Terms of service

Term & Conditions

Definitions
  1. "Seller" means the party providing the goods or services under these terms and conditions.
  2. "Buyer" means the party contracting with the Seller to acquire the good and services supplied under these terms and conditions.
  3. "Work" means all goods (by way of intermediate or finished product) and services supplied by the Seller to the Buyer.
  4. “Intermediates” means all products produced during the manufacturing process including non-exhaustively discs, film, plate, intellectual property.
  5. "Preliminary Work" means all work done in the concept and preparatory stages (including non-exhaustively design, artwork, colour matching).
  6. "Electronic File" means any text, illustration or other matter supplied or produced by either Party in digitised form on disc, through a modem, or by ISDN or any other communication link.
  7. "Periodical Publications" means publications produced at (normally regular) intervals.
  8. "Insolvency" means the Buyer is in a position where it is unable to pay its debts or has a winding up petition issued against it or has a receiver, administrator or administrative receiver appointed to it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him.
Payment
  1. Estimates are based on the sellers current cost of the products and materials. Unless otherwise agreed in writing, are subject to amendment to meet any rise or fall in such cost that have taken place by the time of delivery.
  2. Estimates are given exclusive of tax and the seller reserves the right to amend any changes.
  3. All work carried out will be charged. This includes all Preliminary work whether or not the buyer agrees to that work being taken forward to productions.
  4. Any additional work required of the seller by the buyer supplying inadequate copy, incomplete or incorrect instructions and insufficient materials will be charged.
  5. Payment will be due before production starts.
  6. If an account has been granted, payment is due to a strict 30 days. If any item(s) remain unpaid by that due date charges will apply, in accordance with s5A and/or s6 of the late payment commercial debt (interest) Act 1998 or any subsequent enactment. In addition all invoices will become due and payable immediately and will be treated as overdue items, with appropriated charges applied and all costs reasonably incurred in collection the debt payable by the buyer.
  7. A charge of £30 (Thirty Pounds) will be made on any cheque returned unpaid, whatever the reason
  8. Should the work be suspended or delayed by the buyer for any reason the seller shall be entitled to charge for storage and for loss of or wastage of resources that cannot otherwise be used.
  9. Should the suspension or delay in 2(h) above extend beyond 30 days the seller shall be entitled to immediate payment for work already carried out, materials specially ordered and any other additional cost.
30 Day Accounts

    A 30 day account may be granted to applicants who complete the seller’s application form and who satisfy the seller’s criteria set out from time to time. Where facilities are granted the seller reserves the right to withdraw them at any time, without having to give their reason and in such case all outstanding invoice become due and payable immediately.

    1. The first three order must be paid for before the seller will open an account.
    2. These terms are at the discretion of the management of the seller

    Delivery
    1. Unless otherwise agreed in writing completion and delivery times are a guide only and, whilst the seller will make every effort to adhere to the proposed timescales, time is not of the essence in any contract with the buyer.

    Materials Supplied or specified By the Buyer

    Electronic Files:
    1. It is the buyer’s responsibility to maintain a copy of the original Electronic file provided by the Buyer
    2. The seller shall not be responsible for checking the accuracy of supplied input for the electronic file.
    3. If the buyer provides his/her own motif or otherwise influences the product, the Buyer assures the seller that the text and motif are not subject to any rights held by third parties. In such case the cost of any breaches of copyright, personal rights or rights to the use of a name will be borne solely by the buyer. The buyer also assures the seller that by personalising the product he/she is also not breaching any other rights held by third parties.
    4. The buyer releases the seller from all demands and claims which are made due to the infringement of such third-party rights, as far as the buyer is responsible for the breach of duty. The buyer shall reimburse the seller for all defence costs and other damages resulting from any such action.
    Other Materials:
    1. The seller may reject any material supplied or specified by the buyer which appear to him to be unsuitable for the purpose intended. Additional cost incurred if materials are found to be unsuitable during productions may be charged except that if that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by the seller in ascertaining the unsuitability of the materials then that amount shall not be charged to the buyer.
    2. Without prejudice to clause 5.2b, where materials are supplied or specified, and the seller so advises the buyer and the buyer instructs the seller in writing to proceed anyway, the seller will use reasonable endeavours to secure the best result, but shall have no liability for the quality of the end-product(s)
    3. Quantities of materials supplied shall be adequate to cover normal spoilage. Any cost incurred as a result of shortages, including re-starting jobs, duplication masters etc will be charged in addition to the estimated price
    Risk and storage:
    1. Buyer’s property and all property supplied to the seller by or on behalf of the Buyer shall while it is in the possession of the seller or in transit to or from the buyer be deemed to be at the Buyer’s risk unless otherwise agreed in writing and the buyer should insure accordingly.
    2. The seller shall be entitled to make a reasonable charge for the storage of any buyer’s property left with the seller before receipt of the order or after notification to the buyer of completion of the work
    Finished Goods:
    1. The risk in the work and all goods delivered in connection with the work shall pass to the buyer on delivery and the Buyer should insure accordingly
    2. On completion of the work, the seller will store the Buyer’s materials and work for a maximum of one month, after which time they may be destroyed without further notice.

    Materials supplied by the Seller

    1. Metal, film and other materials owned by the seller and used in the production of intermediates, type, plates, film-setting, negatives, positives, electrical files and other production processes, together with the items thereby produced, shall remain the seller’s exclusive property.
    2. The seller shall not be obliged to download any digital data from his equipment or supply the same to the buyer on disc, tape or by any communication link
    Retention of Title
    1. The work remains the seller’s property until the buyer has paid for it and discharged all other debts owing to the seller.
    2. If the buyer becomes subject to insolvency and the work has not been paid for in full the seller may take the goods back and if necessary enter the buyer’s premises to do so, or to inspect and/or label the goods so as to identify them clearly.
    3. If the buyer shall sell the goods before they have been paid for in full he shall hold the proceeds of sale on trust for the seller in a septate account until any sum owing to the seller has been discharged from such proceeds.
    4. Where the buyer is in breach of these terms or performs any act of bankruptcy or Insolvency the seller reserves the right to approach the buyer’s customer and to offer the work directly to them, notwithstanding the fact that this will involve advising the Buyer’s customer that the buyer is in breach or in default.
    Proofs and Variations
    1. The seller shall incur no liability for any errors not corrected by the buyer where the buyer has been provided with a proof. The Buyer’s alternation and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to the seller judgment, changes therefor made by the buyer shall be charged extra.
    2. Where the buyer specifically waives any requirement to examine proofs the seller is indemnified by the buyer against any and all errors in the finished work.
    3. Colour proofs due to differences in equipment, material, inks and other conditions between colour proofing and production runs, a reasonable variation in colour between colour proofs and the complete job will be deemed acceptable unless otherwise agreed in writing.
    Claims
    1. Advice of damage, delay or loss of goods in transit or of non-delivery must be given in writing to the seller and the carrier within 1 working day of delivery (or in the case of non-delivery, within 1 working day of notification of despatch of the goods) and any claim in respect thereof must be made in writing to the seller and within 1 working day. The seller shall not be liable in respect of any claims unless the aforementioned requirements and the claim was made as soon as reasonably possible.
    2. If the work is defective so that the buyer may in law reject it, said rejection must take place within 1 working day of delivered goods, failing which the buyer will be deemed to have accepted the work.
    3. The seller will not be responsible for the cost of reprints/ re-production or carriage incurred for goods visibly damaged in transit (broken packaging etc.) where the buyer or third party recipient has not signed for the goods as damaged at the time of delivery.
    4. In the event of all or any claims or rejections the seller reserves the right to inspect the work within 3 working days of the claim or rejection being notified
    Liability
    1. Insofar as is permitted by law where work is defective for any reason, including negligence, the seller liability (if any) shall be limited to rectifying such defect, or crediting its value against any invoice raised in respect of the work.
    2. Where the seller performs its obligation to rectify defective work under this condition the seller shall not be liable for indirect loss, consequential loss or third party claims occasioned by defective work and the buyer shall not be entitle to any further claim in respect of the work nor shall the buyer be entitled to repudiate the contract, refuse to pay for the work or cancel further delieveis.
    3. Defective work must be returned to the seller before replacements or credits can be issued. If the subject work is not available to the seller the seller will hold that the buyer has accepted the work and no credit or replacement work will be provide.
    4. The seller shall not be liable for indirect loss, consequential loss or third party claims occasioned by delay in completing the work or for any loss to the buyer arising from delay in transit, whether as a result of the seller’s negligence.
    5. Where the seller offers to replace defective work the buyer must accept such an offer unless he can show clear cause for refusing so to do. If the buyer opts to have the work re-done by any third party without reference to the seller the buyer automatically revokes his right to any remedy from the seller, including but not exclusively the right to a credit in respect of work don’t by the seller
    6. Where the work will be forwarded by or on behalf of the buyer to a third party for further processing the buyer will be deemed to have inspected and approved the work prior to forwarding and the seller accepts no liability for claims arising subsequent to the third party’s processing.
    7. The seller reserves the right to reject any work forwarded to him after initial processing by third party as soon as is reasonably practicable without processing the work any further. Should the buyer require the seller notwithstanding to continue, then the seller is only obliged to do so after confirmation from the buyer in writing.
    8. Nothing in these conditions shall exclude the seller’s liability for death or personal injury as a result of its negligence.
    Insolvency

      Without prejudice to other remedies, if the buyer becomes insolvent, the seller shall have the right not to proceed further with the contract or any other work for the buyer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the buyer, such charge to be an immediate debt to him. Any unpaid invoices shall become immediately due for payment.

      GENERAL LIEN

        Without prejudice to other remedies, in respect of all unpaid debts due from the Buyer the Seller shall have a general lien on all goods and property of or provided by the Buyer 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 as agent for the Buyer in such manner and at such price as he thinks fit and to apply the proceeds towards such debts, and shall when accounting to the Buyer for any balance remaining be discharged from all liability in respect of such goods or property.

        ILLEGAL MATTER

        1. The Seller 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 of any third party.
        2. The Seller shall be indemnified by the Buyer in respect of any claims, costs and expenses arising out of the printing by the Seller for the Buyer of any illegal or unlawful matter including matter which is libellous or infringes copyright, patent, design or any other proprietary or personal rights. The indemnity shall include (without limitation) any amounts paid on a lawyer's advice in settlement of any claim that any matter is libellous or such an infringement.
        Force Majeure

          The Seller shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his reasonable control including (without limiting the foregoing): Act of God; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials supplied by the Buyer; 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 Buyer may by written notice to the Seller elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

          1. Data Protection

          The Buyer is hereby notified that the Seller may transfer personal information about the Buyer to a Credit Agency pursuant to cl 2f above.

          1. Law

          These conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England and the parties agree to submit to the jurisdiction of the courts of England and Wales.

          1. Notice

          All specifications and notices relied on by either party and all variations to this agreement must be in writing and include a duly authorised signature.

          1. Consumers

          Nothing in these Terms shall affect the rights of Consumers

          1. SEVERABILITY

          All clauses and sub-clauses of this Agreement are severable and if any clause or identifiable part thereof is held to be un enforceable by any court of competent jurisdiction then such enforceability shall not affect the enforceability of the remaining provisions or identifiable parts thereof in these Terms and Conditions