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terms and conditions
1. resellers – Each outlet is owned and operated by plc or individually owned and operated under licence from 11. Claims – Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the reseller and the carrier (UK Franchise) Ltd, a company registered in England and Wales (registered number 04362849) whose registered offi ce is at Third Avenue, The within three clear days of delivery (or, in the case of non-delivery within 28 days of despatch of the goods) and any claim in respect thereof must be made in
Village, Trafford Park, Manchester M17 1FG (”PDC”). The particulars of ownership of each outlet can be found at the premises of each licence writing to the reseller and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other
holder or via the website at: (the “Website”). claims must be made in writing to the reseller within 28 days of delivery. The reseller 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 (i) it was not possible to comply with
2. Price variation – Price estimates are based on the reseller’s current costs of production and, unless otherwise agreed, are subject to amendment
the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
on or at any time after acceptance, where such amendment is required in order to meet any rise or fall in such costs.
12. Liability – The reseller gives no warranties or guarantees or makes any representations as to the merchantability or fi tness for a particular
3. Tax – The reseller reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
purpose of any completed work the subject of a customer’s order and all other warranties, conditions, guarantees or representations, whether express or
4. Preliminary work – All work carried out, whether experimentally or otherwise, at customer’s request shall be chargeable.
implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded. The reseller shall not be liable for
any loss arising from delay in transit not caused by the reseller. Further, the reseller shall not be liable for any indirect, special or
5. Copy – Where any additional work of whatever nature is necessary as a result of copy supplied by a customer not being clear and/or legible, the consequential damages, loss of profi ts, economic loss, loss of goodwill or loss of anticipated savings or loss of data. The total aggregate liability of the printing.
reseller shall be entitled to make additional charges on a time and materials basis to cover such additional work. com reseller in respect of any and all causes of action arising out of or in connection with the customer’s order and the reseller’s performance of
services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise)
6. Proofs – Proofs of all work may be submitted for customer’s approval and the reseller shall incur no liability for any errors not corrected by the
shall (subject to the provisions of paragraph 10) be limited to the sums paid to the reseller by the customer in respect of the order pursuant to
customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer.
which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to English Law, be
When style, type or layout is left to the reseller’s discretion, any subsequent changes to such style, type or layout required by the customer shall
excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.
be subject to additional charges on a time and materials basis.
13. Standing material – (a) Metal and other materials owned by and used by it in the production of plates, fi lm-setting, negatives, positives and the like
7. Copyright – (a) Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else
shall remain the exclusive property of PDC. Such items when supplied by the customer shall remain the customer’s property. (b) Lithographic, together work
whatsoever prepared, developed or created by the reseller shall vest in and belong to the reseller. The reseller may
or other materials supplied by the customer may be effaced or destroyed immediately after the order is executed unless written arrangements are made to the
use any artwork or printing produced by itself for the purposes of promoting itself and/or PDC. The customer shall be responsible for obtaining all necessary
contrary. In the latter event, the reseller shall be entitled to make additional charges.
authorities and consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible materials (”Materials”) prior to instructing
the reseller to reproduce the same. The customer shall indemnify and hold the reseller and its agents and representatives harmless 14. Customer’s property – (a) The customer’s property and all property supplied to the reseller by or on behalf of the customer shall while
against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered it is in the possession of the reseller or in transit to or from the customer be deemed to be at customer’s risk unless otherwise agreed and the
or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the Materials by the reseller customer should insure such property accordingly. (b) Where a customer fails to collect work within 20 working days from notifi cation to the customer of
infringes the intellectual property or other rights of any third party or misuses the confi dential information of a third party. (b) All design, text, illustrations, completion of the work, the reseller shall be entitled, at its discretion, to either store the work until actual delivery or collection is made and
graphics, photographs, diagrams, drawings, logos and the selection and arrangement thereof, and all source code and all other material content of any Website charge the customer for the costs (including insurance) of storage or to destroy such work (provided that the customer shall nevertheless remain liable for
owned, controlled or operated by PDC and PDC’s Buying Guide and PDC’s Marketing Collateral are the intellectual property of plc or its content payment in respect of the relevant order).
providers and as between PDC and the customer all intellectual property rights (including all copyright) arising out of or connected with such content shall
belong to PDC. No reproduction of any part is allowed without written permission.
15. Materials supplied by the customer – (a) The reseller may reject any paper, plates or other materials supplied or specifi ed by the customer
which it considers to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole
8. Company imprint – Unless otherwise specifi cally requested in writing any work may carry the PDC imprint which will be positioned at the or any part of such additional cost could have been avoided but for unreasonable delay by the reseller in ascertaining the unsuitability of the
reseller’s discretion. materials then that amount shall not be charged to the customer.
9. Delivery and payment – Turnaround is measured in Working Days, defi ned as days on which the clearing banks in the City of London are open for normal (b) The reseller shall have no liability in respect of any work being of less than reasonably satisfactory quality as a result of defects in or the
business. For orders made on a Guaranteed Turnaround service (being orders guaranteed to be ready within a certain period (the “Guaranteed Period”)), delivery unsuitability of materials supplied or specifi ed by the customer.
(as more particularly described in paragraph 9(b) below) will be made no later than 10pm on the last Working Day of the Guaranteed Period. Should the printing.
com reseller fail to deliver within the Guaranteed Period (see also paragraph 10 Variations in quantity), a service ‘credit’ will be awarded up to the value of the
(c) The reseller shall assume that quantities of materials supplied shall be adequate to cover normal spoilage accordingly if the quantities of
order in question (redeemable against future orders within 6 months of issue of the Credit in question) (the “Credit”). The customer will still be obliged to pay
materials supplied are not suffi cient to cover normal spoilage (”an Insuffi cient Supply”) then the reseller shall have no liability for any shortfall in
in full for the order in respect of which delivery was late, including any of the sums charged specifi cally for the provision of the Guaranteed Turnaround Service
quantity to the extent that such shortfall arises as a result of such Insuffi cient Supply.
(”the Premium Charges”). Where the late delivery is as the result of the action or inaction of a third party, such as a carrier, the reseller, at their
16. Credit terms and payment – For invoices not settled within the agreed credit terms or for payments returned unpaid (such as cheques, credit cards or
absolute discretion, may elect to extend the Turnaround by one Working Day and the customer shall not be awarded a Credit during this time. In addition:
similar), the reseller reserves the right to charge interest on the overdue debt at 2% above the HSBC base rate at the time and an administration
(a) These services rely on the customer not delaying the progress of the order in any way (which delays include but are not limited to the customer not returning
fee to cover its debt recovery costs and any other costs relating to the collection of payment.
proofs by the time specifi ed by the reseller or failing to make payment by the time such payment is due) (a “Customer Delay”). In the event of a
17. Insolvency – If the customer ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due or being a company
Customer Delay the customer shall not be awarded a Credit and the customer shall still be obliged to pay the Premium Charges but the reseller
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
shall not be bound to deliver within the Guaranteed Period.
petition issued against it, the reseller without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any
(b) Delivery of work by the reseller shall be deemed to take place upon collection of the work by the customer (where the customer is obliged to
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
collect the work) or (where the reseller is obliged to deliver the work) actual delivery of the work to the customer by the reseller.
charge to be an immediate debt due to the reseller, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods
Where the customer is obliged to collect the work, customer’s failure to collect the work on the day on which the reseller is contractually obliged to
and property in the reseller’s possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such
have it ready for collection shall be classed as a Customer Delay. Where the reseller is obliged to deliver the work to the customer but the customer
goods or property in such manner and at such price as the reseller thinks fi t and to apply the proceeds towards such debts.
provides the reseller with incomplete or incorrect delivery information or is not available to accept delivery, then provided that the
18. Illegal matter – (a) The reseller shall not be required to print any matter which in its opinion is or may be of an illegal or libellous nature or
has used reasonable endeavours to deliver the work to the customer, a failed delivery shall be classed as a Customer Delay.
an infringement of the proprietary or other rights or any third party. (b) Without prejudice to paragraph 7 above, the customer shall indemnify and hold the
(c) Unless otherwise specifi ed the price quoted is for collection of the work from the reseller or the Production Hub at Third Avenue, reseller harmless against all claims, demands, costs, expenses (including but not limited to legal costs and disbursements), losses and damages
The Village, Trafford Park, Manchester M17 1FG. A charge may be made to cover any extra costs involved for delivery to a different address.
arising from or suffered or incurred by reason of the work it is required to produce pursuant to a customer order being or alleged to be defamatory.
(d) Should expedited delivery be agreed the reseller shall be entitled to make additional charges on a time and materials basis to cover any overtime
19. Periodical publications – Save in respect of a material breach and/or in the event that a claim arises under any indemnity set out above a contract for
or any other additional costs involved, including without limitation, the cost of couriers or special delivery post.
the printing of a periodical publication may not be terminated by either party unless 13 weeks notice in writing is given in the case of periodicals produced
monthly or more frequently or 26 weeks notice in writing is given in the case of other periodicals. Notice may be given at any time but wherever possible should
(e) Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days or more the reseller shall be given after completion of work on any one issue. Without prejudice to the foregoing, the reseller may terminate any such contract forthwith
then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage. should any sum due thereunder remain unpaid for a period of 7 or more days from its due date.
(f) Risk of loss or damage to work completed by the reseller shall pass to the customer on delivery. Notwithstanding delivery and the passing of 20. Full colour printing – All reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variation is inherent in
risk in the work to the customer, ownership of and title to the work shall not pass to the customer and shall be retained by the reseller until the the print process and it is understood and accepted as reasonable that, the reseller shall not be required to guarantee an exact match in colour or reseller has received payment in full in respect of the work. texture between the customer’s photograph, transparency, proof, electronic graphic fi le, previously printed matter (whether printed by reseller
or other party) or any other materials supplied by the customer and the printed article the subject of the customer’s order.
(g) In the unlikely event that the reseller deems it necessary to re-print work, the Guaranteed Period shall recommence from the time of the reseller’s confi rmation to the customer of its agreement to reprint the work. 21. Data Protection – By placing an order with the reseller, the customer consents to its details being passed on to PDC for accounting and
marketing purposes. The details will be kept by PDC even after the customer’s trading relationship with the reseller has terminated. PDC and the
10. Variations in quantity – Every endeavour will be made to deliver the correct quantity ordered. However some variation is inherent in the print process reseller may use the customer’s personal data to let customers know about goods and services similar to the goods or services provided to the
and it is understood and accepted as reasonable that minor variations are immaterial and that the reseller shall have no liability in respect of such
customer previously and any others matters that PDC or the reseller consider may be of interest to customers.
variations. For other variations the reseller’s entire liability will be to award a Credit. The table below sets out the circumstances under which a
Credit will be awarded: 22. Force majeure – The reseller shall be under no liability if it shall be unable to perform any obligation which is owed by it to the customer
for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fi re, fl ood, drought, failure of power supply, lock-
Quantities No Credit awarded Pro Rata Credit awarded 1.5x Pro Rata Credit awarded
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
up to 1,000 Shortage up to 10% 11% to 20% 21% to 25%*
performance of the contract. During the continuance of such a contingency the customer may by written notice to the reseller elect to terminate
up to 5,000 Shortage up to 7% 8% to 15% 16% to 23%*
the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
up to 20,000 Shortage up to 5% 6% to 12% 13% to 21%*
above 20,000 Shortage up to 4% 5% to 10% 11% to 20%* 23. Variation to Terms and Conditions – These terms and conditions may be amended from time to time. The latest version of these terms and conditions
may be accessed via the Website.
* The Customer’s sole remedy in respect of shortages above these quantities (”Additional Shortages”) will be a re-print of the entire shortage quantity of the
relevant work, to be undertaken by the reseller within a reasonable period of time. The Customer shall not be entitled to a Credit in respect of 24. Law – These terms and conditions and all other express terms of the contract with customers shall be governed and construed in accordance with English
an Additional Shortage. law. English Courts shall have jurisdiction in relation to any matters arising in connection with any contract between the reseller and the customer
into which these terms are incorporated.
108 terms and conditions
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