Estimates are based on the printer’s current cost of production, and unless otherwise agreed, are subject to amendment on or at anytime after acceptance to meet any rise or fall in such cost.
The printer reserves the right to charge any amount of any taxes, value added tax, duties or royalties, etc, which are payable whether or not included on the estimate or invoice.
3. PRELIMINARY WORK
All work carried out, whether experimentally or otherwise, at customers request shall be charged.
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 proofs so submitted. Customer’s alterations and additional proofs necessitated there by shall be charged extra. When style, type or layout is left to the printer’s judgement, changes there from made by the customer shall be charged extra.
The customer shall be responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs etc. The customer will indemnify the printer and his agents from any claim arising thereof.
Estimates are based on the printer’s current cost of production, and unless otherwise agreed, are subject to amendment on or at anytime after acceptance to meet any rise or fall in such costs.
8. DELIVERY AND PAYMENT
Queries regarding invoices or the goods supplied must be made to us, in writing, to the company address within 7 days of invoice date or the delivery date, whichever is the latest.
9. PAYMENT TERMS AND TRADE DISCOUNTS
Delivery of work shall be accepted when tendered there upon or, if earlier, on notification that the work has been completed the ownership shall pass and shall become due.
- On certain classes of work the printer reserves the right to insist upon payment being received prior to commencement of work.
- Any carriage arranged by the printer is on the customer’s behalf and the printer is not liable for any delays arising out of that carriage.
- Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved.
- Should work be suspended at the request of or delayed through any fault of the customer for a period of 30 days the printer shall then be entitled to payment for work carried out, materials specially ordered and the other additional costs including storage.
10. VARIATIONS IN QUANTITY
Unless otherwise agreed in writing payment of all accounts is due 30 days from the date of invoice. Should payment not be received on or before the due date then the customer may forfeit all discounts on any invoices paid outside this time limit.Additionally interest of 1.5% monthly will be levied on any account over 30 days.
Any query regarding the condition of goods supplied must be made to the MailStork Ltd verbally by 10.00 a.m. on the working day following receipt of goods and confirmed in writing within 7 working days. Any query relating to invoices should be made to the MailStork Ltd within 7 working days of invoice date. Any query regarding non-delivery must be made within 14 days of the invoice date. Claims outside this limit will not be entertained. The printer shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
The printer shall not be liable for any loss to the customer arising from delay in transit not caused by the printer.
13. STANDING MATERIAL
- Metal, film, glass and other materials owned by the printer and used by him in the production of type, plates, moulds, stereotypes, electrotypes, film setting, negatives and like shall remain his exclusive property. Such items when supplied by the customer shall remain the customer’s exclusive property.
- Type may be distributed, negatives destroyed 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.
14. CUSTOMER’S PROPERTY
- Except in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, customer’s property and all property supplied to the printer by or on behalf of the customer shall while it is possession of the printer or in transit to or from the customer be deemed to be at customer’s risk unless otherwise agreed and the customer should insure accordingly,
- The printer shall be entitled to make a reasonable charge for the storage of any customer’s property left with the printer before receipt of the order or after notification to the customer of completion of the work. Whilst every care is taken, the printer and his agents cannot accept any responsibility for loss or damage to artwork, photographs, transparencies, etc. Any liability shall be limited to the replacement cost of the basic material.
15. MATERIALS SUPPLIED BY THE CUSTOMER
- The printer may reject any paper, plates or other materials supplied or specified by the customer which appears 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 the amount shall not be charged to the customer.
- Where materials are so supplied, 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 so supplied or specified.
- 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 being a person commits an act of bankruptcy issued against him the printer without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for any work carried out (whether completed or not), and materials purchased for the customer, such charge to be an immediate debt due to him, and (ii) 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 in such manner and at such price as he think fit and to apply the proceeds towards such debts.
17. ILLEGAL MATTER
- The printer shall not be required to print any matter which is in his opinion is or may be of illegal or libelous nature or an infringement of the proprietary or other rights of any third party,
- The printer reserves the right to refuse to print any matter which in his opinion, may be prejudicial or detrimental to the good of the printer’s business,
- The printer shall be indemnified by the customer in respect of any claims, costs and expenses arising out of the libelous matter or any infringement of copyright, patent, design or 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.
18. FULL COLOUR PRINTING
Every effort will be made to obtain the best possible colour reproduction on customer’s work but because of the nature of the processes involved, the printer shall not be required to guarantee an exact match in colour or texture between the customer’s original colour photograph or transparency and the printed article. Customers who require colour reproduction of a specific standard and who wish to check the colour reproduction prior to printing, must order a colour proof, in writing when placing the order. This will be charged as an extra. It is the customer’s own responsibility to ensure that the colour photograph (s) or transparency(cies) submitted are suitable for the work in hand. The company cannot accept liability for any unsatisfactory results caused unsuitable or inferior photographic originals.
19. FORCE MAJEURE
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 the 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 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 other express terms of the contract shall be governed and construed in accordance with the laws of England.