DEFINITIONS - In these Conditions “the Printer” shall mean CLK Media Ltd.
COST VARIATION - Estimates 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 beyond the Printer’s control, such as paper, ink, transport etc.
VALUE ADDED TAX - The Printer shall be entitled to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
PRELIMINARY WORKS - All work carried out, whether experimentally or otherwise, at the Customer’s request will be charged at a minimum charge of £25.00+VAT
COPY - If copy supplied is not clear and legible a charge may be made to cover any additional work involved.
PROOFS - Customer’s alterations and the cost of additional proofs necessitated by such alterations will be charged extra at a minimum charge of £25.00+VAT. Proofs of all work may be submitted for the Customer’s approval and in that event no responsibility will be accepted for any errors in them not corrected by the Customer.
- Delivery of work shall be accepted when tendered and thereupon or if earlier on notification that the work has been completed the risk shall pass and payment shall become immediately due.
- Should expedited delivery be agreed and necessitate overtime or other additional cost, an extra charge may be made.
- Unless otherwise specified the price estimated is for delivery of the work to the Customer’s address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address.
- Payment to be received by the Printer within 14 days of invoice date where a credit account exists, otherwise payment to be received prior to work commencing. Any grace period beyond 14 days, whether granted or assumed, shall not be considered a right and may be withdrawn at any time. In such a case all outstanding monies will become immediately due.
- In the event that a cheque or cheques offered in payment do not immediately become cleared the Customer undertakes to immediately pay in cash the sum of £25 for each occasion that each cheque needs to be represented.
- Should work be suspended at the request of or delayed through any default of the Customer for a period of 14 days the Printer shall then be entitled to payment for work already carried out, materials specially ordered and any other additional costs.
VARIATION IN QUANTITY - Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of upto 5 per cent for workbeing allowed for overs or shortage, the same to be charged or deducted.
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 five days of delivery and claims for non-delivery within 14 days of despatch of goods.
All other claims must be made to the Printer within five days of delivery or collection.
- 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 not caused by the Printer.
- Where work is defective for any reason, including negligence, the Printer’s liability (if any) shall be limited to rectifying such defect.
- Computer generated typesetting and/or electronic images and the like produced by the Printer shall remain its exclusive property whether or not fees have been charged to the Customer for the production of such items.
- The Printer reserves the right to dispose of artwork at the expiry of 18 months from the date of last usage, without reference to the customer.
CUSTOMER’S PROPERTY - The 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 the Customer’s own risk.
MATERIAL SUPPLIED BY THE CUSTOMER
- The Printer may reject any paper or other materials supplied or specified by the Customer which appear to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged.
- Where materials are so supplied or specified, responsibility for defective work will not be accepted by the Printer unless this is due to its failure to use reasonable skill and care.
- Quantities of materials supplied by the Customer shall be adequate to cover normal spoilage.
INSOLVENCY - If the Customer fails to pay any sum due to the Printer by the due date or on the Customer becoming the subject of bankruptcy or liquidation proceedings the Printer without prejudice to other remedies shall:- (a) have the right not to proceed further with any work it is contracted to do for the Customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased in connection with such work such charge to be an immediate debt due to it; and (b) in respect of all unpaid debts due from the Customer have a general lien on all goods and property in its 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 it thinks fit and to apply any proceeds towards such debts.
- The Printer shall not be required to print any matter which in its opinion is or may be of an illegal, libellous, offensive or obscene nature or an infringement of the proprietary or other rights of any third party.
- 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 or design or of any other proprietary or personal rights contained in any material printed for the Customer.
PERIODICAL PUBLICATIONS - A contract for the printing of periodical publications may not be terminated by either party unless 12 weeks prior written notice is given. Nevertheless the Printer may terminate any such contract forthwith should any sum due hereunder remain unpaid.
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 it may find necessary as a result of its inability to secure labour, materials or supplies, or as a result of machinery breakdown or any Act of God, war, strike, lockout or other cause (whether of the foregoing class or not) beyond the Printer’s control.
LAW - These Conditions and all other express terms of the contract shall be governed and construed exclusively in accordance with the Laws of England.