TERMS and CONDITIONS of Trading of Lanarkshire Print.and Media Ltd
The following are the terms and conditions on which Lanarkshire Print & Media Ltd (Hereafter referred to as ‘The Company’) or it’s associated companies undertake to carry out work on behalf of customers. No variation to these terms and conditions is allowed unless received in writing and signed by a director of the company.
1. COST VARIATION. Estimates and quotations are based on the current costs of production and are subject to increase on or at any time after acceptance by the customer of the estimate or quotation. Prices quoted may be subject to change without prior notice.
- TAX. The company reserves the right to charge the amount of any Value Added Tax payable whether or not included on the estimate or invoice.
- PRELIMINARY WORK. All work carried out, whether experimental or otherwise, at Customer’s request shall be chargeable.
- COPY. A charge may be made to cover any additional work involved where copy supplied by the customer is not clear and legible.
- PROOFS. No liability shall be accepted by the Company for any errors contained in any copies supplied by the customer. The Company will supply proofs of all work to the customer for his approval if the customer so requests. The Company will not accept any liability for any errors in proofs approved by the customer and if the customer shall not request a proof for approval he shall be deemed to have accepted the work as being correct. Customers approving proofs either verbally or by signed return of proof, accept full responsibility for errors or omissions. Any alterations and additional proofs necessitated thereby shall be charged extra. When type, style or layout is left to our discretion any change made shall be charged extra.
- IMPRINT. Unless otherwise requested all work supplied will carry a company imprint which will be placed at our discretion.
- DELIVERY AND PAYMENT.
a) Delivery of work shall be accepted when tendered or, if earlier, on notification that the work has been completed.
b) Unless specified otherwise the price quoted is ex-works. A charge will be made to cover any extra costs involved for delivery to addresses other than stated above.
c) Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved.
d) The responsibility for delivery/collection of all works/goods lies with the customer. Any carriage/uplift arranged by the company is on the customer’s behalf. The company will not be responsible for delays or non delivery arising thereof.
e) Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days we shall be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage charges.
f) Payment for work shall be due on placement of order except where the estimate or quotation provides to the contrary or by previous written agreement. The Company shall be entitled to charge and be paid interest on overdue accounts at a rate of interest equivalent to 5% over the base lending rate of the Royal Bank
of Scotland PLC prevailing at the date payment becomes due. An overdue account charge of £15 or 5% (whichever is the larger amount) of total balance outstanding may also be charged per calendar month overdue. Reminder or correspondence letters will incur charges, details available on request.
g) Any and all amounts owed to the company are deemed to be accepted as personally guaranteed by any or all directors, partners or other agents of liable company.
h) The company reserves the right to pass any unpaid account to a third party or agency for collection. Any additional costs involved, including handling or court charges, will be added to amounts due for collection.
i) Cheques or other forms of payment returned to the company will incur a minimum charge of £35 per representation.
j) The company reserves the right to pass details of all or any bad debt to credit agencies or other interested parties.
k) The customer shall not be entitled to set off against the price set out in the estimate or quotation in respect of any claim against the company or on any other basis.
l) In the event of cancellation of order or contract, the Company reserves the right to charge for works done or supplied to the date of formal notification of cancellation. Designs, proofs, specifications or other consultation work carried out will also become separately chargeable in the event of cancellation.
- TIME FOR DELIVERY. Any date given for delivery of finished work comprises an estimate only and shall not be a term of any contract. Whilst every effort is made to effect delivery within the time scale estimated, the Company shall not be a liable in the event of any delay.
- SUPPLY OF MATERIALS AND/OR INFORMATION. The Company expects all materials and information required from the client or acting agents to be supplied in a suitable format, agreed by the company, and in accordance with agreed schedules or within requested or notified periods. Failure to deliver such may invalidate agreed pricing and lead to termination of contract with full agreed contact or order price becoming immediately payable.
- CONTRACT/ORDER CANCELLATION. In the event that the Company are no longer in a position to supply or provide an agreed service or product, notification will be made in writing detailing the reasons for the cancellation. Works carried out up to this point may be provided to the client on request or may be destroyed at the discretion of the Company. Works supplied may be chargeable. The Company will not be responsible for any losses incurred as a result of cancellation.
- FITTING/INSTALLATION. No guaranteed times can be made by the company on installations of goods or materials. Weather and contractor availability may cause delays. The company accepts no responsibility for installations requiring planning consent or other permissions, this responsibility lies solely with the customer. The company accepts no responsibility for damages arising to persons or property caused either directly or indirectly by goods supplied or fitted. Whilst every care is taken, no responsibility will be accepted by the company for claims arising directly or indirectly due to the supply and/or fitting of goods or materials. The customer is solely responsible for ensuring buildings, walls and other structures are of suitable construction, safe and sound before requesting fitting of goods or materials.
- CLAIMS. Advice of damage, delay or partial loss of goods in transit or of non delivery must be given in writing to the Company and the carrier within 3 days of delivery (or in the case of non delivery within 28 days of dispatch of goods) and any claim in respect thereof must be made in writing to the Company and the carrier within 7 clear days of delivery (or in the case of non delivery within 28 days of dispatch). All other claims must be made in writing to the Company within 14 days of delivery. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied. The Company’s liability arising out of any breach of contract (where of any condition, warranty or fundamental term) shall be limited to the cost of the finished work supplied and shall not extend to any consequential loss or damage. Acceptance of delivered items must not be signed until addressee is satisfied that items are in order. Once signed for, no claim may be made unless advice note is clearly marked as damaged or unaccepted.
- COMPLAINT. Any complaint relating to the quality of goods supplied or conformity with any approved proof must be made in writing within 7 days following delivery. The customer shall have be deemed to have unconditionally accepted the material in the absence of such written notification. In the event of all complaints the customer shall if so requested return to the Company the materials in question as a precondition to pursuing any further action or remedy.
- TRANSIT LIABILITY. The Company shall not be liable for any loss to the customer arising from delay in transit howsoever caused.
- LIMITATION OF LIABILITY. Under no circumstances will the Company or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of products be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either: the use and reliance on products or the inability to use products or mistakes, omissions, interruptions, suspension, termination, deletion of files or e-mail, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to products including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to the Company’s records, programs or services; or merchandise, products or services received through or advertised on What products and merchandise, products or services received through or advertised on any links provided on products or information or advice received through or advertised on products and information or advice received through or advertised on any links provided on products or any information, data, text, messages and other materials that you email, post upload, reproduce, transmit or is otherwise distributed using the Company’s products. The Company is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using the Company services is done at your own risk and the Company shall not be responsible or liable for any damages or injury that may result from transmitting such information. If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
- SUBSEQUENT LOSS. The company accepts no responsibility for any claim or loss resulting from the direct or indirect supply of goods, services or materials.
- STANDING MATERIAL. All materials and items of which the Company is the owner used by the Company in connection with production of the order of the customers shall remain exclusive property of the Company. Such items when supplied by the Customer shall remain the customers property.
- LIEN. The Company shall have a general lien over all goods and materials of the customer in its possession pending payment of all money from time to time owed by the customer.
a. The company accepts no responsibility as to the suitability of products supplied. It is the customers sole responsibility to ensure suitability prior to order.
b. Every effort will be made to ensure closes matches to customer requirements but due to processes involved the company will not undertake to guarantee precise matching. If close matching is requested proofing will be required at additional cost to customer.
c. No responsibility will be accepted or additional guarantees offered by the company for products supplied by third parties out with the guarantee provided by the third party.
- EQUIPMENT HIRE. All equipment supplied on a hire or loan basis by the company or it’s representatives becomes the responsibility of the hirer or borrower from the moment the equipment exits the company premises until returned and checked by authorized company representatives, it is the responsibility of the hirer/borrower to ensure suitable insurance cover is in place before taking hire or loan. The company, at it’s discretion, reserves the right to repair or replace as new, damaged or lost equipment. A charge may also be made for subsequent revenue loss due to such loss or damage. If required, written confirmation of value can be supplied.
- INTERNET HOSTING, WEB DESIGN & RELATED SERVICES
a. The company act only as agents for internet service providers and therefore do not accept or imply responsibility for standards of service, loss of service or termination of services. Any issues regarding services must be taken up with the Internet Service Provider directly.
b. All service provision agreements/contracts entered into will be for a minimum of two years, cancellation or transfer of services within this time will incur penalties.
Transfer of services out with this period will incur additional charges.
c. Unless otherwise notified in writing by the company, any and all web design, coding, programming and construction remains the copyright and property of the company and must not be altered or reproduced without the prior consent, in writing from the company.
- DISCLAIMER. While using the Company’s products and services you will likely access third-party websites through search results and/or links displayed. Such third party websites are not under the control of the company and it is not responsible for the availability of such sites or their contents. Any links provided are provided for your interest or convenience only and do not represent or imply any endorsement by the Company of such linked sites. You acknowledge that the use of such third-party websites is governed by the terms and conditions of use applicable to such sites. Searches of the World Wide Web on sites are conducted by an automated system. The Company makes no representation or warranty, either express or implied as to the accuracy, currency, content or quality of such search results. Additionally, your searches of the World Wide Web may produce results or link you to sites that you may find inappropriate or offensive. The Company shall not be responsible or liable, directly or indirectly for the accuracy, content, timeliness, completeness, legality, reliability, quality, suitability, merchantability or decency of any information, advice, content, service, product or merchandise contained in or linked to sites or services.
- MATERIALS SUPPLIED OR SPECIFIED BY THE CUSTOMER.
a. The Company reserves the right to reject any materials supplied by the customer which appear to the Company 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 the Company 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.
d. The company shall be at liberty to substitute materials of like quality to those specified in the Estimate should the originally specified materials be unavailable for reasons beyond the control of the company.
e. Any property supplied to the company by or on behalf of the customer whilst in possession of the company or in transit to or from the company is deemed to be at the customers risk. Whilst every care will be taken, no responsibility for such property will be accepted by the company. Accordingly the customer must ensure that such property be suitable insured.
- OWNERSHIP OF THE GOODS.
1. Notwithstanding anything to the contrary contained in these conditions or in any order given, all title to goods supplied shall remain with the Company until payment in full of all money from time to time by the purchaser to the Company.
2. Until payment in full of all money owed by the purchaser to the Company, the purchaser shall hold all goods supplied as trustee for the Company upon the following terms:
a. the purchaser shall return the goods to the Company on demand and grants to the Company a licence for the Company by its duly authorized agent to enter onto any property where the goods are for the time being stored in order to retake possession thereof.
b. the purchaser shall have a general licence to sell the goods in the normal course of the purchaser’s business but not further or otherwise and the licence hereby conferred shall determine forthwith if the purchaser (being a company) shall have a receiver appointed over its business and assets or shall be subject to any winding up order or resolution or (being an individual) is subject to a bankruptcy order.
3. In the event of any sale of the goods prior to the payment of all moneys due by the purchaser to the Company (whether such sale is effected in accordance with the licence hereby granted or otherwise)
i. the purchaser shall stand possessed of the proceeds of such sale as trustee for the Company and shall pay the said proceeds into a separate banking account designated as an account on behalf of the Company.
b) the purchaser shall – if called upon so to do – execute an assignment of its rights against the sub-purchaser of the goods to the intent that the Company shall be entitled to recover the price as assignee of the debt payable to the sub-purchaser to the purchaser (the Company agreeing to reply to the purchaser any
excess recovered over and above any moneys at that time due to the Company from the purchaser.)
d. Notwithstanding the provisions of this clause, risk in goods supplied by the Company shall pass to the purchaser when the goods are delivered to the purchaser. The purchaser shall maintain in force a policy of insurance against loss or damage to the goods by all usual risks. In the event of total loss of or damage to the goods, the purchaser shall if called upon so do assign to the Company its right or recovery against any issuer of the goods.
- COPYRIGHT. Rights to all design, artwork, website design, domain registration remains with the company unless specifically notified in writing by the company whether protected by formal copyright or not. Amounts charged as artwork, design, web design, proofing, domain registration and the like are for time spent or materials used and do not include transfer of rights to design. Subsequent transfer of title or rights may incur additional charges. No reproduction of design or goods supplied will be allowed without prior permission in writing from the company.
- CONTENT. All of the content featured or displayed on our websites including but not limited to text, graphics, photographs, images, moving images, sound, illustrations and software are owned by the Company, its licensors and its content providers, unless otherwise stated. Use of materials on this website for reproduction, modification, distribution, or republication without the prior written permission of the Company is strictly prohibited.
1. Except as expressly provided, nothing contained in these conditions shall be construed as conferring any licence under any of the Companies or any third party’s intellectual property rights.
2. Programming, coding, design and other production remains the property of the Company and cannot be reproduced in any way or form without the written consent of the Company.
- SUB-CONTACTED. Contracts, works, programming, coding and design undertaken by the Company on behalf or request of third party remains copy write and property of the Company and is subject to usage under licence to said party. No reproduction and/or alterations in any way or form will be allowed without the written consent of the Company. Where ownership of such product is to be transferred to client, written details of ownership and associated restrictions must be obtained as part of a separate software development agreement.
- ILLEGAL MATTER.
a. The Company shall not be required to print any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary of other rights of any third party.
b. The Company 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 any other propriety, personal or other intellectual property rights contained in any material generated for the customer. The indemnity shall extend to any legal costs reasonably incurred in defending any claim against the Company relating to such materials.
- GUARANTEE. The Company guarantees products supplied, in accordance with statutory rights, for a period of 6 months from date of agreed final completion.
Guaranteed products must be made available for inspection by the company or appointed representatives before any claim may be considered. All products supplied must be maintained and kept according to any and all instructions given both verbally and in writing. Allowance may be made for fair wear and tear.
- COMPLETION. A completion agreement must be signed accepting works/services as being supplied to specification before any product will be released for general usage. The company reserves the right to withdraw services and/or offer of contracts in circumstances where completion certificate is unsigned or monies due are unpaid.
- ARTWORK, ORIGINATION & DESIGN SERVICES. Artwork, origination and design hereafter refered to as ‘Artwork’, for printing supply, video, presentation and other goods supplied services is subsidised and subject to ownership and copyright by the Company. This artwork may not be reproduced, altered or used in any way without prior consent or payment of copyright release fees which may be obtained in writing by request. If artwork is required for other purposes, a studio only rate will be applied for supply of copyright free services.
- AFTER SALES SERVICE. The company endeavours to attend to product issues within 24 – 48 hours of receipt of enquiry or complaint during normal hours of business only. Not including public, statutory or other notified periods of holiday. Advice and/or assistance not relating to agreed fault issues will be billable at published rates. Resolution of issues found not to be result of the companies production or service provision will be billable at published rates. Service out with normal hours of operation may be provided as part of an accepted service agreement only. It is the responsibility of the customer to ensure that all contract, production and service rates are accepted and understood. Placement of order assumes such acceptance.
- SPECIAL OFFERS. Special offer or discounted prices may be subject to change or removal without prior notification. All special offer items must be full paid in advance unless prior arrangement made in writing. Non-payment or payment out with terms may result in full price for items/services being applied. All offer and discounted prices assume supply of all relevant information in person or by email. Offer prices may not be available in conjunction with free consultation or on-site appointment.
- DISCOUNTS. No discounts or rebates are allowed other than those expressly agreed by the Company in writing. All or any discount or offers given will be removed and full price will become payable in the event of delayed, late or non payment of sums due.
- FORCE MAJEURE.The Company shall be under no liability if unable to carry out any provisions of the contract for any reason beyond the control of the Company including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike, illness, holidays or any other action taken by employees in contemplation of 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 Company elect to terminate the contract any pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
- ACCEPTANCE OF CONDITIONS.It is the responsibility of customers/clients to ensure that these terms and conditions have been read and understood before commencement of business. Placement of any order or entry into any agreement, including membership, assumes full terms and conditions to have been accepted.
- JURISDICTION AND GOVERNING LAW.These conditions and other expressed terms of the contract shall be governed by and construed in accordance with the laws of Scotland. The company operates from within the country of Scotland. Products and services supplied can, however, be accessed from other places around the world. Although these places may have different laws from those of Scotland, by accessing the company’s products and services you agree that the laws of Scotland, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of products and services. You also agree to submit to the non-exclusive jurisdiction of the Scottish courts, with respect to such matters. Users of products and services accessing from places outside of Scotland acknowledge that they do so voluntarily and are responsible for complying with local laws.