1) PRICE VARIATION - Estimates are based on Purely Digital Ltd’s current costs of production and, unless otherwise agreed, are subject to amendment at any time after acceptance to meet any rise or fall in such costs. Purely Digital Ltd will attempt to honour all estimates but, a firm quotation will be given only on sight and receipt of work.
2) TAX - Purely Digital Ltd 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 customer’s 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 - Proofs of all work may be submitted for customer’s approval and Purely Digital Ltd 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 Purely Digital Ltd’s judgment, changes therefrom made by the customer shall be charged extra. Any client that is shown a proof and fails to see and correct any error has accepted that error on his work and can under no circumstances disclaim payment.
6) DELIVERY AND PAYMENT - A deposit of 50% of the total print cost may be required or, should the printer request it, payment in full. Delivery of goods shall be accepted and payment shall become due upon notification that they are ready for delivery. Purely Digital Ltd shall be entitled to charge interest at the rate of 2.5% per month, or part thereof, on all accounts not paid within 14 days of delivery. This clause is subject to, and may be amended by, specific credit terms agreed in writing between the buyer and seller.
7) BEST ENDEAVOURS CLAUSE - Purely Digital Ltd will use their best endeavours to secure delivery of the goods on the estimated delivery dates from time to time furnished, but they do not guarantee time of delivery, nor shall they be liable for any damage or claims of any kind in respect of delay in delivery.
8) SALE OF GOODS - (A) Ownership of the goods which are the subject of this contract shall not pass to the buyer until they are fully paid for, but the risk in the goods shall be borne by the buyer from the date of the delivery by Purely Digital Ltd or their carriers to the buyer. (B) In the event that the price for the goods is not paid by the buyer by the due date, Purely Digital Ltd shall at their absolute discretion, be at liberty either to recover the goods or maintain an action for the price of the goods. (C) For all purposes the buyer hereby grants to Purely Digital Ltd and irrevocable lien on the goods until the price is paid and permits Purely Digital Ltd access to recover the goods, wheresoever they are situated. (D) Without prejudice to the foregoing, Purely Digital Ltd may maintain an action against the buyer for any loss and damage suffered in consequence of the buyer’s failure to complete the contract or pay the price for the goods.
9) VARIATIONS IN QUANTITY - Every endeavour will be made to deliver the correct quantity ordered, but quotations are conditional upon a margin of 5 per cent being allowed for overs or shortage.
10) CLAIMS - Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Purely Digital Ltd within 48 hrs of delivery (or in the case of non-delivery, within 5 days of despatch of the goods) and any claim in respect thereof must be made in writing to Purely Digital Ltd within seven clear days of delivery (or in the case on non-delivery, within 42 days of despatch). All other claims must be made in writing to Purely Digital Ltd within seven days of delivery. Purely Digital Ltd shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (A) it was not possible to comply with the requirements and (B) advice (where required) was given and the claim made as soon as reasonably possible.
11) LIABILITY - Purely Digital Ltd shall not be liable for indirect or consequential loss to the customer’s arising from third party claims occasioned by errors in carrying out the work or by delay in delivery.
12) STANDING MATERIAL - All materials owned by Purely Digital Ltd and used by them in the production of your job, shall remain Purely Digital Ltd’s exclusive property. Such items when supplied by the customer shall remain the customer’s property.
13) CUSTOMER’S PROPERTY AND PROPERTY SUPPLIED - (A) Customer’s property and all property supplied to Purely Digital Ltd by, or on behalf of, the customer will be held at customer’s risk. (B) Every care will be taken to secure the best results where material or equipment are supplied to Purely Digital Ltd by customers, but responsibility will not be accepted for imperfect work caused by defects in, or unsuitability of, such materials or equipment. (C) Where the customer supplies materials adequate quantities shall be supplied to cover spoilage.
14) 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 a person commits an act of bankruptcy, or has a bankruptcy petition issued against him, Purely Digital Ltd without prejudice to other remedies shall: (A) 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 an immediate debt due to Purely Digital Ltd. (B) In respect of all unpaid debts due from the customer have a general lien on all goods and property in Purely Digital Ltd’s possession (whether worked on or not) and shall be entitled on the expiration of fourteen days notice to dispose of such goods or property in such manner and at such price Purely Digital Ltd thinks fit and to apply the proceeds towards such debts.
15) ILLEGAL MATTERS - (A) Purely Digital Ltd shall not be required to print any matter which in their 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) Purely Digital Ltd shall be indemnified by the customer in respect of any claims, cost and expenses arising out of any libellous matter or any infringement of copyright, patent, design or any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
16) FORCE MAJEURE - Purely Digital Ltd shall be under no liability if they are unable to carry out any provision of the contract for any reason beyond their control (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 required for the performance of the contract. During the continuance of such a contingency, the customer may by written notice to Purely Digital Ltd elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
Just to say thank you for the help this week with the jobs. Once again we put you under unreasonable pressure and you deliver above expectations.
Cameron Haywood, Marketing Manager
