The expression “the Printer” shall mean LETS PRINT AND DESIGN LIMITED and shall include the company’s successors in title and assigns. The expression “the Customer” shall mean the person, firm or company by whom an order which incorporates these general terms and conditions is given and shall include the client’s successors in title.
PRICE VARIATION AND ESTIMATES
Estimates are based on the Printer’s current costs of production and unless otherwise agreed are subject to amendment at any time after acceptance to meet any rise or fall in such costs. The Printer will not be held to any price estimated over the telephone. A firm quotation will be given in writing only on basis of work specified by the customer in an acceptable format.
The Printer reserves the right to charge the amount of any valued added tax payable whether or not included on the estimate or invoice.
All work carried out whether experimentally or otherwise at Customer’s request 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 the Printer shall incur no liability for any errors not corrected by the Customer in proofs submitted. Customer’s alterations and additional proofs necessitated thereby may incur an additional charge at the discretion of the printer. When style, type or layout is left to the Printer’s judgment changes there from made by the Customer shall be charged extra. Any client that is shown a proof and fails to see and correct an error has accepted that error on his work and can under no circumstances disclaim payment.
DELIVERY AND PAYMENT
(a) Delivery of work shall be accepted when tendered. Payment shall become due when work is tendered or, if earlier, on notification that the work has been completed.
(b) Unless otherwise specified the price quoted is for collection of the work at Printer’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 extra may be charged to cover any overtime or any 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 the Printer shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs involved. The Printer shall at its discretion be entitled to charge interest at up to 4% per annum above National Bank base rate quoted from time to time on any account which remains unpaid after the due date and such interest shall accrue due and be chargeable from the date the work is completed and ready for collection. The Printer shall be entitled to recover from the customer all costs and disbursements incurred by the company in employing a solicitor, debt collector or other third party to enforce or collect payment of any overdue account. While an account is overdue for payment the Printer may withhold or suspend performance of any outstanding contractual obligation. Notwithstanding the above, the customer will grant the Printer permission to deduct any funds due from previously supplied credit card information.
(a) For the purpose of section 12 of the Sale of Goods Act 1979, the Printer shall transfer only such Title or rights in respect of the goods as the Printer has and if the goods are purchased from a third party shall transfer only such Title or rights as that party has and has transferred to the Printer.
(b) Notwithstanding the earlier passing of risk, Title in the Goods shall remain with the Printer and shall not pass to the Customer until the amount due under the Invoice for them has been paid in full.
(c) Until Title passes, the Customer shall hold the Goods as bailee for the Printer and shall store or mark them so that they can at all times be identified as the property of the Printer.
(d) The Printer shall be entitled at any time before Title passes to repossess and use and sell all or any of the Goods and so terminate (without any liability to the Customer) the Customers right to use, s ell or otherwise deal in them and for that purpose or for determining what if any Goods are held by the Customer and inspecting them, to enter into the premises of the Customer.
(e) Until Title passes the entire proceeds of sale of the Goods shall be paid into any overdrawn bank account and shall at all times be identifiable as the vendor’s money.(f) The Printer shall be entitled to maintain an action for the price of any Goods notwithstanding that Title in them has not passed to the Customer.
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.
Advice of damage, delay or partial 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 or non-delivery, within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to the Printer and the carrier within seven days of delivery (or in the case of non-delivery within 42 days of despatch). All other claims must be made In writing to the Printer within 3 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 (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. At no time shall the printer be liable for a sum which exceeds the production cost of the work ordered.
The Printer shall not be liable for any loss or consequential loss to the Customer arising from delay in production or delivery of work to the customer or for any errors or omissions in production.
STANDING MATERIAL & ELECTRONIC FILES
(a) Metal plates, film, and other materials owned by the Printer and used by him in the production of plates, film-setting, negatives, positives and the like shall remain his exclusive property. Such items when specially supplied by the Customer shall remain the Customer’s property.
(b) When the Printer designs, prepares or amends artwork for the Customer, the completed work remains the property of the printer until such time that the printer transfers title to the customer. Any electronic files used to produce, archive or store artwork remain the sole property of the Printer.
(c) Work prepared by the printer is subsidised and any electronic files, disks or other storage methods remain the sole property of the Printer. They can be sold to the Customer only on payment of an extra amount to bring origination price in line with advertising agency rates, a rate fixed solely by the Printer and at the Printer’s discretion only.
(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 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
MATERIALS SUPPLIED BY THE CUSTOME
(a) The Printer may reject any 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 du ring 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.
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 commits an act of bankruptcy or has a bankruptcy petition issued against him, the Printer 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.
(a) The Printer shall not be required to print any matter which in his opinion is or may be of an illegal or libelous 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 libelous 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 settlement of any claim.
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 control (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 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.
These conditions and all other express terms of the contract shall be governed in accordance with the laws of Ireland.