Terms & Conditions
1. Price Variation. Estimates are based on Splash Printing’s 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, Splash
Printing 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 customer 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.
5. Proofs. Proofs of all work may be submitted for customer’s approval
and the printer 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 or layout is left to Splash Printing’s judgement, changes
therefrom made by the customer shall be charged extra.
6. 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 costs including storage.
7. Variations in quantity. Every endeavour will be made to deliver the
correct quantity ordered, but estimates are conditional upon margins
of 5% for work in one colour only and 10% for other work being
allowed for overs or shortage (4% and 8% respectively for
quantities exceeding 50,000) the same to be charged or deducted.
8. Claims. Advice of damage, delay or partial loss of goods in transit or
of non-delivery must be given in writing to Splash Printing and the
carrier within three clear days of delivery (or, in the case of nondelivery,
within 28 days of despatch of the goods) and any claim in
respect thereof must be made to Splash Printing and the carrier
within seven clear days of delivery (or in the case of non-delivery,
within 42 days of despatch). All other claims must be made in
writing to Splash Printing within 28 days of delivery. Splash Printing
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.
9. Liability. Splash Printing shall not be liable for any loss to the
customer arising from delay in transit not caused by Splash Printing.
10. Standing material. (a) Metal, film, glass and other materials owned
by Splash Printing and used by Splash Printing in the production of
type, plates, moulds, stereotypes, electrotypes, film setting,
negatives, positives and the like shall remain Splash Printing’s
exclusive 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.
11. Customer’s property. (a) Except in the case of a customer who is
not contracting in the course of a business nor holding himself out
as doing so, customer’s property and all property supplied to the
printer by or on behalf of the customer shall while it is in the
possession of Splash Printing or in transit to or from the customer
be deemed to be at the customer’s risk unless otherwise agreed and
the customer should insure accordingly. (b) Splash Printing shall be
entitled to make a reasonable charge for the storage of any customer’s
property left with Splash Printing before receipt of the order or after
notification to the customer of the completion of the work.
12. Materials supplied by the customer. (a) Splash Printing may reject
any paper, plates or other materials supplied or specified by the
customer which appear to be unsuitable. Additional cost 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 Splash
Printing 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, Splash Printing 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
13. Property. Until the customer has made payment in full of all sums
due to Splash Printing, Splash Printing shall retain beneficial and
legal ownership of all work and materials (“the goods”) delivered to
the customer and the customer shall hold the goods as bailee for
Splash Printing. In the event the customer sells the goods to a third
party, such a sale shall be subject to the printer’s claim to ownership
of the goods and/or Splash Printing shall be entitled to recover the
proceeds of the sale or such part thereof as is required to meet the
sum due to Splash Printing.
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 it’s 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,
Splash Printing without prejudice to other remedies shall (I) 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 (ii)
in respect of all unpaid debts due from the customer have a general
lien on all goods and property in his possession (whether worked or
not) and shall be entitled upon 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 to such debts.
15. Illegal Matter. (a) Splash Printing shall not be required to print any
matter which in his opinion is, or may be of an illegal or libellous
nature or an infringement of the proprietary or other rights of any
third party. (b) Splash Printing 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
of any other propriety or personal rights contained in any material
printed for the customer. The indemnity shall extend to any
amounts paid on a lawyer’s advice in settlement of any claim.
16. Periodical publications. A contract for the printing of a periodical
publication may not be terminated by either party unless 13 weeks
notice in writing is given in the case of periodicals produced
monthly or more frequently or 26 weeks notice in writing is given in
the case of other periodicals. Notice may be given at any time, but
wherever possible should be given after completion of work on any
one issue. Nevertheless Splash Printing may terminate any such
contract forthwith should any sum due thereunder remain unpaid.
17. Force majeure. Splash Printing 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 Splash Printing elect to terminate the contract and pay for
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 by the laws of England.
Standard Conditions of Contract. splash PRINTING LTD