Abbey Print Limited Terms & Conditions
Welcome to the Abbey Print Limited website.
The term 'Abbey Print Limited' or 'Abbey Print' or 'Abbey' or 'us' or 'we' refers to the owner of the website whose registered office is Bank House, Broad Street, Spalding, Lincs. PE11 1TB. Our company registration number is 2721269 and registered by The Registrar of Companies for England and Wales.
The term 'you' refers to the user or viewer of this website.
- Price variation estimates are based on the printer’s current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
- Tax except in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, the printer reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
- All preliminary work carried out, whether experimentally or otherwise, at customer’s request shall be charged.
- A copy charge may be made to cover any additional work involved where copy supplied is not clear and legible.
- Proofs of all work may be submitted for customer’s approval and the printer 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 the printer’s judgement, changes therefrom made by the customer shall be charged extra.
- Price and Payment -
(1) The price shall be the sellers quoted price (subject to the terms of condition 1 hereof) the price is exclusive of Value Added Tax which shall be due at the rate ruling on the date of the printer’s invoice.
(2) Payment of the price and Value Added Tax shall be due within thirty days of the date of invoice and time for payment shall be of the essence.
(3) Should work be suspended at the request of or delayed through any default of the customer for a period of thirty days the printer shall then be entitled to payment for work already carried out materials specially ordered and other additional costs including storage.
(4) Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 3% per calendar month and shall accrue at such rate after as well as before any judgement.
- Delivery of the Goods -
(1) Delivery of work shall be accepted when tendered or if earlier on notification that the work has been completed.
(2) Unless otherwise specified the price quoted is ex-works.
(3) Should expedited delivery be agreed an extra amount may be charged to cover any overtime or any other additional costs involved.
- Title and Risk -
(1) The risk in the work and all goods delivered in connection therewith (herein within this clause called “the goods”) shall pass to the customer upon delivery.
(2) In spite of delivery having been made the property in the goods shall not pass from the printer until:-
(2.1) The customer shall have paid the price plus VAT in full and
(2.2) No other sums whatsoever shall be due from the customer to the printer.
(2.3) Until property in the goods passes to the customer in accordance with 8.2 the customer shall hold the goods and shall store them (at no cost to the printer) separately from all other goods in his or its possession and marked in such a way that they are clearly identified as the printer’s property and upon request from the printer shall inform it of the whereabouts of the goods and procure that the printer shall have access thereto at all times upon reasonable notice.
(3) The customers right to retain possession of the goods will automatically determine in any of the following circumstances:-
(3.1) The customer fails to make the payment of any sum due to the printer under this or any other contract and any such sums remaining outstanding for more than fourteen days after the date upon which such sum falls due for payment and the Printer serves a written notice of termination or
(3.2) An Incumbrancer takes possession or a Receiver, Administrative Receiver, Trustee or similar Officer is appointed of any part of the assets of the customer or
(3.3) Any distress or execution is levied on or issued against any of the property of the customer and is not paid within seven days after such levy or issue or
(3.4) A petition is advertised or notice given of a resolution to wind up the customer (otherwise than for the purpose of reconstruction or amalgamation) or a petition for an administrative order is presented in respect of the customer or
(3.5) A petition in bankruptcy is presented against the customer or
(3.6) The customer is unable to pay its debts within the meaning of Sections 123 or 341 (3) of the Insolvency Act 1986 or any statutory modification or reenactment thereof or
(3.7) The customer makes any arrangement or composition with its creditors
(4) Upon determination of the customer’s right to possession under sub paragraph 8.4 above the customer shall place the goods at the disposal of the printer who shall be entitled to enter upon the premises where the goods are held for the purposes of removing the same at which time all rights of the customer in the goods shall cease.
(5) The customer shall not pledge or in any way charge by way of security for any indebtedness any of the goods which are the property of the printer and without prejudice to the other rights of the seller if the customer does do all sums whatever owing by the customer to the seller shall forthwith become due and payable.
(6) The customer shall insure and keep insured the goods to full price against all risks to the reasonable satisfaction of the printer until the date that the property and the goods passes from the printer and shall whenever requested by the printer produce a copy of the Policy of Insurance. Without prejudice to the other rights of the printer if the customer fails to do so all sums whatever owing by the customer to the printer shall forthwith become due and payable.
- Variations in Quantity
Every endeavour will be made to deliver the correct quantity ordered. but estimates are conditional upon margins of 5 per cent for work in one colour only and 10 per cent for other work being allowed for overs or shortage (4 per cent and 8 per cent respectively for quantities exceeding 50,000) the same to be charged or deducted.
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the printer and the carrier 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 writing to the printer and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other claims must be made in writing to the printer within 28 days of delivery. The printer 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 the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
The printer shall not be liable for any loss to the customer arising from delay in transit not caused by the printer.
- Standing material
(a) Metal, film, glass and other materials owned by the printer and used by him in the production of type, plates, moulds, stereotypes, electrotypes, film-setting, negatives, positives and the like shall remain his exclusive property. Such items when supplied by the customer shall remain the customer’s property. (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.
- Customer’s property
(a) Except in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, customer’s property and all property supplied to the printer by or on behalf of the customer shall while it is in the possession of the printer or in transit to or from the customer be deemed to be at customer’s risk unless otherwise agreed and the customer should insure accordingly. (b) The printer shall be entitled to make a reasonable charge for the storage of any customer’s property left with the printer before receipt of the order or after notification to the customer of completion of the work.
supplied by the customer (a) The printer may reject any paper, plates or other materials supplied or specified by the customer which appear to him to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by the printer in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer. (b)Where materials are so supplied or specified,the printer will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified. (c) Quantities of materials supplied shall be adequate to cover normal spoilage.
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, the printer without prejudice to other remedies shall
(i) 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 him, and
(ii) 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 in such manner and at such price as he thinks fit and to apply the proceeds towards such debts.
- Illegal matter
(a)The printer shall not be required to print any matter which in his opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other. (b) The printer 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 any amounts paid on a lawyers advice in settlement of any claim.
- Periodical publications
A contract for 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 be given after completion of work on any one issue. Nevertheless the printer may terminate any such contract forthwith should any sum due thereunder remain unpaid.
- Force Majeure
The printer shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control including (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 the printer elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.