1. COST VARIATION (a) Quotations are based on the
current costs of production and are subject to amendment by the
Printer on or at any time after acceptance to meet any rise or
fall in such costs. (b) All quotations are made and all orders
are accepted subject to these Conditions of Trading and no variation
thereof is valid or permitted unless made or authorised in writing
by a Director of the Printer. (c) Quotations shall be available
for acceptance for a period of 30 days from the date hereof and
may be withdrawn by the Printer within such period at any time
without notice.
2. PRELIMINARY
WORK: Work carried out whether experimental
or otherwise at Customer’s request will be charged.
3. PROOFS: Author’s corrections including alterations
in style, and the cost of additional proofs necessitated by such
corrections, will be charged extra. Proofs of all work may be
submitted for Customer’s approval, and in that event no responsibility
will be accepted for any errors in them not corrected by him.
4. DELIVERY
AND PAYMENT: (a) Delivery of work shall
be accepted when tendered and thereupon or on notification that
the work has been completed payment shall become due. (b) Time
for delivery is not guaranteed and shall in no circumstances
form part of any contract between the Printer and the Customer.
The Customer shall have no right of action for damages nor to
cancel the order in the event of failure to meet any delivery
date whether expressly stated or otherwise for whatever reason
the same shall have occurred. (c) Cancellation will only be agreed
to by the Printer on the condition that: (i) all costs and expenses
incurred by the Printer up to the time of cancellation and (ii)
all loss of profits and other loss or damage resulting to the
Printer by reason of such cancellation (as to all of which the
Certificate of the Printer’s Auditor shall be final and conclusive)
will be reimbursed by the Customer to the Printer forthwith.
(d) Any special terms of payment on any particular Contract shall
be subject to prior negotiation but once determined shall constitute
a term of the contract. If advance payments are provided for,
the payments must be received by the Printer on or before the
date. In the event of the Customer failing to make a payment
in accordance with the foregoing provisions or the contract terms
within 30 days the Customer shall pay to the Printer interest
on the contract price outstanding at the rate of 3% above HSBC
plc base rate. Prices in respect of deliveries shall become due
for payment 30 days after the date of delivery. The time of payment
is the essence of the contract and payment at a due date is a
condition precedent to further deliveries. (e) Should expedited
delivery be agreed and necessitate overtime or other additional
cost then charge may be made. (f) 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 and materials specially
ordered.
5. VARIATIONS
IN QUANTITY: Every endeavour will
be made to deliver the quantity ordered but quotations are conditional
on a margin of 10% being allowed for overs or shortage. The same
to be charged or deducted pro rata.
6. CLAIMS: Claims arising from damage, delay or
partial loss of goods in transit must be made in writing to the
Printer and Carrier so as to reach them within three days of
delivery, and claims for non-delivery within 28 days of despatch
of the goods. All other claims must be made to the Printer within
10 days of delivery.
7. LIABILITY: (a) The Printer 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 for any reason,
including negligence, the Printer’s liability (if any) shall
be limited to rectifying such defect.
8. STANDING
MATTER: (a) Metal, film, glass and
other materials used by the Printer in the production of the
type, plates, moulds, stereotypes, electrotypes, film-setting,
negatives, positives and the like shall remain his exclusive
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.
9. CUSTOMER’S
PROPERTY: Customer’s property and
all property supplied to the Printer, by or on behalf of the
Customer, will be held, worked on, and carried at Customer’s
risk. Responsibility will not be accepted for imperfect work
caused by defects in or unsuitability of material so supplied.
10. MATERIAL
SUPPLIED BY 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
production may be charged. (b) Where materials are so supplied
or specified, responsibility for defective work will not be accepted
by the Printer unless this is due to his failure to use reasonable
skill and care. (c) Quantities of materials supplied shall be
adequate to cover normal spoilage.
11. GENERAL
LIEN: (a) Unless the Printer shall
otherwise specify in writing all goods manufactured for, or supplied
or sold by, the Printer to the Customer shall be and remain the
property of the Printer until the contract or purchase price
is paid in full and irrespective of any subsequent sale to a
third party and notwithstanding that (i) The Customer or the
Customer’s agent may obtain possession of the goods and (ii)
That the risk in the goods shall pass to the Customer on their
delivery to the Customer who should therefore insure the same.
(b) Should the goods become constituents of or be converted into
other products while subject to the Printer’s legal or equitable
and beneficial ownership in such other products as if they were
solely and simply the goods, and accordingly Condition (a) hereof
shall as appropriate apply to such other products. (c) In the
event of the Customer reselling or otherwise disposing of the
goods or any part thereof before the property therein has passed
to the Customer then the Customer will, until payment in full
to the Printer of the price of the goods, hold in trust for the
Printer all of the Customer’s rights under any such contract
of resale or any other contract in pursuance of which the goods
or any part thereof are disposed of, or any contract by which
property comprising the said goods or any part thereof is to
be disposed of, any monies or other consideration received by
the Customer thereunder. (d) If the Customer being an individual
(or when the Customer is a Firm, any Partner in that Firm) shall
at any time become bankrupt, or shall have a receiving Order
or Administration Order made against him or shall make any composition
or arrangement with, or for the benefit of his Creditors, or
shall make any Conveyance or Assignment for the benefit of
his Creditors, or shall purport to do so, or if in Scotland
he shall become insolvent or notour Bankrupt, or any Application
shall be made under a Bankruptcy Act for the time being in
force for sequestration of his Estate or a Trustee shall be
granted by him on behalf of his Creditors, or if the Customer,
being a Company shall pass a resolution, or the Court shall
make an Order that the Company shall be wound up (not being
a Members’ Winding Up or the purpose of reconstruction or amalgamation)
or if the Receiver, or Manager on behalf of a Creditor, shall
be appointed, or if circumstances shall arise which entitle
the Court or a Creditor to appoint a Receiver or Manager, or
which entitle the Court to make a Winding Up Order, then: (i)
It is hereby expressly provided that the goods in the possession
order or disposition of the Customer at any of the aforesaid
times shall not be deemed to be in the Customer’s said possession
in such circumstances that the Customer is the reputed owner
thereof and (ii) The right of the Customer to possession of
the goods shall cease and the Printer shall be at liberty:
(a) To cancel the Order summarily by Notice in Writing without
compensation to the Customer or (b) To give any such Receiver
or Liquidator or other person the option of carrying out the
contract or (c) To enter upon the Customer’s or the Customer’s
Agent’s premises to recover the goods and the Printer is hereby
expressly authorised so to do.
12. COPYRIGHT: The copyright of all drawings and
designs originated by the Printer remains the property of the
Printer.
13. ILLEGAL
MATTER: (a) The Printer shall not be
required to print, any matter which in his opinion is or may
be of a libellous nature. (b) The Printer shall be indemnified
by the Customer in respect of any claims. costs and expenses
arising out of any libellous matter printed for the Customer
or any infringement of copyright, patent or design.
14. PERIODICAL
PUBLICATIONS: A contract for the
printing of periodical publications may not be terminated by
either party unless written notice is given as follows: Nature
of publication Length of notice (given at any time) Weekly Fortnightly
13 weeks Monthly 13 weeks Two Monthly Quarterly 26 weeks Nevertheless,
the Printer may terminate such contract forthwith should any
sum due thereunder remain unpaid.
15. FORCEMAJEURE: Every effort will be made to
carry out the contract but its due performance is subject to
the cancellation by the Printer or to such variation as he may
find necessary as a result of inability to secure labour, material
or supplies, or as a result of any Act of God, War, Strike, Lockout
or other labour dispute, fire, flood, drought, legislation or
other cause (whether of the foregoing class or not) beyond the
Printer’s control.
16. LAW: These Conditions and all other Express
Terms of the Contract shall be governed and construed in accordance
with the Laws of England.
17. TAX: The Printer shall be entitled to charge
the amount of any tax payable whether or not included in the
quotation or invoice.
18. OUTSTANDING
ACCOUNTS: An account will be defined
as outstanding after a lapsed time of 30 days from the date of
invoice. The Printer reserves the right to charge interest on
any outstanding accounts at the rate of 8% above HSBC plc base
rate for each month or part that remains outstanding.
19. LEGAL COSTS: The Printer reserves the right
to charge any legal or other costs incurred in placing any outstanding
accounts into the hands of our Trade Collection Agency or solicitors.