant of the Company is authorised to make any representation on behalf of the Company in respect of any matter to which the Contract relates and no such representation shall impose any obligation upon the Company whether in respect of negligence or otherwise;
  • (b) any oral representation made by or on behalf of the Company prior to the date of this Contract shall not form part of this Contract;
  • (c) information contained in the Company’s samples, publicity material, photographs, advertisements and catalogues and in correspondence between the Company and the Customer before the date of this Contract shall not, unless specifically agreed in writing and signed by a director of the Company, form part of this Contract.

1.6 Unless stated in this Contract or expressly agreed in writing and signed by a director of the Company, no term, condition or warranty (whether express or implied ) as to the nature, quality and fitness of the Goods or their conformity with any sample shall be part, or a collateral term of this Contract.

1.7 The Company may assign the benefit of or sub-contract, delegate or transfer any obligation contained in this Contract and may deliver the Customer’s artwork and any other materials to third parties for such purposes as the Company considers necessary. The Company shall not be liable for any loss or damage caused to Customer’s materials by any third party, whether arising out of negligence or otherwise.

The Company shall use its reasonable endeavours to comply with all reasonable directions and instructions given to it by the Customer and the Customer hereby authorises the Company to act upon instructions and directions given to it by any client of the Customer or professional or other adviser of the Customer or any client of the Customer.


2.1 The Company will endeavour to maintain the prices shown overleaf but may alter its prices without notice both before and after acceptance of the Customer’s order to take account of changes in the Company’s costs. All Goods will be charged for at prices current at the time of delivery.

2.2 The Company shall have the right to make a charge at its prevailing rates in respect of:

  • (a) any alteration in or addition to the Customer’s requirements which shall include changes made by the Customer when the style, type, stock or layout is not specified;
  • (b) alterations required after proofing which are not the Company’s responsibility;
  • (c) the Customer’s instructions or lack of instructions;
  • (d) provision of copy by the Customer which is not clear or not legible;
  • (e) the Customer requiring delivery earlier than stated overleaf or before the time the Company would normally deliver;
  • (f) any interruptions, delays, or additional or overtime work arising from causes for which the Company is not directly responsible ;
  • (g) any increase in (or new) tax, duties or levies (including VAT ) imposed on the Goods; and
  • (h) any fluctuations in foreign exchange rates.

2.3 The prices shown overleaf do not include any applicable VAT or other duties or taxes which may be chargeable in connection with the supply of the Goods to the Customer which the Customer shall pay in addition to the price. These prices are (unless otherwise specified overleaf) ex-works the Company and exclude any carriage, packing, insurance, delivery or transportation charges.

2.4 The Customer shall make full payment 30 days from delivery of the Goods.

2.5 If full payment is not made on the due date then interest shall thereafter be payable on the outstanding balance at the rate of four per cent above base rate of Barclays Bank PLC per month (or part thereof) compounded monthly until payment.

2.6 The Customer shall, if requested by the Company, open a confirmed irrevocable letter of credit for payment of the Goods on terms satisfactory to the Company, or make such other provision for payment as the Company requests.

2.7 The Customer shall not be entitled to withhold payment of any invoice by reason of any right of set off or any claim or dispute with the Company, whether relating to the quality of the Goods or otherwise.

2.8 The Company shall have the right to invoice the Customer in respect of a partial delivery of the Goods.

2.9 All work undertaken by the Company at the Customer’s request, including preparation of designs, proofs and experimental work, will be charged for at its prevailing rates.

2.10 The Company shall have right to suspend performance of its obligations under this Contract if it reasonably believes that the Customer will not make payment in accordance with this paragraph 2.

2.11 If by reason of the Customer’s acts or omissions the work to be performed under this Contract is suspended or delayed for seven or more working days, then the Company shall be entitled to be paid on demand at its prevailing rates for work then carried out.

2.12 If the Company shall address or send any invoice for its services to any person other than the Customer this shall be without prejudice to and shall not affect the Company’s right to pursue the Customer in respect thereof.


3.1 The Company may refuse to print any matter which in its opinion could give rise to a claim of the type referred to in paragraph 7.8.

3.2 All materials used in the production of the Goods and all intellectual property rights in such materials shall belong to and vest exclusively in the Company except in the case of materials supplied by the Customer.

3.3 Any materials supplied by the Customer shall be of an acceptable quality to the Company and must be supplied in a sufficient quantity to enable the Company, subject to sub-paragraph 4.2 and to normal spoilage, to deliver the quantity of Goods ordered.

3.4 The Customer’s artwork and any other property submitted to the Company by the Customer will be held, used and worked upon at the Customer’s sole risk and the Customer should insure accordingly.

3.5 The Company reserves the right to reject any paper, plates, artwork or other materials supplied or specified by the Customer which appear to it to be unsuitable. The Company shall have the right to make an additional charge in respect of additional costs incurred if such materials are found to be unsuitable during production.

3.6 Unless agreed by the Company in writing, it shall be entitled to distribute type, and destroy lithograph plates, films, negatives and positives immediately after the order has been executed. The Customer shall pay the Company’s standard charges which it may from time to time impose for the storage of the Customer’s materials and plates and other materials retained after execution of the order at the Customer’s request.

3.7 Where the Customer supplies the Company with machine readable code for the purpose of producing the Goods the following conditions shall apply:

  • (a) the Company shall print the codes or symbols in accordance with generally accepted standards or procedure; and
  • (b) the Customer must satisfy itself that the codes or symbols will read correctly on the equipment likely to be used by the persons for whom the code or symbol is intended; and
  • (c) the Customer shall indemnify the Company against any claim resulting from the codes or symbols not reading correctly.

3.8 Unless the Customer requests otherwise, a proof of the Customer’s work will be made available prior to production. It is the Customer’s duty to ensure that the proof is as specified in all respects. Any alterations or additions requested by the Customer will be charged for at its prevailing rates.

3.9 The Customer shall observe any time or other limit imposed by the Company for the returning of proofs or for any other purpose.

3.10 The Company shall not be liable if the use of the Customer’s own materials results in the production of late or substandard work or for errors after the Customer has approved a proof or authorised production without proofing.


4.1 Dates and times given for completion or delivery of work or any stage of process are given as estimates only and are given on the assumption that the Customer will fulfil its obligations on time. Time shall not be of the essence in the Contract.

4.2 The Company will endeavour to deliver the quantity of Goods ordered by the Customer but may deliver up to 5 per cent over or under the quantity ordered for one colour work and 10 per cent over or under the quantity ordered where more than one colour is used and shall adjust the price for the Goods accordingly. 4 per cent and 8 per cent respectively shall be substituted for the figures in this sub clause where the quantities of one particular type of Goods exceeds 50,000.

4.3 The Company shall pack and secure the Goods in such a manner as to reach the agreed point of delivery in good condition under normal conditions of transport.

4.4 Unless otherwise agreed in writing the Company may use any means it may select for the transportation of the Goods and will deliver the Goods in such batches as it considers expedient.

4.5 If this Contract is for the delivery of Goods by instalments then failure by the Company to deliver one or more instalment shall not entitle the Customer to terminate or suspend this Contract and/or reject those or subsequent deliveries.

4.6 If the Customer agrees to collect the Goods from the Premises, delivery shall be effected and title and risk shall pass when the Goods are handed to the Customer or its carrier at the Premises. The Company will notify the Customer when the Goods are ready for collection and the Customer agrees to collect the Goods within three working days of such notice.

4.7 If the Company agrees to deliver (or to arrange delivery of) the Goods to the Customer’s premises, delivery shall be effected and title and risk shall pass when delivery is tendered at the Customer’s premises during normal working hours.

4.8 If the Customer does not accept delivery of the Goods in accordance with this paragraph 4, then title shall revert to the Company and it may arrange for the storage of the Goods on the Customer’s behalf but without liability for any loss or damage occurring after the agreed delivery date. The Customer shall, in addition to the price, pay on demand all reasonable charges for storage, insurance and transport occasioned by its failure to take delivery.

4.9 No claim for shortages or for non-delivery or for incomplete orders may be made unless the Company is notified within 7 days of receipt of the Goods and in the absence of such notification the Customer shall be deemed to have accepted the Goods.


5.1 The Company does not exclude its liability for death or personal injury caused by the Company’s negligence.

5.2 The Company’s liability to the Customer (other than that arising under 5.1) in respect of any defect or error in Goods shall be limited in all cases to replacing them provided:

  • (a) it receives written notice of the defect from the Customer within 7 days of delivery; and
  • (b) the fault arises from the Company’s faulty processing or use of faulty materials supplied by it; and
  • (c) such error or defect did not arise as a result of:
    • i. faults or defects in the Customer’s artwork or materials supplied by the Customer;
    • ii. The Customer’s failure to notice errors (whether printer’s or otherwise) at proofing; or
    • iii. any other cause outside the direct control of the Company.

5.3 Subject to the provisions of this paragraph 5, and so far as is permitted by statute all warranties, conditions, guarantees or representations, express or implied, statutory or otherwise are hereby excluded, and the Company shall not be liable for any loss, damage, expense or injury of any kind whatsoever, direct, indirect or consequential, arising out of or due to or caused by any defects or deficiencies of any sort in the Goods and whether such defects or deficiencies are caused by the negligence of the Company or its servants or agents or otherwise.

5.4 The Customer acknowledges that it is its responsibility to effect insurance cover in respect of all risks relating to the performance of this contract or to the Goods.


6.1 The Company shall have the right to terminate this Contract forthwith (but without affecting its accrued rights) if:

  • (a) the Customer should commit any continuing or serious breach of this Contract and fails to remedy such breach (if remediable) within five working days of the Company’s notice so to do; or
  • (b) should the Company learn or believe upon reasonable grounds that any of the following events has occurred, or is likely to occur:
    • i. the Customer has a petition presented against it for the appointment of an administrator or for its winding up; or
    • ii. a receiver or an administrator is appointed with respect to the Customer or any of its assets; or
    • iii. distress or execution is levied against any of the Customer’s assets and is not paid or discharged within 7 days or a judgement against the Customer remains unsatisfied for more than 7 days; or
    • iv. a resolution is passed for the Customer’s winding up (otherwise than for the purpose of amalgamation or reconstruction); or
    • v. the Customer suspends payment of its debts or is deemed unable to pay its debts under Section 123 Insolvency Act 1986; or
    • vi. any event in a foreign jurisdiction analogous to, or comparable with, i. to v. above; or
    • vii. the Customer refuses or is unable to meet sums due to the Company when such sums fall due or ceases to be in a position to fulfil its obligations under this Contract; or
    • viii. the Customer ceases to carry on business as a going concern.

6.2 On termination of this Contract for any reason, the Company shall be discharged from any further liability to perform under the Contract.

6.3 If this Contract is for the printing of a periodical the Customer agrees to give the Company not less than 12 weeks notice of termination.


7.1 This Contract is governed by English Law and the parties irrevocably submit to the non-exclusive jurisdiction of the English Courts. If the Customer has no permanent place of business in England and Wales, it will irrevocably nominate a person in England or Wales to accept service on behalf of the Customer.

7.2 Notices given by either party shall be addressed to the other party at its registered office or principal place of business and sent by facsimile, recorded delivery or registered first class post or by airmail where appropriate.

7.3 Any notice posted shall be deemed to have been received 48 hours after posting, and any notice given in any other manner shall be deemed to have been received at the time when in the ordinary course it would have been received.

7.4 Failure by the Company to exercise any of its rights hereunder shall not constitute or be deemed a waiver or forfeiture of such rights.

7.5 Any express or implied waiver by the Company of any provision of this Contract or of any breach or default by the Customer may be terminated by the Company at any time. No such waiver shall constitute a continuing waiver nor shall it prevent the Company from acting upon that or any subsequent breach or default or from enforcing any term or condition of this Contract.

7.6 The Company shall not be liable for failure to perform its obligations, or for loss, damage or delay resulting from any force majeure events such as war, civil strife, lack of energy or raw materials, sabotage, strikes, legitimate lockouts, and all other interruptions of operations beyond the Company’s reasonable control.

7.7 The Customer shall indemnify the Company against all reasonable fees, costs and other expenses (including legal fees) incurred by the Company in enforcing this Contract.

7.8 The Customer shall indemnify the Company against any loss, including the cost of any legal fees on advising on such a matter, it may suffer or liability it may incur in consequence of:

  • (a) any work it carries out for the Customer (and in particular in respect of any action for defamation or any infringement of copyright, patents, registered designs, trademarks or any other intellectual proprietary right);
  • (b) a claim brought by a third party arising out of the Customer’s use, or possession or supply of the Goods;
  • (c) a third party who has been instructed by the Customer to settle the Company’s account going into receivership and being unable to pay.


8.1 The Company is registered under the Data Protection Act 1998.

8.2 The Company may consult or register information about the Customer and the conduct of the Customer’s account with a licensed credit reference agency. The Company may also consult a licensed credit agency about any credit information that they hold on the Customer, or the Customer’s principal directors. The Company will keep a record of that search either on computer or on manual records.

8.3 As part of its marketing policy the Company may send to the Customer from time to time details of its products and services. If the Customer does not wish to receive these details then it should contact the Company by post to the address overleaf or to the facsimile or email address stated overleaf.