TERMS AND CONDITIONS
LANCER Labels CONDITIONS OF SALE
No responsibility is accepted for label designs whether designed by Lancer Labels ("The Company") or produced to customers designs. Customers must ensure that any such designs do not infringe any copyright design, or any other rights and will indemnify The Company against any costs, claims and demands resulting from any infringement of copyright, design or other rights of third parties. The Customer is at liberty to accept or reject The Company's recommendations as to materials or adhesives but if an order is placed the responsibility of the Company as to the suitability of the materials or adhesive shall thereupon be at an end and the Company will accept no responsibility of any nature for loss or damage caused by these materials or adhesives.
VARIATIONS - No variation of this Agreement shall take effect unless made in writing and signed by all parties.
COST VARIATION - Quotations are based on the current costs of production and are subject to amendment by The Company on or at any time after acceptance by the Customer to meet any rise and fall in such costs.
VALUE ADDED TAX - The Company will charge the appropriate amount of any value-added tax whether or not this is included in the Quotation or Invoice.
PRELIMINARY WORK - All work carried out by The Company whether experimental or otherwise at the Customers request will be charged whether or not it is included in any Quotation.
PROOFS - Authors corrections including alterations in style or layout and the costs of additional Proofs necessitated by such corrections will be charged in addition to any Quotation. Proofs of all work may be submitted to the Customer for approval and in that event, no responsibility will be accepted for any errors in them, which are not corrected by the Customer.
DELIVERY AND PAYMENT -
(a) The property in the goods shall remain with the Company until the whole price has been paid, irrespective of whether the goods shall have been used, or partly used. The Company shall be at liberty if, at any time the whole price has not been paid after it has become due, to cancel the contract and to recover possession of the goods. Any sum paid on account of the purchase shall be retained for The Company's use.
(b) Work shall be accepted upon delivery or attempted delivery to the Customer or upon notification to the Customer that the work has been completed. Payment shall be due within 30 days of the invoice date. The Company reserves the right to make a storage charge until the delivery is accepted by the Customer.
(c) Should expedited delivery be agreed and necessitate overtime or additional costs a charge in addition to any Quotation may be made.
(d) Should work be suspended at the request of or through any fault of the Customer for a period of 30 days The Company shall be entitled to payment for any work carried out and materials specifically ordered.
(e) The Company will only accept the return of Standard Stock items ordered in error subject to the acceptance of an administrative charge plus the cost of any carriage incurred, which will be invoiced at the cost to us.
(f) The company will charge carriage on all deliveries.
VARIATIONS IN QUANTITY - Every endeavour will be made to deliver the correct quantity ordered but Quotations are based upon allowing for margins of 10% for work in respect of either a shortage or excess of goods and such shortage or excess will be deducted from or charged on the invoice.
CLAIMS - Claims in respect of damage, delay or partial loss of goods in transit must be made in writing to The Company to reach it's Office within ten days of delivery of the goods and claims for non-delivery must be made in a similar manner within fourteen days of the Customer being notified that the goods have been despatched. Any other claims must be made in a similar manner within either ten days of either delivery of the alleged cause of the claim arising.
(a) The Company shall not be liable for indirect loss of goods or claims by a third party occasioned by delay in completing work or from any loss to the Customer arising from delays in transit. (b) The Company shall not be responsible for any loss or damage of any nature whether direct or consequential arising from any defect or error in the goods or from delay or loss in delivery.
(c) Where work is alleged to be defective for any reason including negligence or error in production The Company's liability (if any) shall be limited to rectifying such defect. We do not accept any Consequential damages
STANDING MATTER -
(a) Metal, film, glass and other materials used by The Company in the production of plates, cutting, dies, filmsetting, negatives, positives and other similar equipment shall remain the exclusive property of The Company.
(b) Lithographic, photographic and other work effaced immediately the work is executed unless written arrangements are made to the contrary and if such arrangements are made, an additional charge may be made by The Company.
MATERIALS SUPPLIED BY CUSTOMER -
(a) The Company reserves the right to reject any paper supplied or specified by the Customer which the Company considers to be unsuitable for the work ordered. The additional cost incurred if materials are found to be unsuitable during production may be charged as an addition to any Quotation.
(b) Where materials are supplied or specified under such circumstances, the responsibility for defective work will not be accepted by The Company unless this is due to its failure to use reasonable skill and care.
(c) Quantities supplied by the Customer must be adequate to cover normal spoilage.
GENERAL LIEN - Without prejudice to other remedies, The Company shall in respect of all unpaid debits due from the Customer in relation to this or any other matter, have a general lien on all goods and property in The Company's possession (whether worked on or not) and shall be entitled on the expiration of fourteen days written notice to the Customer to dispose of such goods and property as The Company thinks fit and shall apply the proceeds thereof towards such debts.
ILLEGAL MATTER -
(a) The Company shall not be required to produce any matter which in its opinion is or may be of illegal or libellous nature.
(b) The Company shall be indemnified by the Customer in respect of any costs and expenses arising out of any libellous matter produced for the Customer or any infringement of copyright, patent, design or trademark.
FORCE MAJEURE - Every effort will be made to carry out any contract but it's due performance is subject to cancellation by The Company or such variation as it may find necessary as a result of it's inability to secure labour, materials or supplies or as a result of any Act of God, War, Strike, Lockout or any other labour dispute, Fire, Flood, Drought, legislation or other cause (whether in the foregoing class or otherwise) beyond it's control.
LAW - These conditions and all other express items of the contract shall be governed and construed in accordance with the laws of England.
ACCEPTANCE - The estimate is an invitation to treat only and The Company cannot enter into a contract with the Customer until The Company accepts the Customers order. The estimate is based on these conditions and any special conditions set out or referred to in the estimate. Any order given by the Customer in relation to this estimate can only be accepted by The Company on the basis of such conditions and any written or oral acceptance of the Customers order by The Company shall be deemed to be on the basis of such conditions and not otherwise.
OVERDUE ACCOUNTS - If any account due from the Customer in relation to this or any other matter is in arrears and unpaid for thirty days from the due date for payment then without prejudice to other remedies The Company shall be entitled to make a charge of The Bank of England base rate +3% on the total of the unpaid invoices