Terms & Conditions

1. Application of Conditions: The terms and conditions set out below (save as varied or replaced by the express terms of the quotation on the obverse) shall constitute an integral part of any order which is placed following the submission of the quotation. Any attempt to exclude or vary these conditions by the Customer shall only bind the Company if the company specifically so agrees in writing and unless and until it does so any contract between the parties shall be governed by these Conditions.

2. Cost Variation: Quotations are based on the current costs of production and are subject to amendment by the Company both before and after the placing of any order in the event of any rise or fall in such costs. Where paper is to be supplied by the Company, it should be noted that the prices quoted are subject to any increases that may be applied at the time of delivery; and that it is impossible to guarantee either price levels or availability, since these matters are beyond the Company’s control.

3. Taxes: All quotations unless specifically stated to the contrary by the Company in writing are exclusive of V.A.T., purchase tax and any other tax amending or replacing the same and the Customer shall therefore be liable to pay such tax or taxes.

4. Preliminary Work: All work 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 should be submitted for customer’s approval and the Company 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 Company’s judgement, changes there from made by the customer shall be charged extra.

7. Delivery and Payment: (a) Delivery of work shall be accepted when tendered. The Company normally (subject to special agreement) will make one delivery of any goods ordered but it reserves the right to make delivery by such installments as it finds convenient.
(b) Should the Customer request and the Company agree that the contractual delivery date be advanced the Company reserves the right to make additional charges for any expenses involved in complying with such request.
(c) Property in all goods produced or supplied by the Company shall pass only when payment is made but risk shall pass on delivery.
(d) Although the Company’s terms for payment are one month net from date of invoice (subject to special agreement) the Company reserves the right where any payment whether under this Contract or not is overdue from the Customer to the Company (i) to suspend any deliveries and/or work; and/or (ii) to require payment contemporaneously with delivery.
(e) If a Customer expressly asks for delivery to be delayed or by its own acts or omissions delays one execution of the work and/or delivery the Company shall be entitled forthwith for payment of all work executed whether delivered or not and also to be reimbursed the costs of any materials ordered for the Customer without prejudice to any other rights it may have against the Customer.
(f) If a Customer wrongfully refuses delivery or requests the Company to store any goods on its behalf the Company reserves the right to make a reasonable storage charge including the cost of handling and transportation to and/or from a warehouse.

8. Variations in Quantity: Every endeavour will be made to deliver the correct quantity ordered but a variation of ten per centum either way shall be allowable and charged or credited (as the case may be) to the Customer.

9. Claims: (a) Claims for total non-delivery must be made within twenty-eight days of the date of the Company’s invoice.
(b) Claims for damage, delay or partial loss of goods in transit must be made to the Company (and if applicable to the carrier) within three days of delivery.
(c) Any claims not falling within the categories listed in (a) and (b) above must be made to the Company within ten days of delivery.
(d) All claims must be made in writing and delivered by hand or sent by first class pre-paid post to the Company’s offices.
(e) The Company shall be under no obligation to entertain a claim which is not made within the time limits herein specified.
(f) In no circumstances shall the customer make any claim after they have physically moved all or any part of the goods from the premises to which they have been delivered so that the Company’s liability to remedy any defects etc., shall be kept to a minimum.

10. Liability: (a) The Company’s liability for non-performance shall be limited to the return of any materials supplied by the Customer where this is still possible.
(b) The Company’s liability for defective workmanship shall be limited to rectifying such defect.
(c) Subject to the provision contained in paragraph (a) above and without prejudice to the generality of the foregoing the Company shall in no circumstances be liable for any kind of consequential loss suffered by the Customer as a result of non performance or defective performance by the Company.

11. Standing Matter: (a) Digital media, film and other materials used by the Company in the production of type, imagesetting, negatives, positives, and the like shall remain its exclusive property.
(b) Digital media, film and other materials may be distributed and 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: Customer’s property and all property supplied to the Company by or on behalf of the customer shall while it is in the possession of the Company or in transit to or from the customer be deemed to be at the customer’s risk unless otherwise agreed and the customer should insure accordingly. The Company shall not be liable for any loss of or damage to such property howsoever occasioned.

13. Material Supplied by Customer: (a) The Company may reject any digital media, film, paper, and other materials supplied by the Customer which appear to it to be unsuitable whether before or during production, and in such case the Company can at its discretion either call on the Customer to replace the digital media, film, paper, and other materials, or supply them itself, and in either event the Company may make any additional charge for the expenses incurred by it.
(b) Where a Customer supplies or specifies the digital media, film, paper, and other materials to be used the Company accepts no responsibility for defective products where such defect is attributable to such digital media, film, paper, and other materials.
(c) Where a Customer supplies the digital media, film, paper, and other materials it is understood that the quantity to be supplied shall take into account normal spoilage.

14. Insolvency: If the Customer ceases to discharge his liabilities in the ordinary curse 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 Company without prejudice to other remedies shall (i) have the right not to proceed further with the contract of 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 work 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 Company 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, intellectual or other rights of any third party.
(b) The Company 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 person 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.

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 on any one issue. Nevertheless the Company may terminate any such contract forthwith should any sum due thereunder remain unpaid.

17. Force Majeure: (a) The Company will use all reasonable endeavours to carry out the contract but the Company shall be entitled without incurring any liability to the Customer either to cancel or vary (if necessary more than once) the contract as a result of inability or difficulty in securing labour, materials, or supplies, or as a result of any act of God, war, strike, lockout or other labour dispute, fire, flood, drought, statutory enactment or any other cause (whether of the kind enumerated or not) beyond the reasonable control of the Company.
(b) Where a contract is cancelled by the Company under the provisions of paragraph (a) above or is frustrated by one of the matters referred to in paragraph (a) above the Company shall be entitled to recover from the Customer the cost of any work executed prior to the date of cancellation or the date on which the contract is to be regarded as having been frustrated.

18. Law and Jurisdiction: (a) The contract between the Customer and the Company shall be governed by English law and all disputes shall be referred to an Arbitrator appointed under the provisions of the Arbitrative Acts.
(b) In the case of a non-English Customer service of any proceedings on such Customer shall be deemed to have been duly effected if sent to such Customer by registered post at its last known address.

19. Overdue Accounts: (a) Settlement will be due in full by the end of the month following the one in the invoice was dated e.g. an invoice dated 21st November will require settlement by 31st December.
(b) When it is necessary to write and send a reminder, make a phone call or chase payment by some other means, a minimum administration charge of £15 (fifteen pounds) may be levied.
(c) Court action will be taken to recover overdue accounts.

20. Implication: the placing of an order implies acceptance of the above Terms and Conditions.