TERMS AND CONDITIONS
1. Preliminary Work
All work, including consultation and design, carried out by Largs Printing Company (LPC), whether experimentally or otherwise, at customer’s request shall be chargeable.
Where any additional work of whatever nature is necessary as a result of copy supplied by a customer not being clear and/or legible, LPC shall be entitled to make additional charges on a time and materials basis to cover such additional work.
Proofs of all work may be submitted for customer’s approval and LPC shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to LPC’s discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis.
Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by LPC shall vest in and belong to LPC. LPC may use any artwork or printing produced by itself for the purposes of promoting itself. The customer shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible materials (“Materials”) prior to instructing LPC to reproduce the same. The customer shall indemnify and hold LPC and its agents and representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the Materials by LPC infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
All design, text, illustrations, graphics, photographs, diagrams, drawings, logos and the selection and arrangement thereof, and all source code and all other material content of any website owned, controlled or operated by LPC are the intellectual property of LPC or its content providers and as between LPC and the customer all intellectual property rights (including all copyright) arising out of or connected with such content shall belong to LPC. No reproduction of any part is allowed without written permission.
5. Company Imprint
Unless otherwise specifically requested in writing any work may carry the LPC imprint which will be positioned at LPC’s discretion.
6. Delivery & Payment
Where late delivery is as the result of the action or inaction of a third party, such as a carrier, LPC, at their absolute discretion, may elect to extend the Turnaround period.
Should expedited delivery be agreed LPC shall be entitled to make additional charges on a time and materials basis to cover any overtime or any other additional costs involved, including without limitation, the cost of couriers or special delivery post.
Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days or more LPC shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
7. Standing Material
·Metal and other materials owned by and used by it in the production of plates, film-setting, negatives, positives and the like shall remain the exclusive property of LPC. Such items when supplied by the customer shall remain the customer’s property.
·Lithographic, together work or other materials supplied by the customer may be effaced or destroyed immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, LPC shall be entitled to make additional charges.
8. Customer’s Property
·The customer’s property and all property supplied to LPC by or on behalf of the customer shall while it is in the possession of LPC or in transit to or from the customer be deemed to be at customer’s risk unless otherwise agreed and the customer should insure such property accordingly.
·Where a customer fails to collect work within 20 working days from notification to the customer of completion of the work, LPC shall be entitled, at its discretion, to either store the work until actual delivery or collection is made and charge the customer for the costs (including insurance) of storage or to destroy such work (provided that the customer shall nevertheless remain liable for payment in respect of the relevant order).
9. Materials Supplied by the Customer
·LPC may reject any paper, plates or other materials supplied or specified by the customer which it considers 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 LPC in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
·LPC shall have no liability in respect of any work being of less than reasonably satisfactory quality as a result of defects in or the unsuitability of materials supplied or specified by the customer.
·LPC shall assume that quantities of materials supplied shall be adequate to cover normal spoilage accordingly if the quantities of materials supplied are not sufficient to cover normal spoilage (“an Insufficient Supply”) then LPC shall have no liability for any shortfall in quantity to the extent that such shortfall arises as a result of such Insufficient Supply.
10. Credit Terms and Payment
For invoices not settled within the agreed credit terms or for payments returned unpaid (such as cheques, credit cards or similar), LPC reserves the right to charge interest on the overdue debt at 2% above the RBS base rate at the time and an administration fee to cover its debt recovery costs and any other costs relating to the collection of payment.
11. Illegal Matter
·LPC shall not be required to print any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights or any third party.
·The customer shall indemnify and hold LPC harmless against all claims, demands, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of the work it is required to produce pursuant to a customer order being or alleged to be defamatory.
12. Full Colour Printing
All reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variation is inherent in the print process and it is understood and accepted as reasonable that, LPC shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by LPC or other party) or any other materials supplied by the customer and the printed article the subject of the customer’s order.
13. Data Protection
By placing an order with LPC, the customer consents to its details being used for accounting and marketing purposes. The details will be kept by LPC even after the customer’s trading relationship with LPC has terminated. LPC may use the customer’s personal data to let customers know about goods and services similar to the goods or services provided to the customer previously and any others matters that LPC consider may be of interest to customers.
14. Force Majeure
LPC shall be under no liability if it shall be unable to perform any obligation which is owed by it to the customer for any reason beyond his 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 by written notice to LPC elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
These terms and conditions and all other express terms of the contract with customers shall be governed and construed in accordance with Scottish law. Scottish Courts shall have jurisdiction in relation to any matters arising in connection with any contract between LPC and the customer into which these terms are incorporated.