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.
Except in the case of a customer who is not contracting in the course of a business not 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 on the estimate or invoices.
All work carried out, whether experimentally or otherwise, at customer’s request shall be charged.
A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
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.
DELIVERY & PAYMENT
(a) Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed the ownership shall pass and payments shall become due.
(b) Unless otherwise specified the price quoted 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 days the printer shall then be entitled to a payment for work already carried out, materials specially ordered and other additional costs including storage.
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 and shortages (4 per cent and 8 per cent respectively for quantities exceeding 50,000) the same to be charged or deducted.
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 on 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 days of delivery (or, in the case of non-delivery, within 42 days of despatch).
All other claims shall 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 (a) it was not possible to comply with the requirements and (b) advice (where required) was given and the claim made as soon as reasonably possible.
The printer shall not be liable for any loss to the customer arising from delay in transit not caused by the printer.
(a) All electronic artwork (including PDF proofs, original DTP files and purchased stock images) and material, metal, film, glass and other materials, either physical or electronic, owned by the printer and used by him in 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) Electronic artwork may be deleted and CTP plates 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. Supplied electronic artwork will normally be held for a maximum of 3 months.
(a) Except in the case of a customer who is not contracting the course of a business not holding himself out as doing so, customers 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 shall 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.
MATERIALS SUPPLIED TO THE CUSTOMER
(a) The printer may reject any paper, plates or other materials supplied or specified by the customer which appears to him to be unsuitable. Additional costs 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 supplied or specified.
(c) Quantities of materials supplied shall be adequate to cover normal spoilage.
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 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 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 a 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 a manner and at such price as he thinks fit and to apply the proceeds towards such debts.
(a) The printer shall not be required to print any matter which in his opinion is or maybe of an illegal or libellous nature or as in infringement 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 rights 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.
Our terms of payment are strictly 30 days from date of invoice and must be adhered to.
For the purpose of these conditions the following terms shall have the meaning respectively ascribed to them, Printer being The Firpress Group Limited, Customer being the Person, Firm or Company by whom an order for goods shall be addressed.
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 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 of 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.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
(a) Title to the Goods shall not pass to the Purchaser until payment in full of the price therefore. Until such payment the Purchaser shall have possession of the Goods as bailee for the Seller and shall store the Goods in such a way as to enable them to be identified as the property of the Seller provided that if the Purchaser is purchasing the Goods for resale the Purchaser may as agent for the Seller sell and delivery the Goods to a third party in the ordinary course of the Purchaser’s business on condition that until such payment as aforesaid the Purchaser shall hold all proceeds of such sales in trust for the Seller and in separate account. The Purchaser hereby assigns the Seller all rights and claims which the Purchaser may have against its customers arising from such sales until payment is made in full as aforesaid .
(b) The Seller reserves the right to re-possess any Goods in respect of which payment is overdue and thereafter to re-sell the same and for this purpose the Purchaser hereby grants an irrevocable right and licence to the Seller’s servants and agents to enter upon all or any of its premises with or without vehicles during normal business hours. This right shall continue to subsist notwithstanding the termination of the Contract for any reason.