Terms and Conditions
TERMS AND CONDITIONS
The contract is between the (1) Seller and (2) the Buyer or (3) the Principle. If the buyer is not the Principle the Buyer shall be jointly and severally responsible with the Principle for the obligations of the Principle.
The Buyer except when the Buyer is acting as agent for another company, firm, individual named as Principle in the contract.
The Company, Firm, Individual which orders goods to be produced by the Seller.
Caric Press Limited
Estimates are based on the Seller’s current costs of production and materials and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
If as a result of any default by the Customer, or of any delay in the supply to the Seller of any copy or materials, or of supply of the Seller of faulty or substandard copy or materials, or faulty direct input, it shall in the opinion of the Seller become necessary in order to meet delivery dates to employ some or all of the Seller’s employees at overtime rates or incur other additional costs, or if expedited delivery shall be agreed with the like results, thereupon the Seller shall be entitled to charge all overtime and other additional costs so incurred.
The Seller reserves the right to charge the amount of any Value Added Tax or other similar duty payable whether or not included on the estimate or invoice.
Proofs of all work may be submitted for customer’s approval and the Seller 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 Seller’s judgement, changes therefrom made by the customer shall be charged extra.
All work carried out, whether experimentally or otherwise at the customer’s request, shall be charged.
DELIVERY AND PAYMENT
(a) Unless otherwise specified, the price quoted is for delivery of the work to the customer’s address as set out in the quotation. A charge may be made to cover any extra costs involved for delivery to a different address.
(b) Should work be suspended at the request of, or delayed through any default of the customer for a period of 30 days, the Seller shall then be entitled to payment for work already carried out, materials specially ordered, and other additional costs including storage.
(c) Responsibility for completed work will pass from the Seller to the customer upon notification that the work is completed, or upon despatch from the Seller’s premises, whichever is earlier.
(d) Schedules of timings are stated as accurately as possible, but are not guaranteed, and are subject to extension to cover delay caused by events beyond his control.
(e) Payment is due in full 30 days after delivery unless otherwise stated.
(f) Interest at 2% above current minimum bank base rate may be charged on all accounts unpaid at the due date.
VARIATIONS IN QUALITY
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 on delivered quantities (4 per cent and 8 per cent respectively for quantities exceeding 50,000); the same to be charged or deducted.
Advice or damage, delay or partial loss of goods in transit, or of non-delivery, must be given in writing to the Seller and the carrier within three clear days of delivery (or, in case of non-delivery within 14 days of despatch of the goods) and any claim in respect thereof, must be made in writing to the Seller and the carrier within seven clear days of delivery (or, in the case of non-delivery within 28 days of despatch). All other claims must be made in writing to the Seller within 21 days of delivery. The Seller 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 (a) it was not possible to comply with the requirements and (b) advice (where required) was given and the claim made as soon as reasonably possible.
The Seller shall not be liable for any consequential loss incurred by the customer in event of late or non-delivery. Where defective goods have been supplied by the Seller, the Seller’s liability shall be restricted to the correction of such goods.
(a) Metal, film, magnetic media and other materials owned by the Seller and used by him in the production of type, plates, blocks, computer processing, film-setting, negatives and positives etc., shall remain his exclusive property. Such items when supplied by the customer shall remain the customer’s property. Whilst reasonable care is taken of negatives and positives, no responsibility for loss or damage, howsoever caused, can be accepted (see insurance).
(b) Type may be distributed, lithographic plates destroyed and magnetic media overwritten immediately after the order is executed, unless written arrangements are made to the contrary. In the latter event, rent may be charged for storage, and no responsibility for loss or damage, however caused, can be accepted by the Seller (see insurance).
The Seller’s liability on his own property ceases when the work is either dispatched, or upon date of invoice to the customer, whichever is the earlier, and the customer is responsible for insurance on such property from that time. The Seller will not be liable for loss, damage or theft to any data held on magnetic media, film, plates, paper or materials belonging to the customer howsoever caused. Liability to insure such items on the Seller’s premises rests with the customer. The Seller shall not be liable for any consequential loss.
TITLE AND RISK
(a) The risk in the goods passes to the customer as in clauses 6, 10 and 11.
(b) Title in all goods sold under these Terms & Conditions shall be retained by the Seller until payment in full of the purchase price, together with payment in full of the price of other goods which are subject of any other contract between the Seller and the customer. Until such payment the customer shall hold the goods in such a way as to be identifiable as the property of the Seller and as bailee on behalf of and in a fiduciary capacity for the Seller.
(c) In the event of any disposal of the goods by the customer prior to payment in full of the purchase price the customer shall hold the proceeds of the sale in a fiduciary capacity for the Seller. Such proceeds of the sale shall be placed in a separate account of the customer so as to be identifiable as the property of the Seller. Any such sub-sale by the customer shall as between the customer and the Seller be effected by the customer as agent for the Seller but as between the customer and the sub-purchaser shall be effected by the customer as principle.
(d) If goods the property of the Seller are admixed with goods the property of the customer or are proceeded with or incorporated therein the product thereof shall become and shall be deemed to be the sole and exclusive property of the Seller until payment in full by the customer of the purchase price of the goods. The Seller shall have full power and title to dispose of and sell such admixed goods provided that the Seller having first applied the proceeds received from the sale of the admixed goods in satisfaction of the outstanding balance of the price owed to it by the customer shall account for the remainder to the customer.
(e) In the event of non-payment by the customer by the due date the Seller shall be entitled in addition to any and all other rights available to it to enter any premises where the goods may be and to recover possession of them.
Customer’s property and all property supplied to the Seller by or on behalf of the customer shall, while it is in the possession of the Seller, or in transit to or from the customer, be deemed to be at customer’s risk and the customer should insure accordingly.
MATERIALS SUPPLIED BY THE CUSTOMER
(a) The Seller 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 will be charged, except that if the whole or any part of such additional cost could have been avoided but for reasonable delay by the Seller in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer. Matt coated materials are liable to rubbing and scuffing problems. This estimate assumes such paper supplied or specified by the customer will be suitable for processing without marking. In the event of methods having to be used to avoid marking which incur extra costs, extra charges will be made.
(b) Where materials are so subject or specified, the Seller 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 material supplied shall be adequate to cover normal spoilage.
MACHINE READABLE CODES
(a) In the case of machine readable codes or symbols, the Seller shall print the same as specified or approved by the customer in accordance with generally accepted standards and procedures.
(b) The customer shall be responsible for satisfying himself that the code or symbol will read correctly on the equipment likely to be used by those for whom the code or symbol is intended.
(c) The customer shall undemnify the Seller against any claim any party resulting from the code or symbol not reading or not reading correctly for any reason, except to the extent that such claim arises from any failure of the Seller to comply with paragraph (a) above which is not attributable to error falling within the tolerances generally accepted in the trade in relation to printing of this sort.
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 as act of bankruptcy or has bankruptcy petition issued against him, the Seller without prejudice to other remedies shall:
(a) 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:
(b) in respect of all unpaid debts due from the customer have a general lien on all goods and property in the Seller’s 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.
(c) have the right to enter the customer’s premises and recover goods which have not been paid for.
(a) The Seller shall not be required to print any matter which in his opinion is or may be of an illegal, immoral or libelous nature, or an infringement of the proprietary or other rights of any third party.
(b) the Seller shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libelous or immoral matter or any infringement of copyright, patent, design or of 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.
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. Nevertheless the Seller may terminate any such contract forthwith should any sum due thereunder remain unpaid.
The Seller 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 a 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 Seller elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
These conditions override any differing conditions which may appear on the customer’s order forms or other document and may be varied only with the Seller’s consent in writing.
These conditions and all other express terms of the contract, shall be governed and construed in accordance with the laws of England.
The Seller reserves the right to carry out any order by sub-contracting.