Mark One Design - logotype
98 Molesworth Road
Plymouth
DEVON
PL3 4AQ



Terms and Conditions

  1. 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.

  2. 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.

  3. Preliminary work - Work carried out, whether experimentally or otherwise, at customer's request will be charged.

  4. 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.

  5. 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.

  6. 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).

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. Law :- These Conditions and all other express terms of the contract shall be governed and construed in accordance with the Laws of England.

  17. All design and artwork remains the intellectual property of Mark One Design together with intellectual copyright, unless specifically signed over.

  18. Mark One Design reserve the right to withdraw use of such copyright in the event of non-payment of an account.

  19. TERMS - Mark One Design's terms are strictly 30 days from invoice date unless otherwise agreed in writing.

  20. 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.

  21. 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