Standard Conditions of Contract
The following are the Terms and Conditions of trading of AD Graphics and shall apply to any contract made between AD Graphics and its Clients and only be varied if mutually agreed in writing. AD Graphics is right to changes or amends the content of their Terms & Condition at any time.
1. Prices and variation
Prices quoted or used by AD Graphics and any amendment to decrease or increase are payable in full after acceptance by the customers unless otherwise agreed. A charge is made to cover any additional work involved.
It is customer responsibility the accuracy of spelling before work to be done, as once approved; redo the order due to errors shall be chargeable to the full cost. Proofs of all work may be submitted for customer’s approval depend on the nature of the work and AD Graphics will incur no liability for any errors not corrected by the customer in final proof so submitted. For the avoidance of doubt it is the customer’s duty to ensure that the final proof is checked thoroughly as no liability will attach to AD Graphics for any failure by the customer to check for any errors in the final proof howsoever arising. Customer’ alterations and additional proofs necessitated thereby shall be charged extra. When Style or layout is left to AD Graphics’s judgment or discretion changes later made by the customer shall be charged as an extra cost. The final proof, only when correctly signed off along with a correctly completed proofing slip, will be accepted to proceed to production. The final proof submitted to AD Graphics by electronic devices such as emails or text messages shall be deemed as customer’s signature and proofing slip.
Furthermore the final copy supersedes any previous copies as the copy approved by the clients being correct to proceed to production.
A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
4. Delivery Title and payment
(a) Delivery or work shall be accepted by the customer when tendered and thereupon or, if earlier, on notification that the work has been completed, payment shall become due.
(b) Should expedited delivery be agreed an extra fee might be charged to cover any overtime or any other additional costs including delivery charges incurred by AD Graphics or courier.
(c) Should work be suspended at the request of or delayed for any reason or through any default of the customer for a period of 30 consecutive days AD Graphics shall immediately at the end of that period be entitled to payment for work already carried out, materials used or specially ordered and any other additional costs including storage.
(d) No title in any goods, materials or work done (excluding intellectual property rights to include copyright) shall pass to the customer from AD Graphics until payment in full has been received by AD Graphics.
(e) The ownership of any intellectual property rights in artwork, copy, illustrations, photographs or any other material provided by AD Graphics will remain with AD Graphics or its sub-contractor. On the client’s payment of AD Graphics’s charges AD Graphics grants the client a licence or sub-licence (where applicable) to use the material for the purpose of the description provided by AD Graphics in its estimate and not to copy, have copied, amend or alter the material without the prior written agreement of AD Graphics. Any breach would result in litigation by AD Graphics
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to AD Graphics and the carrier within three clear days of delivery (or, in the case of non-delivery within 7 days of dispatch of the goods) and any claim in respect thereof must be made in writing to AD Graphics within 7 days of the delivery. AD Graphics may call for proof of delivery ( or, in the case of non-delivery within 14 days of dispatch). All other claims must be made in writing to AD Graphics within 7 days of delivery. AD Graphics may call for proof of any claim made and shall not be liable in respect of any claim unless the aforementioned requirements have been compiled with except in any particular case where the customer establishes to the reasonable satisfaction of AD Graphics that:
(i) It was not possible for good reason to comply with the aforesaid requirements.
(ii) Advice (where required) was given and the claim made as soon as reasonably practicable.
AD Graphics shall not be liable for any loss, damage or expense (whether direct or indirect or consequential) to the customer arising from;
(i) Delay in transit not caused directly by AD Graphics
(ii) Any other cause beyond the reasonable control of AD Graphics
7. Customer’s Property
(i) AD Graphics by or on behalf of the customers shall while any of the customer’s property of whatsoever nature is in the possession of AD Graphics or in transit to or from the customer be deemed to be at the customer’s risk unless otherwise agreed and customer must insure accordingly.
(ii) AD Graphics shall be entitle to make a reasonable charge for the storage of any customer’s property left with AD Graphics before receipt of the order or after notification to the customer of completion of work.
8. Material Supplied by the Customer
(i) AD Graphics may reject any materials supplied by the customer, which appear to be unsuitable. Additional cost incurred if materials supplied by customer are found to be unusable during production may be charged at AD Graphics’s discretion.
(ii) Where materials are so supplied or specified, AD Graphics will take every reasonable care to secure the best results but responsibility will not be accepted by the printer for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
(iii) Quantities of materials supplied shall be adequate to cover normal spoilage.
If the customer ceases to pay his debts in the ordinary course of business or can not 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 enters into any composition with its creditors including any voluntary arrangement or being a person is the subject of a bankruptcy petition or order AD Graphics 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 for the customer, such charge to be a debt immediately due to the presentation of the relevant invoice to the customer or its or his representative.
(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 day’s notice to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceeds towards the debts.
10. Illegal Matter
(i) AD Graphics shall not be required to provide any service, which in his opinion is or maybe of an illegal immoral or libellous nature or an infringement of the proprietary or other rights of any third party.
(ii) AD Graphics shall be indemnified by the respect of any claims, damages, costs and expenses arising out of any allegedly illegal immoral or libellous matter or any customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
11. Force Majeure
AD Graphics shall be under no liability to the customer if shall be unable to carry out any provision of the contract for any reason beyond his reasonable control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, or other calamity, failure of power supply, lock-out, strike, or other action taken by employees of AD Graphics or any of AD Graphics’s suppliers or carriers or subcontractors in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performances of the contract, or arising from any government action (the contingency). During the continuance of such a contingency the customer may by written notice to AD Graphics elect to terminate the 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 or sub-licence (where applicable) to use the material printed by AD Graphics for the purpose of the description provided by AD Graphics in its estimate and not to copy, have copied amend or alter the material without the prior written agreement of AD Graphics.