Where appropriate, for ‘printer’ read ‘binder’
These Terms and Conditions apply to all orders and supercede all others.Receipt of acknowlegdement of order by you, constitutes your acceptance that our conditions are the only conditions that apply to the contract notwithstanding any purported terms put forward by you.
1. Price variation Estimates are based on the printer’s current costs of production and are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs. Prices quoted may be subject to review on sight of final artwork, disk, copy and film.
2. Value Added Tax The printer shall be entitled to charge Value Added Tax payable whether or not included on the quotation or invoice.
3. Preliminary work All work carried out, whether experimentally or otherwise, at customer’s 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 any 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 printer’s judgment, changes therefrom made by the customer shall be charged extra.
6. 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 risk shall pass and payment shall become due. Equitable and beneficial ownership in the goods shall remain with the printer until full payment has been received (each order being considered as a whole), or until prior re-sale, in which case our beneficial entitlement shall attach to the proceeds of re-sale or to the claim for such proceeds. All amounts due and owing to the printer shall be paid within 30 days of payment becoming due, unless agreed otherwise, and if payment is not made within 30 days the printer shall be entitled to charge interest at the rate of 1½% per month on the amount owing from expiry of the 30 day period until paid.
(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 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. 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.
8. 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 despatch 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 despatch). All other claims must be made in writing to the printer within 10 days of 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 (a) it was not possible to comply with the requirements and (b) advice (where required) was given and the claim made as soon as reasonably possible.
9. Liability (a) The printer shall not be liable for any loss, whether direct, indirect, or consequential or otherwise, or third party claims occasioned by any failure to complete or delay in completing the contract or failure of or delay in delivery.
(b) Where any work is defective for any reason, including negligence, the printer’s liability (if any) shall be limited to rectifying such defect.
10. Standing material 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) Materials belonging to the printer may be effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged.
11. Customer’s property (a) All property supplied to the printer by or on behalf of the customer will be held, worked on, and carried at customer’s risk.
(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.
(c) The printer will not be liable for customer’s property damaged or lost while held in storage. The customer should take out insurance protection to cover this contingency.
12. Manufacture and material Goods will be manufactured in accordance with the dimensions specified and/or approved by the customer to a tolerance of 3mm either way. While every endeavour will be made to supply materials in accordance with the quality of the samples submitted or quoted for, materials of not less strength than those quoted may be substituted for those quoted.
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 in the ordinary course of business or cannot 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 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 or property in such manner and at such price as 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 or 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.
(c) Where the customer supplies camera-ready artwork or text matter supplied on disk, not proof read or typeset by the printer the customer has a duty to point out those items which may be of a contentious or libellous nature to the printer, and if the printer wishes to submit such copy for legal scrutiny the cost shall be paid by the client.
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 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 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, war, fire, flood, drought, 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.
18. Law These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.