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1. Definitions In these conditions: - (a) “Printer” means Print Direction Limited and “customer” means the person, firm or corporation that has requested any work.
(b) Words or expressions importing the masculine or newter genders include all genders: words or expressions importing the singular number include the plural number and vice versa.
2. Price Variation (a) The price will be charged on the basis of estimates set out overleaf. All prices quoted are valid for 30 days only or until earlier acceptance by the customer, after which time they may be altered by the printer without giving notice to the customer.
(b) The printer reserves the right, by giving notice to the customer at any time before delivery, to increase the price estimated where such increase is necessary due to increases in the cost of labour, materials or other costs of production, any change in delivery dates, quantities or specifications from the estimate or any delay caused by instructions of the Customer or failure by the Customer to give the Printer adequate information or instructions.
3. Tax Except in the case of a customer who is not contracting in the course of business nor holding himself out as doing so, the Printer reserves the right to charge the amount of any added value payable whether or not included on the estimate or invoice.
4. Preliminary work All carried out, whether experimentally or otherwise, at Customer’s request shall be charged
5. Copy A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
6. 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 the 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 judgement, changes therefore made by the Customer shall be charged extra
7. 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 and the ownership shall pass and payment shall become due, and the Printer shall be entitled to deliver an invoice for that work.
(b) Unless otherwise specified the price estimated 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 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) The Customer shall settle the Printer’s invoice within 30 days of the date thereof. Time for settlement of the invoice shall be of the essence of the contract.
(e) If the customer fails to make any payment on the due date, without prejudice to any other right or remedy available to the Printer, the Printer shall be entitled to:
(i) Cancel the contract or suspend any further work or deliveries to the Customer.
(ii) Charge the Customer interest (both before and after any judgement) on the amount unpaid at the rate of five percent per annum above Bank of Wales plc base from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest);
(iii) Charge the customer the cost of recovery of the unpaid amount including legal costs and disbursements, court fees and other reasonable charges.
(iv) Charge the Customer bank charges incurred as a result of returned and/or special clearance of Customer’s cheques.
8. Variations in Quantity Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of five percent for work in one colour only and ten percent for other work being allowed for overs or shortage (four percent and eight percent respectively for quantities exceeding 50,000) the same to be charged or deducted.
9. Claims Advice of damage, delay or partial loss of goods in transit off 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 7 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 as reasonably possible. |
10. Liability The Printer shall not be liable for any loss to the customer arising from delay in transit not caused by the Printer.
11. Standing Material (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 may be charged.
12. Customer’s property (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 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 or completion of the work.
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 be unsuitable. Additional costs incurred if materials are found to be unsuitable during production may be charge except that if the whole or 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 ensure that the best results, but responsibility will not be accepted for imperfect work 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 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 to 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 illegal or libellous nature of 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 any other proprietary or personal right 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.
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 or any one issue. Nevertheless the Printer may terminate any such contract forthwith should any sum due there under remain unpaid.
17. Force Majeure The Printer shall be under no liability of it shall be unable to carry out any provision of the contract for any reason beyond it’s 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 materials required for the performance of the contract. During the continuance of such contingency the Customer may be written notice to the Printer elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise except 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. |