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CONDITIONS UNDER WHICH WORK IS ACCEPTED
Where the context so requires, for ‘printer’ read ‘bookbinder’
1. COST VARIATION.
Quotations are based on the current costs of production and are subject to
amendment by the printer on or at any time after acceptance to meet any
rise or fall in such costs.
2. VALUE ADDED TAX.
The printer shall be entitled to charge the amount of any value added tax
payable whether or not included on the quotation or invoice.
3. PRELIMINARY WORK.
Work carried out, whether experimentally or otherwise, at customer’s
request, will be charged.
4. PROOFS.
Author’s corrections, including alterations in style, and the cost of additional
proofs necessitated by such corrections will be charged extra. Proofs of all
work may be submitted for customer’s approval, and in that event no
responsibility will be accepted for any errors in them not corrected by him.
5. DELIVERY AND PAYMENT.
(a) Delivery of work shall be accepted when tendered and thereupon or on
notification that the work has been completed the ownership shall pass and
payment shall become due.
(b) Should expedited delivery be agreed and necessitate overtime or other
additional cost, an extra charge may be made.
(c) Should work be 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 and materials specially
ordered.
6. VARIATIONS IN QUANTITY.
Every endeavour will be made to deliver the correct quantity ordered, but
quotations are conditional upon margins of 5 per cent for work in one
colour only and 10 per cent for other work being carried for overs or
shortage, the same to be charged or deducted.
7. CLAIMS.
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 28 days of
despatch of the goods. All other claims must be made to the printer within
ten days of delivery.
8. LIABILITY.
(a) The printer 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.
(b) Where work is defective for any reason, including negligence, the
printer’s liability (if any) shall be limited to rectifying such defect.
9. STANDING MATTER.
(a) Metal, film, glass and other materials used by the printer in the
production of type, plates, moulds, stereotypes, electrotypes, film-setting,
negatives, positives and the like shall remain his exclusive property.
(b) Type may be distributed and lithographic, photogravure, or other work
effaced immediately after the order is executed unless written arrangements
are made to the contrary. In the latter event, rent may be charged.
10. CUSTOMER’S PROPERTY.
Customer’s property and all property supplied to the printer by or on behalf
of the customer will be held, worked on and carried at customer’s risk.
11. MATERIALS SUPPLIED BY CUSTOMER.
(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.
(b) Where materials are so supplied or specified, responsibility for defective
work will not be accepted by the printer unless this is due to his failure to
use reasonable skill and care.
(c) Quantities of materials supplied shall be adequate to cover normal
spoilage.
12. GENERAL LIEN.
Without prejudice to other remedies, the printer shall in respect of all
unpaid debts due from the customer have 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 days’ notice to dispose of such goods or property
as he thinks fit and to apply any proceeds towards such 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 or libellous nature.
(b) The printer shall be indemnified by the customer in respect of any
claims, costs and expenses arising out of any libellous matter printed for the
customer or any infringement of copyright, patent or design.
14. PERIODICAL PUBLICATIONS.
A contract for the printing of periodical publications may not be terminated
by either party unless written notice is given as follows:—
Nature of Publication Length of Notice
(given at any time)
Weekly 13 weeks
Fortnightly 13 weeks
Monthly 13 weeks
Two Monthly 26 weeks
Quarterly 26 weeks
Nevertheless the printer may terminate any such contract forthwith should
any sum due thereunder remain unpaid.
15. FORCE MAJEURE.
Every effort will be made to carry out the contract but its due performance
is subject to cancellation by the printer or to such variation as he may find
necessary as a result of inability to secure labour, materials or supplies or
as a result of any Act of God, War, Strike, Lockout or other labour dispute,
Fire, Flood, Drought, Legislation or other cause (whether of the foregoing
class or not) beyond the printer’s control.
16. LAW.
These Conditions and all other express terms of the contract shall be
governed and construed in accordance with the Laws of England.
17. LATE PAYMENT.
The Company (Firm) regards late payment of our invoices as a Breach of
Contract. We expect our customers to remedy such a Breach within 7 days
of formal notification of same. In the event that a customer fails to remedy
a late Payment within 7 days of formal notification, the Company (Firm)
reserves the right to employ those third-party services that we consider
appropriate to obtaining payment in the minimum time, at the customer’s
expense. Charges incurred under this clause could include:
Fees for preparing court documentation
Court Fees
Court Attendance Fees by a solicitor or lay representative
Fees charged by Expert Witnesses
Time and expenses of our own staff attending court or other tribunal or
hearing Commission charged by third parties for successful collection of our
account
Any other cost directly attributable to the late or non-payment of an account
duly owed to us.
In addition to the above we will charge interest on an overdue amount at
the rate of 1% per month, a daily rate of 0.032%.
Payment of all charges incurred plus interest will be required before an
account is considered paid in full.
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