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Printing Services and Display Products for Essex, Suffolk and East London
Terms and Conditions
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Blackwater Printing
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(a) The "printer" means Blackwater Printing.
(b) The "customer" means the person, firm, company or entity placing the order for work on the printer.
(c) The "work" means the items to be supplied by the printer to the customer.
Quotations are based on the printer's current costs of production and, except where fixed prices are agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
3. TAX
While it is normal practice to refer to value added tax on the quotation and invoice, the printer reserves the right to charge the appropriate amount of any value added tax payable whether or not included on the quotation or invoice.
Unless previously withdrawn, all quotations from the printer are open for acceptance within the period stated therein. Where no period is stated, the quotation shall be open for acceptance within thirty (30) days from the date it is given unless withdrawn by the printer during that time.
Work carried out, whether experimentally or otherwise, at customer's request shall be charged.
A charge may be made to cover any additional costs involved where the copy artwork, specifications, electronic data files, or other instructions however supplied by the customer or by an agent or representative of the customer in respect of the work to be manufactured by the printer is not clear and legible or does not meet the printer's requirements.
Proofs of all work may be submitted for customer's approval and in that event no responsibility shall be accepted for any errors in them not corrected by him. Customer's 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 charged extra.
(a) Payment becomes due when the work is delivered or when the customer is notified that the work is completed and is asked for delivery instructions.
(b) Unless otherwise specified, the price quoted is for a single delivery of the work to the customer's address. A charge may be made to cover any extra costs involved for delivery to an address or addresses different to that originally quoted.
(c) Should expedited delivery be agreed an extra charge may be invoiced to cover any overtime or any other additional costs involved.
(d) Should work he suspended at the request of or delayed through any default of the customer for a period of 30 days, the printer shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
(e) The printer will make every effort to keep to the customer's reasonable delivery date but such date is not to be treated as terms of the sale and the printer will not be responsible whatsoever for any loss or damage which may result from late or non delivery.
(a) The risk in the work and all customer returned property delivered in connection therewith shall pass to the customer upon delivery.
(b) Until full payment has been received by the printer for all amounts due from the customer under this or any other contract, ownership in the work shall remain with the printer, and the customer shall upon demand return to or make available the work for collection by the printer. The printer shall be entitled to enter upon the premises where the work is held for the purposes of removing the same.
Every endeavour will be made to deliver the correct quantity ordered, but the printer reserves the right to deliver quantities within plus or minus 5% of the ordered quantity with appropriate pro-rata changes to the quoted price.
Claims arising from damage, delay or partial loss of goods in transit must be made in writing to the printer and the carrier so as to reach them within three days of delivery and claims for non delivery within 14 days of the customer being notified of delivery. All other claims must be made to the printer within 21 days of delivery. The printer shall not be liable in respect of any claim made outside these periods.
(a) The printer shall not be liable for any loss to the customer arising from delay in transit not caused by the printer, nor in any circumstances whatsoever for any indirect or consequential loss, damage, negligence or expense, including loss of anticipated profits or additional costs incurred by customer or third party, save as detailed in condition 12(c) below.
(b) Where the work is reasonably considered defective, for any reason including negligence, the printer's obligation, if any shall be limited only to rectifying such defect using whatever commercially acceptable solution is deemed appropriate at his sole discretion.
(c) In the case of work supplied but not manufactured by the printer, the printer's sole responsibility shall be to give the customer the same warranty in respect thereof as is given to the printer by the supplier PROVIDED ALWAYS that the printer shall not be under any obligation to pay any liability or expense greater than the amount the printer shall recover (less paid legal costs if any in proving the defective nature of the work) from the supplier in respect thereof.
(a) All materials used by the printer in the production of film, plates, and the like shall remain his exclusive property. Such items when supplied by the customer shall remain the customer's property.
(b) Plates may be effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent will be charged.
(a) While reasonable care will be taken of customer's property, subject thereto such property supplied to the printer by and on behalf of the customer will be held at customer's risk.
(b) The printer shall be entitled to make a reasonable charge for the storage of any customer's property left with the printer for more than 28 days before receipt of the order or for more than 28 days after notification to the customer of completion of the work.
(c) Work completed but held by the printer at customer's request or awaiting delivery instructions will be held at customer's risk unless agreed otherwise by both parties in writing.
(a) The printer may reject any paper, plates or other materials supplied or specified 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 except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by the printer in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
(b) Where materials are so supplied or specified, the printer 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 as 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 the printer shall:-
(a) have the right not to proceed further with the contract and be entitled to payment for the value of work already carried out (whether completed or not) and materials supplied: and
(b) in respect of all unpaid debts due from the customer have a general lien on all work and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days notice to dispose of such work or property as he thinks fit and to apply any proceeds towards such debts.
(a) The printer shall not be required to print any matter which in his opinion is or maybe of an illegal or libellous nature or an infringement of the proprietory or other rights of any third party.
(b) The printer 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.
The customer shall not be entitled to cancel any order (whether in whole or in part) unless the printer agrees in writing and only then subject to the customer indemnifying the printer in full against any costs, expenses or losses incurred by the printer in respect of such cancelled order all of which shall be paid to the printer upon cancellation.
A contract for the printing of periodical publications may not be terminated by either party unless 13 weeks notice in writing is given in the case of periodicals produced monthly or more 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 printer may terminate any such contract forthwith should any sub due thereunder remain unpaid.
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, 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 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.
(a) Payment is 30 days monthly unless agreed otherwise by both parties in writing. The printer reserves the right to change terms at its sole discretion.
(b) In the event of non-payment of any invoice within the prescribed period, interest shall accrue to the printer at the rate of 2% per calendar month (or proportionately for lesser period) from the due date of payment until the printer receives payment in full. The customer shall also be liable for any costs or expenses legal or otherwise incurred by the printer as a result of non-payment or delayed payment of an invoice.
22. LAW
These Conditions and all other express terms of contract shall be governed and construed in accordance with the Laws of England.
Serving Essex for over 20 years
covering Maldon, Chelmsford, Colchester, Braintree, Witham, Southend-on-Sea, Basildon, Brentwood...
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