| This set of standard conditions does not apply in the
case of a customer who is not contracting in the course of a business
nor holding himself out as doing so.
In these conditions, 'electronic file' means any text,
illustration or other matter supplied to the printer in digitised
form on disk, by email or any other communication link.
Where appropriate for 'printer' read 'Meridian Press'.
1. Price variation
Estimates are based on the printer's 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 printer 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 is not clear and legible.
5. Electronic files
(a) It is the customer's responsibility to maintain a copy of any
original electronic file.
(b) The printer shall not be responsible for checking the accuracy
of supplied input from an electronic file unless otherwise agreed.
(c) Without prejudice to clause 15, if an electronic file is not
suitable for outputting on equipment normally adequate for such
purposes without adjustment or other corrective action the printer
may make a charge for any resulting additional cost incurred.
6. Proofs Proofs of all work may be submitted
for customer's approval and the printer 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
printer's judgement, changes therefrom made by the customer shall
be charged extra.
7. Colour proofs
Due to differences in equipment, paper, inks 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.
8. Variations 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.
9. 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,
payment shall become due.
(b) 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.
(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 calendar days the
printer shall then be entitled to payment for work already carried
out, materials specially ordered and other additional costs including
storage.
10. Ownership and risk
(a) The risk in all goods delivered in connection with the work
shall pass to the customer on delivery.
(b) Goods supplied by the printer remain the printer's property
until the customer has paid for them and discharged all other debts
owing to the printer.
(c) If the customer becomes insolvent (as set out in clause 16)
and the goods have not been paid for in full the printer may take
the goods back and, if necessary, enter the customer's premises
to do so, or to inspect the goods.
(d) If the customer shall sell the goods before they have been
paid for in full he shall hold the proceeds of sale on trust for
the printer in a separate account until any sum owing to the printer
has been discharged from such proceeds.
11. Claims
Advice of damage, delay or loss of goods in transit or of non-delivery
must be given in writing to the printer and the carrier within three
clear days of delivery (or, in the case of non-delivery, within
28 days of notification of despatch of the goods) and any claim
in respect thereof must be made in writing to the printer and the
carrier within seven clear days of delivery (or, in the case of
non-delivery, within 42 days of notification of despatch). All other
claims must be made in writing to the printer within 28 days of
delivery. The printer 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.
12. Liability
(a) The printer shall not be liable for indirect loss or third
party claims occasioned by delay in completing the work or for any
loss to the customer arising from delay in transit, whether as a
result of the printer's negligence or otherwise.
(b) Insofar as is permitted by law where work is defective for
any reason, including negligence, the printer's liability (if any)
shall be limited to rectifying such defect. Where the printer performs
its obligations to rectify defective work under this condition the
customer shall not be entitled to any further claim in respect of
the work done nor shall the customer be entitled to treat delivery
thereof as a ground for repudiating the contract, failing to pay
for the work or cancelling further deliveries.
(c) Nothing in these conditions shall exclude the printer's liability
for death or personal injury as a result of its negligence.
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13. Standing material
(a) Metal, film and other materials owned by the printer and used
by him in the production of type, plates, film-setting, negatives,
positives and the like shall remain his exclusive property. Such
items when supplied by the customer shall remain the customer's
property.
(b) Type may be distributed and lithographic or photogravure film
and plates, tapes, disks 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.
(c) The printer shall not be required to download any digital data
from his equipment or supply the same to the customer on disk, tape
or by any communication link unless written arrangements are made
to the contrary.
14. Customer's property
(a) Customer's property and all property supplied to the printer
by or on behalf of the customer shall while it is in the possession
of the printer 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 printer shall be entitled to make a reasonable charge for
the storage of any customer's property left with the printer before
receipt of the order or after notification to the customer of completion
of the work.
15. Materials supplied by the customer
(a) The printer may reject any film, disks, 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 printer 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 printer 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.
16. Insolvency
Without prejudice to other remedies, if the customer becomes insolvent
(namely, being a company is deemed to be unable to pay its debts
or has a winding up petition issued against it or has a receiver,
administrator or administrative receiver appointed to it or being
a person commits an act of bankruptcy or has a bankruptcy petition
issued against him) the printer shall 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. Any unpaid invoices shall become
immediately due for payment.
17. General Lien
Without prejudice to other remedies,in respect of all unpaid debts
due from the customer the printer shall 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 as agent for the customer in such manner
and at such price as he thinks fit and to apply the proceeds towards
such debts, and shall when accounting to the customer for any balance
remaining be discharged from all liability in respect of such goods
or property.
18. Illegal matter
(a) The printer 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 of any third
party.
(b) The printer 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 of any other
proprietary or personal rights contained in any material printed
for the customer. The indemnity shall include (without limitation)
any amounts paid on a lawyer's advice in settlement of any claim
that any matter is libellous or such an infringement.
19. 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
printer may terminate any such contract forthwith should any sum
due thereunder remain unpaid.
20. Force majeure
The printer shall be under no liability if he shall be unable to
carry out any provision of the contract for any reason beyond his
reasonable control including (without limiting the foregoing): Act
of God; legislation; war; fire; flood; drought; inadequacy or unsuitability
of any instructions, electronic file or other data or materials
supplied by the customer; 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 printer
elect to terminate the contract and pay for work done and materials
used, but subject thereto shall otherwise accept delivery when available.
21. Law
These conditions and all other express and implied terms of the
contract shall be governed and construed in accordance with the
laws of England.
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