Terms & Conditions
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| 1. Price variation |
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Quotations
are based on the printer’s current costs of production
and, unless agreed, are subject to amendment on or at any
time after
acceptance to meet rise or fall in such costs.
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2. Tax |
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Except in the case
of a customer who is not contracting in the course of a
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 or not included on
the estimate or invoice.
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3. Preliminary
work |
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All work carried
out, whether experimentally or otherwise, at customer’s
request shall be charged.
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4. Copy |
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A charge may be
made to cover any additional work involved where copy supplied
is not clear and legible.
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5. Proofs |
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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 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, charges there from made by the customer shall
be charged extra.
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| 6. Delivery and payment |
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| (a) |
Delivery of work shall be accepted when tendered and
there upon 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
collection of the work from our premises 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
throughany 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.
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| 7. Variations in quantity |
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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 centrespectively
for quantities exceeding 50,000) the same to be chargedor
deducted.
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| 8. Claims |
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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 28 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 (i)
it was not possible to comply with the requirements and (ii)
advice (where required) was given and the claim made as soon
asreasonably possible.
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| 9. Liability |
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The printer shall not be
liable for any loss to the customerarising from delay in
transit not caused by the printer.
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| 10. Standing material |
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| (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 maybe charged.
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| 11. Customer’s
property |
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| (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, customer’s 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 thework.
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| 12. Materials supplied
by the customer |
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| (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 maybe charged except
that if the whole or any part of such additional cost could have been avoided
but for unreasonable delay by the printer inascertaining 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 normalspoilage.
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| 13. Insolvency |
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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 commit 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 atsuch price as he thinks fit and to apply
the proceeds towards suchdebts.
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| 14. Illegal matter |
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| (a) |
The printer shall not
be required to print any matter which in his opinion is or
may be of an illegal or libellous natureor any 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 orpersonal
rights contained in any material printed for the customer.
Theindemnity shall extend to any amounts
paid on a lawyer’s advice insettlement of any claim.
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| 15. Periodical publications |
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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 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. Neverthless
the printer may terminate any such contract forthwith should
any sum due thereunder remain unpaid.
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| 16. Force majeure |
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The printer shall be under
no liability if he shall beunable 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 be written notice to theprinter elect to terminate the
contract and pay for work done andmaterials used, but subject
thereto shall otherwise accept deliverywhen available.
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| 17. Law |
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These conditions and all
other express terms of the contractshall be governed and
construed in accordance with the laws ofEngland. |
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terms and conditions
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