Terms & Conditions
Terms
Summary of Conditions
All author’s corrections will incur extra charges. This quotation is subject to final sight of copy, material & to increases in the cost of direct materials & will hold for 30 days. Terms are 30 days. Our terms are C.O.D. for first order on new accounts. VAT will be charged where applicable. Each stage will be invoiced on completion. Please note that the manufacturing process may result in variations between colour & definition of the visual and on the finished project. Colour and contrast will vary between ‘Spot Colour’ work and ‘Four Colour Process’ work due to the difference in printing processes.
Full Conditions of Contract
1. Price Variation. Estimates are based on MW Graphics Ltd’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.
2. Tax. Except in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, MW Graphics Ltd 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 request shall be charged.
4. Copy. A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
5. Proofs. Proofs of all work may be submitted for customer’s approval and MW Graphics Ltd 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 lay-out is left to the judgement of MW Graphics Ltd, changes therefrom made by the customer shall be charged extra.
6. Risk and Title. (a) Risk in respect of all work shall pass to the customer at the time of delivery / collection. (b) Until the contract price of the work shall have been paid or satisfied in full the title to and property in the work shall remain vested in MW Graphics Ltd (notwithstanding the delivery of the same and the passing of the risk therein).
7. Delivery & Collection. (a) Unless otherwise specified the price quoted is for collection of the work by the customer, from MW Graphics Ltd. A charge may be made if delivery to the customers address is later agreed. (b) Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved. (c) Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days MW Graphics Ltd shall then be entitled to payment for the work already carried out, materials specially ordered and other additional costs including storage. (d) Where the work is delivered/ collected by installments each such installment shall be deemed to be supplied under a separate contract to which these conditions shall apply (mutatis mutandis) and no default by MW Graphics Ltd in respect of any one installment shall affect or prejudice due performance of the contract as regards any other installments.
8. Payment. (a) Payment of the work shall be due no later than 30 days from the date of delivery or, if earlier, from notification that the work has been completed and invoiced. (b) Where work is delivered / collected in installments the customer will be obliged to pay for each installment upon the terms set out in sub-clause (a) of this clause. (c) MW Graphics Ltd shall be entitled to interest on any part of the price not paid by its due date from that date to actual payment of the rate of 5 per cent per annum above the Base Lending Rate of Natwest Bank plc prevailing from time to time during such period.
9. Variations and Quantity. Every endeavour will be made to produce the correct quantity ordered, but estimates are conditional upon margins of 5 per cent for work in one color only and 10 per cent for other work being allowed for overs or shortage.
10. Acceptance. The customer shall be deemed to have accepted the work as being in conformity with the contract and shall be bound to pay for it unless written notice of rejection thereof is received by MW Graphics Ltd within [7] days of delivery. Advice of any damage or delay or partial loss of goods in transit must be given in writing to MW Graphics Ltd and the carrier within three days of delivery and any claim in respect thereof must be made in writing to MW Graphics Ltd and the carrier within seven days of delivery. Advice of none delivery must be given in writing to MW Graphics Ltd and the carrier within 28 days of despatch of the goods and any claim in respect thereof must be made in writing to MW Graphics Ltd and the carrier within 42 days of despatch.
11. Liability. (a) MW Graphics Ltd shall not be liable for any loss to the customer arising from delay in transit not caused by MW Graphics Ltd. (b) MW Graphics Ltd shall in no circumstances be liable for economic loss or damages in respect of special, indirect or consequential loss whether or not the possibility thereof was known to MW Graphics Ltd.
12. Artwork & Materials. Artwork and other materials produced by MW Graphics Ltd and used by them in the production of type, plates, film-setting, negatives, positives and colour proofs remain MW Graphics Ltd’s exclusive property. Such items when supplied by the customer shall remain the customers property. Artwork may be distributed and lithographic, photogravure or other work effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged.
13. 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, customers property and all property supplied to MW Graphics Ltd by or on behalf of the customer shall while it is in possession of MW Graphics Ltd or in transit to or from the customer should insure accordingly. (b) MW Graphics Ltd shall be entitled to make a reasonable charge for the storage of any customers property left with MW Graphics Ltd before receipt of the order or after notification to the customer of completion of the work. MW Graphics Ltd accepts no responsibility for Vehicles left overnight its property.
14. Materials Supplied by the Customer. (a) MW Graphics Ltd may reject any paper, plates or other materials supplied or specified by the customer which appear to MW Graphics Ltd 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 MW Graphics Ltd 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, MW Graphics Ltd 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.
15. 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 his debts or as a winding-up peti- tion issued against it or being a person commits an act of bankruptcy or as a bankruptcy petition issued against him, MW Graphics Ltd without prejudice to other remedies shall (i) have the right to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether complete 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 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 MW Graphics Ltd thinks fit and to apply the proceeds towards the debts.
16. Illegal Matter . (a) MW Graphics Ltd shall not be required to print any matter which is in his opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party. (b) MW Graphics Ltd shall be indemnified by the customer in respect of any claims, cost and expenses arising out of any libellous matter or any infringe- ment of copyrights, 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.
17. Force Majeure. MW Graphics Ltd shall be under no liability if they are unable to carry out any provision of the contract for any reason beyond their control including (without limiting the foregoing) Act of God, legisla- tion, war , fire, flood, drought, failure of power supply, lock out, strike or other action taken by employees in contemplation or furtherance of a dis- pute of owing to any inability to procure materials required for the perfor- mance of the contract. During the continuance of such a contingency the customer may by written notice to MW Graphics Ltd elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
18. Copyright. This is the legal right of MW Graphics Ltd with regard to all materials (eg. literary and artistic works, sound recordings, films, broadcast- ings, CDRom, Websites and so on) to control the various ways in which their material is exploited. This Copyright protects the expression of all MW Graphics Ltd ideas. People using copyright material without permission risk legal action, fines, or even jail. The customer shall be responsible for obtaining all necessary authority to reproduce pictures, artwork, photo- graphs, etc. The customer will indemnify MW Graphics Ltd and his agents from any claim arising thereof.
19. Planning permission. The responsibility for Planning applications lies solely with the customer.
20. Due to adverse weather conditions it may sometimes be required for MW Graphics Ltd to move a customers vehicle to a more suitable fitting location, if your vehicle has inadequate insurance to cover this, please advise MW Graphics Ltd before leaving the vehicle on site.
21. Law. These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England
MW Group
The Vulcan WorksGlebe Street
Great Harwood
Blackburn
Lancashire
BB6 7AA
Tel. +44 (0)1254 876202
Fax. +44 (0)1254 876204