TERMS AND CONDITIONS
Under these terms the Printer means “GLS design & print”.
1. Price Variation
Estimates are based on the Printer’s current costs of production and, unless otherwise agreed in writing, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs. Estimates are chargeable at the printer’s discretion.
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 Printer reserves the right to charge the amount of any value added tax payable whether or not included in the invoice or estimate.
3. Preliminary Work
All work carried out either experimentally or otherwise at customers request shall be charged accordingly.
4. Copy
A charge may be made to cover any additional work involved where copy supplied is not clear or legible.
5. 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. Customers 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 chargeable. When no proof is supplied or requested the Printer shall be under no liability whatsoever for errors, colour shifts or other deviations from the anticipated result.
6. Delivery and Payment
i) Delivery of work shall be accepted when tendered and therupon or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due. Storage of customers work shall be chargeable at the Printer’s discretion.
ii) 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 transportation costs for delivery.
iii) Should any expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved.
iv) Should work be suspended at the request of or delayed through any default of the Customer for a period of 14 days the Printer shall be then entitled to payment for work carried out, materials specially ordered and other costs involved.
v) Should payment not be received as agreed then 5% interest on the outstanding monthly balance shall be charged at the printers discretion.
THE GOODS REMAIN THE PROPERTY OF GLS DESIGN & PRINT
UNTIL PAID FOR IN FULL.
7. Variations in Quantity
Every endeavour shall be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5% on work being allowed for overs or shortage.
8. 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 carrier if applicable within 3 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 Printer and the carrier within 7 days of delivery (or, in the case of non-delivery, within 28 days of despatch of the goods). All other claims must be made in writing to the Printer within 3 days of delivery. The Printer shall not be made liable in respect of any claims 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.
9. Liability
The Printer shall not be liable for any loss whatsoever to the customer arising from delays whether of supply of materials, industrial actions, strikes, lock outs, mechanical or electrical failure of machinery, in supply of work ordered.
10. Standing Material
ALL materials owned and used by the Printer in the production of work ordered shall remain his exclusive property. (Artwork etc). ALL materials supplied by the customer remain the property of the customer. ALL such customers materials whilst being utilized by or on behalf of the Printer shall be deemed to be at Customers own risk unless otherwise agreed in writing and the said customer should be insured accordingly. The Printer may make a reasonable charge for storage of the customers material.
11. Customers Material
Materials supplied by the Customer may, if felt to be unsuitable, be rejected by the printer. Additional costs incurred by any such rejection may be passed on to the customer. Where materials are supplied or specified the Printer will take every care to secure the optimum results but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of any such materials. Quantities of materials supplied shall be adequate to cover normal spoilage.
12. 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 debt 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 any further with any contract or work for the customer and be entitled to charge for any work already carried out (whether completed or not) and materials purchased for the customer, such charges to be an immediate debt to him, andii) In respect of all unpaid debts due from the customer have a general lien on all goods and property in his possesion (whether worked on or not) and shall be entitled upon expiration of 14 days notice to dispose of such property in such manner and at such price as he thinks fit and to apply the proceeds towards such debts.
13. Illegal Matter
i) The Printer 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 patents or copyrights of design of the proprietary or any rights of any third party.
ii) The Customer shall keep the Printer indemnified in respect of any claims, costs, expenses or damages arising out of any such matter being printed for the customer.
The indemnity shall extend to cover any amounts incurred in obtaining lawyer’s advice in settlement of any claim.
14. Force Majeure
The Printer 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, mechanical failure, industrial action or disruption or owing to any inability to procure materials or goods required for the performance of the contract. During the continuance of such a contingency the customer by written notice to the Printer elect to terminate the contract and thereupon pay for work carried out but subject thereto shall otherwise accept delivery when available.
15. Law
These conditions and all other express items of the contract shall be governed and construed in accordance with the laws of England.
