Terms and Conditions
Think Digital Print Terms & Conditions of Sale
"The Company" means Think Digital Print Ltd. The 'Customer' means the person or company who requests, has requested or buys the supply of services or goods. The 'Process' and 'Processing' mean the implementation of any of the services offered by "The Company".
Prices are based on "The Company's" current costs of production and unless otherwise agreed are subject to amendment on or at any time after acceptance to meet any changes in such costs. Wherever possible the Customer would be notified of any changes.
3. Additional Fees
Additional charges will be made when; a. During production the Customer requests amendments, additions or deletions. Charges to customer would be based on time and materials at current rates. b. Jobs which have been allocated equipment and personnel do not arrive by the agreed time, resulting in under-usage of "The Company's" resources. Charge to customer of 10% of job value with minimum charge of £15.00 +VAT c. Changes are made to jobs where the style, type or layout have been left to "The Company's" judgement. Charges to customer based on time and materials at current rates. d. Disks supplied are found to contain a "virus" and require eradication prior to the work being carried out. Charges to customer based on time and materials at current rates. e. Files containing numerous fonts, over sized photos or complex graphics take more time than is reasonably expected to print. Imaging time charge to customer of £100.00 +VAT per hour or part thereof.
4. Minimum Charge
There will be a minimum charge of £5.00 +VAT for any work undertaken.
VAT will be charged at the current rate.
6. Laser Proofs
In the absence of laser proofs from any work supplied for processing 'The Company' will output a version of the file which it anticipates as being the correct one and charge the result out at the relevant page rate.
7. Preliminary Work
Any work carried out whether experimentally or otherwise, at the customers request shall be charged, unless agreed earlier.
Proofs may be submitted for Customer approval, "The Company" shall incur no liability for any errors not corrected by the Customer at this time. Customers alterations and subsequently necessary proofs will be charged extra.
9. Delivery and Payment
a. Although "The Company" undertakes to make every effort to meet advised or promised delivery dates, it will not be liable for any loss to the Customer contingent on any such delivery not being met. Especially in cases where third parties i.e. Printers or Carriers are involved. Neither will any such failure to meet a delivery date constitute a breach of contract on "The Company's" part. b. Delivery costs unless agreed otherwise will be charged to the Customer. c. Delivery of work shall be accepted when tendered, when at such time ownership shall pass and payment shall become due.
Advice of damage, delay, partial loss or non delivery of goods in transit must be notified in writing to "The Company" and Carrier within three days of delivery. Any claim in respect thereof must be made in writing to "The Company" and Carrier within seven days. Any claims regarding faults or incorrect output must be made in writing to "The Company" within seven days of delivery and the work in question must be returned to "The Company" for examination. "The Company" shall not be liable in respect of any claim unless the above requirements have been complied with.
11. Customer Property
All property supplied by or on behalf of the Customer shall while it is in the possession of "The Company" or in transit be deemed to be at the customers risk unless otherwise agreed and the Customer should insure accordingly.
Disks and other materials supplied by "The Company" and used in the production of work remain the exclusive property of "The Company".
13. Materials Supplied by the Customer
a "The Company" may reject any disks, paper or other materials supplied or specified by the Customer which appear to be unsuitable. Any additional costs incurred if materials are found to be unsuitable during production will be charged to the Customer. b. Where materials are so supplied or specified "The Company" will make every effort to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in, or unsuitability of such materials.
Where it is deemed to be in the best interests of the Customer "The Company" reserves the right without prior notification, to sub-contract all or part of the services requested by the Customer.
If the Customer ceases to pay his debts in ordinary course of business or cannot pay his debts as they become due or, being a company, it 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 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, such charge to be an immediate debt due to it, and (ii) general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on expiration of fourteen days notice to dispose of such goods or property in such a manner and at such a price as it thinks fit and to apply the proceeds towards such debts.
16. Illegal Matter
a. "The Company" will not process 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 of any third party. b. "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 processed for the Customer. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.
17. Periodical Publications
A contract for the processing of a periodical publication may not be terminated by either party unless 4 weeks notice in writing is given in the case of periodicals produced monthly or more frequently or 8 weeks notice in writing is given in the case of other periodicals. Notice may be given at any time but wherever possible should be given after completion of work on any one issue. Nevertheless the " Company" may terminate any such Contract forthwith should any sum due thereunder remain unpaid.
18. Force Majeure
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 of furtherance of a dispute, or owing to any inability to produce materials required for 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 materials 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.