
98 Molesworth Road
Plymouth
DEVON
PL3 4AQ
Terms and Conditions
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Price
Variation - Quotations are based on the current costs
of production, distribution, storage etc and are subject
to amendment by Mark One Design
on or
at any time after acceptance to meet any rise or fall
in such
costs.
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Value
Added Tax (VAT) - Mark One Design shall be entitled
to charge the amount of any Value Added Tax payable
whether or not included
on the quotation or invoice.
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Preliminary
work - Work carried out, whether experimentally or otherwise,
at customer's request will be charged.
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Proofs
- Proofs of all work may be submitted for customer's approval
and Mark One Design 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, photographic choice or layout is
left to Mark One Design 's judgement, changes there from
made
by the customer
shall be charged
extra.
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Delivery
and payment:-
(a) Delivery of work shall be accepted when tendered
and thereupon or, if earlier, on notification that
the work has been completed,
the ownership shall pass and payment shall become
due.
(b) Unless otherwise specified the price quoted is
for delivery of the work to the customer's address
as set
out in the estimate.
A
charge may be made to cover any extra costs involved
for delivery to a different address.
(c) Should expedited delivery be agreed an extra
may be charged to cover any overtime or any other
additional
cost involved.
(d) Should work be suspended at the request of or
delayed through any default of the customer for a
period of 30
days Mark One
Design shall then be entitled to payment for work
already carried out, materials
specially ordered and other additional costs including
storage.
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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).
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Claims - Claims arising from damage, delay, or
partial loss of goods in transit must be made in
writing to Mark
One Design
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 Mark One Design within ten
days of delivery.
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Liability:-
(a) Mark One Design 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.
(b) Where work is defective for any reason, including
negligence, the Mark One Design's liability (if any)
shall be limited to
rectifying such defect.
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Standing Matter:-
(a) Metal, film, glass, scans, music, photographs and other
materials used by Mark One Design
in the production of type, plates, moulds,
stereotypes,
electrotypes,
film-setting,
negatives, positives, digital artwork and the like
shall remain his exclusive property.
(b) Type may be distributed and lithographic, photogravure,
electronic artwork, 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.
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Customer's Property - Customer's property and
all property supplied to Mark One Design by or on
behalf
of the customer
will be held,
worked on, and carried at customer's risk.
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Material supplied by customer :-
(a) The Mark One Design may reject any electronic
media, electronic transmission, 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.
(b) Where materials are so supplied or specified,
responsibility
for defective work will not be accepted by Mark One Design
unless
this is due to our failure to use reasonable
skill
and care.
(c) Quantities of materials supplied shall be adequate
to cover normal spoilage.
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Insolvency - 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, Mark One Design without prejudice to
other remedies shall:
(a) 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
(b) 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.
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Illegal matter:-
(a) Mark One Design shall not be required to publish,
promote or distribute any matter which in his opinion
is or may be
of an illegal
or libellous nature.
(b) Mark One Design shall be indemnified by the customer
in respect of any claims, costs and expenses arising
out of any
libellous
matter printed, published, promoted or distributed
for the customer or any
infringement of copyright, patent or design.
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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 Fortnightly
13 weeks
Monthly
Two monthly
26 weeks Quarterly. Nevertheless Mark One Design
may terminate any such contract forthwith should
any sum
due thereunder remain
unpaid.
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Force
Majeure - Mark One Design 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.
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Law :-
These Conditions
and all
other express
terms
of the
contract
shall be
governed
and construed
in accordance
with the
Laws of
England.
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All design
and artwork
remains
the intellectual
property
of Mark
One Design
together
with intellectual
copyright,
unless
specifically
signed
over.
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Mark One
Design
reserve
the right
to withdraw
use of
such copyright
in the
event of
non-payment
of an
account.
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TERMS -
Mark One
Design's
terms are
strictly
30 days
from invoice
date unless
otherwise
agreed
in writing.
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Due to
limitations
in the
print process
Mark One
Design
will not
guarantee
consistency
of colour
from
section
to section
and cannot
be held
liable
for any
variation.
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When
we supply
a purchase
order Mark
One Design
reserves
the right
to say
our terms
supersede
yours,
accepting
our order
means
you accept
our terms.
Under the
terms of
the order
we will
not pay
for any
extras
over and
above the
amount
shown
on the
purchase
order
without
prior
written
consent.
ENDS |
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