Terms & Conditions
1. Acceptance of Quotations.
Quotations given by the company are open to acceptance for a period of thirty days from the date of the quotation.
2. Price Variation
Estimates are based on the printer’s current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
Except in the case of a customer who is not contracting in the course of business nor holding himself out as doing so, the printer reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
4. Preliminary Work.
All work carried out, whether experimental or otherwise, at customers request shall be charged.
A charge may be made to cover any additional work involved where copy supplied is not clear or legible.
Proofs of all work may be submitted for customers approval and the printer shall not incur any liability for any errors not corrected by the customer in proofs so submitted. Customers alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to the printers judgement, changes from there made by the customer shall be charged extra.
7. Standing Material.
(a) Metal, film, glass and other materials owned by the printer and used by him in the production of type, plates, moulds, stereotypes, electrotypes, film-setting, negatives, positives and the like shall remain his exclusive property. Such items when supplied by the customer shall remain the customers property.
(b) Type maybe distributed and lithographic, photogravure or other work effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged.
8. Customers Property.
(a) Except in the case of a customer who is not contracting in the course of business nor holding himself out in doing so, customers property and all property supplied to the printer by or on behalf of the customer shall while it is in possession of the printer or in transit to or from the customer be deemed to be at the customers risk unless otherwise agreed and the customer shall insure accordingly.
(b) The printer shall be entitled to make a reasonable charge for the storage of any customers property left with the printer before receipt of the order or after notification to the customer of completion of the work.
9. Materials supplied by the customer.
(a) The printer may reject any paper, plates or other materials supplied or specified by the customer which appear to him to be unsuitable. Additional cost incurred if the materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by the printer in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
(b) Where materials are so supplied or specified, the printer will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials supplied or specified.
(c) Quantities of materials supplied shall be adequate to cover normal spoilage.
10. Variations in Quantity.
Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 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) the same to be charged or deducted.
The printer shall not liable for any loss to the customer arising from delay in transit not caused by the printer. The Company shall not be liable in respect of any claim arising out of or any loss or damage caused to any person or property by the use of any of the said products. The Company shall not be liable for any loss of or damage to or resulting from the supply or use of the Goods whether arising from breach of duty in contract or tort (including negligence by the Company, its servants or agents) and in no circumstances shall the Company be liable for any
12. Delivery and Payment
(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 estimate. A charge may be made to cover any extra costs involved in delivery to a different address.
(c) Should expected delivery be agreed an 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 thirty days the printer should then be entitled to payment of work already carried out, materials specially ordered and other additional costs including storage.
(e) Our terms of payment are strictly 30 days month end, unless agreed in writing.
The company will use it’s best endeavours to ensure the accuracy of all text and the quality of all black and white and colour images. It is the customers responsibility to accept and pass for all text and images produced by the company. Where for any reason the company elects not to proof the company’s work the responsibility for any defects shall lay solely with the customer. Any claim against the company by reason of any defect should be made in writing within seven days from the date of delivery.
If the customer ceases to pay his debts, in the ordinary course of business or cannot pay his debts or has a winding up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition against him, the printer without prejudice to other remedies shall –
(i) have the right not to proceed further with 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 him, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods and property in such manner and at such price as he thinks fit and to apply proceeds towards such debts.
15. Illegal Matter.
The printer shall not be required to print any matter which is in his opinion is or may be of an illegal or libellous matter or an infringement of copyright, patent design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any other amounts paid on a lawyers advice in settlement of any claim.
16. Periodical Publications
A contract for the printing of a periodical publication may not be terminated by either party unless 13 weeks notice in writing is given in the case of other periodicals. Notice may be given at any time but wherever possible should be given after completion of work on any one issue. Nevertheless the printer may terminate any such contract forthwith should any sum due thereunder remain unpaid.
17. Force Majeure
The printer shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control including (without limiting the foregoing ) an Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation of 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 the printer elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
Title (notwithstanding condition 12(e) and irrespective of delivery) to goods shall not pass to a customer until payment. The printer shall be entitled to repossess or trace the goods or the proceeds of the sale from the supplier or a liquidator or receiver.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.