Terms & Conditions Print
1. Price variation
Estimates are based on 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. Any work required by the customer over £200 Lime Design North Ltd will require a deposit of 33% of the total cost.
Except in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, Lime Design (North) limited 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 requests shall be charged.
A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
Proofs of all work may be submitted for customer’s approval and 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 Lime Design (North) Limited’s judgment, changes there from made by the customer shall be charged extra.
6. Delivery and payment
(a) Delivery of work shall be accepted when tended and there upon or, if earlier, on notification that the work has been completed payment shall become due. (b) Unless otherwise specified the price quoted 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 days Lime Design (North) Limited shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
7. Variations in quantity
Every endeavor 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 over’s or shortage (4 per cent and 8 per cent respectively for quantities exceeding 50,000) the same to be charged or deducted.
8. Claims Advice or damage
Delay or partial loss of goods in transit or of non-delivery must be given in writing to Lime Design (North) Limited and the carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to Lime Design (North) Limited and the carrier within seven clear days of delivery (or, in case of non-delivery, within 42 days of dispatch). All other claims must be made in writing 28 days of delivery. Lime Design (North) Limited 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.
Lime Design (North) Limited shall not be liable for any loss to the customer arising from delay in transit not caused by the printer.
10. Standing material
(a) Metal, film, glass and other materials owned by Lime Design (North) Limited and used by Lime Design (North) Limited in the production of type, plates, moulds, stereotypes, electrotypes, film-setting, negatives, positives and the like shall remain Lime Design(North) Limited’s exclusive property. (b) Type may be distributed and the lithographic, photogravure or other work effected immediately after the order is executed immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged.
11. 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 and all property supplied to Lime Design (North) Limited by or on behalf of the customer shall while it is in the possession of Lime Design (North) Limited 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) Lime Design (North) Limited shall be entitled to make reasonable charge for the storage of any customer’s property left with Lime Design (North) Limited before receipt of the order or after notification to the customer of completion of the work.
12. Materials supplied by customer
(a) Lime Design (North) limited may reject any paper plates or other materials supplied or specified by the customer which appear 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 Lime Design (North) Limited 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, Lime Design (North) Limited will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defect in or unsuitability of materials so supplied or specified.(c) Quantities of materials supplied shall be adequate to cover normal spoilage.
If the customer ceases to pay debts in the ordinary course of business or cannot pay his debts as they become due or being a company deemed to be unable to pay debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, Lime Design (North) Limited without prejudice to remedies shall (i) have the right not to proceed further with contract or any other work of already carried out (whether completed or not) and materials purchased for the customer, such charge to be 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) 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.
To the goods shall not pass to the purchaser until payment in full of the price therefore. Until such payment the Purchaser shall have possession of the goods as bailee for the Seller and shall store the goods in such a way to enable them to be identified as the property of the Seller provided that if the Purchaser is purchasing the Goods for resale the Purchaser may as agent for the Seller sell and deliver the Goods to a third party in the ordinary course of the Purchaser’s business on condition that until such payment as aforesaid the Purchaser shall hold all proceeds of such sales in trust for the Seller and in a separate account. The Purchaser hereby assigns to the seller all rights and claims which the Purchaser may have against its customers arising from such sales until payment is made in full as aforesaid. (i) The seller reserves the right to repossess any Goods in respect of which payment is overdue and thereafter to re-sell the same and for this purpose the Purchaser hereby grants an irrevocable right and license to the seller’s servants and agents to enter upon all or any of its premises with or without vehicles during normal business hours. This right shall continue subsist not wit standing the termination of the Contract for any reason and is without prejudice to any accrued rights of the seller there under or otherwise.
15. Illegal matter
(a) Lime Design (North) limited shall not be required to print any matter which in their opinion is or may be of an illegal or libelous nature or an infringement of the proprietary of other rights of any third party. (b) Lime Design (North) Limited shall indemnified by the customers in respect of any claims, costs and expenses arising out of any libelous matter or any infringement or copyright, patent, design or any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any accounts paid on a lawyer’s advice in settlement of any claim.
16. 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 of more frequently or 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 Lime Design (North) Limited may terminate any such contract forthwith should any sum due thereafter remain unpaid.
17. Force Majure
Lime Design (North) Limited shall be under no liability if they shall be unable to carry out any provision of the contract for any reason beyond their 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 materials required for the performance of the contract. During the continuance of such a contingency the customer may be written notice to Lime Design (North) Limited elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.