- Cancellation Due to the bespoke nature of printed work, John Brailsford Print (Yorkshire) Ltd is unable to cancel a job or refund monies paid during production. All sales are final. We will however be happy to cancel any job at any stage and issue an invoice for the work done to that point. See section 7(f) for cancellation charges.
- Price Variation Estimates are based on the printer’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.
- VAT Prices quoted usually do not have Value Added Tax (VAT) automatically included, but this will be charged where applicable. Examples (at current publication time) of zero rated items are books, booklets, leaflets with a finished or folded size not greater than A4 (297mm x 210mm) supplied in quantities of not less than 50 copies. In the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, the printer reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
- Preliminary Work All work carried out, whether experimentally or otherwise, at the customer’s request shall be charged.
- Copy A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
- 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 the printer’s judgment, changes thereafter made by the customer shall be charged extra.
- Delivery & Payment (a) Delivery can be arranged to anywhere in the world but the basis of our web ordering facility is for UK mainland. Should you require a delivery price for another location then please contact us at firstname.lastname@example.org Where felt necessary a delivery acknowledgement will usually be sent to the customer on the day of despatch. (b) Delivery times will be confirmed on your order acknowledgement but John Brailsford Print (Yorkshire) Ltd can usually ensure delivery within 5 working days but dependent on the type of work this can be as little as 1 day and as much as 15 days. (c) 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. (d) 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. (e) Should expedited delivery be agreed an extra cost may be charged to cover any overtime or any additional costs involved. (f) Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days the printer shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage. (g) Until such time as the property and the goods passes to the buyer (and provided the goods are still in existence and have not been resold) the seller should be entitled to at any time to require the buyer to deliver the goods to the seller and, if the buyer fails to do so forthwith, to enter upon any premises of the buyer or any third party where the goods are stored and re-possess the goods. (h) Cash, cheque or electronic payments must always be paid prior to delivery except in the case of other approved payment. If any account, approved or otherwise remains unpaid after 60 days, a levy of 5% of the net invoice charge, per month will be made by way of a further invoice each month the account remains unpaid. (i) All credit card payments made over the internet will be via encrypted pages.
- Claims Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the printer and the carrier within 3 days of delivery (or, in the case of non-delivery, within 14 days of despatch of the goods) and any claim in respect thereof must be made in writing to the printer and the carder within 7 days of delivery (or, in the case of non-delivery, within 14 days of despatch). All other claims must be made in writing to the printer within 14 days of delivery. The printer 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.
- Liability (a) We shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to the customer arising from delay. (b) Where work is defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect providing notification of the defect is received in writing within 7 days of delivery.
- Standing Material (a) Metal, film, glass and other materials owned by the printer and used by him in the production of type, plates, moulds, stereotypes, electrotypes, film-setting, negatives, positives and the like shall remain his exclusive property. 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. (c) John Brailsford Print (Yorkshire) Ltd accepts that any material produced for the customer for a particular job shall be deemed the customer’s property assuming that it has been paid for in full. To compensate John Brailsford Print (Yorkshire) Ltd however, for digital file storage, should the customer need their files at any period after the completion of the job that they were produced for, they will be prepared at the customer’s request and a small storage charge/media charge and handling fee will be charged.
- 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 the printer or in transit to or from the customer be deemed to be at customers risk unless otherwise agreed and the customer should insure accordingly. (b) The printer shall be entitled to make a reasonable charge for the storage of any customer’s property left with the printer before receipt of the order or after notification to the customer of completion of the work.
- Materials supplied by the customer (a) The printer 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 printer 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 printer will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by such defects in or unsuitability of materials so supplied or specified. (c) Quantities of materials supplied shall be adequate to cover normal spoilage.
- Customer Satisfaction In the event of any complaint relating to the finished product, the customer must inform the offices of John Brailsford Print (Yorkshire) Ltd within seven days from the date of delivery/collection of the goods. Should such complaint be substantiated as contrary to these (Standard and Additional Terms and Conditions for Internet Customers) then a credit note for unpaid invoices, a cheque for paid cheques or a credit card credit will be issued when the goods are received back at John Brailsford Print (Yorkshire) Ltd premises. Such returns to John Brailsford Print (Yorkshire) Ltd will be transported at John Brailsford Print (Yorkshire) Ltd expense. Colour: Spot colour – for small runs we will mix any spot colour but cannot guarantee to match it or the repetition of it on a further order. For a specific spot colour we are happy to stock your Pantone colour(s) for a once only charge – please contact us for further details. Process colour – Due to the variation in origination and production processes an exact colour match from process colour CMYK or RGB colour file orders cannot be guaranteed and different processes of litho and digital when used at the same time will offer some variation in the finished colour. Trimming – every effort is made to ensure that jobs are trimmed to crop marks and accuracy is guaranteed to the manufacturer’s tolerance of the guillotine used. It is best to allow +/- 2.0mm. Variations in quantity – every endeavour will be made to deliver the correct quantity ordered, 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 (4 per cent and 8 per cent respectively for quantities exceeding 50,000) the same to be charged or deducted.
- 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 printer 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.
- Legal Matter (a) The printer shall not be required to print any matter which in his opinion is or maybe of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party. It is the customer’s responsibility to obtain copyright permission where necessary and it will be assumed by John Brailsford Print (Yorkshire) Ltd that such permission has been obtained for any artwork, files or other digital material handed to them. (b) The printer 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.
- Data Protection Basic customer information as well as files produced for a particular job will be stored for accounting purposes. John Brailsford Print (Yorkshire) Ltd would be happy to remove these details at any time after full payment has been confirmed as received by John Brailsford Print (Yorkshire) Ltd . Please e-mail email@example.com with your request.
- Force Majeure The printer 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 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 by written notice to the printer elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
- Law These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England. Any dispute arising from the contract shall be dealt with within the court of Rotherham.
- Machine-readable codes (a) In the case of machine-readable codes or symbols the printer shall print the same as specified or approved by the customer in accordance with generally accepted standards and procedures. (b) The customer shall be responsible for satisfying himself that the code or symbol will read correctly on the equipment likely to be used by those for whom the code or symbol is intended. (c) The customer shall indemnify the printer against any claim by any party resulting from the code or symbol not reading or not reading correctly for any reason, except to the extent that such claim arises from any failure of the printer to comply with paragraph (a) above which is not attributable to error falling within the tolerances generally accepted in the trade in relation to printing of this sort.
- Title The delivered/collected goods shall remain the property of John Brailsford Print (Yorkshire) Ltd until paid for in full regardless of whose possession they are in and in the case of the customer’s failure to collect, the invoiced amount shall be liable from the date of invoice.
- Additional Terms & Conditions for Internet Customers Our website ordering facility must be considered as merely inviting the buyer to make a legal offer of purchase (an invitation to treat) which John Brailsford Print (Yorkshire) Ltd may or may not choose to accept. This is due to the possibility of errors and omissions on the part of John Brailsford Print (Yorkshire) Ltd and/or the possibility of web site intrusion. The contract for the sale of goods can only be considered by the customer as formed when John Brailsford Print (Yorkshire) Ltd send a non-automated notification (like an e-mailed job proof for instance) that such order has been accepted. However, John Brailsford Print (Yorkshire) Ltd accepts no liability whatsoever should the customer not receive this acknowledgement. It is suggested that should the customer not have received the acknowledgement within 24 hours from ordering the goods then such reminder be sent to firstname.lastname@example.org or contact customer services on 01709 523980.
This website and all its contents © John Brailsford Print (Yorkshire) Ltd July 2022
Registered in England Company No: 2791410
Directors: J Brailsford & F Brailsford