| 1. Price variation
– Estimates are based on the printing.com
reseller 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 – Except
in the case of a customer who is not
contracting in the course of a business
nor holding himself out as doing so,
the printing.com reseller 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.
4. Copy –
A charge may be made to cover any
additional work involved where copy
supplied is not clear and legible.
5. Proofs –
Proofs of all work may be submitted
for customer's approval and the printing.com
reseller 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 printing.com reseller's
judgement, changes therefrom made
by the customer shall be charged extra.
6. Copyright –
Unless negotiated and agreed in writing,
the copyright of General Artwork,
Commissioned Artwork and Illustrations
belong to printing.com. printing.com
may use any artwork or printing produced
by itself for the purposes of promoting
itself. The customer shall be responsible
for obtaining all necessary authority
to reproduce pictures, artwork, photographs,
etc. The customer will indemnify the
printing.com reseller and his agents
from any claim arising thereof.
7. Company imprint
– Unless otherwise specifically
requested in writing all work will
carry our company imprint which will
be positioned at our discretion.
8. Delivery and payment –
For orders made on a Guaranteed Turnaround
service – Should we fail to
deliver within the agreed schedule
(see also 9. Variations in quantity),
a ‘credit' will be awarded.
The customer will still be obliged
to pay in full for the order, including
any premium, but will receive an additional
‘credit' (redeemable against
future orders within 6 months of issue)
up to the value of the order. These
services rely on the customer not
delaying the progression of the order
in any way, eg. not returning proofs
on time or failing to make payment.
In such circumstances, the printing.com
reseller will still make the premium
surcharge, but will not be bound by
any guarantee.
(a) Delivery of work shall be accepted
when tendered and thereupon or, if
earlier, on notification that the
work has been completed the ownership
shall pass and payment shall become
due.
(b) Unless otherwise specified the
price quoted is for collection of
the work from the printing.com reseller
or printing.com Production Hub. A
charge may be made to cover any extra
costs involved for delivery to a different
address.
(c) Should expedited delivery be
agreed an extra may be charged to
cover any overtime or any other additional
costs involved.
(d) Should work be suspended at the
request of or delayed through any
default of the customer for a period
of 30 days the printing.com reseller
shall then be entitled to payment
for work already carried out, materials
specially ordered and other additional
costs including storage.
9. Variations in quantity
– Every endeavour will be made
to deliver the correct quantity ordered.
However some variation is inherent
in the print process and it is understood
and accepted as reasonable that minor
variations (defined below) are not
material to the contract. In order
to maintain low prices by avoiding
frivolous claims, no claim will be
accepted in lieu of said immaterial
shortage. For other variations a pro
rata credit or 1.5x pro rata credit,
redeemable against future orders will
be awarded as defined below:
| Quantities |
No
Credit awarded |
Pro
Rata Credit |
1.5x
Pro Rata Credit |
| up to 1,000 |
Shortage up to 10% |
11% to 20% |
21% to 25% |
| up to 5,000 |
Shortage up to 7% |
8% to 15% |
16% to 23% |
| up to 20,000 |
Shortage up to 5% |
6% to 12% |
13% to 21% |
| above 20,000 |
Shortage up to 4% |
5% to 10% |
11% to 20% |
10. Claims –
Advice of damage, delay or partial
loss of goods in transit or of non-delivery
must be given in writing to the printing.com
reseller and the carrier within three
clear days of delivery (or, in the
case of non-delivery within 28 days
of despatch of the goods) and any
claim in respect thereof must be made
in writing to the printing.com reseller
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 printing.com
reseller within 28 days of delivery.
The printing.com reseller 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 printing.com reseller shall not
be liable for any loss to the customer
arising from delay in transit not
caused by the printing.com reseller.
12. Standing material
– (a) Metal and other materials
owned by printing.com and used by
him in the production of plates, film-setting,
negatives, positives and the like
shall remain our exclusive property.
Such items when supplied by the customer
shall remain the customer's property.
(b) Lithographic or together work
may be effaced immediately after the
order is executed unless written arrangements
are made to the contrary. In the latter
event, rent may be charged.
13. Customer's property
– (a) Except in the case of
a customer who is not contracting
in the course of a business or holding
himself out as doing so, customer's
property and all property supplied
to the printing.com reseller by or
on behalf of the customer shall while
it is in the possession of the printing.com
reseller 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.
(b) The printing.com reseller shall
be entitled to make a reasonable charge
for the storage of any customer's
property left with the printing.com
reseller before receipt of the order
or after notification to the customer
of completion of the work.
14. Materials supplied by
the customer – (a)
The printing.com reseller 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
production 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 printing.com
reseller 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 printing.com reseller
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.
(c) Quantities of materials supplied
shall be adequate to cover normal
spoilage.
15. Credit terms
– For invoices not settled within
the agreed credit terms, the printing.com
reseller reserves the right to charge
interest on the overdue debt at 2%
above the HSBC base rate at the time
and an administration fee to cover
the debt recovery costs.
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 printing.com
reseller 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 (ii)
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
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. Illegal matter –
(a) The printing.com reseller 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
or other rights or any third party.
(b) The printing.com reseller 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 of or 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 printing.com reseller may terminate
any such contract forthwith should
any sum due thereunder remain unpaid.
19. Full colour printing
– Every effort will be made
to obtain the best possible colour
reproduction on customer's work but
because of the nature of the processes
involved, the printing.com reseller
shall not be required to guarantee
an exact match in colour or texture
between the customer's photograph,
transparency, proof or electronic
graphic file and the printed article.
20. Force majeure
– The printing.com reseller
shall be under no liability if he
shall be unable to carry out 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 printing.com reseller elect
to terminate the contract and pay
for work done and materials used,
but subject thereto shall otherwise
accept delivery when available.
21. Law –
These conditions and all other express
terms of the contract shall be governed
and construed in accordance with the
laws of England .
22. Consequential loss
– The printing.com reseller
accepts no liability whatsoever for
consequential or third party losses,
resulting in a delay in delivery howsoever
caused. |