Where appropriate for ‘printer’ read ‘binder’
1. Price variation 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.
2. Tax The printer reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
3. Preliminary Work All work carried out, whether experimentally or otherwise, at customer’s request shall be charged. Discs are accepted Mac formatted with laser proofs and all necessary information. Disks may involve additional work and incur extra charges.
4. Copy A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
5. Instructions In addition to the price agreed between the Company and Customer, The Customer shall pay any additional or increased cost or expense incurred by the Company by reason of any suspension or delay in manufacture or delivery of the Goods caused by inadequate or defective instructions given by the customer or by the lack of or incompleteness of such instructions or by any variations requested by the Customer in specifications concerning design, power or performance of the Goods or by any act omission or default of the Customer.
6. Fault of the Customer The company shall have no liability to the customer for any loss, damage, costs, expenses or other claims for compensation arising from any Input Material or instructions supplied by the Customer which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the client.
7. Proofs 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. Chromalins or inkjet proofs should not be used for a colour match. They confirm presence of copy and indicate position and type of colour only. Pantone references should be taken from marked up film.
8. Delivery and Payment Delivery dates where given are the Company’s estimate only and unless otherwise provided no penalty shall be incurred by the Company due to failure to supply at the estimated date, or at all.
a) Where credit is given invoices must be paid in full within thirty days of the date of invoice. No discount may be taken or cash for prompt payment or any other reason unless expressly agreed in writing by the Company. The Company reserves the right to cancel or amend credit terms to any Customer without giving reason.
b) Delivery of work shall be accepted when tendered and ownership shall not pass until paid for in full
c) 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.
d) Should expedited delivery be agreed an extra charge may be made to cover any overtime or any other additional costs involved
e) 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 payment for work already carried out, materials specially ordered and other additional costs including storage.
f) Should the goods or any of them be incorporated into or otherwise joined with any other goods or things whatsoever, such incorporation shall be deemed to have been effected on behalf of the printer and the printer shall have full legal and beneficial ownership of the new product thereby created.
g) Subject to sub paragraph e) hereof, the customer shall be at liberty to sell on the goods in the ordinary course of its business provided that if the customer sells any of the goods as aforesaid it shall sell as agent and bailee of the printer in law and in equity (and such sale shall give rise to no obligations whatsoever whether contractual or otherwise on the printer) and the proceeds of sale shall belong to and be held by the customer for the printer
9. Variations in quantity Every reasonable endeavour will be made to deliver the correct quantity order, 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 or shortage (4 per cent and 8 per cent respectively for quantities exceeding 50,000) the same to be charged or deducted.
10. Claims 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 of non-delivery, within 21 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 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 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 (I) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
11. Liability The printer shall not be liable for any loss to the customer arising from delay in transit not caused by the printer.
The liability of the Company to the customer for any loss damage of whatsoever nature caused shall be limited to and in no circumstances exceed the price of the goods.
The Company shall not be liable for any costs, claims or damage arising out of any act, breach of contract or statutory duty calculated by reference to profit, income production or of such profits, income production or accruals or by reference to accrual of such claim, damage or expenses on a time basis. Except in respect of death or personal injury caused by the Company’s negligence or breach of contract, or liability for defective Products under the Consumer Protection Act 1987, the Company shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty condition or other term, or any duty at Common Law, or under the express terms of the contract, for any loss of profit, or any indirect, special or consequential loss or damage, loss, expenses or other claims for compensation whatsoever, (whether caused by the negligence or breach of contract of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the products or the provision of the services or their use or re-sale by the customer, and the entire liability of the company under or in connection with the contract shall not exceed the price of the products or the amount of the charges for the provision of the services, except as expressly provided in these timers.
12. Standing material
(a) Metal, film, glass and other materials owned by the printer and used by him in the 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) Type may be distributed and lithographic, photogravure 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.
(c) Standing artwork, film, plates, cdroms, disks etc. will be kept for a maximum of eighteen months form last print order unless otherwise agreed.
13. Customer’s property
(a) Except on the case of a customer who is not contracting in the course of a business nor holding himself our as doing so, customer’s 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 should insure accordingly. Accordingly the Company shall have no liability in respect of Input Material lost or damaged through any process providing it has taken reasonable care to avoid or minimise such loss or damage and the Customer acknowledges that it should ensure it retains copies of any input material of a valuable or irreplaceable nature.
(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.
14. Copyright All patterns, designs, drawings and other documents prepared in connection with the Order of the Contract for supply to the customer and any copyright and design right in those documents shall belong to Kingate Press (Birmingham) Ltd.
15. Material supplied by the customer
(a) The printer may reject any paper plates or other materials supplied or specified by the customer which appear to him to be unsuitable. Additional cost incurred if materials are found to be unsuitable during productions 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 reasonable 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 so supplied shall be adequate to cover normal spoilage.
16. Insolvency 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 charge to be an immediate debt due to him, and 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 day’s 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.
The Company reserves the right to recover from the Customer any legal cost incurred in the proper pursuit of monies owed by the Customer to the Company and to charge interest at the rate of 3% of any such debt per calendar months for so long a such debt shall remain outstanding beyond 30 days from the date of the invoice, or such other percentage as may from time to time be notified. The Company also reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1988.
17. Illegal matter
(a) The printer shall not be required to print any matter which in his opinion is or may be of an illegal or libellous nature an infringement of the proprietary or other rights of any third party, or which may otherwise be prejudicial or detrimental to the good of the Company’s business..
(b) The printer shall be indemnified by the customer in respect of any claims, liabilities, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, trademark, design or of 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.
18 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 printer may terminate any such contract forthwith should any sum due thereunder remain unpaid.
19 Force majeure The printer shall be under no liability if he shall be unable to carry our 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 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.
20 The company reserves the right to amend or waive any or all of these conditions without affecting any other of these conditions and without notice.
21 These conditions shall be deemed to be incorporated in all contracts of Kingate Press (Birmingham) Ltd. In the case of any inconsistency with any order of form or contract sent by the purchaser and the provision of these conditions shall prevail unless varied in writing and signed by a director on behalf of Kingate Press (Birmingham) Ltd.
22 Law These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
