Terms and Conditions of Business
Terms and Conditions of Business for every customer of Solent Design Studio
1. COSTVARIATION - Quotations are based on the current costs of production and aresubject to amendment by the printer on or at any time after the acceptance tomeet any rise or fall in such costs.
2. VALUEADDED TAX - The printer shall be entitled to charge the amount of any ValueAdded Tax payable whether or not included on the quotation or invoice.
3.PRELIMINARY WORK - Work carried out, whether, experimentally or otherwise, atcustomer's request will be charged.
4. PROOFS -Author's corrections, including alterations in style, and the cost ofadditional proofs necessitated by such corrections will be charged extra.Proofs of all work may be submitted for customer's approval, and in that eventno responsibility will be accepted for any errors in them not corrected by him.
5. DELIVERYAND PAYMENT - (a) Delivery of work shall be accepted when tendered. (b)Application may be made to the printer for a credit account and, if granted,this will entitle the customer to a period of 30 days from the end of the monthin which delivery is made to render payment. The printer reserves the right tocharge 4% over Bank of England base rate of the invoice value per month on overdueaccounts. Failure to pay within this period may also result in courtproceedings being taken. In addition to the right to charge interest set outabove the Customer agrees that any reasonable legal costs incurred by theprinter in recovering overdue accounts shall be recoverable as a debt from thecustomer. The printer also reserve the right to make a reasonableadministration charge where excessive internal costs are incurred in recoveringoverdue accounts. (c) Should work be suspended at the request of or delayedthrough any default of the customer for a period of 30 days the printer shallthen be entitled to payment for work already carried out and materialsspecially ordered. (d) In the event that a Receiver is appointed over thebusiness of the Customer or that a Resolution is passed or a Petition presentedfor the liquidation of the Customer or if the Customer commits an act ofBankruptcy any unpaid price under any contract in respect of all goodsdelivered thereunder to or to the order of the Customer shall forthwith becomepayable. (e) Even though the work has been delivered property in it shall notpass to the Customer until we have received in cash or cleared funds payment infull of the price of the work and all other monies due to us from the Customerfor which payment is then due. (f) Until such time as the Customer shall holdthe work as our fiduciary agent and bailee and shall keep the work separatefrom the customer's property or the property of any third party and properlystored, protected, insured and identified as our property. Until that time theCustomer shall be entitled to resell or use the work in the ordinary course ofits business but shall account to us for the proceeds of sale or otherwise of thework whether tangible or intangible including insurance proceeds and shall keepall such proceeds separate from any monies or property of the Customer or thirdparties. (g) Until the Customer has paid for the work (and provided the work isstill in existence and has not been resold) we shall be entitled at any time torequire the Customer to return the work to us and if the customer fails to doso forthwith to enter upon the Customer's premises or those of any third partywhere the work is stored and repossess it.
6.VARIATIONS IN QUANTITY - Every endeavour will be made to deliver the correct quantitiesordered, but quotations are conditional upon margins of 5 per cent for work inone colour only and 10 per cent for other work being allowed for overs orshortage, the same to be charged or deducted.
7. CLAIMS -Claims arising from damage, delay or partial loss of goods in transit must bemade in writing to the printer and the carrier so as to reach them within threedays of delivery and claims for non-delivery within 28 days of despatch of thegoods. All other claims must be made to the printer within ten days ofdelivery.
8.LIABILITY - (a) The Printer shall not be liable for indirect loss or thirdparty claims occasioned by delay in completing the work or for any loss to thecustomer arising from delay in transit. (b) Where work is defective for anyreason, including negligence, the printer's liability (if any) shall be limitedto rectifying such defect.
9. STANDINGMATTER - (a) Metal, film, glass and other materials used by the printer in theproduction of type, plates, moulds, stereotypes, electrotypes, film-setting,negatives, positives, and the like shall remain his exclusive property. (b)Type may be disturbed and lithographic, photogravure or other work effacedimmediately after the order is executed unless written arrangements are made tothe contrary. In the latter event, rent may be charged.
10.CUSTOMERS PROPERTY - Customer's property supplied to the printer by or onbehalf of the customer will be held, worked on, and carried at customer's risk.
11.MATERIAL SUPPLIED BY CUSTOMER - (a) The printer may reject any paper, plates orother materials supplied or specified by the customer which appear to him to beunsuitable. Additional cost incurred if materials are found to be unsuitableduring production may be charged. (b) Where materials are so supplied orspecified, responsibility for defective work will not be accepted by theprinter unless this is due to his failure to use reasonable skill and care. (c)Quantities of materials supplied shall be adequate to cover normal spoilage.
12. GENERALLIEN - Without prejudice to other remedies, the printer shall in respect of allunpaid debts due from the customer have a general lien on all goods andproperty in his possession (whether worked on or not) and shall be entitled onthe expiration of 14 days notice to dispose of such goods or property as hethinks fit and to apply any proceeds towards such debts.
13. ILLEGALMATTER - (a) The printer shall not be required to print any matter which in hisopinion is or may be of an illegal or libellous nature. (b) The printer shallbe indemnified by the customer in respect of any claims, costs and expensesarising out of any libellous matter printed for the customer or anyinfringement of copyright, patent or design.
14.PERIODICAL PUBLICATIONS - A contract for the printing of periodicalpublications may not be terminated by either party unless written notice isgiven as follows:
Nature of Publication Lengthof Notice (given at any time)
Weekly 13weeks
Fortnightly 13weeks
Monthly 13weeks
Two monthly 26weeks
Quarterly 26weeks
Neverthelessthe printer may terminate any such contract forthwith should any sum duethereafter remain unpaid.
15. FORCEMAJEURE - Every effort will be made to carry out the contract but its dueperformance is subject to cancellation by the printer or to such variation ashe may find necessary as a result of inability to secure labour, materials orsupplies or as a result of any Act of God, War, Strike, Lockout or other labourdispute, Fire, Flood, Drought, Legislation or other cause (whether of theforegoing class or not) beyond the printer's control.
16. LAW -These Conditions and all other express terms of the contract shall be governedand construed in accordance with the Laws of England. If any provision of theseConditions is held by any competent authority to be wholly or partlyunenforceable or invalid the validity of the other provisions of theseConditions and the remainder of the provision in question shall not thereby beaffected.
SOL/T&C/2011v1.1
