Terms & Conditions
1. Definitions
In these conditions Digiprint means Pre Press Digital Print Limited and its
successors and assignees and the
‘Buyer’ means the person firm or body corporate buying from Digiprint.
2. The Law
These conditions and all other expressed terms of the Contract shall be governed
and construed in accordance with the laws of England.
3. Delivery
3.1 Digiprint will not be liable for any loss or damage of any kind whatsoever
caused directly or indirectly by any delay in delivery of goods nor will any
such delay entitle the Buyer to cancel the Contract.
3.2 Should expedited delivery be agreed an extra cost may be charged to cover any
additional costs involved including overtime.
3.3 Should work be suspended at the request of or delayed through any default of the
Buyer for a period of 21 days Digiprint shall then be entitled for payment for
work already carried out, materials specially ordered and other additional
costs including storage.
3.4 Digiprint will be entitled to make delivery of the goods by installments and to
invoice the Buyer for each installment dispatched.
4. Property in the Goods and Risk
4.1 The legal and equitable title to the goods supplied under the Contract (in this
clause referred to as the
“the Contract Goods” which expression includes any of them) will not pass to the Buyer until the
price for the Contract Goods and all other sums due from the Buyer under the
Contract have been paid in full and until such payment the Buyer will hold the
Contract in the fiduciary capacity as bailee for Digiprint.
4.2 If the Buyer should convert the Contract Goods into other goods or materials or
should the Contract Goods in any way become incorporated into other goods or
materials (such other goods or materials being hereinafter referred to as
“the New Goods” which expression includes any of them) the Buyer will store such New Goods
separately and the legal and equitable title to the New Goods will belong to
Digiprint until payment in full of the price for the Contract Goods and all
other sums due to Digiprint from the Buyer under the Contract.
4.3 Where the Contract Goods and/or the New Goods are resold by the Buyer and at the
time of such resale the property in such goods has not passed to the Buyer then
the proceeds of such resale (or other assets into which such proceeds have been
converted) will be held by the Buyer in the fiduciary capacity on trust for
Digiprint and the Buyer will account to Digiprint for the same to the extent
necessary to pay the price for the Contract Goods and all other sums due to
Digiprint from the Buyer under the Contract.
4.4 The Buyer shall so long as Digiprint is entitled to the property in the Contract
Goods and/or the New Goods store the same so that they are identifiable as
Digiprint
’s property. The Buyer hereby acknowledges that until payment in full for the
Contract goods and all other sums due to Digiprint from the Buyer under the
Contract any rights it might otherwise have had in the New Goods are waived in
favour of Digiprint and that the Buyer has no prior claim for any work done or
for any other materials objects or substance incorporated or converted into the
New Goods.
4.5 Without prejudice to any of Digiprint’s other rights (whether to damages or under the Contract or otherwise howsoever)
Digiprint may any time after the price of the Contract Goods or any other sum
payable by the Buyer to Digiprint under the Contract has become due and remains
unpaid rescind the Contract and/or recover the Contract Goods and/or New Goods
which are still Digiprint
’s property and may enter onto the Buyer’s premises either by out servants or agents for that purpose.
4.6 Whether or not the price for the Contract Goods or any other sum has become due
from the Buyer under the Contract such price or such sum will be deemed to be
due from the Buyer immediately on this committing any act of bankruptcy,
calling a meeting (whether formal or informal) of his creditors (where the
Customer is a body corporate) having a Receiver or Manager appointed of its
undertaking or any part thereof or on a resolution being passed or on a
Petition being presented to any Court for the winding-up of the Buyer or on the
happening of any act whatsoever or the commencement of any proceedings
whatsoever relating to the insolvency or possible insolvency of the Buyer.
4.7 Notwithstanding the foregoing provisions the risk in the Contract Goods shall
pass on delivery to the Buyer or a carrier whichever is earlier.
5. Claims
5.1 No claims for non-delivery will be considered unless Digiprint are advised in
writing within 7 days of the date of invoice.
5.2 Advice of damage or partial loss of goods must be given in writing to Digiprint
within two days of delivery and any claim in respect thereof must be made in
writing to Digiprint within 3 days of invoice.
5.3 No claim will be accepted from incorrect running of film or digital print. It is
the customers, and in the case of film, their printers responsibility to ensure
that:-
a) Film supplied by Digiprint is to the correct specification.
b) That all images and text on the film are correct and match digital proofs.
Where customers do not sign a proof approval form, for whatever reason, any
incorrect digital print or film must be paid for in full. Where incorrect
digital print or film is supplied Digiprint
’s liability will not be greater that the cost of the materials supplied. Where
no digital matchproofs are supplied by Digiprint, Digiprint will accept no
liability. In the event of errors occurring Digiprint
’s liability is only to provide new corrected film and at a total cost no greater
than the original materials.
5.4 Digiprint shall not be liable in respect of any claim unless the above-mentioned
requirements have been complied with.
6. Price
6.1 The price to be paid by the Buyer will be in all cases that ruling at the date
of despatch by Digiprint. V.A.T. will be charged at the appropriate rate from
time to time in force. Author
’s corrections and extras will be charged over and above any quoted price.
Quotations are based on the current of production and are subject to amendment
by Digiprint on or at any time after acceptance to meet any rise or fall in
such costs.
6.2 Quotations are issued based on information given by the customer and taken, in
good faith, to be accurate. If the actual specification subsequently proves to
differ from that quoted, then any resultant differential in price between the
price quoted and the actual cost wil lbe charged to the customer. |
6.3 The price excludes delivery.
7. 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. Retrieval of all property remains the responsibility of the customer.
8. Materials Supplied by the Customer
8.1 Where materials are so supplied or specified Digiprint 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.
8.2 Quantities of materials supplied should be adequate to cover normal spoilage.
8.3 Digiprint may reject any paper, plates or other materials supplied or specified
by the Buyer which appear to be unfit or unsuitable. Additional cost incurred
if materials are found to be unsuitable during production may be charged.
8.4 Artwork and/or transparencies supplied will not be returned until account has
been settled.
9. Terms of Payment
9.1 The price will become payable when Digiprint sends its invoice to the Buyer and
payment will be due 30 days from the date of the invoice.
9.2 Where the Buyer has reported to Digiprint damage or other defects payment must
still be made by the Buyer to Digiprint in accordance with Clause 9.1.
9.3 Notification of errors must be made to Digiprint within 7 days.
9.4 Interest at 8% per month above bank base rate plus a £25 administration fee will be charged on overdue accounts from the date of
invoice interest will continue to be added monthly until payment.
10. Preliminary Work
10.1 All work carried out whether experimentally or otherwise at the Customer’s request will be charged.
10.2 Proofs of all work may be submitted to the Buyer for the Buyers approval and
Digiprint shall incur no liability for any errors not corrected by the Buyer in
proofs so submitted. When style, type and layout is left to Digiprint
’s judgement, changes therefrom made by the Buyer shall be charged extra.
10.3 Colour proofs supplied by Digiprint are provided as a guide to the final print.
Laser or Digital match proofs are not a check of film.
10.4 All designs, concepts, sketches and visuals of any form or nature produced by
Digiprint will remain the copywriter of Digiprint.
10.5 All original artwork electronically or traditionally produced including
scanning, proofs, film and plates will remain the property of Digiprint.
10.6 Where artwork and logos are supplied and electronically altered by Digiprint
clause 10.5 will apply.
11. Insolvency
If the Buyer fails to make payments in accordance with Clause 9.1 above or cease
to pay its debts in the ordinary course of business or cannot pay its debts if
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 or has a bankruptcy petition against him Digiprint without prejudice
to other remedies shall:-
(i) have the right not to proceed further with the contract or any other work
for the Buyer and to be entitled to charge for work already carried out and
materials purchased for the Buyer and such charge to be an immediate debt due
to Digiprint.
(ii) in respect of all unpaid debts from the Buyer have a general lien on all goods
and property in his possession whether worked on or not they shall be deemed on
the expiration of 14 days notice to dispose of such goods and property in such
manner and at such price as Digiprint thinks fit and to apply the proceeds
towards such debts.
12. Illegal Matter
12.1 Digiprint shall not be required to print any matter which in its opinion is or
may be of an illegal or libellous nature or an infringement of the proprietory
or other rights of any third party.
12.2 Digiprint shall be indemnified by the Buyer in respect of any claims costs and
expenses arising out of any libellous matter or any infringement of copyright
patent design or of any property or personal rights contained in any material
printed for the Buyer. Indemnity shall extend to any amounts on legal advice
and settlement of any claim.
13. Periodical Publications
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
sum due thereunder remain unpaid.
14. Force Majeure
Every effort will be made to carry out the contract but its due performance is
subject to cancellation by Digiprint or to such variation as it may find
necessary as a result of inability to cure labour materials or supplies or as a
result of any act of God, legislation, war, fire, flood, drought, failure of
power supply, lock-out strike or other action taken by employees in
contemplating or furtherance of a dispute (whether of not the foregoing class
is beyond the Digiprint
’s control).
15. Variation In Price
Digiprint will make every reasonable endeavour to deliver the correct quantity
of goods ordered but estimates are conditional upon margins of 7.5% for working
in one colour only and 12% for other work being allowed for over and shortage
(5% and 9% respectively for quantities exceeding 50,000) the same to be charged
or deducted.
16. The terms and conditions set out above (hereinafter called Digiprint’s Conditions) apply to all Contracts for the sale of goods entered into between
Digiprint and the Buyer to the exclusion of other terms and conditions whether
or not they are endorsed upon, delivered with or referred to in any purchase
order or other document delivered or sent by the Buyer to Digiprint. By giving
an order to Digiprint the Buyer will be deemed to agree that Digiprint
’s Conditions apply. Any condition warranty or term express or implied by Statute
or otherwise which is inconsistent with or excluded by the above terms is
excluded from this Contract. |