TERMS AND CONDITIONS OF SALE

 

1.Definitions

“Uniprint” means the K-1 Uniprint Enterprise Co. subsidiary company selling products to the Customer as identified in Uniprint’s Quotation or Invoice.

“Customer” means the person or legal entity identified in Uniprint’s Quotation or Invoice.

“Contract” means a contract for sale by Uniprint to the Customer of the products and/or services incorporating the Terms and Conditions

 

2.Formation of Contract

2.1 No Contract shall come into existence until the Customer’s order has been accepted by Uniprint. The Customer warrants that it is buying for its own internal use and business purposes.

2.2 The products sold and/or services rendered are subject to the Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by the Terms and Conditions.

 

3.Orders, Price and Payment

3.1 Unless credit terms have been expressly agreed by Uniprint, payment for the products or services shall be made in full before physical delivery of products or services.

3.2 Customer shall pay for all shipping, handling charges, on-site demo expenses such as transportation, lodging, food and any other reoccurring charges that may arise during the on-site demo.

3.3 Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.

3.4 Time for payment is of the essence. Uniprint reserves the right to charge interest at the rate of 15% per annum on sums overdue.

 

4.Software

4.1 All software provided is subject to the terms and conditions of the license agreement relating to that software. Customer acknowledges its obligations to abide by such license agreements. Customer acknowledges that Uniprint does not warrant any software under these Terms and Conditions. All software is warranted in accordance with the license agreement that governs its use.

4.2 All rights, title or interest in respect of the intellectual property rights in the software remain with Uniprint or the licensor of the software at all times.

 

5.Title and Risk

Title to and risk in the products shall pass to the Customer upon delivery of the products to Customer. Title to those products, which are software, shall remain with the applicable licensor(s) at all times.

 

6.Delivery

6.1 Uniprint shall deliver the products to the place of delivery designated by Customer and agreed to by Uniprint (“Place of Delivery”).

6.2 Uniprint may, at its discretion, deliver the products by installments in any sequence. Where the products are so delivered by installments, each installment shall be deemed to be the subject of a separate contract and no default or failure by Uniprint in respect of any one or more installments shall vitiate the Contract in respect of products previously delivered or undelivered products.

6.3 Any dates quoted by Uniprint for the delivery of the products are approximate only and shall not form part of the Contract.

6.4 Shipping of item via courier revoked all the claims and liability to Uniprint. Uniprint shall not be liable for any delay, damage or loss that may arise during the delivery/shipping.

 

7.Acceptance of Products

Unless the Customer notifies Uniprint to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the Price of the Products whilst any claim is being investigated by Uniprint.

 

8.Warranty

8.1 Unless specified otherwise, Uniprint warrants to the Customer that Uniprint branded Products (excluding third party products and software), will be free from defects in materials and workmanship affecting normal use for a period of time from invoice date.

A3 Size Laminator                                                         1 month service warranty

Button Pin Press Machine                                            6 months service warranty

Quaff Heat Press Machine                                           6 months service warranty

Cuyi Heat Press Machine (All sizes)                           6 months service warranty

Cuyi 6-in-1 Heat Press Machine                                  6 months service warranty

Mug Press Machine (Heating motor only)                 6 months service warranty

Plate Press Machine (Heating motor only)                6 months service warranty

Cap Press Machine                                                      6 months service warranty

Maxtech Cutter Plotter                                                 6 months service warranty

Cuyi Cutter Plotter (MK630/MG630)                           6 months service warranty

Silhouette Cameo Cutter Plotter                                  1 year service warranty

Maxtech Heat Press Machine                                       6 months service warranty

PVC Die Cutter                                                               No warranty

Heating Pad                                                                   No warranty

 

PRINTER

EPSON/CANON/HP/BROTHER

 

Printer is covered with 2 years warranty based on the Manufacturers Terms and Conditions.

Note: Using of NON-GENUINE INK will automatically void the warranty of the printer.

Printer Model: _________________________

Serial No.: _____________________________

 

8.2 This Standard Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorized by Uniprint, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; any attempt by any person other than Uniprint personnel or any person authorized by Uniprint, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by Uniprint.

The Standard Warranty does not cover any items that are in one or more of the following categories: software; external devices; accessories or parts added to the Product after the Product is shipped from Uniprint; no power; no printout; printer head (clog); paper jam; ink-overflow; software reset; general error; cartridge (Canon Printer); physical damages.

8.3 Upon completion of warranty coverage from the beginning on the invoice date, Uniprint will repair or replace Products returned to Uniprint’s facility. Customer must prepay shipping and transportation charges, and insure the shipment or accept the risk of loss or damage during such shipment and transportation. Uniprint will ship the repaired or replacement products to Customer freight prepaid.

8.4 Uniprint does not give any warranty that the Products are fit for any particular purpose and this Standard Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law.

8.5 The Customer agrees that, in relation to third party products purchased through Uniprint, where such of the Products are covered by a relevant manufacturer’s warranty, then the Standard Warranty shall not extend to such Products and such manufacturer’s warranty shall be the sole warranty in respect of such Products. The Customer shall utilize that warranty for the support of such Products and in any event not look to Uniprint for such warranty support.

 

9.Service and Technical Support

Uniprint will provide general service and technical support to Customer in accordance with the then-current service and technical support policies in effect. Service and support offerings may vary from product to product. If Customer purchased the product from other seller, Uniprint reserved the right to not offer any service or technical support. Uniprint has no obligation to provide service or support until Dell has received full payment for the product or service/support contract for which service or support is requested.

 

10.Liability

10.1 Uniprint’s total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.

10.2 The Customer shall indemnify Uniprint and keep Uniprint fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.

10.3 Uniprint and Customer agree that Uniprint will not be liable for Products not being available for use, or for data or software/product which is lost, corrupted, deleted or altered. Uniprint shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services, even if Uniprint has been advised of their possibility.

10.4 Any service response times stated by Uniprint in the service contracts are approximate only and Uniprint shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever occasioned.

10.5 Any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Uniprint shall be subject to correction without any liability on the part of Uniprint.

 

11.Force Majeure

Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.

 

12.Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Philippines and shall be subject to the non-exclusive jurisdiction of the courts of Philippines.

 

13.General

13.1 The customer shall not be assign or otherwise transfer any contracts or any of its rights and obligations here under whether in whole or in part without the prior written consent of Uniprint. Any such unauthorized assignment shall be deemed null and void.

13.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

 

 

REPAIR TERMS AND CONDITIONS

 

1.Agreement for repair

1.1 The terms set out in these Conditions of Repair (“Agreement”) shall apply to the service we provide to repair your machine and/or any accessories listed overleaf (“Equipment”) on the service questionnaire form.

1.2 Reference to “us”, “we” and “our” refer to K-1 Uniprint Enterprise Co. or Uniprint and references to “you” and “your” are references to you, the person addressed on this form.

 

2.All repairs (unless otherwise stated)

2.1 This Agreement shall commence from the date you sign the service questionnaire and shall continue until we have repaired or otherwise returned your machine (“Services”), whichever is sooner, and received any payment due from you.

2.2 We shall make all reasonable efforts to repair your machine subject to the availability of any parts required and/or the terms of any relevant guarantee or warranty. We shall perform the Service using our reasonable care and skill.

2.3 Any time estimate for completion of the Service which may be given to you is an estimate only and does not form any obligation under the terms of this Agreement.

2.4 We shall notify you when the machine has been repaired and is available for collection. If you do not collect the machine within 7 days from the date of notice an applicable Storage Fee P150 will be charged. For every succeeding day from the date of 7 days notice an applicable penalty of P 100 will be charged on top of the Storage Fee.

2.5 If unclaimed within one (1) month, we reserve the right to dispose the machine without prior notice. Any sum obtained on disposal will be used to meet any unpaid estimate or repair charges you are liable to pay and any remaining balance will be sent to you or will remain payable by you accordingly.

2.6 If we are unable to complete the Service for any reason, or the Service will incur further costs payable by you, we will notify you immediately.

2.7 Our out of warranty/chargeable repairs are guaranteed for 30 days from the date the machine is ready for collection. Uniprint is not liable for any defect that may occur due to inactivity of the machine from the date of notice of collection. If the machine develops an additional fault unrelated to the original repair, the repair warranty contained in this paragraph will not apply. All warranty repairs are subject to manufacturer’s warranty dates.

2.8 We may in certain circumstances send your machine to another repair center and sub-contract the repair work to a third party.

2.9 All charges will be subject to VAT and any other government taxes or duties as applicable.

 

3.Additional terms for warranty repairs

3.1 Where repair is to be carried out under a relevant guarantee or warranty, we may ask you to provide sufficient proof of any guarantee or warranty.

3.2 If your machine is beyond economic repair, we may at our absolute discretion replace your machine as long as it is still covered within the 7 days replacement period with a suitable equivalent rather than carry out repair.

3.3 If the nature of the repair falls outside the terms of your warranty or guarantee, then you may incur a charge for the repair under the terms as set in clause 4. We will endeavor to notify you of any such charge prior to undertaking any work.

3.4 If you provide misinformation to Uniprint regarding the age of your machine, resulting in an expired warranty, Uniprint reserve the right apply an applicable charges.

 

4.Additional terms for chargeable repairs

4.1 If the repair to your Equipment is not covered by a guarantee or warranty or the nature of the repair is beyond any terms of your guarantee or warranty we will charge you for the repair in accordance with the terms of this Agreement.

4.2 The cost of repair will be calculated where possible in accordance with our standard charges.

4.3 The cost of repair may not fall within our standard charges where the machine is not generally supported by us, Machine repairs are sub-contracted or the nature of repair is not within our standard rates of repair. In this event, we will provide you with an estimate of the cost of repair and we will not repair the machine until we have received your acceptance of that estimate.

4.4 If we are unable to repair your machine, no fault is found on your machine or you do not accept our estimate, we will return your machine to you unrepaired and we reserve the right to charge you an inspection fee in accordance with our standard charges.

4.5 We may keep your equipment until all charges payable have been paid. [We may also charge an additional fee for storage of your Equipment.]

 

5.Liability

5.1 Our entire liability in respect of any single cause of action arising out of or in connection with this Agreement or its subject matter (whether for breach of contract, tort, including negligence, statute or otherwise at all) shall be limited, to the extent that the cause of action related to our supply of the Services, at our option to: (a) supplying the Services again; (b) payment of the cost of having the Services supplied again; or (c) repaying to you any amount that you have paid in respect of the Services.

5.2 If, through our negligence or willful misconduct, we damage the machine beyond economical repair, our liability will be limited to the cost of providing a replacement with a product that is the same as or similar to the machine.

5.3 Nothing in this clause 5 shall apply so as to limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) breach of any terms implied by statute; (c) any claim arising under the THE CONSUMER ACT OF THE PHILIPPINES, REPUBLIC ACT NO. 7394 ; or (d) fraudulent misrepresentation.

5.4 In no circumstance shall we be liable to you for any indirect, special or consequential loss arising out of or in connection with this Agreement, including any loss of business, revenue, profits, anticipated savings, goodwill or any other indirect or consequential loss or damage howsoever arising.

5.5 Except as expressly provided in this Agreement, all representations, conditions and warranties, whether express or implied (by statute or otherwise) are excluded to the fullest extent permitted by law.

5.6 We shall not be liable for any claim arising under this Agreement unless you give us written notice of the claim within three (3) months of becoming aware of the circumstances giving rise to the claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances.

 

6.Data Protection

6.1 We ask for your name and address and the other details set out overleaf (“Personal Information”) so that we can notify you when your Equipment has been repaired and so we can give you an efficient after-sales service. We may also send you text messages from time to time to alert you to new services that we may provide. By signing the questionnaire and using these Services you consent to our use of your Personal Information as described.

 

7.General

7.1 We shall not be liable to you for any delay in or failure of performance of our obligations under this Agreement arising from any reason beyond our reasonable control.

7.2 Our failure to exercise or enforce our rights or the giving of any forbearance, delay or indulgence, will not be construed as a waiver of such rights under this Agreement or otherwise.

7.3 This Agreement sets out the entire agreement and understanding between you and us in connection with its subject matter. Nothing in this Agreement shall affect our liability in respect of any misrepresentation, warranty or condition that is made fraudulently.

7.4 This Agreement may not be amended, modified, varied or supplemented except in writing signed by or on behalf of you and us.

7.5 If any part of this Agreement is found to be void or unenforceable it will be severed from the rest of this Agreement so that it is effective to the extent that shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

7.6 This Agreement shall be governed by the laws of the Philippines and shall be subject to the exclusive jurisdiction of the Philippine Courts.