Terms And Conditions

Terms& Conditions
1.Price variation Estimates are based on the printer’s current costsof production and, unless otherwise agreed, are subject to amendmenton or at any time after acceptance to meet any rise or fall in suchcosts.
2.Tax Except in the case of a customer who is not contracting in thecourse of a business nor holding himself out as doing so the printerreserves the right to charge the amount of any value added taxpayable whether or not included on the estimate or invoice.
3.Preliminary work All work carried out, whether experimentally orotherwise, at customer’s request shall be charged.
4.Copy A charge may be made to cover any additional work involved wherecopy supplied is not clear and legible.
5.Proofs of all work may be submitted for customer’s approval and theprinter shall incur no liability to any Party for any errors oromissions not corrected by the customer in proofs so submitted.Customer’s alterations and additional proofs necessitated thereby(save in respect of errors or omissions) shall be charged extra. Whenstyle, type or layout is left to the printer’s judgement, changestherefrom made by the customer shall be charged extra.
6.Delivery and payment (a) Delivery of work shall be accepted whentendered and thereupon or, if earlier, on notification that the workhas been completed payment shall become due.
(b)Unless otherwise specified the price quoted is for delivery of thework to the customer’s address as set out in the estimate. A chargemay be made to cover any extra costs involved for delivery to adifferent address.
(c)Should expedited delivery be agreed an extra may be charged to coverany overtime or any other additional costs involved.
(d)Should work be suspended at the request of or delayed through anydefault of the customer for a period of 30 days the printer shallthen be entitled to payment for work already carried out, materialsspecially ordered and other additional costs including storage.
7.Risk and property (a) Notwithstanding delivery and the passing ofrisk in the work, or any other provision of these conditions, theproperty in the work shall not pass to the customer until the printerhas received in cash or cleared funds payment in full of the price ofthe work and all other work agreed to be sold by the printer to thecustomer for which payment is then due.
(b)Until such time as the property in the work passes to the customer,the customer shall hold the work as the printer’s fiduciary agentand bailee, and shall keep the work separate from that of thecustomer and third parties and properly stored, protected and insuredand identified as the printer’s property, but shall be entitled toresell or use the work in the ordinary course of its business.
(c)Until such time as the property in the work passes to the customer(and provided the work is still in existence and has not beenresold), the printer shall be entitled at any time to require thecustomer to deliver up the work to the printer and, if the customerfails to do so forthwith, to enter upon any premises of the customeror any third party where the work is stored and repossess thework.
(d)The customer shall not be entitled to pledge or in any way charge byway of security for any indebtedness any of the work which shallremain the property of the printer, but if the customer does so allmoneys owing by the customer to the printer shall (without prejudiceto any other right or remedy of the printer) forthwith become due andpayable.
8.Variation in quantity Every endeavour will be made to deliver thecorrect quantity ordered, but estimates are conditional upon marginsof 5 per cent for work in one colour only and 10 per cent for otherwork being allowed for overs or shortage (4 per cent and 8 per centrespectively for quantities exceeding 50,000) the same to be chargedor deducted.
9.Claims Advice of damage, delay or partial loss of goods in transit orof non- delivery must be given in writing to the printer and thecarrier within three clear days of delivery (or, in the case ofnon-delivery, within 28 days of despatch of the goods) and any claimin respect thereof must be made in writing to the printer and thecarrier within seven clear days of delivery (or, in the case ofnon-delivery, within 42 days of despatch). All other claims must bemade in writing to the printer within 28 days of delivery. Theprinter shall not be liable in respect of any claim unless theaforementioned requirements have been complied with except in anyparticular case where the customer proves that (i) it was notpossible to comply with the requirements and (ii) advice (whererequired) was given and the claim made as soon as reasonablypossible.
10.Liability (a) The printer shall not be liable for any loss to thecustomer arising from delay in transit not caused by the printer.
(b)Subject as expressly provided in these conditions, and except wherethe work is sold to a person dealing as a consumer (within themeaning of the Unfair Contract Terms Act 1977), all warranties,conditions or other terms implied by statute or common law areexcluded to the fullest extent permitted by law.
(c)Where the work is sold under a consumer transaction (as defined bythe Consumer Transactions (Restrictions on Statements) Order 1976)the statutory rights of the Buyer are not affected by theseconditions.
(d)Except in respect of death or personal injury caused by the printer’snegligence, the printer shall not be liable to the customer by reasonof any representation (unless fraudulent), or any implied warranty,condition or other term, or any duty at common law, or under theexpress terms of the contract, for any indirect, special orconsequential loss or damage (whether for loss of profit orotherwise), costs, expenses or other claims for compensationwhatsoever (whether caused by negligence of the printer, itsemployees or agents or otherwise) which arise out of or in connectionwith the supply of the work or its use or resale by the customer, andthe entire liability of the printer under or in connection with thecontract shall not exceed the price of the work, except as expresslyprovided in these conditions.
11.Indemnity If any claim is made against the printer by any third partywhich relates in any way to the work produced by the printer for thecustomer then the customer shall indemnify the printer against allloss, damages, costs and expenses awarded against or incurred by theprinter in connection with the claim.
12.Customer’s property (a) Except in the case of a customer who is notcontracting in the course of a business nor holding himself out asdoing so, customer’s property and all property supplied to theprinter by or on behalf of the customer shall while it is in thepossession of the printer or in transit to or from the customer bedeemed to be at customer’s risk unless otherwise agreed and thecustomer should insure accordingly.
(b)The printer shall be entitled to make a reasonable charge for thestorage of any customer’s property left with the printer beforereceipt of the order or after notification to the customer ofcompletion of the work..
13.Insolvency If the customer ceases to pay his debts in the ordinarycourse of business or cannot pay his debts as they become due orbeing a company is deemed to be unable to pay its debts or has awinding-up petition issued against it or being a person commits anact of bankruptcy or has a bankruptcy petition issued against him,the printer without prejudice to other remedies including thosecontained within clause 7 in these conditions shall:
(i)have the right not to proceed further with the contract or any otherwork for the customer and be entitled to charge for work alreadycarried out (whether completed or not) and materials purchased forthe customer, such charge to be an immediate debt due to him, and(ii) in respect of all unpaid debtors due from the customer have ageneral lien on all goods and property in his possession (whetherworked 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 atsuch price as he thinks fit and to apply the proceeds towards suchdebts.
14.Illegal matter (a) The printer shall not be required to print anymatter which in his opinion is or may be of an illegal or libellousnature or an infringement of the proprietary or other rights of anythird party. (b) The printer shall be indemnified by the customer inrespect of any claims, costs and expenses arising out of anylibellous matter or any infringement of copyright, patent, design orany other proprietary or personal rights contained in any materialprinted for the customer. The indemnity shall extend to any amountspaid on a lawyer’s advice in settlement of any claim.
15.Force Majeure The printer shall be under no liability if he shall beunable to carry out any provision of the contract for any reasonbeyond his control including (without limiting the foregoing) Act ofGod, legislation, war, fire, flood, drought, failure of power supply,lock-out, strike or other action taken by employees in contemplationor furtherance of a dispute or owing to any inability to procurematerials required for the performance of the contract. During thecontinuance of such a contingency the customer may by written noticeto the printer elect to terminate the contract and pay for work doneand materials used, but subject thereto shall otherwise acceptdelivery when available.
16.Law These conditions and all other express terms of the contractshall be governed and construed in accordance with the laws ofEngland.