All work orginated by the company in the course of producing any job will be stored digitally and will remain their exclusive property, including the copyright thereon.
Under normal circumstances, the standing material will be retained digitally for a period of 2 years after which time the company reserves the right to dispose of it. If required, duplicate copies can be supplied for an additional charge which will reflect the time required in copying and the copyright authorisation for the intended use.
(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 to the company by or on behalf of the customer shall while it is in the the possession of the company 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 company shall be entitled to make a reasonable charge for the storage of any customer's property left with the company before receipt of the order or after notification to the customer of completion of the work.
(c) Whilst every care is taken, the company and its agents cannot accept any responsibility for loss or damage to artwork, photographs, transparencies, etc. any liability shall be limited to the replacement cost of basic material.
MATERIALS SUPPLIED BY THE CUSTOMER
(a) The company may reject any disks, paper, plates or other materials supplied or specified by the customer which appear to him to be unsuitable. Additional costs will be incurred if materials are found to be unsuitable during production and 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 company in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
(b) Where materials are so supplied, the company 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 which has an act of bankruptcy petition issued against him, the company 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 company shall not be required to print any matter which in its opinion is or may be of illegal or libellous nature or an infringement of the proprietary or other rights of any third party.
(b) The company reserves the right to refuse to print any matter which in its opinion, may be prejudicial or detrimental to the good of the company's business.
(c) The company shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous 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 in settlement of any claim.
FULL COLOUR PRINTING
Every effort will be made to obtain the best possible colour reproduction on customer's work but because of the nature of the processes involved, the company shall not be required to guarantee an exact match in colour or texture between the customer's photograph, original, transparency or digitally supplied image and the printed article.
Customers who require colour reproduction of a specific standard and who wish to check the colour reproduction prior to printing, must order a colour machine proof, in writing when placing the order. This will be charged as an extra. It is the customer's own responsibility to ensure that the colour photograph(s), transparency(ies) or disk(s) submitted are suitable for the work in hand. The company cannot accept liability for unsatisfactory results caused by unsuitable or inferior photographic originals or customer originated scans and reprographic work.
The company shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its 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 material required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to the company elect to terminate the contract and pay for work done and material 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.