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Terms and Conditions of Trading

1. COST VARIATION – Quotations are based on the current costs of production and are subject to amendment by Smith Print Design Limited t/a SPD Limited on or at any time after acceptance to meet any rise or fall in such costs.

2. VAT – SPD Limited shall be entitled to charge the amount of any VAT payable whether or not included on the quotation or invoice.

3. PREMILINARY WORK – Work carried out, whether experimentally or otherwise, at the customer’s request will be charged.

4. PROOFS – Author’s corrections, including alterations in style, and the cost of additional proofs necessitated by such corrections, will be charged extra. Proofs of all work may be submitted for customer’s approval, and in that event no responsibility will be accepted for any errors in them not corrected by the customer.

5. DELIVERY AND PAYMENT -

a. Delivery of work shall be accepted when tendered and thereupon, or on notification, that the work has been completed the ownership shall pass and payment shall become due.

b. should expedited delivery be agreed and necessitate overtime or other additional costs, an extra charge may be made.

c. should work be suspended at the request of, or delayed through, any default of the customer for a period of 30 days, SPD Limited shall then be entitled to payment for work already carried out and materials specially ordered.

d. the Customer shall pay SPD Limited the amounts calculated with reference to the invoice within 30 days of an invoice being rendered to the Customers address; and

e.if any invoice remains unpaid after becoming due, interest shall be charged on such amounts as are due and unpaid at a rate of 8% over the Bank of England base rate from time to time prevailing from the date on which such amounts become due until payment is made in full to SPD Limited. Such obligations shall be independent and shall not merge with any judgement.

6. VARIATIONS IN QUANTITY –Every endeavour will be made to deliver the correct quantity ordered, but quotations are conditional upon margins of 5% for work in one colour only and 10% for other work being allowed for overs or shortage, the same to be charged or deducted.

7. CLAIMS - Claims arising from damage, delay, or partial loss of goods in transit must be made in writing to SPD Limited and the carrier so as to reach them within three days of delivery and claims for non-delivery within 28 days of despatch of the goods. All other claims must be made to SPD Limited within ten days of delivery.

8. LIABILITY –
a. SPD Limited shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to the customer arising from delay in transit and
b. where work is defective for any reason, including negligence, the liability of SPD Limited (if any) shall be limited to rectify such defect.

9. STANDING MATTER –

a. Metal, film, glass and other materials used by SPD Limited in the production of type, plates, moulds, stereotypes, electrotypes, film-setting, negatives, positives and the like shall remain the exclusive property of SPD Limited and

b. type may be distributed and lithographic, photogravure, or other work effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged.

10. CUSTOMER’S PROPERTY – Customer’s property, and all property supplied to SPD Limited by or on behalf of the customer, will be held, worked on, and carried out at customer’s risk.

11. MATERIAL SUPPLIED BY CUSTOMER –

a. SPD Limited may reject any paper, plates or other materials supplied or specified by the customer, which appear to SPD Limited to be unsuitable. Additional costs incurred if materials are found to be unsuitable during production may be charged.

b. where materials are so supplied or specified, responsibility for defective work will not be accepted by SPD Limited.

c. quantities of materials supplied shall be adequate to cover normal spoilage.

12. STORAGE – All goods held in stock by SPD Limited, at the customer’s request, are at the customer’s sole risk against loss or damage by fire or any other cause and must be cleared within 12 months.

13. GENERAL LIEN – Without prejudice to other remedies, SPD Limited shall 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 days notice to dispose of such goods or property as SPD Limited thinks fit and to apply any proceeds towards such debts.

14. ILLEGAL MATTER –

a. SPD Limited shall not be required to print any matter which, in the opinion of SPD Limited, is or may be of an illegal or libellous nature and

b. SPD Limited shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter printed for the customer or any infringement of copyright, patent or design.

15. PERIODICAL PUBLICATIONS – A contract for the printing of periodical publications may not be terminated by either party unless written notice is given as follows:

Nature of Publication	Length of Notice (given at any time)
Weekly	13 weeks
Fortnightly	13 weeks
Monthly	13 weeks
Two Monthly	13 weeks
Quarterly	26 weeks

Nevertheless SPD Limited may terminate any such contract forthwith should any sum due there under remain unpaid.

16. FORCE MAJEUREM – Every effort will be made to carry out the contract but its due performance is subject to cancellation by SPD Limited or to such variation as SPD Limited may find necessary as a result of inability to secure labour, materials or supplies or as result of any Act of God, War, Strike, Lockout or other labour dispute, Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) beyond the control of SPD Limited.

17. INTERPRETATIONS – The clause headings in these conditions are for convenience and shall not affect the construction of these conditions. References to clauses are (unless otherwise stated) to clauses in these conditions. References to statute or statutory provisions shall include reference to any statutory modification or re-enactment thereof.

18. JURISDICTION – The conditions and all other express terms of the contract shall be governed by and construed in accordance with English law, all disputes arising out of, or in connection with it, shall be decided by the English Courts.