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Terms of Use

1. Price variation Estimates are based on the printer’s current costs of production
and, unless otherwise agreed, are subject to amendment on or at any time after
acceptance to meet any rise or fall in such costs.
2. Tax The printer reserves the right to charge the amount of any value added tax
payable whether or not included on the estimate 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. Electronic files (a) It is the customer’s responsibility to maintain a copy of any
original electronic file.
(b) The printer shall not be responsible for checking the accuracy of supplied input
from an electronic file unless otherwise agreed.
(c) Without prejudice to clause 15, if an electronic file is not suitable for outputting on
equipment normally adequate for such purposes without adjustment or other
corrective action the printer may make a charge for any resulting additional cost
incurred.
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 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 judgement, changes
therefrom made by the customer shall be charged extra.
7. Colour proofs Due to differences in equipment, paper, inks and other conditions
between colour proofing and production runs, a reasonable variation in colour
between colour proofs and the completed job will be deemed acceptable unless
otherwise agreed.
8. 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.
9. 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, payment
shall become due.
(b) Unless otherwise specified the price 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 calendar days the printer shall then be entitled to
payment for work already carried out, materials specially ordered and other additional
costs including storage.
10. Ownership and risk (a) The risk in all goods delivered in connection with the work
shall pass to the customer on delivery.
(b) Goods supplied by the printer remain the printer’s property until the customer has
paid for them and discharged all other debts owing to the printer.
(c) If the customer becomes insolvent (as set out in clause 16) and the goods have
not been paid for in full the printer may take the goods back and, if necessary, enter
the customer’s premises to do so, or to inspect the goods.
(d) If the customer shall sell the goods before they have been paid for in full he shall
hold the proceeds of sale on trust for the printer in a separate account until any sum
owing to the printer has been discharged from such proceeds.
11. Claims Advice of damage, delay or 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 notification 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
notification 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.
12. 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, whether as a result of the printer’s negligence or otherwise.
(b) Insofar as is permitted by law where work is defective for any reason, including
negligence, the printer’s liability (if any) shall be limited to rectifying such defect.
Where the printer performs its obligations to rectify defective work under this
condition the customer shall not be entitled to any further claim in respect of the
work done nor shall the customer be entitled to treat delivery thereof as a ground for
repudiating the contract, failing to pay for the work or cancelling further deliveries.
(c) Nothing in these conditions shall exclude the printer’s liability for death or personal
injury as a result of its negligence.
13. Standing material (a) Metal, film and other materials owned by the printer and
used by him in the production of type, plates, 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 or photogravure film and plates, tapes,
disks 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.
(c) The printer shall not be required to download any digital data from his equipment
or supply the same to the customer on disk, tape or by any communication link
unless written arrangements are made to the contrary.
14. Customer’s property (a) 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 the work.
15. Materials supplied by the customer (a) The printer may reject any film, disks,
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.
16. Insolvency Without prejudice to other remedies, if the customer becomes
insolvent (namely, being a company is deemed to be unable to pay its debts or has
a winding up petition issued against it or has a receiver, administrator or
administrative receiver appointed to it or being a person commits an act of
bankruptcy or has a bankruptcy petition issued against him) the printer shall 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. Any unpaid invoices shall become immediately due for payment.
17. General Lien Without prejudice to other remedies,in respect of all unpaid debts
due from the customer the printer shall 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 as agent for the customer in
such manner and at such price as he thinks fit and to apply the proceeds towards
such debts, and shall when accounting to the customer for any balance remaining be
discharged from all liability in respect of such goods or property.
18. 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 include (without limitation) any amounts
paid on a lawyer’s advice in settlement of any claim that any matter is libellous or
such an infringement.
19. 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.
20. 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 reasonable control
including (without limiting the foregoing): Act of God; legislation; war; fire; flood;
drought; inadequacy or unsuitability of any instructions, electronic file or other data
or materials supplied by the customer; 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.
21. Law These conditions and all other express and implied terms of the contract
shall be governed and construed in accordance with the laws of England.