Terms and Conditions
1. 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.
2. Tax – 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.
3. Preliminary Work – All work carried out whether experimentally or otherwise, at customers request shall be charged.
4. Copy – A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
5. Proofs – Proofs of all work may be submitted for customer’s approval and the printer shall incur no liability for errors not corrected by the customer in proofs so submitted. Customer’s alterations and additional proofs necessitated thereby shall be charged extra. When style, type, or layout is left to the printers judgement, changes there from made
by the customer, shall be charged extra.
6. Delivery & 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 the delivery of the work as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address. (c) Should expedited 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 30 days the printer shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
7. Risk & Title – Risk for the goods passes on delivery but title to the goods (whether separate and identifiable or incorporated in or mixed with other goods) remains with the supplier until the customer pays to the supplier the agreed price for the goods and all other amounts owed by the customer to the supplier in respect of any other goods or agreement. (a) Until title to the goods passes to the customer, the customer shall (i) keep the goods separately and readily identifiable as the property of the supplier (ii) not attach the goods to real property. (b) If the customer resells goods in which the title has not passed to the customer, such resale shall (as between the supplier and the customer only) be made by the customer as agent for the supplier. (c) At any time before title to the goods passes to the customer (whether or not any payment to the supplier is then overdue or the customer is otherwise in breach of any obligation to the supplier) the supplier may, without prejudice to any other of its rights (i) Take possession of all or any part of the goods and enter any premises for that purpose or authorise others to do so, which the customer hereby authorises (ii) Require delivery of all or any part of the goods (d) The supplier may at any time appropriate sums received from the customer as it thinks fit, notwithstanding any purported appropriation by the buyer. (e) From the time of delivery until title in the goods passes to the customer, the customer shall insure the goods for their full value with a reputable insurer and, if the supplier so requests, ensure that the suppliers name is noted on the insurance policy. Until title in the goods passes to the customer, the customer shall hold the proceeds of any claim on such insurance policy on trust for the supplier and shall immediately account to the supplier with the proceeds.
8. Variations in quantity – Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5 percent for work in one colour only and 10 percent for other work being allowed for over’s or shortage (4 percent and 8 percent respectively for quantities exceeding 50,000) the same to be charged or deducted.
9. Claims – Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the printer and the carrier within three clear days of delivery (or in the case of non-delivery, within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to the printer and the carrier within seven clear days of delivery (or, in the case of non-delivery within 42 days of dispatch). All other claims must be made in writing to the printer within 28 days of delivery. The printer shall not be liable in respect of any claim unless the aforementioned requirements have been compiled 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.
10. Liability – The printer shall not be liable for any loss to the customer arising from delay in transit not caused by the printer.
11. 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 customer’s property.
(b) Type may be 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.
12. Customer’s Property – (a) Except in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, customers property and all property supplied to the printer by or on behalf of the customer shall while it is in the possession of the printer or in transit to or from the customer, be deemed to be at customer’s risk unless otherwise agreed and the customer should insure accordingly. (b) The printer shall be entitled to make a reasonable charge for the storage of any customer’s property left with the printer before receipt of the order or after notification to the customer of completion of the work.
13. 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 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 so supplied or specified. (c) Quantities of materials supplied shall be adequate to cover normal spoilage.
14. Insolvency – If the customer ceases to 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 the printer 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 complete 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 or property in such matter and at such a price he thinks fit and to apply the proceeds towards such debts.
15. Illegal Matter – (a) The printer shall not be required to print any matter, which in his opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party. (b) The printer 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 or of any other proprietary of 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.
16. Periodical Publications – A contract for the printing of a periodical publication may not be terminated by either party unless 13 weeks notice is given in the case of periodicals produced monthly or more frequently or 26 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 the 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) Act of God, legislation, wind, fire, flood, drought, failure of power supply, lock-out strike or any 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 the printer elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
18. Law – These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.