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Terms & Conditions
These Conditions shall apply to all goods and services supplied by
the Company. Any provision, stipulation or condition in the conditions
of order of the person, firm or company to whom such goods and services
are supplied ('the Customer') or otherwise which conflicts with or
in any way qualifies or negates any of these Conditions shall have
no effect and these Conditions shall prevail.
1. Charges, Estimates and VAT
(a) The Company shall charge such costs charges and expenses as shall
be agreed in writing with the Customer for the supply of any goods
and services.
(b) Any estimates given are based on the Company's current costs of
production and, unless expressly otherwise agreed in writing are subject
to amendment on or at any time after acceptance by the Customer to
cover any rise or fall in such costs.
(c) Unless otherwise stated all costs, charges and expenses are exclusive
of Value Added Tax.
2. Additional Charges
The Company reserves the right to make additional charges in respect
of all costs charges and expenses incurred by the Company beyond normal
allowances including but not limited to those caused by or arising
out of:
(a) copy supplied not being clear and legible;
(b) author's corrections or other work not specified in the estimate;
(c) overtime working by the Company's staff or subcontractors;
(d) additional use of fax, telex, couriers and similar facilities;
and
(e) additional or expedited deliveries, packing or mailing.
3. Preliminary Work
All preliminary work carried out at the Customer's request, whether
experimentally or otherwise, shall be charged to the Customer.
4. Terms of Payment
(a) The Company reserves the right:
(i) to invoice the Customer stage by stage at the companies discretion;
(ii) to invoice the Customer for disbursements (including but not
limited to postage) incurred by the Company and any such invoice shall
be due and payable immediately;
(iii) to require the Customer to provide payments on account for work
done or to be done and expenses incurred or likely to be incurred
on the Customer's behalf;
(iv) to suspend work until such payments are made.
(b) All other invoices shall be paid in full within thirty days of
the date of invoice unless otherwise agreed in writing.
(c) Without prejudice to any other remedy available to it the Company
shall be entitled to charge interest on overdue invoices at the rate
of 8 per cent per annum pursuant to Section 69 of the County Court
Act 1984 from time to time in force and such interest shall accrue
at such rate after as well as before any judgment.
(d) Goods or services supplied to or commenced at the request of an
agent for the Customer shall be chargeable to that agent as well as
to his principal.
5. Proofs
Proofs of all work may be submitted for the Customer's approval and
the Company shall not be liable for errors not corrected by the Customer
in such proofs. The Customer's alterations and additional proofs necessitated
thereby shall be charged as additional charges.When style, type or
layout is left to the Company's judgment, changes there from made
by the Customer shall be charged as additional charges. No responsibility
will be accepted for any errors in proofs approved by the Customer.
6. Variations in Quantity
The Company will endeavour to deliver the correct quantity ordered
but estimates are conditional on margins of 5 per cent for work in
one colour only and 10 per cent for other work being allowed for overs
or shortage which shall be charged or deducted as appropriate.
7. Property and Risk in Goods
(a) The Customer shall be deemed to have accepted the goods and services
on delivery but the Company shall retain ownership of all materials
and goods produced by it to the order of the Customer until all goods
and services provided to the Customer have been paid for in full.
(b) The risk in the goods shall pass to the Customer upon delivery
which for the avoidance of doubt means from the commencement of unloading
activities or when collected from the Company by the Customer or its
Agent as the case may be.
(c) Metal film, electronic data and other materials owned by the Company
or its supplier and used by the Company for example in the production
of film setting, negatives, positives, plates, etc shall remain the
exclusive property of the Company or its supplier as the case may
be.
(d) Any material made available to the Company by or on behalf of
the Customer shall, while it is in the possession of the Company or
in transit, be at the Customer's risk and the Company shall not be
liable for any damage to such materials however caused and the Customer
shall insure the said material accordingly.
(e) (i) Electronic data may be erased from memory and lithographic,
or other work effaced immediately after the order is completed unless
written arrangements are made to the contrary, whereupon a storage
fee may be charged to the Customer.
(ii) The Company shall be entitled to destroy any other materials
supplied to it by or on behalf of the Customer upon the earlier of
12 months after they come into the Company's possession or one month
after written notice has been given by the Company to the Customer.
(f) The Company shall be entitled to make a reasonable charge for
the storage of any Customer's property left with the Company before
receipt of the order or after notification to the Customer of completion
of the work.
8. Materials Supplied by the Customer
(a) The Company may reject any paper, disks, plates or other materials
supplied or specified by the Customer which appear to the Company
unsuitable. Additional costs incurred if materials are found to be
unsuitable during production may be charged to the Customer.
(b) Where materials are supplied or specified by the Customer, the
Company will take every reasonable care to secure the best results,
but responsibility will not be accepted for imperfect work caused
by defects in or unsuitability of materials 90 supplied or specified.
(c) Quantities of materials supplied shall be sufficient to cover
normal spoilage.
(d) Any additional costs incurred by the Company where disks, etc.,
are supplied by the Customer without adequate instructions, that result
in re-running may at the discretion of the Company be charged to the
Customer.
9. Periodical Publications
A contract for the printing of a periodical publication shall 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.
Such notice may be given at any time but whenever possible should
be given after completion of work on any one issue.
10. Indemnity and Illegality
(a) The Company shall not be required to print any matter which in
its opinion is or may be of an illegal or libellous nature or an infringement
of any proprietory or other right of any third party.
(b) The Customer shall indemnify the Company and keep it indemnified
against all or any costs, claims, damages, demands and expenses (including
legal costs) which may be incurred by or made against the Company
by any third party by reason of the supply of the Company's goods
or services in accordance with the Customer's instructions.
11. Claims Against the Company
(a) The Company reserves the right at any time to alter its product
specification without giving prior notice to the Customer.
(b) The Company shall not be liable to the Customer for any damage
to goods or delay in delivery of goods in transit unless the Customer
notifies the Company in writing within seven days of delivery failing
which the goods shall be conclusively deemed to have been accepted
by the Customer.
(c) In any event the Company shall not be liable for any consequential
damage however arising.
12. Insurance
The Customer shall be responsible for effecting all necessary insurance
in respect of any damage, or expense that it may suffer directly or
indirectly in relation to the provision or non-provision of the Company's
goods and services.
13. Suspension and Termination
The Company shall be entitled:
(a) to suspend its performance of the contract if the Customer shall
be in breach of any of its obligations; and
(b) to determine the contract without notice in the event of the bankruptcy,
insolvency or liquidation of the Customer at any time or the levying
of any distress, execution or other legal process upon the Customer's
assets or in the event of a receiver being appointed over all or any
part of the Company's assets or in the event of a continuing breach
by the Customer of any of its obligations.
14. Waiver
The waiver or non-enforcement by the Company of any breach or non
observance of any of these Conditions shall not prevent the subsequent
enforcement of these Conditions in full and shall not be deemed a
waiver of any subsequent breach.
15. Force MaJeure
The Company shall not be liable for any delay or failure to perform
any of its contractual obligations as a result of war, flood, storm,
riot, fire, accident, civil commotion, acts of god, government action,
failure of power supply, equipment failure, lock out, strike, default
or failure of subcontractor or suppliers or any other cause beyond
its reasonable control and the Company shall not be liable for any
damage or expense suffered by the Customer or any third party arising
directly or indirectly from any of such matters.
16. Variation
(a) These Conditions shall not be varied, waived or modified except
in writing under the hand of a duly authorised officer of the Company.
(b) These Conditions override any differing conditions which may appear
on the Customer's order form or other document.
(c) The Company reserves the right to vary these Conditions from time
to time subject to giving prior written notice to the Customer.
(d) Any provision of these Conditions which is or may be void or unenforceable
shall to the extent of such invalidity or unenforceability be deemed
severable and shall not affect any other provision of these Conditions.
(e) The headings used herein are for convenience only and shall not
affect the meaning or construction of these Conditions.
17. Notice
Any notices required to be given under these Conditions shall be in
writing and shall be served by prepaid first class letter addressed
to the party to which it shall be sent at its principal place of business
or such other address as may have been notified pursuant to this provision
to the party giving the notice and shall be deemed to be delivered
48 hours after posting.
18. Proper Law and Jurisdiction
These Conditions shall be governed and construed according to English
Law and the parties irrevocably submit to the non-exclusive jurisdiction
of the English Courts.
19. Licences
Where a number of design options have been produced for a customer,
only the chosen designs are licenced for use by the client. All other
designs remain the property of Andy Mayers Graphic design.
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