Terms & conditions

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All rights reserved.

Where appropriate, for 'designer' read 'Indesign Consultants'

1. Price variation Estimates are based on the designer'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 accordingly.

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, the designer 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'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.

5. Proofs Proofs of all work may be submitted for customer's approval and the designer 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 the designer's judgement, changes

there from 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 or for ongoing repeated

proofs or business. (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 days the designer shall then be entitled to payment for work already carried out, materials

specially ordered and other additional costs including storage.

7. Variations in quantity print runs Every endeavour will be made to deliver the correct quantity ordered on large

print runs, but estimates are conditional upon margins of 5 per cent for work in one colour only and 10 per cent for

other work being allowed for overs or shortage 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 the

designer and the carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of despatch

of the goods) and any claim in respect thereof must be made in writing to the designer 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 the designer within 28 days of delivery. The designer 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 The designer shall not be liable for any loss to the customer arising from delay in transit not caused by

the designer.

10. 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 designer by or on behalf of

the customer shall while it is in the possession of the designer or in transit to or from the customer be deemed to be

at customer's risk unless otherwise agreed and the customer should insure (b) The designer shall be entitled to make

a reasonable charge for the storage of any customer's property left with the designer before receipt of the order or

after notification to the customer of completion of the work.

11. Standing material (a) film, transparencies, photographs, CD’s, artwork, design layouts, plates, moulds,

negatives, positives and other materials used, the design shall remain exclusively the property of the designer. Such

items when supplied by the customer shall remain the customer's 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.

12. Materials supplied by the customer (a) The designer may reject any paper, plates or other materials

supplied or specified by the customer, which appear to him 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 the designer 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, the designer

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.

13. 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 issued

against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, the

designer 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 on or not! and shall be entitled on 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 towards such debts.

14. Illegal matter (a) The designer 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) The designer 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 proprietary 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.

15. 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 the designer may terminate any

such contract forthwith should any sum due thereunder remain unpaid. 

16. Force majeure The designer 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 the designer elect to terminate

the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when

available.

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

accordance with the laws of England.