1. Definitions
“(the) Customer” the person or company whose or for whom documents are printed, reproduced or copied by The Cornish Print Company Limited.
“document” papers, books, documents (originals or otherwise), digital data and any other items a reproduction or copy of which is to be produced by The Cornish Print Company Limited.
“(the) Condition(s)” the Terms and Conditions of The Cornish Print Company Limited herein contained relating to copying or reproduction work.
“Work” printing copying or reproduction work undertaken by The Cornish Print Company Limited, its servants or its agents.
2. Orders for Work
(i) Orders for work are accepted and work is undertaken by The Cornish Print Company Limited subject only to the conditions.
(ii) The Conditions constitute the entire agreement between the Customer and The Cornish Print Company Limited and no representation statement, condition or warranty expressed or implied that is not contained herein shall be binding on The Cornish Print Company Limited. No variation, waiver or modification of any of these Conditions between the Customer and The Cornish Print Company Limited shall be valid unless in writing and signed by or on behalf of the parties thereto. The Conditions shall prevail notwithstanding any variation or conflict over the Conditions that the Customer may seek to impose (and the Customer’s delivery to The Cornish Print Company Limited of the document(s) relating to the work shall be conclusive evidence thereof).
(iii) Preliminary Work - all carried out, whether experimentally or otherwise, at Customer’s request shall be charged.
3. Refusal to Accept Work
(i) The Cornish Print Company Limited may at any time and notwithstanding prior acceptance of any order for Work, refuse to undertake or complete all or any part of such Work, and shall be under no liability whatsoever to the customer in respect of such refusal, but the Customer shall be liable in respect of any partially completed Work to pay The Cornish Print Company Limited on a pro rata basis;
(ii) No items shall be delivered to nor accepted by The Cornish Print Company Limited other than the documents for relating to the Work;
(iii) Orders for Work placed on and accepted by The Cornish Print Company Limited or documents delivered to The Cornish Print Company Limited relating to Work may not be withdrawn by the Customer save with the prior consent of The Cornish Print Company Limited.
4. Prices
(i) Unless otherwise stated all prices quoted are exclusive of VAT where applicable or any other form of tax.
(ii) The Cornish Print Company Limited will invoice all preliminary and experimental Work carried out at the Customer’s request whether or not the Work produces a finished printed job.
5. Payment
(i) Customers who have an existing account with The Cornish Print Company Limited will be invoiced for Work and all orders shall be signed by an authorised official of the Customer and may be terminated by The Cornish Print Company Limited at any time in its sole discretion.
(ii) Payment will be due within 30 days of the Tax Point shown on the invoice.
(iii) The Cornish Print Company Limited shall at its discretion be entitled to charge interest at up to 6% above Bank of England base lending rate from time to time per annum on any account which remains unpaid after the due date that the Work is completed and ready for collection. The Cornish Print Company Limited shall be entitled to recover from the Customer all costs and disbursements incurred by the company in employing a solicitor, debt collector or other third party to enforce or collect payment of any overdue account.
(iv) Any customer who does not have such an account may have to pay the full amount of the work upon placing the order.
6. Company Liability
(i) The Cornish Print Company Limited’s liability for any loss, damage or destruction, or theft or detention of documents, or loss through mis-delivery of documents, delivered to The Cornish Print Company Limited shall be limited as follows:-
(a) The Cornish Print Company Limited’s liability shall be solely in respect of the documents themselves and not in respect of any consequential loss suffered by or to the Customer or others in respect of which The Cornish Print Company Limited shall be under no liability whatsoever;
(b) Where the documents separately or in the aggregate do not exceed the value of Five Pounds, then the liability of The Cornish Print Company Limited in respect of such documents (where loss, damage or destruction, theft or detention or loss through mis-delivery has been caused by the wilful neglect or default of The Cornish Print Company Limited) shall be the actual value thereof subject to a maximum aggregate of five pounds;
(c) Where the documents separately or in the aggregate exceed the value of Five Pounds and at the time of delivery to The Cornish Print Company Limited the true value and nature thereof has been clearly notified in writing to The Cornish Print Company Limited the liability of The Cornish Print Company Limited where any loss, damage or destruction, theft or detention or loss through mis-delivery thereof is proved to have been caused by the wilful neglect or default of The Cornish Print Company Limited shall be the actual or declared value of the documents whichever shall be the less provided that the liability of The Cornish Print Company Limited in respect of any one claim or series of claims arising from any one act or connected acts as aforesaid shall not exceed in the aggregate Two Thousand Pounds and if the declared value of the documents exceeds the actual value thereof The Cornish Print Company Limited’s liability in respect of any claim for a part of the declared value shall be adjusted in the proportion which the actual value bears to the declared value. Should no notification have been made to The Cornish Print Company Limited pursuant to this paragraph in respect of any document delivered to The Cornish Print Company Limited then the maximum aggregate liability of The Cornish Print Company Limited hereunder shall not exceed Five Pounds.
(d) The Cornish Print Company Limited shall notwithstanding the provisions of the aforegoing sub paragraphs be under no liability whatsoever for any loss, damage or destruction of to any documents that are of a fragile or impermanent nature or otherwise in a bad imperfect condition.
(ii) The Cornish Print Company Limited’s liability in respect of any alleged defect in Work undertaken by The Cornish Print Company Limited shall be limited to replacement only of such defective Work as forthwith notified to The Cornish Print Company Limited on the Customer receiving the allegedly defective Work and on the defective Work together with the original document(s) from which the allegedly defective Work was reproduced being returned to and received by The Cornish Print Company Limited at the Customer’s expense;
(iii) Delivery of documents and completed Work to the Customer shall on acceptance by the Customer of such delivery preclude the Customer from making any claim in respect thereof.
7. Copyright Trademark Protection
The customer undertakes that all Work delivered to The Cornish Print Company Limited shall not infringe any copyright, trademark, registered design or other proprietorial right of any third party and shall not constitute libel or otherwise render The Cornish Print Company Limited open to legal action whatsoever and the Customer shall indemnify The Cornish Print Company Limited its servants and its agents from and against all liabilities and claims which The Cornish Print Company Limited may incur as a result of undertaking Work and/or compliance with the instructions or requests of the Customer.
8. Illegal Matter
(i) The Cornish Print Company Limited shall not be required to print any matter which in their opinion is of or may be of an illegal or libellous nature or and infringement of the proprietary or other rights of any third party.
(ii) The Cornish Print Company Limited 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 printed for the customer. The indemnity shall extend to all amounts paid on a lawyer’s advice in settlement of any claim.
9. Proofs
(i) It is the responsibility of the Customer to check all proofs in respect of Work to be carried out. The Cornish Print Company Limited will not be liable in respect of any errors not corrected by the Customer at the time.
(ii) The Cornish Print Company Limited cannot guarantee that full colour Work will match the proofs in colour, hue or saturation.
10. Quantity
Whilst The Cornish Print Company Limited will do everything to ensure the correct quantity of Work is supplied, orders are accepted on the condition that there may be a margin of 5% either way in the final supplied quantity.
11. Force Majure
The Cornish Print Company Limited shall not be liable to pay compensation to the Customer or to any other person, nor shall this agreement between the Customer and The Cornish Print Company Limited be invalidated or frustated in any way, if The Cornish Print Company Limited fails to deliver or delays delivering any completed or partly completed Work, as a result (whether directly or indirectly) of any strike, lockout, fire, flood, inability to obtain materials, breakdown, delay of supplier or carrier, governmental act and regulation or any other cause beyond its reasonable control.
12. Delivery
(i) The Cornish Print Company Limited shall be under no liability whatsoever for any delay in delivery completed or partly completed Work and any time or date specified for delivery is estimated only.
(ii) Delivery of completed Work unless otherwise agreed between the parties herein shall be (at the option of The Cornish Print Company Limited) delivered by messenger, post, road or rail transport, and shall in all events be at the risk and the expense of the Customer.
13. Lien
The Cornish Print Company Limited shall have a lien on all documents delivered to it for its charges for Work and/or any other monies owing by the Customer, and failing payment of such charges or monies within a reasonable time following request for payment The Cornish Print Company Limited may sell all or any of the documents in partial or complete satisfaction thereof.
14. Sub-contracting
The Cornish Print Company Limited may sub-contract all or part of Work to its agents, and any reference to The Cornish Print Company Limited in the Conditions or otherwise in any form of written communication to parties hereto relating to Work shall extend to all servants and agents of The Cornish Print Company Limited.
15. Obligations of The Cornish Print Company Limited and Customer
All obligations on the part of The Cornish Print Company Limited that are herein contained shall be subject to the due performance by the Customer of its obligations hereunder.
16. Headings
Headings to the Agreement are for convenience only and shall not affect the construction thereof.
17. Governing Law
The construction, validity and performance of this Agreement shall be governed in respects by English Law. For the Conditions set out in this Agreement to be binding in all respects on the parties hereto, it shall suffice for it to be prominently displayed on or in the immediate vicinity of the place or location where the documents are delivered and accepted by The Cornish Print Company Limited for Work. A copy of the Conditions may be obtained on request from The Cornish Print Company Limited.