Cypher
Digital - General Terms & Conditions
1. DEFINITIONS
“The Company” means Cypher Digital Imaging 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”.
2. PRICES
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.
5. VAT
VAT will be charged at the current rate.
6. LASER OR INKJET CUSTMER PROOFS
In the absence of printed 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.
8. PROOFS
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. Accepting Delivery; it is the Customers responsibility to check
all goods delivered by Carrier. If ANY damage to the box(es) or
packing materials however slight is found, the Carriers delivery
note MUST be signed for as ‘damaged’ and reported in
writing to “The Company” within 24 hours.
If the delivery note has been signed as ‘accepted’ or
signed for in any other way the Customer waives all right to claim
for any repair or replacement.
b. 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. Subcontractors
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.
10. CLAIMS
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 claims 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 Bureau” within seven
days of delivery and the work in question must be returned to “The
Bureau” for examination. “The Company” shall
not be liable in respect of any claim unless the above requirements
have been complied with.
11. CUSTOMERS 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.
12. MATERIALS
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.
14. SUB-CONTRACTING
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.
15. INSOLVENCY
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.
19. LAW
These conditions and all other express terms of the contract shall
be governed and construed in accordance with the laws of England.
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