CCL Label (Ashford) Ltd Terms & Conditions

20 Apr 2005

CCL Label (Ashford) Ltd is pleased to provide its customers with its standard terms and conditions of sale.  We trust that you will find these acceptable and look forward to working with you in the very near future.

TERMS AND CONDITIONS OF SALE

1. Contracts
All contracts made by the Seller shall be deemed to incorporate these terms and conditions; no variation or addition to them shall form part of any contract unless specifically agreed by the Seller in writing and they shall override and take the place of any other terms and conditions in any other document or other communication used by the Buyer in concluding the contract with the Seller.

2. Price
All quotations and tenders are given by the Seller on condition that the Seller shall not bound until he has communicated his written acceptance of the Buyer’s order.

Unless other wise stated in writing by the Seller prices do not include delivery and are strictly Ex Works.

A charge may be made to cover any additional work involved where copy supplied is not clear and legible, or where artwork or film is supplied in an unfinished state. A charge will be made to cover the costs of tooling if necessary and of platemaking.

3. Cost variation
Quotations are based on current costs of production and are subject to amendment by the Seller on or at any time after acceptance to meet any rise or fall in costs.

The giving of a quotation is no guarantee of the availability of the materials on which the execution of the work depends.

4. Terms of payment
Unless agreed in writing goods invoiced up to and including the last day of a calendar month shall be paid for not later than the last business day of the following month.

5. Buyer’s property
Artwork and film supplied by the Buyer remain the Buyer’s property. Film, artwork and plates made by the Seller remain the Seller’s property.

6. Proofs
Proofs of all work may be submitted for the Buyer’s approval, and no responsibility will be accepted for any errors in proofs passed by him. Author’s corrections on and after first proof, including alterations in style, and any additional proofing necessitated, will be charged for, ad valorem. When style, type or layout is left to the Seller’s judgement, changes thereon made by the Buyer shall be charged extra.

7. Experimental work
Experimental work performed on orders, such as sketches, drawings, composition plates, press work, and materials, whether or not similar to those herein specifically enumerated shall be charged for at current rates.

8. Samples, designs, sketches and dummies
Sketches and dummies furnished by the Seller shall remain the Seller’s property and no use of same shall be made nor any idea obtained therefrom be used, unless otherwise expressly agreed upon in writing by the Seller. Covered also by copyright statement.

9. Imprinting of information
These products may be subject to various intellectual property rights which cover their construction and manufacture. The Seller shall have the right to imprint his trademark, patent(s), quality control codes or any other information in suitable places on any goods furnished.

10.  Partial charges
Charges for dies and tooling, if any, are only partial and do not give the Buyer the right to remove them from the Seller’s premises.

11.  Delivery
In the absence of any agreement with regard to rent for storage, goods will be delivered when completed.

Should work be suspended or delayed by request or through default of the Buyer for a period of 30 days, the printer shall be entitled to payment for work carried out and material specially ordered, and other additional costs including storage.

Liability is not accepted for damage of loss of goods in transit either by post, carrier or rail.

Any time or date for delivery named by the Seller is an estimate only and the Seller shall not accept liability for any loss or damage or any consequential loss arising directly or indirectly from delay in delivery however caused.

12.  Claims
Claims arising from damage, delay, or partial loss of goods in transit must be made in writing to the Seller and the carrier so as to reach them within 3 days of delivery; any claims for non-delivery within 28 days of despatch of the goods. All other claims must be made to the Seller within 10 days of delivery.

13.  Liability
The Seller shall not be liable for indirect or consequential loss or for any loss to the Buyer arising from third party claims occasioned by errors in carrying out the work or by delay in delivery.

The liability of the Seller shall be limited to the replacement of the goods and redelivery (free of charge) to the Buyer. In any case the Seller’s liability in respect of any defective item of goods supplied hereunder shall be limited in the aggregate to the value thereof (such value to be deemed to be the sale price of the item form the Seller to the Buyer).

14.  Illegal matter
The Seller shall not be required to print any matter which in his opinion is or may be of an illegal, seditious or undesirable nature or is liable to be interpreted as an infringement of copyright, patent or design, and the acceptance of the estimate shall be deemed to imply a warranty by the Buyer that the matter does not contravene this condition. Should any such matter be printed, the Buyer shall indemnify the Seller against all costs, damages and expenses, which may thereby be incurred or sustained.

15.  Variation In quantity
Every endeavour will be made to deliver the correct quantity ordered, but owing to the difficulty of producing exact quantities, quotations are conditional upon a margin. 0% unders and 10% overs up to order quantities of 50,000 and 5% overs on order quantities over 50,001 unless agreed in writing.

16.  Force majeure
Every effort will be made to carry out the contract, but its due performance is subject to cancellation by the Seller or to such variation as he may find necessary owing to an Act of God, war, strike, lock-out or other labour dispute, accident, fire, flood, drought, failure of gas or electricity supply, legislation, or any other cause beyond the Seller’s control, or owing to inability to produce materials, supplies or labour except at enhanced prices.

17.  Law
These conditions and all other express terms of the contract shall be governed and construed in accordance with the Laws of England.