Estimates are based on current costs of production and unless
otherwise agreed are subject to amendment on or at any time
after acceptance to meet any reasonable rise or fall in such
Value added tax (currently an additional 20%) may have to
be added to the price in line with the current policy of H
M Customs and Excise.
All work carried out, whether experimentally or otherwise,
at customer's request shall be charged.
A charge may be made to cover any additonal work involved
where artwork/copy supplied is not clear and legible or electronic
files supplied are damaged or otherwise unsuitable.
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.
If required, in whole or in part (e.g. as samples), delivery
is chargable extra to the price.
Unless a full or partial (50%) credit account has been setup
and authorised by the printer, all work must be paid for in
advance of delivery or collection.
Every endeavour will be made to deliver the correct quantity
ordered, but estimates are conditional upon margins of 5%
for work in black and 10% for work involving colour being
allowed for overs or shortage to be charged or deducted from
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 28 days of dispatch of the
goods) and any claim in repect 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 dispatch). 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 (a) it was not possible
to comply with the requirements and (b) advice (where required)
was given and the claim made as soons as reaonably possible.
The printer shall not be liable for any loss to the customer
arising from delay in transit not caused by the printer.
Standing material owned by the printer and used by him in
the production (e.g. plates, film etc., or as electronic files
created to complete the job) shall remain his exlusive property.
Such items when supplied by the customer shall remain the
customer's property. Unless otherwise advised by the customer,
the printer will (as a service to the customer) retain all
such materials (electronic or otherwise) associated with the
job for a reasonable length of time for which there is usually
Materials supplied by the customer
The printer may reject any paper 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. Where materials are so supplied
or specifed, 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. Quantities of materials supplied
shall be adequate to cover normal spoilage.
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: a) have the right not to proceed further with
the contract or any other work for the customer and be entitleed
to charge for work already carried out (whether completed
or not) and materials purchases for the customer, such charge
to be an immediate debt due to him, and (b) in repect of all
unpaid debts due from the customer 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.
The printer shall not be required to print any matter which
in his opiion is or may be of an illegal or libellous nature
or an infringement of the proprietary or other rights of any
third party. The printer shall be indemnified by the customer
in respect of any claims, cost and expenses arising out of
any libellous matter or any infringement of copyright, patent,
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.
The printer shall be under no liability if he shall be unable
to carry out any provision of the contract for any reason
beyond hs control including (withouth 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.
These conditions and all other express terms of the contract
shall be governed and construed in accordance with the laws
of England, Act Print Limited being a
company registered in London ? 05370968.