1 Conditions of Contract

All orders and contracts shall be deemed to incorporate and to be subject to the terms and conditions contained herein.

2 Conditions Overriding

Unless otherwise agreed in writing these Conditions which supersede all earlier sets of Conditions shall override any conditions or terms stipulated, referred to, or incorporated by the Client in his order or during negotiations.

3. Clients’ Property

a)

Although we endeavour to take reasonable care of Clients’ material (including stationery, letter-headings, coupons, envelopes, publicity matter and other advertising material supplied to us by or on behalf of the client and material printed or supplied by us to service a Clients’ order) while on our premises we do not accept legal liability for any loss or damage thereto or for any consequential loss or damage so occasioned and the same is held at the Client’s risk.

b)

Responsibility for the use of unsuitable or defective materials supplied to us by or on behalf of the Client or for any loss or delay due to the Client or his Agents or employees supplying incorrect quantities of such materials is expressly excluded.

c)

We cannot undertake to examine or check the quality, condition or quantity of such material and no responsibility as to quality or condition or as to the accuracy of the Delivery Note Figures (whether or not signed for) can be accepted.

d)

The Client should ensure that adequate quantities of the materials he supplied are provided to

cover spoilage.

e)

Whenever possible Clients will be advised of shortages.

f)

We reserve the right to destroy or otherwise dispose of any surplus materials if their return is not requested in writing at the time of order.

4 Accuracy of Clients’ Material

a)

Where the client supplies his own list of names and addresses no responsibility can be accepted for their accuracy or for any errors or omissions or for any loss or damage consequential upon their use.

b)

Detailed instructions, in writing, for the use of any such list must be supplied by the Client before we can undertake the order.

c)

We shall be at liberty without incurring any liability whatever to omit any name and address from such list as we shall in our absolute discretion consider to be incomplete, illegible or unacceptable for any reason whatever.

5. Defamatory or Illegal Material

   a)

   All advertising material prepared or supplied by the Client is subject to the Client’s express warranty that the same does not contain anything which might constitute an infringement of any Copyright or Agreement or which might be defamatory, obscene or otherwise unlawful. The Client undertakes to indemnify us in respect of; all costs, charges and expenses arising out of any proceedings, claims or demands that may be made against us by reason of anything contained therein which is illegal to constitute an infringement of any Copyright or Agreement or to be defamatory, obscene or otherwise unlawful.

   b)

   Notwithstanding the acceptance by us of any order, we reserve the right at our absolute discretion to refuse to execute or complete the same or without prejudice to any of our rights under these Conditions to rescind the contract if by so doing we are of the opinion that the same might constitute an infringement of any Copyright or Agreement or be defamatory, obscene or otherwise unlawful or which might offend the standards laid down or generally accepted by the advertising profession and no liability shall attach to us by reason of any loss or damage to Clients arising out of such refusal and the Client shall discharge all our proper costs charges and expenses arising or accruing due to work undertaken (including preliminary work as hereinafter defined) prior to such refusal and in connection therewith,

   c)

   The Client undertakes forthwith upon request to supply us with true and correct copies of all advertising or other material intended to be used in conjunction with any order. If such material is not supplied within seven days of the same, having been requested in writing, we shall be at liberty to cancel the order and the Client shall forthwith pay all our proper costs, charges and expenses arising or accruing due to work undertaken prior to such cancellation and in connection therewith including preliminary work.

    

6. Expedited Delivery

   Should delivery of work be required sooner than the normal time requisite for its proper production every effort will be made to secure completion of the order in accordance with our normal standards but no responsibility can be accepted for errors or mistakes accruing in such circumstances. Should the circumstances warrant overtime or other additional expenses a charge will be made to cover the additional cost.

    

7. Delivery and Completion of the Contract

   While every effort is made to execute orders within the time quoted, time shall not be deemed to be of the essence of the contract, nor can any responsibility be accepted for failure to complete an order by an agreed date and all liability so arising is expressly excluded. No responsibility can be accepted should we be prevented or delayed in carrying out an order by reason of act of God, war, lock-outs, fire, flood, explosion, delays in transit, strike, riots, postal delays or any other unexpected or exceptional cause or circumstance beyond our control but all reasonable steps will be taken to complete the same as soon as may be reasonably possible, having regard to the circumstances.

    

8. Proofs

   Corrections made by, or at the request of, the Client to the first of any subsequent proof including alterations in style will be charged extra. No responsibility will be accepted for any errors in proofs passed by the client

    

9. Postage

   When mailing is undertaken by us we require postage to be:-

   a) Paid in advance for UK domestic mail.

   b) Paid within 14 days of invoice date (unless otherwise agreed) for international mail.

   W cannot undertake to remind clients to remit postage money where specific mailing dates are involved. If requested in writing at the time of order a Certificate of Posting will be supplied, otherwise the quantity of mail posted will be as stated in our final account. In either event the Certificate of Posting or final account shall be accepted by the Clients as irrefutable proof of the details shown therein.

    

10. Terms of Payment

    a)

    Payment (excluding postal charges as to which see Clause 9 hereof) is due within 14 days of the delivery of our invoice and our terms are strictly net. Where the execution of an order extends over a period exceeding one calendar month we may upon written request agree at our absolute discretion to invoice at the end of each month for payment in respect of work carried out during that month or negotiate progress payments, all such payments to be due and payable forthwith.

    b)

    An additional charge will be made for collection or delivery and whenever arranged by the Client or by us on his behalf the carrier shall be deemed to be the agent of the client and the collection or delivery will be effected at the Client’s sole risk.

     

11. Cost Variation

    Quotations are based n the cost of materials and production current at the time of the quotation and are subject to increase to meet any rise in such cost.

     

12. VAT

    We shall be entitled to charge VAT whether or not shown on our quotation or invoice.

     

13. Consequential Loss

    Responsibility will not be taken for any consequential loss or damage occasioned by error or by delay in delivery or despatch.

     

14. Storage

Subject to giving the client not less than fourteen days notice in writing of our intention to invoke this clause we may elect without liability and at our absolute discretion to take any of the following steps in respect of materials held by us for or on behalf of the client.

a)

The material may be destroyed.

b)

The material may be returned to the Client in which event clause 10(b) hereof shall apply.

c)

A storage charge may be made.