Advice needed please on faulty printing

Janjel

I hope someone can help me - I order letterheads from a new print company and requested that they change the postcode and directors information on this. So When proofs were sent to me to sign off, the details I was checking were the company registration number, telephone numbers, postcode and directors information. When we received all the letterheads, it turns out the company name is missing a letter which means we cannot use any of these (over 5000) and the compliment slips are the same. I feel as it is the company name this is very careless of them but as i signed this off, they are saying i have to pay full invoice. Surely i have some rights under sales of good act as they are now not fit for purpose? Any advice would be great.

gingerdad

If you signed a proof to say you've proofed it then I think your not going to get far.

Always check and double check before signing a proof.

Janjel

Thank you - I just cannot believe they got the company name wrong - that is the last thing I expected to have to check

martindow

Agree with gingerdad.

It may be worth holding your hand up that it was your fault not checking thoroughly and see if you can get them to reprint at a discounted rate. As they are newly established they may be willing to do this to get a good reputation and, possibly, your continuing custom.

doningtonphil

Janjel

Yes, an annoying mistake. But that is precisely why a printer sends a customer a proof, so they can sign to say they have scrutinised it and are happy. Which is what you did.

So who made the annoying mistake?

A proof works both ways. If the final product came with a mistake, you can show them the proof to show how it should have looked.

I like the idea above of having a chat with the printer to see if they can help you out with the cost of a reprint. But they wouldnt be obliged to

Aquamania

Janjel wrote: »

I hope someone can help me - I order letterheads from a new print company and requested that they change the postcode and directors information on this. So When proofs were sent to me to sign off, the details I was checking were the company registration number, telephone numbers, postcode and directors information. When we received all the letterheads, it turns out the company name is missing a letter which means we cannot use any of these (over 5000) and the compliment slips are the same. I feel as it is the company name this is very careless of them but as i signed this off, they are saying i have to pay full invoice. Surely i have some rights under sales of good act as they are now not fit for purpose? Any advice would be great.

As you question your rights under the Sale of Goods Act, I have consulted that specific legislation and see:

15. Sale by sample.

(1) A contract of sale is a contract for sale by sample where there is an express or implied term to that effect in the contract.

(2) In the case of a contract for sale by sample there is an implied term

(a) that the bulk will correspond with the sample in quality;

(b) [repealed]

(c) that the goods will be free from any defect, making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample.

Hope that helps.

As always, if you are seeking specific legal advice on your situation, please seek independent legal advice.

Janjel

I was hoping that the company would have accepted some liability - they want the full invoice paid. I was hoping they would go 50/50 with this and with the reprints. Really do not wan to use this company again though and had recommended the in the past. I appreciate they are a small business as are we. This is a product we can not use at all. I personally feel we are both at fault.

paddyrg

If you signed the proofs, it's all your fault. This is the whole point of proofs. Signing the proof is your saying 'if you deliver this, I agree the order is correctly completed'

phill99

The reason printers give you an artwork to sign off is so that you can check the proof correctly and thoroughly. By signing that it is correct you have accepted liability. The printer is exactly that - a printer - and only works under your instructions. Your instructions were clear - print the incorrect headed note paper etc.


You are liable for the invoice as he has fulfilled his side of the contract.


And the Sale of Goods Act no longer exists.

McKneff

The printing company have done absolutely nothing wrong.

I can't see why you can attach any blame to them at all.

You can only pay up and move on.

martindow

Janjel wrote: »

I was hoping that the company would have accepted some liability - they want the full invoice paid. I was hoping they would go 50/50 with this and with the reprints. Really do not wan to use this company again though and had recommended the in the past. I appreciate they are a small business as are we. This is a product we can not use at all. I personally feel we are both at fault.

You can try negotiating but 50:50 is never going to be accepted. Printing is very competitive and they are not going to reprint at less than cost.