Southwick Print Limited
Standard Terms and Conditions
“The Customer” means the person, firm or company who purchases the goods from the Company. “The Company” means Southwick Print Limited or it’s agents. “The Contract means the contract between the Company and the Customer which shall be deemed to incorporate these terms. “The Goods” means any goods agreed in the contract to be supplied to the customer by the company. In these terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time to time.
The contract shall be on these terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the customer. No terms and conditions contained in the confirmation or order, purchase order or other document or the customer will form part of the contract.
2. Price Variation
Any estimates are based on the companies current costs of production, and unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any fall or rise in such costs and, or, amendments to the details confirmed in the original order.
Except in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, the company reserves the right to charge any amount of Value Added Tax (VAT) payable whether or not included on the estimate or invoice.
4. Preliminary Work
All work carried out experimentally or otherwise, at the customers request, unless otherwise agreed, shall be charged extra unless otherwise agreed.
A charge may be made to cover any additional work involved where copy supplied is not clear.
Proofs of all work may be submitted for the customer’s approval and the company shall not incur any liability for errors not corrected by the customer in proofs so submitted. The customer’s alterations and additional proofs necessitated thereby may be charged extra. When style, type or layout is left to the company’s judgement, changes thereafter made by the customer shall be charged extra. Proofs are supplied for layout purposes and not as colour accurate samples. The company will not be responsible for the suitability, quality, size and content of artwork supplied by the customer. If in the opinion of the company an artwork supplied by the customer is deemed to be unsuitable for reproduction the company will inform the customer.
7. Full Colour / Spot Colour Printing
The company shall make every effort to obtain the best possible colour reproduction on customer’s work using the machinery at its disposal. The company shall not be required to guarantee an exact match in colour or texture between the customer’s photographs, transparencies, previously printed work or customer’s own printed artwork and the final printed article.
Unless negotiated and agreed in writing, the copyright of General Artwork, Commissioned Artwork and Illustrations belongs to the company and may not be used in any other form; printed or electronic other than that which is ordered by the customer. The company may use any artwork or printing produced by itself for the purposes of it’s own promotion. When any type, style, artwork or illustration is supplied by the customer, it is the responsibility of the customer to make sure that there is no copyright enfringment. The customer will indemnify the company and it’s agents from any claim arising thereof. Any third party illustrations and photographs used by the company shall remain the copyright of their respective owners. Any commissioned editing of such items by the company belongs to the company.
9. Company Imprint
In accordance with the law or by prior agreement with the customer the company reserve the right to imprint our company name and details.
Unless otherwise agreed in writing, the place of delivery shall be the customers premises as listed in Delivery Address, and the customer shall take delivery within 7-days of the company notifying the customer that the goods are ready for delivery. Any dates specified by the company or it’s agents for the delivery of the goods are intended to be an estimate only. If no date is specified for delivery of the goods, delivery shall be within a reasonable time. Subject to the other conditions of these terms, the company shall not be liable for any loss whether direct, consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the goods nor will any delay entitle the customer to terminate or rescind the contract unless the delay exceeds 60 days. Liability shall not extend to delays beyond control of the company including, without prejudice to the generality of the foregoing defects in electronic files, or omission of information, delays in approval of proofs and nonperformance of carriers. Goods shall only be delivered to ground floor level.
Unless otherwise agreed the value of goods exceeding £250.00 may be subject to a deposit of 50% payable at time of order and the balance will become payable prior to delivery. Payment shall not be deemed to have taken place until the receipt by the company of cleared funds, and no goods shall be dispatched or any collection permitted until funds are cleared, once full payment has been made ownership of the goods shall pass to the customer.
The company warrants that the goods are of satisfactory quality. If the customer wishes to make a claim under this warranty they shall give a clear written notice to the company within 48 hours of delivery/collection and must give the company a reasonable opportunity to inspect the goods in question. The company shall not be liable for any breach of warranty if the customer makes any further use of the goods after giving such notice or alters or repairs the goods without the agreement of the company. The company’s liability under this warranty shall be limited to repairing or replacing th goods in part or in full.
13. Standing Material
Any material owned by the company and by him in the production of type, plates, moulds, stereotypes, electrotypes, film setting, negatives, positives and the like shall remain the exclusive property of the company. Such items when supplied by the customer shall remain the customer’s property. Type may be distributed and lithographic or other work may be effaced immediately after the order is executed unless written arrangements are made to the contrary.
14. Materials supplied by the customer
The company may reject any paper, plates or other materials supplied by the customer, which appear to the company to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged. When the customer supplies any work in any electronic format such as email, cd-rom, floppy disk etc, it is the responsibility of the customer to make sure that no form of Virus, or any other software which can cause harm to any of the company’s computers or other electronic equipment, or to the computers or other electronic equipment of any third parties, or invades the privacy of the company or any third parties, is contained on the electronic format supplied. The customer shall be liable for any costs so incurred by the company or third parties as a result of this.
15. Illegal / Sensitive Matters
The company shall not be required to print any matter which in it’s opinion is or may be of an illegal nature or infringement of the proprietary or other rights of any third party. The company shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous nature or any infringement of copyright, patent, design of or any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyers advise in settlement of any claim.
Unless otherwise agreed, payment in full (less any deposit paid) is required on collection or prior to any delivery arrangements. Following verbal contact and written requests if payment or terms have not been confirmed and agreed by the company, the company may pass an overdue account to a third party for collection. Any charges incurred by the company will be passed on to the customer.
If either party is subject to an event of Force Majeure, that is circumstances outside it’s reasonable control, including but not limited to war, fire, industrial disputes, or civil commotion, it shall notify the other party and the first party’s obligations under these terms shall not be suspended until it notifies the other party of the end of such event of Force Majeure.
No statement, description, information, warranty or recommendation contained in any catalogue, price list, advertisement or communication made verbally or in writing by any agents or employees of the company shall be construed to enlarge, vary or override in any way these conditions. If any part of these terms is found to be void or enforceable by any court of competent jurisdiction, such part shall be severed from these terms, which will otherwise remain in full force and effect. These terms shall be governed by and interpreted according to the English Law and the parties submit to the exclusive jurisdiction of the English Courts.