TERMS AND CONDITIONS

1    DEFINITIONS. "The Customer" means the person or company to be supplied with the goods or service pursuant to the Contract. "The Contract" means the Contract for the sale and purchase of the goods or services made between Printing Services and the Customer to whom these conditions apply.

2                    SCOPE. These conditions apply to all contracts entered into by Printing Services and shall prevail over any other terms or conditions contained in the customers order or correspondence. No Servant or Agent of Printing Services has any authority to vary any or any part of these Conditions unless any such variation is agreed to and is expressly made in writing by the Proprietor of Printing Services.

3                    PRICE AND ORDER VARIATION. Estimates are based on information supplied by the customer and on Printing Services current costs of material. The right is reserved, unless otherwise agreed in writing, to amend estimates on or at any time after acceptance if the customer changes specification, or amends or supplies additional text.

4                    PRICES. Prices quoted are net ex-works and exclude Value Added Tax.

5                    PRELIMINARY WORK. All work carried out, whether experimentally or otherwise, at the customers request shall be charged and shall be paid for by the customer forthwith on demand or in advance if Printing Services so requires.

6                    COPY. Charge may be made to cover any additional work or materials involved where copy supplied is not clear and easily legible.

7                    PROOFS. Printing Services shall incur no liability for any errors not corrected by the customer on proofs submitted by Printing Services for customer approval. Customers alterations and additional proofs necessitated thereby maybe charged extra. When style, type or layout is left to Printing Services discretion, alterations made by the customer shall be charged extra.

8                    COMPANY IMPRINT. Unless otherwise specially requested and agreed to in writing, work may carry our company imprint or logo which will be positioned at our discretion.

9                    COMPLETION DATES. No completion dates are guaranteed unless our "Express Service" is specified and paid for and the specified date agreed in writing. In the event of such a completion date not being met then Printing Services liability shall only extend to the refund of the "Express Fee".

10                DELIVERY.
(a) Printing Services shall use its best endeavours to meet delivery dates but, unless otherwise agreed in writing, time shall not be of the essence of the contract. In no circumstances shall Printing Services be liable for any delay in transit or delivery howsoever caused and shall not be liable to the customer for consequential loss howsoever arising.
(b) Stipulations as to time for delivery of goods or the performance of work or services by Printing Services whether made prior to or incorporated in any contract shall constitute solely Printing Services opinion as to when Printing Services anticipates being likely to be able to deliver goods or perform the services. Printing Services shall not be liable for the consequences of any loss or damage caused by any delay in delivery or performance however caused and shall remain entitled to payment in full of all Printing Services invoiced amounts whenever invoiced.
(c) If the customer fails to take delivery of goods tendered in accordance of the Contract, Printing Services shall be entitled to immediate payment in full for the goods so tendered. Printing Services shall be entitled to store at the risk of the customer any goods of which the customer refuses or fails to take delivery and the customer shall in addition to the invoice price pay all costs of such storage and carriage incurred as a result of such refusal within 14 days from the date of a written demand from Printing Services. Refusal by the customer to take delivery will relieve Printing Services from the obligation to make further delivery without prejudice to the rights of Printing Services to recover damage for the said refusal.
(d). Where any goods or materials are delivered by Printing Services to a carrier for delivery to the customer, such delivery shall constitute delivery to the customer and Printing Services shall not be liable for any delay, loss or damage occurring whilst goods or materials are in Transit, neither for any loss or damage sustained by the customer and caused by any act or omission of the carrier.
(e). Should expedited delivery be agreed Printing Services reserve the right to further charge the customer for any additional costs involved.

11                TITLE. Title to the goods shall only pass to the customer upon full payment, including any increase in price.

12                TERMS OF PAYMENT.
(a) Non Account Customers: An advance payment of 50% will be required with order with the balance payable before or on delivery, at Printing Services discretion.
(b). Approved Credit Accounts: Approval must be in writing. Payment must be made by the 28th of the month following the date of invoice and accounts are strictly net.
(c). Any sum overdue shall bear interest at the rate of 5% per month. Such accruable shall commence from the day following the day on which the account became due.
(d). Returned unpaid cheques will be charged an additional £30.00 to cover bank charges and our overheads. Cheques represented will be charged at £7.50 for each representation.
(e). Should work be suspended at the request of, or delayed through any fault of the customer Printing Services shall be entitled to payment for work already carried out, materials specially ordered and any other additional costs, including storage, which have been incurred.
(f). Accounts not paid by due date will be passed over to a collection agency, whereby the customer of Printing Services will be liable for any charges incurred to secure collection by whatever means the collection agency deems fit.
(g). Payment in full becomes due on collection / delivery.
(h). Whether a Limited Company, Partnership or Sole Trader the person or persons placing the order for printing or any other services from Printing Services shall become fully responsible for full payment and further more gives a personal guarantee for full payment being made.
(i). If order / goods has not been collected by the customer after seven days after being notified by Printing Services full payment will become due immediately.

13                DEFAULT. (a) If the customer shall be in default under this or any other contract between the customer and Printing Services, or if Printing Services has reason to believe that the customer will be unable or unwilling to discharge its obligations to Printing Services as they arise then Printing Services may
(b) Cease work without any liability through any default caused and
(c) give notice thereof to the customer whereupon the customer shall pay forthwith for all goods and services supplied by Printing Services under this or any other contract with the customer (whether or not payment would otherwise be due) and a proper charge for all the goods used or provided and work carried out prior to cessation of work aforesaid
(d) Printing Services shall have a general lien on all items, materials, goods belongs to the customer in Printing Services possession or under its control to secure payment of all sums due from the customer to Printing Services and shall be entitled to enforce such lien by sale in the event of the customer failing to comply in full with any written demand for payment of any sum due for a period in excess of 14 days from the date of the demand.

14                VARIATIONS OF QUANTITY. Every endeavour will be made to deliver the correct quantity ordered, but printing estimates are conditional upon margins of 5%, for work in one colour single sided and 10%, for other work being allowed for over or shortage (4% and 8%, respectively for quantities exceeding 50,000) the same to be charged or deducted. Estimates for binding are conditional upon the margins for allowances agreed by the Joint Consultative Committee of the British Printing Industries Federation and the Publishers Association on 12th of July, 1972 or as subsequently varied by that Committee or any successor thereto.

15                CLAIMS. Goods to be inspected on receipt and any dispute or claim regarding the goods supplied must be received by Printing Services in writing within 7 days of delivery date. Any dispute or claim regarding the invoice must be made in writing within 7 days of invoice date. Any claim arising regarding non delivery must be made within 14 days of the invoice date. Claims outside this limit will not be entertained. Printing Services shall not be liable in respect of any claim the aforementioned requirements have been complied with except in any particular case where the Customer proves that it was not possible to comply with these requirements and the claim made as soon as reasonably practicable.

16                LIABILITY. (a) In no circumstances shall Printing Services be under any liability for negligence or otherwise howsoever in respect of any advice given to the Customer.
(b) Printing Services shall not be liable under any circumstances for any indirect or consequential loss, damage or injury.
(c) Without prejudice to the foregoing:
(1) Printing Services' liability in respect of defective or faulty work shall be limited to (at its opinion) rectifying the default or fault or replacing the work or crediting the invoice price of the goods.
(2) Printing Services shall in no circumstances be liable for any loss or damage in excess of the invoice price of any work or any part thereof in respect of which a claim is made.

17                STANDING MATERIAL. (a) Metal, film, glass and other materials owned by Printing Services and used by it in the production of type, plates, moulds, stereotypes, electrotypes, film-setting, negatives, positives and the like shall remain its exclusive property. Such items when supplied to the customer shall remain the customers
(b) Type may be distributed, negatives destroyed and lithographic, photogravure or other work effaced immediately after the order is executed unless written arrangements are made to the contrary. Plates must be used at least every 18 months to keep them in usable condition. Plates and files are not kept longer than 24 months from the last date of use.

18                COPYRIGHT. The entire copyright throughout the world in all printing plates, litho positives and negatives, artwork, designs, photographic transparencies negatives or positives and any other artistic craftsmanship made by or for Printing Services pursuant to or in implementation of any contract with the customer shall belong to Printing Services.

19                CUSTOMERS PROPERTY.
(a) Customers property and all property supplied to Printing Services by or on behalf of the customer shall while it is in the possession of Printing Services or in Transit to or from the customer be deemed to be at the customers risk unless otherwise agreed and the customer should insure accordingly. Customers are advised to make and keep backup copies of all artwork, data etc., in accordance with normal computing practice.
(b) Printing Services shall be entitled to make reasonable charge for the storage of any customers property left with Printing Services after notification to the customer of completion of the work.
(c) Whilst every care is taken, Printing Services and its agents cannot accept any responsibility for loss or damage to artwork, photographs, transparencies, CDs etc. Any liability shall be limited to the replacement cost of the basic material.

20                MATERIALS SUPPLIED BY THE CUSTOMER.
(a) Printing Services may reject any paper, plates or other materials supplied or specified by the customer which appear to it to be unsuitable. Additional costs incurred by materials which are found to be unsuitable during production may be charged extra.
(b) Where materials are so supplied, Printing Services 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 must be adequate enough to cover normal spoilage.

21                ILLEGAL MATTER.
(a) Printing Services shall not be required to print any matter which in its opinion is or maybe of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party and reserves the right to refuse to print any matter which in its opinion, maybe prejudicial or detrimental to the good of Printing Services business.
(b) The Customer shall indemnify Printing Services in respect of any claims, costs and expenses legal or otherwise arising out of any libellous matter or 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 for legal advice in settlement of any claim.

22                COLOUR PRINTING. Every effort will be made to obtain the best possible colour reproduction on the Customer's work but because of the nature of the processes included. Printing Services shall not be required to guarantee an exact match in colour or texture. Customers who require colour reproduction of a specific standard and who wish to check the colour reproduction prior to printing must order a colour proof, in writing when placing the order. This will be charged as an extra.

23                ARTWORK SUPPLIES. It is the Customers own responsibility to ensure that the photograph(s) artwork or transparency(ies) submitted are suitable for the work in hand. Printing Services cannot accept liability for unsatisfactory results caused by unsuitable or inferior originals, photograph(s) or artwork.

24                FORCE MAJEURE. Printing Services shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, look, 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 Printing Services elect to terminate the contract and pay for the work done and materials used, but subject thereto shall otherwise accept delivery available.

25                  GOVERNING LAW. All contracts between the Customer and Printing Services shall be governed by English Law and all contracts hereunder shall be deemed to made at Printing Services Showroom, 239 Ilford Lane, Ilford, Essex IG1 2SB.