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Terms and Conditions

1. Price variation

Estimates are based on PPG Print Ltd’s current costs of production and, unlessotherwise agreed, are subject to amendment on or at any time after acceptance to meet any riseor fall in such costs.

2. Tax

PPG Print Ltd reserves the right to charge the amount of any value added tax payablewhether 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

Acharge may be made to cover any additional work involved where copy supplied is not clearand legible.

5. Electronic files

(a) It is the customer’s responsibility to maintain a copy of any original electronic file.
(b) PPG Print Ltd shall not be responsible for checking the accuracy of supplied inputfrom an electronic file unless otherwise agreed.
(c) Without prejudice to clause 15, if an electronic file is not suitable for outputting on equipmentnormally adequate for such purposes without adjustment or other corrective action PPG Print Ltd may make a charge for any resulting additional cost incurred.

6. Proofs

Proofs of all work may be submitted for customer’s approval and PPG Print Ltd shallincur no liability for any errors not corrected by the customer in proofs so submitted. Customer’salterations and additional proofs necessitated thereby shall be charged extra. When style, type orlayout is left to PPG Print Ltd’s judgement, changes therefrom made by the customershall be charged extra.

7. Colour proofs

Due to differences in equipment, paper, inks and other conditions between colour proofing andproduction runs, a reasonable variation in colour between colour proofs and the completed job willbe deemed acceptable unless otherwise agreed.

8. Variations in quantity

Every endeavour will be made to deliver the correct quantity ordered, but estimates areconditional upon margins of 5 per cent for work in one colour only and 10 per cent for other workbeing allowed for overs or shortage (4 per cent and 8 per cent respectively for quantitiesexceeding 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 notificationthat 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 asset out in the estimate. Acharge may be made to cover any extra costs involved for deliveryto a different address.
(c) Should expedited delivery be agreed an extra may be charged to cover any overtime or anyother additional costs involved.
(d) Should work be suspended at the request of or delayed through any default of the customer fora period of 30 calendar days PPG Print Ltd shall then be entitled to payment for workalready 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 ondelivery.
(b) Goods supplied by PPG Print Ltd remain PPG Print Ltd’s property until thecustomer has paid for them and discharged all other debts owing to PPG Print Ltd.
(c) If the customer becomes insolvent (as set out in clause 16) and the goods have not beenpaid for in full PPG Print Ltd may take the goods back and, if necessary, enter thecustomer’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 theproceeds of sale on trust for PPG Print Ltd in a separate account until any sumowing to PPG Print Ltd 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 toPPG Print Ltd 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 thereofmust be made in writing to PPG Print Ltd and the carrier within seven clear days ofdelivery (or, in the case of non-delivery, within 42 days of notification of despatch). All other claimsmust be made in writing to PPG Print Ltd within 28 days of delivery. PPG Print Ltd shall not be liable in respect of any claim unless the aforementioned requirements have beencomplied with except in any particular case where the customer proves that (i) it was not possibleto comply with the requirements and (ii) advice (where required) was given and the claim madeas soon as reasonably possible.

12. Liability

(a) PPG Print Ltd shall not be liable for indirect loss or third party claims occasionedby delay in completing the work or for any loss to the customer arising from delay in transit,whether as a result of PPG Print Ltd’s negligence or otherwise.
(b) Insofar as is permitted by law where work is defective for any reason, including negligence,PPG Print Ltd’sliability (if any) shall be limited to rectifying such defect. WherePPG Print Ltdperforms its obligations to rectify defective work under thiscondition the customer shall not be entitled to any further claim in respect of the work donenor shall the customer be entitled to treat delivery thereof as a ground for repudiating thecontract, failing to pay for the work or cancelling further deliveries.
(c) Nothing in these conditions shall exclude PPG Print Ltd’s liability for death orpersonal injury as a result of its negligence.

13. Standing material

(a) Metal, film and other materials owned by PPG Print Ltd and used by him in theproduction of type, plates, film-setting, negatives, positives and the like shall remain hisexclusive property. Such items when supplied by the customer shall remain the customer’sproperty.
(b) Type may be distributed and lithographic or photogravure film and plates, tapes, disks orother work effaced immediately after the order is executed unless written arrangements aremade to the contrary. In the latter event, rent may be charged.
(c) PPG Print Ltd shall not be required to download any digital data from his equipmentor supply the same to the customer on disk, tape or by any communication link unless writtenarrangements are made to the contrary.

14. Customer’s property

(a) Customer’s property and all property supplied to PPG Print Ltd by or on behalf ofthe customer shall while it is in the possession of PPG Print Ltd or in transit to orfrom the customer be deemed to be at customer’s risk unless otherwise agreed and thecustomer should insure accordingly.
(b) PPG Print Ltd shall be entitled to make a reasonable charge for the storage of anycustomer’s property left with PPG Print Ltd before receipt of the order or afternotification to the customer of completion of the work.

15. Materials supplied by the customer

(a) PPG Print Ltd may reject any film, disks, paper, plates or other materials suppliedor specified by the customer which appear to him to be unsuitable. Additional cost incurredif materials are found to be unsuitable during production may be charged except that if thewhole or any part of such additional cost could have been avoided but for unreasonabledelay by PPG Print Ltd in ascertaining the unsuitability of the materials then thatamount shall not be charged to the customer.
(b) Where materials are so supplied or specified, PPG Print Ltd will take every care tosecure the best results, but responsibility will not be accepted for imperfect work caused bydefects 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 acompany is deemed to be unable to pay its debts or has a winding up petition issued against it orhas a receiver, administrator or administrative receiver appointed to it or being a person commitsan act of bankruptcy or has a bankruptcy petition issued against him) PPG Print Ltdshall have the right not to proceed further with the contract or any other work for the customer andbe entitled to charge for work already carried out (whether completed or not) and materialspurchased for the customer, such charge to be an immediate debt due to him. Any unpaidinvoices shall become immediately due for payment.

17. General Lien

Without prejudice to other remedies,in respect of all unpaid debts due from the customer PPG Print Ltd 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 disposeof such goods or property as agent for the customer in such manner and at such price as hethinks fit and to apply the proceeds towards such debts, and shall when accounting to thecustomer for any balance remaining be discharged from all liability in respect of such goods orproperty.

18. Illegal matter

(a) PPG Print Ltdshall not be required to print any matter which in his opinion is ormay be of an illegal or libellous nature or an infringement of the proprietary or other rightsof any third party.
(b) PPG Print Ltd shall be indemnified by the customer in respect of any claims, costsand 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 forthe customer. The indemnity shall include (without limitation) any amounts paid on alawyer’s advice in settlement of any claim that any matter is libellous or such aninfringement.

19. Periodical publications

Acontract for the printing of a periodical publication may not be terminated by either party unless13 weeks notice in writing is given in the case of periodicals produced monthly or more frequentlyor 26 weeks notice in writing is given in the case of other periodicals. Notice may be given at anytime but wherever possible should be given after completion of work on any one issue.Nevertheless PPG Print Ltd may terminate any such contract forthwith should any sumdue thereunder remain unpaid.

20. Force majeure

PPG Print Ltd shall be under no liability if he shall be unable to carry out any provisionof the contract for any reason beyond his reasonable control including (without limiting theforegoing): Act of God; legislation; war; fire; flood; drought; inadequacy or unsuitability of anyinstructions, electronic file or other data or materials supplied by the customer; failure of powersupply; lock-out, strike or other action taken by employees in contemplation or furtherance of adispute; 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 PPG Print Ltd elect to terminate the contract and pay for work done and materials used, but subjectthereto shall otherwise accept delivery when available.

21. Law

These conditions and all other express and implied terms of the contract shall be governed andconstrued in accordance with the laws of England.