1. PRICE VARIATION
Estimates are based on the Carly Press’ 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
The Carly Press shall at all times be entitled to change the appropriate amount of VAT, or any other form of Sales Tax 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.
4. COPY
A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
5. PROOFS
Proofs of all work may be submitted for customers approval and the Carly Press shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customers alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to the Carly Press’ judgement, changes there from made by the customers shall be charged extra.
6. 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 and payment shall become due.
(B) Unless otherwise specified the price quoted is for delivery of the work to the customers address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address.
(C) Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved.
(D) Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days the Carly Press shall then be entitled to payment for work already carried out, materials specially ordered and any other additional costs including storage.
(E) In any case where a customer exceeds the above stated terms, other than by special prior agreement in writing, interest will be charged at 5% per month on the overdue balance, for every month or thereof, without prejudice to other remedies.
7. VARIETY IN QUANTITY
Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5 per cent for work in one colour only and 10 per cent for other work being allowed for overs or shortage. (4 per cent and 8 per cent respectively for quantities exceeding 50,000) the same to be charged or deducted.
8. CLAIMS
Advice of damage, delay or partial loss of goods in transit or of non- delivery must be given in writing to the Carly Press 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 Carly Press 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 Carly Press within 28 days of delivery. The Carly Press shall not be liable in respect of any claim unless the aforementioned requirements have been compiled 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.
9. LIABILITY
The Carly Press shall not be liable for any loss to the customer arising from delay in transit not caused by the Carly Press.
10. STANDING MATERIAL
(a) Metal, film, glass and other materials owned by the Carly Press and used by him in the production of type, plates, moulds, stereotypes, electrotypes, film setting, negatives, positives and the like shall remain his exclusive property. Such items when supplied by the customer shall remain the customers 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.
11. CUSTOMER’S PROPERTY
(a) 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 Carly Press by or on behalf of the customer shall while it is in the possession of the Carly Press 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 Carly Press shall be entitled to make a reasonable charge for the storage of any customers property left with the Carly Press before receipt of the order or after notification to the customer of completion of the work.
12. MATERIALS SUPPLIED BY THE CUSTOMER
(a) The Carly Press 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 Carly Press in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
(b) Where materials are supplied or specified, the Carly Press 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.
13. 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 Carly Press 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.
14. ILLEGAL MATTER
The Carly Press shall not be required to print any matter which in their opinion is or may be of an illegal of libellous nature or an infringement of the propriety or other rights of any third party.
(b) The Carly Press 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 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.
15. PERIODICAL PUBLICATIONS
A contract for the printing of a periodical publication 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 Carly Press may terminate any such contract forthwith should any sum due thereunder remain unpaid.
16. FORCE MAJEURE
The Carly Press shall be under no liability if they shall be unable to carry out any provision of the contract for any reason beyond their 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 Carly Press elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
17. LAW
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
18. DEPOSIT
There is a deposit on all work carried out. This is a non-refundable deposit. If you do not wish to proceed with your order additional charges may apply, depending on the amount of work or stage your order is at.
