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TRADING CONDITIONS OF ALBA PRINTERS LTD.

wherein “Alba Printers Ltd.” is referred to as “the printer”

1. COST VARIATION – Quotations are based on the current cost of production and are subject to amendment by the printer on or at any time after acceptance to meet any rise or fall in such costs.
2. VALUE ADDED TAX – The printer shall be entitled to charge the amount of any V.A.T. payable whether or not included on the quotation or invoice.
3. PRELIMINARY WORK – Work carried out, whether experimental or otherwise, at customer’s request will be charged.
4. PROOFS – Author’s corrections, including alterations in style and the cost of additional proofs necessitated by such corrections, will be charged extra. Proofs of all work may be submitted for customer’s approval, and in that event no responsibility will be accepted for any errors in them not corrected by him.
5. DELIVERY AND PAYMENT – (a) Delivery of work shall be accepted when tendered and thereupon or on notification that the work has been completed the ownership shall pass and payment shall become due 30 days from date of Invoice.
(b) Should expedited delivery be agreed and necessitate overtime or other additional cost, an extra charge may be made.
(c) Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days the printer shall then be entitled to payment for work already carried out and materials specially ordered.
d) Interest will be charged at a rate of 8% per annum above base rate (Bank of Scotland) on all overdue accounts.
6. VARIATIONS IN QUANTITY – Every endeavour will be made to deliver the correct quantity ordered, but quotations are conditional upon margins of 6 per cent for work in one colour only and 10 per cent for other work being allowed for overs or shortages, the same to be charged or deducted.
7. CLAIMS – Claims arising from damage, delay, or partial loss of goods in transit must be made in writing to the printer and the carrier so as to reach them within 3 days of delivery and claims for non-delivery within 28 days of despatch of the goods. All other claims must be made to the printer within 10 days of delivery.
8. LIABILITY – (a) The printer shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to the customer arising from delay in transit.
(b) Where work is defective for any reason, including negligence, the printer’s liability (if any) shall be limited to rectifying such defect.
(c) The printer shall not be liable for indirect, consequential or any loss, or for any loss to the customer arising from third party claims occasioned by errors in carrying out the work. Where liability has been established the liability of the printers shall be limited to the cost of replacing the work carried out by the printers which is the subject matter of the claim.
9. STANDING MATTER – (a) Metal, film, glass and other materials used by the printer in the production of type, plates, moulds, stereotypes, electrotypes, film-setting, negatives, positives, and the like shall remain his property.
(b) Type may be distributed and lithographic, photogravure, or other work effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged.
10. CUSTOMER’S PROPERTY – Customer’s property and all property supplied to the printer by or on behalf of the customer will be held, worked on and carried at customer’s risk.
11. MATERIAL SUPPLIED BY CUSTOMER – (a) The printer may reject any paper, plates or other materials supplied or specified by the customer which appear to him to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged.
(b) Where materials are so supplied or specified, responsibility for defective work will not be accepted by the printer unless this is due to his failure to use reasonable skill and care.
(c) Quantities of materials supplied shall be adequate to cover normal spoilage.
12. GENERAL LIEN – Without prejudice to other remedies, the printer shall in respect of all unpaid debts 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 12 days’ notice to dispose of such goods or property as he thinks fit and apply any proceeds towards such debts.
13. ILLEGAL MATTER – (a) The printer shall not be required to print any matter which in his opinion is or may be an illegal or libellous nature.
(b) The printer shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter printed for the customer or any infringement of copyright, patent or design.
14. PERIODICAL PUBLICATIONS – A contract for the printing of periodical publications may not be terminated by either party unless written notice is given as follows:
Weekly, fortnightly or monthly publications – 23 weeks notice given at any time.
Two monthly or quarterly – 26 weeks notice given at any time.
Nevertheless the printer may terminate any such contract forthwith should any sum due thereunder remain unpaid.
15. FORCE MAJEURE – Every effort will be made to carry out the contract but its due performance is subject to cancellation by the printer or to such variation as he may find necessary as a result of inability to secure labour, materials or supplies or as a result of any Act of God, War, Strike, Lockout or other labour dispute, Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) beyond the printer’s control.
16. LAW – These Conditions and all express terms of the contract shall be governed and construed in accordance with the Laws of Scotland, and English Law applied to customers in England.
17. Notwithstanding the date or dates of payment, risk in the goods shall pass to the Buyer on delivery, but, notwithstanding that the goods may have been delivered, the property in the goods shall not pass to the Buyer until full payment of the price has been made.

 

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