The following are the Terms and Conditions of trading of Fineprint (Basingstoke) Ltd (hereinafter “The Printer”) and shall apply to any contract made between the Printer and its customer and may only be varied if mutually agreed in writing:
Prices quoted or used by the Printer are directly subject to that percentage increase or decrease as calculated from time to time by the Costing Department of the British Printing Industries Federation as representing the average increase or decrease in the Printing and Binding Industry generally and applying as and when specified by the British Printing Industries Federation. If any other percentage or formula be substituted for the British Printing Industries Federation percentage, then that percentage increase or decrease or formula shall apply.
1.2 Price Variation
Quotations and Estimates are based on the Printer’s current cost of production and unless otherwise agreed, are subject to amendment on or at any time after the acceptance by the customer to meet any increase in any such costs.
The Printer reserves the right to charge the amount of any value added tax which appears to him to be payable whether or not included in the quotation or estimate or invoice.
3. Preliminary Work
All work carried out whether experimentally or otherwise at customer’s request shall be charged for by the Printer’s then current rates.
A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
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 final proofs so submitted. For the avoidance of doubt it is the customer’s duty to ensure that the final proof is checked thoroughly as no liability will attach to the Printer for any failure by the customer to check for any errors in the final proof howsoever arising. Customer’s alterations and additional proofs necessitated thereby shall be charged extra. When style or layout is left to the Printer’s judgment or discretion changes later made by the customer shall be charged as an extra cost. The final proof, only when correctly signed off along with a correctly completed proofing slip, will be accepted to proceed to production and print. Furthermore the final copy supercedes any previous copies as the copy approved by the client being correct to proceed to production.
6. Delivery Title and Payment
a) Delivery or work shall be accepted by the customer when tendered and thereupon or, if earlier, on notification that the work has been completed, payment shall become due.
(b) Should expedited delivery be agreed an extra fee may be charged to cover any overtime or any other additional costs including delivery charges incurred by the Printer or courier.
(c) Should work be suspended at the request of or delayed for any reason or through any default of the customer for a period of 30 consecutive days the Printer shall immediately at the end of that period be entitled to payment for work already carried out, materials used or specially ordered and any other additional costs including storage.
(d) No title in any goods, materials or work done (excluding intellectual property rights to include copyright) shall pass to the customer from the Printer until payment in full has been received by the Printer.
(e) The ownership of any intellectual property rights in artwork, copy, illustrations, photographs or any other material provided by the Printer will remain with the Printer or its sub-contractor. On the Client’s payment of the Printer’s charges the Printer grants the Client a licence or sub-licence (where applicable) to use the material printed for the purpose of the description provided by the Printer in its estimate and not to copy, have copied, amend or alter the material without the prior written agreement of the Printer. Any breach would result in litigation by the Printer
7. Variation in Quantity
While every reasonable endeavor will be made to deliver the correct quantity ordered quotations and estimates are conditioned upon margins of 5 per cent for work in one colour only and 10 per cent for other work being allowed for overs or shortage (4 per cent and 8 per cent respectively for quantities exceeding 50,000) and the same to be charged or deducted.
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the Printer and the carrier within three clear days of delivery (or in the case of non-delivery, within 7 days of despatch of the goods) and any claim in respect thereof must be made in writing to the Printer within 7 days of the delivery. The Printer may call for proof of delivery (or, in the case of nondelivery within 14 days of despatch). All other claims must be made in writing to the Printer within 7 days of delivery. The Printer may call for proof of any claim made and shall not be liable in respect of any claim unless the aforementioned requirements have been compiled with except in any particular case where the customer establishes to the reasonable satisfaction of the Printer that:
(i) it was not possible for good reason to comply with the aforesaid requirements, and
(ii) advice (where required was given and the claim made as soon as reasonably practicable.
The Printer shall not be liable for any loss, damage or expense (whether direct or indirect or consequential) to the customer arising from;
(i) delay in transit not caused directly by the Printer;
(ii) any other cause beyond the reasonable control of the Printer.
10. Customer’s Property
(a) The Printer by or on behalf of the customers shall while any of the customer’s property of whatsoever nature is in the possession of the Printer or in transit to or from the customer be deemed to be at the customer’s risk unless otherwise agreed and customer must insure accordingly.
(b) The Printer shall be entitled to make a reasonable charge for the storage of any customers property left with the Printer before receipt of the order or after notification to the customer of completion of work.
11. Material supplied by the Customer
(a) The Printer may reject any paper, plates or other materials supplied 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 at the Printer’s discretion.
(b) Where materials are so supplied or specified, the Printer will take every reasonable care to secure the best results but responsibility will not be accepted by the Printer 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.
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 winding up petition issued against it or enters into administration or enters into any composition with its creditors including any voluntary arrangement or being a person is the subject of a bankruptcy petition or order the Printer without prejudice to other remedies shall;
(i) in the event of work produced by the Printer for its customer on behalf of a third party the Printer will have the right to contact said third party for the return of the goods or agree payment direct from the third party, and
(ii) 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 a debt immediately due and payable to the Printer on presentation of the relevant invoice to the customer or its or his representative, and
(iii) in respect of all unpaid debts due from the customer the Printer has 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 day’s 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 the debts.
13. Illegal Matter
(a) The Printer shall not be required to print any matter which in his opinion is or may be of an illegal immoral or libelous nature or an infringement of the proprietary or other rights of any third party.
(b) The Printer shall be indemnified by the customer in respect of any claims, damages, costs and expenses arising out of any allegedly illegal immoral or libelous matter or any customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
14. Force Majeure
The Printer shall be under no liability to the customer 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, or other calamity, failure of power supply, lock-out, strike, or other action taken by employees of the Printer or any of the Printer’s suppliers or carriers or subcontractors in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performances of the contract, or arising from any government action (‘the contingency’). During the continuance of such a contingency the customer may by written notice to the Printer elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England or sub-licence (where applicable) to use the material printed by Fineprint for the purpose of the description provided by Fineprint in its estimate and not to copy, have copied, amend or alter the material without the prior written agreement of Fineprint.