Terms & Conditions
Indigo Giclée
General
These conditions shall apply to all contracts for the sale of goods by the Company to the customer to the exclusion of all other terms and conditions including any terms and conditions which the customer may purport to apply under any purchase order or similar document.
1. Terms of Payment
The standard terms of payment except where otherwise agreed are nett monthly. The Company reserves the right to charge interest at 4% over Nat West Bank base rate where these terms are exercised.
2. Price Variation
Estimates are based on the Company’s 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.
3. 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 Company reserves the right to alter the amount of any Value Added Tax payable whether or not included on the estimate or invoice.
Data collected will be, held in accordance with applicable date protection legislation governing data collection, dissemination and use. All reasonable precautions have been taken to prevent unauthorized access to this information. This safeguard may require you to provide additional forms of identity should you wish to obtain information about your account details.
4. Preliminary Work
All work carried out whether experimentally or otherwise at the customer’s request shall be charged.
5. Additional Work
A charge may be made to cover any additional work involved where copy supplied is not clear or legible.
6. Proofs
Proofs of all work may be submitted for customer’s approval and the Company 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 Company’s judgement changes therefrom made by the customer shall be charged extra.
7. Delivery and Payment
(a) Delivery of all work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed, payment shall become due in accordance with Condition 1.
(b) Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved.
(c) Should work be suspended at the request of or delayed through any fault of the customer for a period of 30 days the Company shall be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
8. Variation in Quantity
Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins. 5 per cent for work in one colour only and 10 per cent for other work being allowed for overs or shortage the same be charged or deducted.
9. Claims
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the Company and the carrier within three 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 Company within 28 days of delivery. The Company will not be liable in respect of any claim unless the aforementioned requirements have been complied with.
10. Liability
(a) The Company 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 not caused by the Company.
(b) Where work is defective in any way including negligence, the Company’s liability (if any) shall be limited to rectifying such defect.
(c) Where the Company submits designs, artwork, film or proofs in any form for approval, it shall not be responsible for errors thereon uncorrected by the customer.
(d) The Company shall be under no liability whatever to the customer for any indirect loss or expense (including loss of profit) suffered by the customer arising out of a breach by the Company of any contract.
11. Standing Material
(a) Metal, film, glass and other materials owned by the Company and used by us in production of type, plates, moulds, stereotypes, electrotypes, film-setting, negatives, positives and the like shall remain the Company’s exclusive property.
(b) Type may be distributed and lithographic, photographic or other effaced immediately after the order is executed unless written arrangements are made to the contrary, in the latter event, rent may be charged.
12. Customer’s Property
(a) Customer’s property supplied to the Company by or on behalf of the customer shall while it is in our possession 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 Company shall be entitled to make a reasonable charge for the storage of any customer’s property left with the Company before receipt of order or after notification to the customer of completion of the work.
13. Materials Supplied By The Customer
(a) The Company may reject paper, plates or other materials supplied or specified by the customer which in the opinion of the representatives of the Company appear 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, the Company 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.
14. 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 his debts or has a winding-up petition against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him the Company without prejudice to other remedies shall 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 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 apply the proceeds to such debts.
15. Illegal Matter
(a) The Company shall not be required to print any matter which in the opinion of representatives or agents of the Company is, or may be of, illegal, obscene or libellous nature or an infringement of the proprietary or other rights of any third party.
(b) The Company 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 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.
16. Retention of Title
The Company and the customer expressly agree that until the Company has been paid in full for the goods or services comprised in this or any other sale contract between us:-
(a) The legal and beneficial ownership of the goods shall remain with the Company (although the risk therein passes to the customer at the point when delivery begins or if earlier the date when the Company notifies the customer that the goods are ready for delivery or collection).
(b) At the customer’s expense the Company may recover these goods at any time from the customer if in his possession should the amount outstanding from the customer to the Company in respect of any goods supplied remain unpaid after the date for payment has passed and for that purpose the Company and it’s servants and agents shall be entitled to enter unhindered upon any land or buildings upon which the goods are situated and the customer shall forthwith supply upon request full details of the whereabouts of the goods and such other information as may reasonably and properly be required.
(c) If monies are due from the customer as aforesaid and the customer being in possession or control of the said goods effects any sale or disposition thereof which confers any rights of title in or against the goods in favour of any third party the customer shall until all monies whatsoever and howsoever due from the customer have been paid stand possessed of the proceeds of such sale or disposition or of any monies due from the customer. Without prejudice to any other rights or remedies the Company shall have the right to proceed against the customer to the extent that accounts with the customer are unpaid.
(d) For so long as any goods remain in the physical possession, custody or control of the customer shall stand possessed of such goods as bailee for the Company.
(e) No property or title to any service supplied by the Company to the customer or third party, shall pass to the customer or third party until such times as all sums due to the Company, in accordance with these Terms and Conditions, have been paid in full.
17. 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 are 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 Company may terminate any such contract forthwith should any sum due thereunder remain unpaid.