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1 Basis of Contract
1.1 The definitions in clause 29 apply in these Conditions.
1.2 A Quotation constitutes an offer by the Printer to supply Services to the Customer in accordance with these Conditions.
1.3 The Printer shall supply the Services to the Customer in accordance with the Specification in all material respects. The Printer reserves the right to amend the Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Printer shall notify the Customer in any such event.
1.4 The Printer warrants to the Customer that the Services will be provided using reasonable care and skill.
2 Cost Variation
2.1 Quotations are based on the current costs of production and subject to amendment by the Printer on or at any time after acceptance to meet any rise or fall in such prices.
2.2 Quotations may be accepted by the Customer in writing or verbally and will be confirmed in writing by the Printer.
2.3 Any quotation is valid for a period of 28 days from its date, provided that the Printer has not previously withdrawn it.
2.4 The Printer?s costing data will only be disclosed to the Customer with the specific authorisation of a Director of the Printer.
3.1 The Printer shall be entitled to charge the amount of any Value Added Tax payable whether or not included on the quotation or invoice.
4 Preliminary Work
4.1 All work carried out, whether experimentally or otherwise, at Customer?s request shall be charged.
5.1 A charge may be made to cover additional work involved where digital copy, magnetic or otherwise supplied by the Customer or his agent is not clear or machine readable.
6.1 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.
7.1 The Customer shall be solely responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs, literatures, maps etc. The Customer will indemnify the Printer and his agents from any claim arising thereof.
8 Delivery and Payment
8.1 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 and is payable without set-off or counter-claim within 30 days unless otherwise agreed in writing.
8.2 Unless otherwise specified the price is for delivery of the work to the Customer?s address as set out in the Quotation. A charge may be made to cover any extra costs involved for delivery to a different address.
8.3 Should expedited delivery be agreed an extra charge may be charged to cover any overtime or any other additional costs involved.
8.4 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.
8.5 If the Customer fails to make a payment due to the Printer by the due date the Printer may charge the Customer interest on the overdue amount at 4% above the Bank of England?s base rate from time to time.
9 Completion Dates
9.1 All delivery dates/times given are approximate, unless a guaranteed delivery date has been agreed in writing and the appropriate guarantee payment received. Although every effort will be made to meet such approximate dates, due to the nature of the process the Printer cannot accept any liability or consequential loss claims arising from such a completion date not being met other than to the extent of the refund of any premium charges which may have been paid.
9.2 During processing, the Printer will contact the Customer on receipt of artwork, when proofs are prepared, when the product is ready for despatch and at other times as are mutually agreed between the Printer and the Customer. Any problems affecting delivery will be communicated promptly to the Customer.
10 Variation in Quantity
10.1 Every endeavour will be made to deliver the correct quantity ordered, but quotations are conditional upon a margin of 5 per cent (in colour work 10 per cent) being allowed for overs or shortages the same to be charged or deducted.
11 Ownership and Risk
11.1 The risk in all goods delivered in connection with the work shall pass to the Customer on delivery.
11.2 Title to 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.
11.3 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.
11.4 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.
12.1 Claims arising from damage, delay or partial loss of goods in transit or of nondelivery 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 dispatch of the goods). All other claims must be made in writing to the Printer within 10 days of delivery.
13.1 Subject to clause 13.3, but otherwise notwithstanding anything to the contrary in the
13.1.1 the liability of the Printer under or in connection with the Contract whether in contract or in tort, in negligence, for breach of statutory duty or otherwise (other than in respect of personal injury or death) shall not exceed in
aggregate 100% of the fee income payable by the Customer in respect of the Quotation giving rise to the liability; and
13.1.2 the Printer shall not in any event be liable for any loss of profit, or for indirect or consequential loss or third party claims under or in connection with the Contract, whether as a result of the Printer?s negligence or otherwise.
13.2 Insofar as is possible and permitted by law where work is defective for any reason, including negligence, the Printer shall in the first instance attempt to rectify such defect. Where the Printer rectifies 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 repudiate the Contract, fail to pay for the work or cancel further deliveries.
13.3 Nothing in these Conditions shall exclude the Printer?s liability for death or personal injury as a result of its negligence, or the negligence of its employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; or any matter in respect of which it would be unlawful for the Printer to exclude or restrict liability.
14 Standing matter
14.1 Customer?s artwork, discs, film, illustrations, transparencies, plates and any other materials may be stored at the Printer?s premises at the Customer?s risk. Where there is no written agreement to the contrary the Printer may dispose of the
Customer?s materials after the order is executed. Customer?s materials as detailed above may be stored at the Printer?s premises only after written agreement and in such cases rent may be charged by the Printer.
15 Customer?s Property and Property Supplied
15.1 Customer?s property and all property supplied to the Printer by or on behalf of the Customer will be held at the Customer?s risk and Customer?s should insure accordingly.
15.2 Where materials are supplied or specified by the Customer, 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.
15.3 The Printer may reject any paper or other materials supplied or specified by the Customer which appear to him to be unsuitable.
15.4 Additional cost incurred if materials are found to be unsuitable during production may be charged or if the said defective materials cause an unreasonable delay to the Printer.
15.5 Where the Customer supplies materials adequate quantities shall be supplied to cover normal spoilage.
15.6 Both parties will comply with all applicable requirements of the data protection legislation.
16.1 If the Customer ceases to pay debts in the ordinary course of business or cannot pay their 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 which has an act of bankruptcy petition issued against him, the Printer without prejudice to other remedies shall:
16.2 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; and
16.1.2 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 to 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.
17.1 The Printer will at their discretion determine whether a trade account will be opened after obtaining relevant references and bank opinions supplied by the Customer. Accounts are normally only available to council and government bodies and PLC
companies and such work only undertaken on the provision of a duly signed purchase order. Such invoices are issued strictly on a net monthly account, the Printer reserves the right to charge interest on overdue accounts and or to close accounts at any time, in such events all monies, whilst due or not becoming immediately payable.
18 General Lien
18.1 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.
19 Illegal Matter
19.1 The Printer shall not be required to print any matter which in its sole and final opinion is or may be of an illegal or libellous or inappropriate nature or an infringement of the proprietary or other rights of any third party, such conditions being extended to material of an extreme or political nature.
19.2 The Printer reserves the right to refuse to print any matter which in his opinion may be prejudicial or detrimental to the good of the Printer and or its agents.
19.3 The Customer hereby warrants to the printer and their assignee?s, licensees,printers and distributors that the matter to be printed is in no way a violation or infringement of any existing copyright or license, or duty of confidentiality, or duty to respect privacy, or any other right of any person or party whatsoever, that it contains nothing libellous, that all statements contained therein purporting to be facts are
true and that any receipt, formula or instruction contained therein will not, if followed accurately, cause any injury, illness or damage to the user. The Customer further warrants that the matter to be printed contains no obscene or improper or blasphemous material nor is in breach of Official Secrets Acts nor is in any other way unlawful.
19.4 The Printer shall be indemnified by the Customer in respect of any actions, suits, proceedings, claims, demands and costs (including any legal costs or expenses properly incurred and any compensation, costs and disbursements paid by the Printer on the advice of their legal advisers to compromise or settle any claim)occasioned to the Printer in consequence of any claim alleging that the Printer has printed anything which may be a breach of this warranty.
20 Suitability of Products
20.1 The Printer accepts no responsibility for the suitability of any printed product. In cases where such printing may be used for clothing labels, food packaging etc it is the Customer?s sole responsibility to ensure the suitability prior to printing.
21 Periodical publications
21.1 A contract for the printing of a periodical publication may not be terminated by either party unless written notice is given as follows:
21.1.1 One month notice in the case of periodicals produced weekly
21.1.2 Two months notice in the case of periodicals produced fortnightly
21.1.3 Three months notice in the case of periodicals produced monthly
21.1.4 Six months notice in the case of periodicals produced quarterly
Nevertheless the Printer may terminate any such contract forthwith should any sum due thereunder remain unpaid.
22 Right to Cancel
22.1 The Printer reserves the right to cancel ANY order at ANY time without reason where such orders are cancelled any monies due will be refunded EXCLUDING any costs incurred as a result of work done on the instructions of the Customer or their agents.
22.2 Where the Customer cancels any order he is liable for any costs incurred to date including the cost of any materials purchased in contemplation of the Customer?s order in addition to any artwork / setup or printing costs incurred.
23.1 Details of any complaint must be received by the Account Handler (details of whom will be provided to the Customer in the quotation paperwork) in writing. The Account Handler will endeavour to reply to the Customer within 5 days of receipt of the complaint in an effort to resolve the matter.
23.2 If the matter cannot be resolved between the parties, the parties will attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure.
24 Force Majeure
24.1 The Printer shall be under no liability if he shall be unable to carry out any provisions 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.
25.1 No variation of this agreement or these conditions shall be valid unless it is in writing and signed by or on behalf of each of the parties.
26 Status of Pre-contractual Statements
26.1 Each of the parties acknowledges and agrees that, in entering into the Contract it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract) relating to the subject matter of the Contract, other than as expressly set out in these Conditions.
27.1 These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
28 Application of Conditions
28.1 These conditions shall:
28.1.1 apply to and be incorporated into any contract between the parties; and
28.1.2 prevail over any inconsistent terms or conditions contained, or referred to, in the Customer?s purchase order, confirmation of order, acceptance of a quotation or specification, or implied by law, trade custom, practice or course of dealing.
29.1 Conditions: these terms and conditions as amended from time to time in accordance with clause 25.
29.2 Contract: the contract between the Printer and the Customer for the supply of Services in accordance with these Conditions.
29.3 Customer: the person or firm who purchases Services from the Printer.
29.4 Quotation: the Printer?s quotation for the provision of Services to the Customer.
29.5 Services: the print services supplied by the Printer to the Customer as set out in the Quotation.
29.6 Specification: the description or specification of the Services (if any) set out in writing in the Quotation.
29.7 Printer: Belmont Press Limited registered in England and Wales with company number 00504862.