| 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 windingup
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.
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