Terms and Conditions - Print Engine Ltd, Chesterfield, Derbyshire UK

STANDARD CONDITIONS OF CONTRACT

ALL REFERENCES TO THE COMPANY REFER TO PRINT ENGINE LIMITED

PRICE VARIATION Estimates are based on the company’s 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.

TAX The company reserves the right to charge the amount of any taxes, value
added tax, duties or royalties, etc, which are payable, whether or not included
on the estimate or invoice.

PRELIMINARY WORK All work carried out, whether experimentally or otherwise,
at the customer’s request shall be charged

SUPPLIED COPY AND DISKS A charge may be made to cover additional work
involved where either the copy supplied is not clear and legible or the artwork,
graphics and copy on supplied disks cannot be used.
Where such work is required, a price will be given and agreed prior to the
commencement of the additional work.

PROOFS Proofs of all work including photographs may be submitted for
customer’s approval and the company shall incur no liability for any errors not
corrected by the customer in proofs so submitted. Not withstanding any error
that may appear in the printing, if those errors appear in the final approved proof,
the liability shall rest with the customer who will be obliged to accept the printing
and pay the account in full. Customer’s alterations and additional proofs
necessitated thereby shall be charged extra. When style, type or layout is left to
the company’s judgement therefrom made by the customer shall be charged
extra.

COPYRIGHT The customer shall be responsible for obtaining all necessary
authority to reproduce pictures, artwork, photographs, etc. The customer will
indemnify the company and his agents from any claim arising thereof.

OWNERSHIP Any material produced (and the copyright thereof) by the
Company, whether speculatively or by specific commission and whether paid
for, or not, shall remain the property of the Company and shall not in any way be
reproduced otherwise used without the Company’s written permission.

COMPANY IMPRINT No work will carry our company imprint unless specifically
required by law.

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) On certain classes of work the company reserves the right to insist upon
payment being received prior to commencement of work.
(c) The responsibility for collection/delivery of goods lies with the customer. Any
carriage arranged by the company is on the customer’s behalf and the printer is
not liable for any delays arising out of that carriage.
(d) Should expedited delivery be agreed, an extra charge maybe made to cover
any overtime or any other additional costs involved.
(e) Should work be suspended at the request of or delayed through any default
of the customer for a period of 30 days the company shall then be entitled to
payment for work already carried out, material specially ordered and the other
additional costs including storage.
COMPLETION DATES No completion dates can be guaranteed unless the
required completion date has been notified to and accepted by the company in
writing. Although every effort will be made to meet such dates, due to the nature
of the process, the company cannot accept any liability or consequential loss
claims arising from such a completion date not being met other than to the
extent of the refund of premium charges which have been paid.

VARIATION 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.

CLAIMS Any query regarding the condition of goods supplied should be made
to the company verbally by 12.00pm on the working day following receipt of
goods and confirmed in writing within 5 working days. Any query relating to
invoices should be made to the company in writing within 5 working days of the
invoice date. Any query regarding non delivery must be made within 14 days of
the invoice date. Claims outside this limit will not be entertained.
The company 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.

LIABILITY The company shall not be liable for any loss to the customer arising
from delay in transit not caused by the company.

STANDING MATERIAL All work originated by the company in the course of
producing any job will be stored digitally and will remain their exclusive property,
including the copyright thereon. Under normal circumstances, the standing
material will be retained digitally for a period of 2 years after which time the
company reserves the right to dispose of it.
If required, duplicate copies can be supplied for an additional charge which will
reflect the time required, in copying and the copyright authorisation for the
intended use.

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 company by or on behalf of the customer shall while it
is in the possession of the company or in transit to or from the customer be
deemed to be at the customer’s risk unless otherwise agreed and to the
customer should insure accordingly.
(b) The company shall be entitled to make a reasonable charge for the storage
of any customer’s property left with the company before receipt of the order or
after notification to the customer of completion of the work.
(c) Whilst every care is taken, the company and its agents cannot accept any
responsibility for loss or damage to artwork, photographs, transparencies, etc.
any liability shall be limited to the replacement cost of basic material.
MATERIALS SUPPLIED BY THE CUSTOMER

(a) The company may reject any disks, paper, plates or other materials supplied
or specified by the customer which appear to him to be unsuitable. Additional
costs will be incurred if materials are found to be unsuitable during production
and 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 company in
ascertaining the unsuitability of the materials then amount shall not be charged
to the customer.
(b) Where materials are so supplied, the company 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.
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 which has an act of bankruptcy petition issued
against him, the company without prejudice to other remedies shall (1) 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.

ILLEGAL MATTER

(a) The company shall not be required to print any matter which in its opinion is
or may be of illegal or libellous nature or an infringement of the proprietary or
other rights of any third party.
(b) The company reserves the right to refuse to print any matter which in its
opinion, may be prejudicial or detrimental to the good of the company’s
business.
(c) The company 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 extend to any
amounts paid on a lawyer’s advice in settlement of any claim.
FULL COLOUR PRINTING Every effort will be made to obtain the best possible
colour reproduction on customer’s work but because of the nature of the
processes involved, the company shall not be required to guarantee an exact
match in colour or texture between the customer’s photograph, original,
transparency or digitally supplied image and the printed article.
Customers who require colour reproduction of a specific standard and who wish
to check the colour reproduction prior to printing, must order a colour machine
proof, in writing when placing the order. This will be charged as an extra. It is the
customer’s own responsibility to ensure that the colour photograph(s).
transparency(ies) or disk(s) submitted are suitable for the work in hand. The
company cannot accept liability for unsatisfactory results caused by unsuitable
or inferior photographic originals or customer originated scans and reprographic
work.

FORCE MAJEURE The company shall be under no liability if it shall be unable
to carry out any provision of the contract for any reason beyond its 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 material required for the performance of the contract. During the
continuance of such a contingency the customer may by written notice to the
company elect to terminate the contract and pay for work done and material
used, but subject thereto shall otherwise accept delivery when available.

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

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