Terms of business
Definitions.
Unless the context otherwise requires, the following expressions shall have the following meaning
a) The Company shall mean Action Publishing Technology
Limited.
b) The Customer shall mean the person, firm or company contracting for the services of Action Publishing Technology Limited.
1. Price variation.
Estimates are based on the Company's current
costs of production and are valid for three months.
2. Tax.
The Company reserves the right to charge the amount of any value added tax payable
required by law in respect of standard rated items, whether or not included on the estimate or quotation, or part invoice.
Under current legislation books are zero rated.
3. Preliminary work.
The cost of the preparation of samples is
included in the estimate.
If we prepare sample pages before submitting an order we will
charge a standard design fee of £150 + VAT to prepare a sample spread. This
must be prepaid but if you proceed to place an order with us you can use
this as the first payment for your order.
4. Copy.
A charge may be made to cover any additional work involved where copy supplied is not clear and legible based on the extra time involved at the then hourly rate.
5. Proofs.
a) Proofs of all work may be submitted for the Customer's approval and the Company 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 of layout is left to the Company's judgement, changes therefrom made by the Customer shall be charged extra.
b) Where additional charges are incurred by the Customer these will be based on the total time taken to implement new instructions and/or corrections. Where there is a mix of Customer's and typesetter's corrections the total time shall be apportioned according to the quantity and nature of the corrections. Charges will be made at the Company's then hourly rate.
6. Delivery and payment.
a) Delivery of work shall be accepted when tendered and payment in full shall
be due immediately unless previously agreed in writing between the Company and
the Customer.
b) The Company may at its discretion grant credit facilities not exceeding
thirty days. Upon delivery or if earlier on notification that the work has been completed, an invoice will be submitted and payment will be due within 30 days of date of invoice. Ownership of the work will not pass to the Customer until full payment of such invoice.
c) Should expedited delivery be agreed an extra amount may be charged to cover any overtime and any other additional costs involved.
d) Should work be suspended at the request of or delayed through any default of the Customer for a period of 30 days the Company shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage and an interim invoice may be submitted accordingly.
e) All quotations are net and no discount will be allowed expect as may be expressly specified therein.
g) The Company may charge not more than 2.5 per cent per month
or part month pro-rata of the total value of each and every
invoice unpaid with effect from the thirty-first day after the
invoice date or with effect from the expiry of the agreed
allowed period of credit if longer than 30 days. Where this
charge is effected an additional single fixed administration
charge of £15 will be made in each month in which interest is
due.
7. Variations in quantity for contracts including printing.
Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5 per cent for work in one colour only and 10 per cent for other work being allowed for overs or shortage (4 per cent and 8 per cent respectively for quantities exceeding 50,000) the same to be charged or deducted.
8. Claims.
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the Company and carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to the Company and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other claims must be made in writing to the Company within
7 days of delivery. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with expect in any particular case where the Customer proves that (a) it was not possible to comply with the requirements and (b) advice (where required) was given and the claim made as soon as reasonably possible.
9. Liability.
The Company shall not be liable for any loss to the Customer arising from delay in transit not caused by the Company. The Company accepts no liability for consequential loss. No claim will be considered which exceeds the sales invoice value by the Company of any faulty goods or service.
10. Standing material.
a) Metal, film, glass and other materials owned by the Company and used by it in the production of type, plates, moulds, stereotypes, electrotypes, film-setting, negatives, positives and the like shall remain its exclusive property. Such items when supplied by the Customer shall remain the Customer's property.
b) Typesetting jobs will be stored on disk
for 2 years at no extra cost. The Company accepts no liability
for any degradation or loss howsoever caused in respect of
magnetic media which may make subsequent retrieval impossible.
No liability shall extend to the subject matter of the data.
c) In the event of disk storage being
requested, whether charged for or not, the Company accepts no
liability for any degradation or loss howsoever caused in
respect of magnetic media which may make subsequent retrieval
impossible. No liability shall extend to the subject matter of
the data.
11. Customer's property.
a) Customer's property and all property supplied to the Company by or on behalf of the Customer shall while it is in 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 after
delivery or notification to the Customer of completion of the work.
12. Materials supplied by the Customer.
a) The Company may reject any materials supplied or specified by the Customer which appear to it 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 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 or specified, 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.
13. Customer Specification.
a) In case of any discrepancy between drawings and specifications, the specifications shall prevail.
b) Where the Customer's final order specification is different to that on which work was quoted additional charges will be made, unless agreed otherwise by the Company in writing.
14. 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 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:
a) 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 by the Customer, and
b) In respect of all unpaid debts due from the Customer have a general lien on all goods and property in the Company's 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 the Company thinks fit and to apply the proceeds towards such debts.
c) Require the Customer to immediately and at their own expense return each and every copy of all electronic files and all camera ready copy or any other property belonging to the Company.
15. Illegal matter.
a) The Company 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 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 produced for the Customer. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.
16. Unsuitable Assignments.
a) The Company shall not be required to edit,
copy edit, typeset, or print any book or publication which in
its opinion is unsuitable having regard to the company's other
customers or workforce or having regard to the widely held
views and norms or mores in society regardless of any
statement or opinion expressed by an officer of the company
that agrees or disagrees with such widely held views and norms
and mores.
b) The Company may decline to work on any book or publication at any time without giving a reason notwithstanding that a quotation for the work has already been given
by the Company and accepted by the customer.
17. Periodical publications.
A contract for the production of a periodical publication may not be terminated by either party unless 13 weeks notice in writing is given in the case of periodicals produced monthly or more frequently or 26 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 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 the Company elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
19. Variation of Terms.
No variation of these terms will be accepted unless agreed in writing by a director of the Company.
20. Retention of Title.
Notwithstanding anything in the above terms no title shall pass to the customer until the goods have been paid for in full.
21. Law.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
132 Bristol Road Gloucester GL1 5SR
Telephone: 01452 500016 Fax: 01452 307931 contact us at Action Publishing Technology
Copyright © Action Publishing Technology
