ALL CONTRACTS ENTERED INTO AND ALL WORK UNDERTAKEN BY THE PRINT FINISHER SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS:
1 Costs Variation: Quotations are based on the current costs of production and are subject to amendment by the print finisher on or at any time after acceptance to meet any rise or fall in such costs. Notification of any such amendment shall be given to the customer by the print finisher and such amended price shall be deemed to be substituted for the price quoted overleaf or accompanying this quotation from the date set out in such notification but this contract shall otherwise remain subject to the Conditions of Acceptance as set out herein.
2 Value Added Tax: The print finisher shall be entitled to charge the amount of any Value Added Tax or other Tax for the time being remaining in force whether or not included on the quotation or invoice.
3 Preliminary Work: Work carried out whether experimentally or otherwise at customers request will be charged.
4 Proofs: Proofs of all work may be submitted for customers approval and the print finisher shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customers alterations and additional proofs necessitated thereby shall be charged extra.
5 Delivery and Payment:
a) Delivery of work shall be accepted when tendered and thereupon or upon notification that the work has been completed the ownership shall pass and payment shall become due in accordance with the terms of credit agreed between the parties. If payment shall not be made on or before the due date the customer shall pay interest to the print finisher on the balance outstanding from the due date until payment and the prescribed rate of interest for the purposes of this clause shall be 4% above the Bank of England minimum lending rate operative at the date hereof.
b) Storage may be charged to the customer for completed work not accepted when tendered.
c) Should expedited delivery be agreed and necessitate
overtime or other additional costs an extra charge may be made.
d) Should work be suspended at the request of or delayed through any default of the customer the print finisher shall then be entitled to payment forthwith for work already carried out and materials specially ordered.
e) In the event of delay or cancellation of any publication not less that 48 hours notice from scheduled press time shall be given by the customer to the print finisher failing which the
cancellation charges equivalent to the cost to the print finisher of machine time lost shall be payable forthwith by the customer and without prejudice to other claims.
6 Variation in Quantity: Every endeavour will be made to deliver the correct quantity ordered but quotations are conditional upon margins of 5% being allowed for wastage.
7 Claims: Advice of damage, delay or partial loss of goods in transit or of non delivery must be given in writing to the print finisher and the carrier within three clear days of delivery (or in the case of non delivery, within 28 days of despatch of goods) and any claim in respect thereof must be made in writing to the print finisher 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 print finisher within 28 days of delivery. The print finisher 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,
b) advice (where required) was given and the claim was made as soon as reasonably possible.
a) The print finisher 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.
b) Where work is defective or deficient in quantity for any reason including negligence the print finishers liability (if any)
shall be limited to rectifying such defect and any other liability for loss whether direct or indirect is expressly excluded.
9 Customers Property: Customers property and all property supplied to the print finisher by or on behalf of the customer will be held, worked on and carried at customers own risk.
10 General Lien: Without prejudice to other remedies the print finisher shall 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 whether paid for or not) and shall be entitled on the expiration of 14 days notice to dispose of such goods or property as he thinks fit and to apply any proceeds towards such debt.
11 Illegal Matter:
a) The print finisher shall not be required to finish any matter which in his opinion is or may be of an illegal or libellous nature.
b) The print finisher shall be indemnified by the customer in respect of all claims, costs and expenses arising out of any libellous or illegal matter finished for the customer or any infringement of copyright, patent or designs.
12 Periodical Publications: A contract for the print finishing of periodical publications may not be terminated by either party unless written notice is given as follows:
Length of Notice
Nature of Publication given at any time
Fortnightly 13 weeks
Quarterly 26 weeks
Nevertheless the print finisher may terminate any such contract without giving such notice as above should any sum due from the customer remain unpaid at the expiration of the agreed credit period (if any).
13 Force Majeure:
a) Every effort will be made to carry out the contract but its due performance is subject to cancellation by the print finisher or to such variation as he may find necessary as a result of any act of God, war, strike, lockout, breakdown of plant or other labour dispute, fire, flood, drought, legislation or other cause (whether of the foregoing class or not) beyond the print finishers immediate control.
b) In the event of cancellation or variation as above due to circumstances beyond the control of the print finishers all sums due in respect of work carried out by or on behalf of the print finisher for the customer up to and including the date of such cancellation or variation shall become payable in accordance with the terms of credit (if any) agreed between the parties as if the contract had been completed.
14 Law: These conditions and all other express terms of the contract shall be governed and construed in accordance with the Laws of England.