Terms and Conditions
All costs are exclusive of VAT @ 17.5% and are subject to Pixel Room LTD’s standard terms and conditions.
An authorised purchase order will be required at the commencement of the project. A final balance will be payable on completion and the site being taken to live based on a 30 day payment term.
1 Price variation Estimates are based on the printers / suppliers current costs of production and, unless otherwise agreed are subject to amendment on or at any time after acceptance to meet any rise or fall in costs.
2 Tax Except in the case of a customer who is not contracting in the course of business nor holding himself out as doing so, the seller reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
3 Preliminary Work: All work carried out, whether experimentally or otherwise, at the customers request shall be charged.
4 Copy: A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
5 Proofs of all work may be submitted for customer’s approval and the seller 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 or layout is left to the sellers judgment, changes there from made by the customer shall be charged extra.
6 Delivery and payment (a) Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due.
(b) Unless otherwise specified the price quoted is for delivery of the work to the customers address as set out in the estimate. A charge may be made to cover any extra costs involved for a delivery to a different address.
(c) Should expedited delivery be agreed, an extra cost may be charged to cover any overtime or 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 seller shall then be entitled to payment for work already carried out, materials specifically ordered and other additional costs including storage.
7 Variations in quantity Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5% for work in one colour only and 10% for other work being allowed for overs or shortage (4% and 8% 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 seller and the carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of despatch of goods) and any claim in respect thereof must be made in writing to the seller and 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 seller within 28 days of delivery. The seller shall not be liable in respect of any claim unless the afore-mentioned requirements have been complied with, except in any particular case where the customer proves that (i) it was not possible to comply with these requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
9 Liability The seller shall not be liable for any loss to the customer arising from delay in transit not caused by the seller.
10 Standing material (a) Metal, film, glass and other materials owned by the seller and used by him in the production of type, plates, moulds, stereotypes, electrotypes, film-setting, negatives, positives and the like shall remain his exclusive property. Such items supplied by the customer shall remain the customers 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.
11 Customers property (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, customers property and all property supplied to the seller by or on behalf of the customer shall while it is in the possession of the seller or in transit to or from the customer be deemed to be at the customers risk unless otherwise agreed and the customer should insure accordingly.
(b) The seller shall be entitled to make a reasonable charge for the storage of any customers property left with the seller before receipt of the order or after notification to the customer of completion of the work.
12 Materials supplied by the customer (a) The seller may reject any paper, plates or other materials supplied or specified by the customer which appear to him 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 seller in ascertaining the unsuitability of the materials then the amount shall not be charged to the customer.
(b) Where materials are so supplied or specified the seller will take every care to secure the best result, 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 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 person commits an act of bankruptcy or has a bankruptcy petition issued against him, the seller 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 by 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 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.
14 Retention of title The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.
15 Illegal matter The seller shall not be required to print any matter which is in his opinion is or may be of illegal or libellous nature or an 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 lawyers advice in settlement of claim.
16 Force majeure The seller shall be under no liability if he shall be unable to carry out any provisions of the contract for any reason beyond his 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 require for the performance of the contract. During the continuance of such a contingency the customer may be written notice to the seller elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
17 Law These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
18 Liability (a) The seller shall not be liable for indirect loss or third party claims occasioned by delay in completing the work for any loss to the customer arising from delay in transit
(b) Where work is defective for any reason, including negligence, the sellers liability (if any) shall be limited to rectifying such defect.