GENERAL TERMS & TRADING CONDITIONS
1
PRICE VARIATION
Estimates are based on digital-image-systems.com
& their associates 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
2 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, digital-image-systems.com
& their associates reserves the right to charge the amount of any
Value Added Tax payable, whether or not included on the estimate or invoice.
3 PRELIMINARY WORK
All work carried out, whether experimentally or otherwise at a customer's
request shall be charged.
4 COPY
A charge may be made to cover any additional work involved where copy
supplied is not clear and legible (Telephone calls made to check copy
will be charged for.)
5 PROOFS
Proofs of all work may be submitted for a customers approval and digital-image-systems.com
& their associates shall incur no liability for any errors not corrected
by the customer in proofs so submitted. Customers alterations and additional
proofs necessitated thereby shall be charged extra. When style, type or
layout is left to digital-image-systems.com
& their associates judgment, changes made by the customer shall be
charged extra
6 DELIVERY AND PAYMENT
(a) Any agreed deposits or stage payments must be paid before work commences.
Delivery of work shall be accepted when tendered and thereupon or, if
earlier, on notification that the work has been completed.
(b) Unless otherwise specified the price quoted is for the collection
of the work by the customer. If delivery is required an extra charge may
be made, to cover costs involved.
(c) Should expedited delivery be agreed extra may be charged to cover
overtime or any other additional costs involved.
(d) Should work be suspended at the request of or delayed through any
fault of the customer for a period of 30 days, digital-image-systems.com
& their associates shall then be entitled to payment for work already
carried out, materials specially ordered and other additional costs including
storage.
(e) Unless otherwise stated or agreed, all goods are due for payment on
collection or delivery. digital-image-systems.com
& their associates reserves the right to charge interest at the rate
of 10% per month on overdue accounts.
7 VARIATIONS IN QUALITY (PRINT)
Every endeavor will be made to deliver the correct quantity ordered, but
estimates are conditional upon margins of 5per cent for work in one color
only and 10 per cent for work being allowed for over's or shortage ( 4per
cent and 8 per cent respectively for quantities exceeding 10,000 ) the
same to be charged or deducted.
VARIATIONS IN QUALITY (SIGNS)
Every endeavor will be made to deliver the correct colors and specifications
for the order, but exact color matching cannot be guaranteed unless the
materials are ordered from the same batch. Repeat orders will be matched
as near as possible at the discretion of digital-image-systems.com
& their ASSOCIATES and the customer informed. digital-image-systems.com
& their associates will not incur any liability for misuse or neglect
of products once the customer has accepted delivery. digital-image-systems.com
& their associates will indemnify the customer against bad workmanship
provided a claim is made within three working days of delivery of goods.
8 CLAIMS
Advice of damage, delay or partial loss of goods in transit or of non-delivery
must be given in writing to digital-image-systems.com
& their ASSOCIATES and the carrier within three days clear of delivery
( or, in the case of non-delivery, within 28 days of dispatch of the goods
) and any claim in respect thereof must be made in writing to digital-image-systems.com
& their associates and the carrier within seven clear days of delivery
( or, in case of non-delivery within 42 days of dispatch ) All other claims
must be made in writing to digital-image-systems.com
& their associates within 3 days of collection/delivery. digital-image-systems.com
& their associates shall not be liable in respect of any claims 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 was made as soon
as reasonably possible.
9 LIABILITY
digital-image-systems.com
shall not be liable for any loss to the customer arising from delay in
transit not caused by us.
10 COPYRIGHTS ALL
digital-image-systems.com
COMPOSITIONS ARE COPYRIGHT PROTECTED
digital-image-systems.com
& their associates
shall retain all copyrights to their original designs
and will allow the customer undisturbed use of same providing a firm order
has been excepted and paid for in full with the following provisos
(a) Express permission is obtained in writing by an authorized person
in digital-image-systems.com
& their associates
to copy in any form or media.
(b) Repeat orders are contracted through digital-image-systems.com
& their associates
or their agents unless an agreement between digital-image-systems.com
& their associates and the customer has been
reached and confirmed in writing to the contrary.
(c) Where the customer takes repeat orders to other contractors and copies
original designs in total, digital-image-systems.com
& their associates
will be entitled to a fee comparable to the expected
amount had digital-image-systems.com
& their associates
contracted the order.
(d) Proofs and roughs will constitute a design and come under copyright
restrictions and the customer agrees to abide by all the limitations.
(e) The customer shall have the right to purchase the copyright in full
for a specified fee agreed by digital-image-systems.com
& their associates
and the customer.
(f) digital-image-systems.com
& their associates
reserves the right to add all legal costs in pursuit of any copyright
claim in a court of law.
(g) AN ORIGINAL DESIGN will be determined by the LAYOUT, weather it incorporates
any other artwork produced elsewhere, or in style, or in part, or in color
or format and shall have the originators signature and date to determine
its origination.
(h) Where the customer supplies artwork which requires a direct copy in
part or total digital-image-systems.com
& their associates
will assume permission has been obtained by the customer from its owner
to copy and will not except any liability for copyright infringement and
the customer will take full responsibility for any infringement.
10-1
CONTRACTORS: COPYRIGHTS & INTELLECTUAL PROPERTY
All work produced on behalf of digital-image-systems.com
& their associates, contracted out to & produced by the contractor
shall be deemed to be work undertaken for digital-image-systems.com
& their associates, & shall be the sole copyright of digital-image-systems.com
& their associates & is
covered by copyright law.
Any Images reproduced by a supplier without concent shall make the supplier
liable for consequential damages and related copyrignt infringements &
the contractor excepts these provisos in total with the expectance of
any order.
Digital-image-systems.com
& their asscociates, will retain all associated copyrights to any
artwork produced in relation to an order in any format.
FORMATS:
All formats, electronic or paper that can be reproduced & distributed.
Electronic & paper composition layouts, Print trials, Colour trials,
Mock ups, Variations on different materials & substrates in part or
total. Any origination work where payement has been agreed. All roughs,
proofs & conceptions in part or total. Any computer data stored by
the contractor relating to an order for the purposes of production.
Any plates or materials used in the production process shall be retained
by the contractor for the sole purpose of reproducing an order on behalf
of digital-image-systems.com & their asscociates, & not to be
used for any other pupose without the express permission of digital-image-systems.com
or their asscociates .
EXCEPTANCE OF AN ORDER WILL DENOTE EXCEPTANCE OF
THESE TERMS & CONDITIONS & THEIR LIMITATIONS.
SUPPLIERS WILL AGREE TO MAINTAIN CUSTOMER CONFIDENTUALITY & KEEP ALL
RELATED INFORMATION IN STRICTEST CONFIDENCE TO CONFORM TO THE DATA PROTECTION
ACT.
11
STANDING MATERIAL
(a) Metal , film, glass and other materials owed by digital-image-systems.com
& their associates and used by use in the production of type, plates,
moulds, stereotypes, electrotypes, film -setting, negatives, positives
and the like shall remain the exclusive property of digital-image-systems.com
& their associates.
Such items when supplied by the customer shall remain the customers 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.
12
CUSTOMERS PROPERTY
(a) Except in the case of a customer who is not contracting out in the
course of a business nor holding himself out as doing so, customers property
and all property supplied to digital-image-systems.com
& their associates by
or on behalf of the customer shall, while it is in the possession of digital-image-systems.com
& their associates 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.
13 MATERIALS SUPPLIED BY THE CUSTOMER
(a) digital-image-systems.com
& their associates may
reject any paper, plates or their materials supplied or specified by the
customer which appears to digital-image-systems.com
& their associates to
be unsuitable. Additional costs 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 digital-image-systems.com
& their associates 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, digital-image-systems.com
& their associates 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.
14 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 against it,
or being a person commits an act of bankruptcy or has a bankruptcy petition
issued against him, digital-image-systems.com
& their associates without prejudice to other remedies shall:
(1) Have the right 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 digital-image-systems.com
& their associates, and
(11) In respect of all unpaid debts due from the customer have a general
lien on all goods or property in such manner and at such price that we
think fit to apply the proceeds towards such debts.
15 ILLEGAL MATTER
(a) digital-image-systems.com
& their associates shall not be required to print or produce any matter
which in our opinion is or may be of an illegal or libelous matter or
any infringement of the proprietary other rights, or any third party.
(b) digital-image-systems.com
& their associates shall be indemnified by the customer in respect
of any claims, cost and expenses arising out of any libelous matter or
any infringement of copyright, patent, design or of any other proprietary
or personal rights contained in any material produced for the customer.
The indemnity shall extend to any amounts paid on a lawyer's advice in
settlement of any claim.
16 PERIODICAL PRODUCTIONS
A contract for the production of a periodical items may not be terminated
by either party unless 13 weeks notice in writing is given in case of
items produced monthly or more frequently, or 26 weeks notice in writing
is given in case of other periodicals. Notice may be given at any time
but wherever possible should be given after completion of work or on any
one issue. Nevertheless, digital-image-systems.com
& their associates may terminate any such contract forthwith should
any sum due hereunder remain unpaid.
17 FORCE MAJEURE
digital-image-systems.com
& their associates shall be under no liability if we shall be unable
to carry out any provision of the contract for any reasons beyond our
control, including ( without limiting the foregoing ) Act of God, Legislation,
War, Flood Drought, Failure of power supply, Lock out, Strike or 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 give written notice to digital-image-systems.com
& their associates, elect to terminate the contract and pay for any
work done and materials used, but subject thereto shall otherwise accept
delivery when available.
18 LAW
These conditions and all other express terms of the contract shall be
governed and construed in accordance with the laws of England.
Any
queries contact: query@digital-image-systems.com
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