Terms and Conditions
The following Terms and Conditions constitute the entire Agreement between the parties and supersede any previous agreements, warranties, representations, undertakings or understandings between the parties and may not be varied except in writing.
Preliminary Work All work undertaken at customer’s request shall be charged, whether it be experimentally or otherwise.
Print Ready Artwork
If artwork supplied by the customer is not deemed to be print ready as specified, additional charges may be applied for work undertaken by the printer to bring the artwork to a print ready standard.
Materials Supplied by the Customer
(a) The printer may reject any disks, paper, film, plates or any other materials specified or supplied by the customer which he deems unsuitable. The printer will notify the customer in this circumstance but additional charges may be applied if the customer does not re-supply materials of a suitable standard as requested by the printer. If materials are found to be unsuitable during production, any additional costs incurred by the printer may be passed on to the customer.
(b) The printer will take every care to ensure the best results on materials supplied or specified by the customer, but will not accept responsibility for imperfect work caused by defects in or the unsuitability of materials so supplied or specified.
(c) Quantities of materials supplied need to be adequate to cover normal spoilage.
(a) It is the customer’s responsibility to keep a copy of any files given to the printer electronically.
(b) The printer is not responsible for checking the accuracy of supplied input from any electronic file, unless otherwise agreed.
(c) If an electronic file is not suitable for outputting on equipment that would normally be adequate for such a purpose, there may be an additional charge for resulting corrective action taken by the printer.
Estimates are based on the printer’s current costs of production, and are subject to amendment at any time after acceptance to meet with changes in these costs. When artwork is being supplied by the customer, it is recommended that the customer submits such artwork to the printer so a more accurate estimate can be given. Any estimates submitted without seeing customer’s artwork may be subject to amendment upon sight of copy.
All estimates are exclusive of value added tax, unless otherwise stated, and the printer reserves the right to charge the applicable rate of VAT payable on the invoice.
Proofs of all work may be submitted for the customer’s approval. It is the customer’s responsibility to check and approve all aspects of the job, including information stated, size, spellings, layout, type styles etc. Once approval has been given, the printer shall incur no liability for any errors not corrected by the customer at the time of proofing, and additional charges will apply to correct or reprint the job. Customer’s alterations and additional proofs shall be charged extra. When layout, style or type is left to the printer’s judgement, changes made by the customer shall be charged extra.
Due to differences in equipment, paper and inks between colour proofing and final production, a reasonable variation in colour between the proof and the final job will be deemed acceptable, unless otherwise agreed with the customer. Wet proofs may incur an additional charge.
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.
Payment and Delivery
(a) Unless otherwise agreed with the printer, payment is due on collection or delivery of the completed job. For customers that hold an account with the printer, payment is due 30 calendar days from the date on the invoice.
(b) Completed work is to be collected from the printer by the customer and shall only be delivered upon a prior agreement with the printer. An additional cost for delivery may be charged if the printer is unaware that the work is to be delivered at the time the estimate is submitted.
(c) Where delivery has been agreed, unless otherwise specified, the price 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 for delivery to a different address.
(d) Should expedited delivery be agreed an extra charge may be applied to cover any overtime or any other additional costs involved.
(e) Should work be suspended at the request of the customer or delayed through any fault of the customer for a period of 30 calendar days, the printer shall then be entitled to payment for work already carried out (including artwork), materials specially ordered and other additional costs including storage.
Ownership and Risk
(a) The risk in the work and all goods in connection with it shall pass to the customer upon delivery or collection.
(b) Goods supplied by the printer remain the printer’s property until the customer has paid for them in full.
(c) If the customer becomes insolvent and the goods have not been paid for in full, the printer may take the goods back and, if necessary, enter the customer’s premises to do so, or to inspect the goods.
(d) If the customer sells the goods before they have been paid for in full he shall hold the proceeds of the sale on trust for the printer in a separate account until any sum owing to the printer has been paid for in full from such proceeds.
Advice of damage, delay or loss of goods in transit or of non-delivery must be given in writing to the printer within three clear days of delivery (or, in the case of non-delivery, within 28 days of notification of the despatch of the goods) and any claim in respect thereof must be made in writing to the printer within seven clear days of delivery (or, in the case of non-delivery, within 2 days of notification of despatch). All other claims must be made in writing to the printer within 28 days of collection or delivery. The printer shall not be liable in respect of any claim unless the aforementioned requirements have been complied 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.
(a) The printer shall not be liable for indirect loss or third party claims caused by a delay in completing the work or for any loss to the customer arising from delay in transit, whether as a result of the printer’s negligence or otherwise.
(b) Insofar as is permitted by law where work is defective for any reason,
including negligence, the printer’s liability (if any) shall be limited to rectifying such defect. Where the printer performs its obligations to rectify defective work under this condition the customer shall not be entitled to any further claim in respect of the work done nor shall the customer be entitled to treat delivery thereof as a ground for repudiating the contract, failing to pay for the work or cancelling further deliveries.
(c) Nothing in these conditions shall exclude the printer’s liability for death or personal injury as a result of its negligence.
14. Standing Material
(a) The printer shall not be required to download any digital data from his equipment or supply it to the customer on disk, tape or by any other communication unless written arrangements are made to the contrary.
(b) Metal, film and other materials owned by the printer and used by him in the production of type, plates, 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.
(c) Type may be distributed and lithographic film and plates, tapes, disks 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.
15. Customer’s Property
(a) Customer’s property and all property supplied to the printer by or on behalf of the customer, shall be deemed to be at the customer’s risk while it is in the possession of the printer unless otherwise agreed, and the customer should insure accordingly.
(b) The printer may make a reasonable charge for storing a customer’s property left with the printer before receipt of the order or after notification to the customer of completion of the work.
16. General Lien
Without prejudice to other remedies, in respect of all unpaid debts due from the customer the printer shall 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 as agent for the customer in such manner and at such price as he thinks fit and to apply the proceeds towards such debts, and shall when accounting to the customer for any balance remaining be discharged from all liability in respect of such goods or property.
17. 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 or personal rights contained in any material printed for the customer. The indemnity shall include (without limitation) any amounts paid on a lawyer’s advice in settlement of any claim that any matter is libellous or such an infringement.
18. 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 for 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 completion of work on any one issue. Nevertheless the printer may terminate any contract without notice should any sum due remain unpaid.
Without prejudice to other remedies, if the customer becomes insolvent (namely, being a company is deemed to be unable to pay its debts or has a winding up petition issued against it or has a receiver, administrator or administrative receiver appointed to it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him) the printer shall 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 completed or not) and materials purchased for the customer, such charge to be an immediate debt due to him. Any unpaid invoices shall become immediately due for payment.
20. Force Majeure
The printer shall be under no liability if he is unable to carry out any provision of the contract for any reason beyond his reasonable control including (without limiting the foregoing): Act of God; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials supplied by the customer; failure of power supply; lock-out, strike or 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.
These conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England.