Terms & Conditions

STANDARD CONDITIONS OF CONTRACT

ALL REFERENCES TO THE COMPANY REFER TO
Garstang Print Solutions Limited T/A Colin Cross Printers

PRICE VARIATION Estimates are based on the company’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.
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.
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, changes 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 or otherwise used
without the Company’s written permission.
COMPANY IMPRINT Work may carry our company imprint unless it is specifically
requested it be omited.
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 percent for work in one colour
only and 10 per cent for other work being allowed for overs or shortage (4 per cent
and 8 percent 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 8 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 us.
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 the possession of the
company 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 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 that 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 (i) 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.
EAN Symbol When applying the EAN symbol or any other code on packaging, the
supplier undertakes to apply the symbol or code according to specifications, and in
addition to the respect the general requirements for application of the symbol or code. No
liability is incurred concerning machine readability of the symbol or code.
LAW These conditions and all other express terms of the contract shall be governed and
construed in accordance with the laws of England.
Overdue Accounts Please note all accounts beyond our credit terms will be
passed to our debt collection agency, Sinclair Goldberg Price Ltd. All accounts, without
exception, will be subject to a surcharge of 15% plus vat to cover our costs in recovery.
These accounts will also be subject to any legal costs incurred in obtaining settlement.