| Keys Ltd. , Trading as Keys
Printing/ThePrintingCompany.co.uk shall be referred to as "the
company" for the purposes of these terms and conditions |
| Address - Keys of Clacton Ltd. Unit 9 Stephenson
Road, Clacton-on-Sea, Essex CO15 4XA |
| 1. Price variation - Estimates are based on the
companys current costs of production and, unless otherwise agreed,
are subject to amendment on or at any time after acceptance
to meet any rise or fall in such costs. |
| 2. Tax - Except In the case of a customer who
is not contracting in the course of a business nor holding himself
out as doing so, the company reserves the right to charge the
amount of any value added tax payable whether or not included
on the estimate or invoice. |
| 3. Preliminary work - All work carried out, whether
experimentally or otherwise, at customer's request shall be
charged. |
| 4. Copy - A charge may be made to cover any additional
work involved where copy supplied are not clear and legible
or correct. |
| 5. Proofs - Proofs of all work may be submitted for customer's
approval and the company shall incur no liability for any errors
not corrected by the customer in proofs so submitted. Customer's
alterations and additional proofs necessitated thereby shall
be charged extra. When style, type or layout is left to the
company's judgement, changes therefrom made by the customer
shall be charged extra. |
| 5a - Due to variations in the printing process and other conditions
between colour proofing and production runs, a reasonable variation
in colour between colour proofs and the completed job will be
deemed acceptable unless otherwise agreed. |
| 6. Copyright - The customer shall be responsible for obtaining
all necessary authority to reproduce pictures, artwork, disks,
etc. The customer will indemnify the printer and his agents
from any claim arising thereof. |
| 7. Company imprint - Unless otherwise specially requested
in writing all work produced will carry our company imprint
which will be positioned at our discretion. |
| 8. Delivery and payment - (a) Delivery of work
shall be accepted when tendered and thereupon or, if earlier,
on notification that the work has been completed, the ownership
shall pass providing full payment has been received by cleared
effects. No credit or accounts will be set up for customers. (b) No print work will commence until i) full payment
has been received ii) proof approval so submitted. The company
reserve the right not to start such print work until any such
payments, in the case of cheques, have cleared our bank. (c)
The responsibility for collection and or delivery of goods lies
with the customer. Any carriage arranged by the company is on
the customers behalf and the printer is not liable for any delays
arising out of that carriage. (d) Delivery charge is not included
unless specifically quoted and all prices are ex-works, carriage
will be charged extra. (e) Should expedited delivery be agreed
an extra charge may be made to cover any overtime or any other
additional costs involved. (f) Unless otherwise specified the
price 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. (g)
Cheques returned to the company will incur a handling charge
of £20 per transaction. The company reserves the right
to notify any credit agencies when cheques are so returned. |
| 9. Delivery dates - All delivery dates given are approximate,
unless a guaranteed delivery date has been agreed in writing
and are subject to receipt of i) signed proof approval confirming
the artwork is correct and ii) signed permission to proceed
with the work and iii) payment in full. Although every effort
will be made to meet such approximate dates, due to the nature
of the process the company cannot accept any liability or consequential
loss claims arising from such a completion date not being met
other than to the extent of the refund of any charges which
may have been paid and conditions within the terms and conditions
of the money back guarantee. |
| 10. Cancellations - Should work be suspended at the request
of or delayed through any default of the customer for a period
of 21 days the printer shall then be entitled to payment for
work already carried out, materials specially ordered and other
additional costs including storage. |
11. Variations in quantity – Every endeavour will
be made to deliver the correct quantity ordered. However some
variation is inherent in the print process and it is understood
and accepted as reasonable that minor variations upto plus
or minus 5% are not material to the contract. |
| 12. Claims – Advice of damage, delay or partial loss
of goods in transit or of non-delivery must be given in writing
to the company and the carrier within three clear days of delivery
(or, in the case of non-delivery within 28 days of despatch
of the goods) and any claim in respect thereof must be made
in writing to the company and the carrier within seven clear
days of delivery (or, in the case of non-delivery, within 42
days of despatch). All other claims must be made in writing
to the company within 28 days of delivery. The company 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.
|
| 13. Liability - The company shall not be liable for any loss
to the customer arising from delays in transit not caused by
the printer. |
14. Standing material – (a) Metal and other materials
owned by the company and used in the production of plates, film-setting,
negatives, positives and the like shall remain our exclusive
property. Such items when supplied by the customer shall remain
the customer's property.
(b) Lithographic or together work may be effaced immediately
after the order is executed unless written arrangements are
made to the contrary. In the latter event, rent may be charged.
|
| 15. Customer's property – (a) Except in
the case of a customer who is not contracting in the course
of a business or holding himself out as doing so, customer's
property and all property supplied to the company by or on behalf
of the customer shall while it is in the possession of the company
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. (b) The company shall be entitled to make a reasonable
charge for the storage of any customer's property left with
the company before receipt of the order or after notification
to the customer of completion of the work. |
| 16. Materials supplied by the customer –
(a) The company 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 company 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 company 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. (c) Quantities of materials supplied shall be
adequate to cover normal spoilage. |
| 17. Insolvency – 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
or has a bankruptcy petition issued against him, The company
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 work already 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 thinks fit and to apply the proceeds
towards such debts. |
| 18. Illegal matter – (a) The company shall
not be required to print any matter which in his opinion is
or may be of an illegal or libellous nature or an infringement
of the proprietary or other rights or any third party. (b) The
company 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 of 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. |
| 19. 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 company shall not be required to guarantee an
exact match in colour or texture between the customer's photograph,
transparency, proof or electronic graphic file and the printed
article. |
| 20. Force majeure – The company 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 company and elect to terminate the contract and pay for
work done and materials used, but subject thereto shall otherwise
accept delivery when available. |
| 19. Law - These conditions and all other express
terms of the contract shall be governed and construed in accordance
with the laws of England. |
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"the
modern, old fashioned printing company" |
|
