Terms and Conditions
1. Cost Variation
Quotations are based on the current costs of production and are subject to amendment by the printer on or at any time after acceptance to meet any rise or fall in such costs.
2. Value Added Tax
The printer shall be entitled to charge the amount at any value added tax payable whether or not included in the quotation or invoice.
3. Preliminary Work
Work carried out, whether experimentally or otherwise, at customer’s request will be charged.
4. Proof
Author’s corrections, including alterations in style, and the cost of additional proofs necessitated by such corrections will be charged extra. Proofs of all work may be submitted for customer’s approval, and in that event no responsibility will be accepted for any errors in them not corrected by him.
5. Delivery and Payment
(a) Delivery of work shall be accepted when tendered and thereupon or on notification that the work has been completed the ownership shall pass and payment shall become due.
(b) New customers will be asked to provide trade and bank references before credit terms are agreed. Until agreement is reached, trade will be conducted on a pro forma basis.
(c) Unless requested differently by either party and agreed in writing by the printer prior to commencement of any work the customer agrees to and shall be bound by the printers payment terms of 30 days from end of invoice month.
(d) The customer shall pay interest at the rate at 2% per month on all overdue accounts, such interest to accrue from day to day.
(e) Should work be suspended at the request of or delayed through any default of the customer for a period at 30 days the printer shall then be entitled to payment for work already carried out and materials specially ordered.
6. Overtime
If as a result of any default by the Customer or of any delay in the supply to the Company of any copy or materials it shall in the opinion of the Company become necessary in order to meet delivery dates to employ some or all of the Company’s employees at overtime rates or incur other additional costs, or if expedited delivery shall be agreed with the Like results, thereupon the Company shall be entitled to charge all overtime and other additional costs so incurred.
7. Variations in Quantity
Every endeavour will be made to deliver the correct quantity ordered, but quotations 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, the same to be charged or deducted.
8. Claims
Claims arising from damage, delay, or partial loss of goods in transit must be made in writing to the printer and the carrier so as to reach them within three days of delivery and claims for nondelivery within 28 days of despatch of the goods. All other claims must be made to the printer within ten days of delivery.
9. Liability
(a) The printer shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to the customer arising from delay in transit.
(b) Where work is defective for any reason, including negligence, the printer’s liability (if any) shall be limited to rectifying such defect.
10. Standing Matter
(a) Artwork, metal, film, glass and other materials used by the printer in the production of type, plates, moulds, stereotypes, electrotypes, film-setting, negatives, positives, and the like shall remain his exclusive 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.
11. Customer’s Property
Customer’s property and all property supplied to the printer by or on behalf of the customer will be held, worked on and carried at customer’s risk.
12. Termination
(i) Both the Company and the Customer shall have the right at any time by giving notice in writing to the other to terminate this contract forthwith upon the happening of one or more of the following events:
(a) if the other shall fail to make any payment within three days of the due date or to remedy any other breach forthwith upon being required to do so in writing.
(b) If the other shall enter into liquidation, whether compulsory or voluntary (other than for the purposes of amalgamation or reconstruction) or compounds with or enters into a scheme of arrangement for the benefit of its creditors or has a receiver appointed of all or any part of its assets or takes or suffers any similar action in consequence of debt.
(ii) A contract for the printing of a periodical publication which is not expressed to be for a fixed period may be terminated by either party by notice in writing as follows; thirteen weeks (publication at monthly intervals or less) twenty-six weeks (publication at more than monthly intervals).
13. Remedies
Termination of this contract for whatever causes shall not affect the rights or remedies of either party in respect at any antecedent breach or in respect of any sum of money owing by the other.
14. Sub-Contracting
The Company shall be at Liberty to subcontract the work described in this estimate either in whole or in part to any person firm or company it shall think fit without notice to the Customer.
15. Material 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.
(b) Where materials are so supplied or specified, responsibility for defective work will not be accepted by the printer unless this is due to his failure to use reasonable skill and care.
(c) Quantities of materials supplied shall be adequate to cover normal spoilage.
16. General lien
ithout prejudice to other remedies, the printer shall in respect at 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 at 14 days’ notice to dispose at such goods or property as he thinks fit and to apply any proceeds towards such debts.
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.
(b) The printer shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter printed for the customer or any infringements of copyright, patent or design.
18. Force Majeure
Every effort will be made to carry out the contract but its due performance is subject to cancellation by the printer or to such variation as he may find necessary as a result of inability to secure labour, materials or supplies or as a result of any Act of God, War, Strike, Lockout, or other labour dispute, Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) beyond the printer’s control.
19. Law
These conditions and all other express terms of the contract shall be governed and construed in accordance with the Law of England.
