STANDARD CONDITIONS OF CONTRACT (1999)

Page 2 of 4 << 1 2 3 4 >>

9. 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, payment shall become due.

(b) Unless otherwise specified the price 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 costs involved.

(d) Should work be suspended at the request of or delayed through any default of the customer for a period of 30 calendar days the printer shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.

10. Ownership and risk (a) The risk in all goods delivered in connection with the work shall pass to the customer on delivery.

(b) Goods supplied by the printer remain the printer's property until the customer has paid for them and discharged all other debts owing to the printer.

(c) If the customer becomes insolvent (as set out in clause 16) and the goods have not been paid for in full the printer may take the goods back and, if necessary, enter the customer's premises to do so, or to inspect the goods.

(d) If the customer shall sell the goods before they have been paid for in full he shall hold the proceeds of sale on trust for the printer in a separate account until any sum owing to the printer has been discharged from such proceeds.

11. Claims Advice of damage, delay or 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 notification 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 notification 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.

12. Liability (a) The printer 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, whether as a result of the printer's negligence or otherwise.

(b) Insofar as is permitted by law where work is defective for any reason, including negligence, the printer's liability (if any) shall be limited to rectifying such defect. Where the printer performs its obligations to rectify defective work under this condition the customer shall not be entitled to any further claim in respect of the work done nor shall the customer be entitled to treat delivery thereof as a ground for repudiating the contract, failing to pay for the work or cancelling further deliveries.

(c) Nothing in these conditions shall exclude the printer's liability for death or personal injury as a result of its negligence.

Page 2 of 4 << 1 2 3 4 >>