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01. Where an order by the client is made subject to the client's printed standard form conditions not expressly and specifically put forward as a modification of the conditions hereinafter appearing the client's response to the quotation shall operate as an order placed without such conditions and the conditions hereinafter shall apply. 12. Where the execution of the work involves the use by JMD of materials or equipment supplied by the client then:-
(i) Such items will be at the risk of the client whilst in the possession or custody of JMD or their servants or agents.
(ii) JMD will not accept responsibility for imperfect work arising from such materials or equipment proving to be defective or unsuitable for the work.
(iii) The client will supply to JMD a quantity of materials sufficient to cover spoilage.
02. The property in any goods the subject of a sale or agreement for sale by JMD shall unless otherwise agreed remain in the possession of the Company until is has received in cash the whole of the contract price. 13. The client will indemnify JMD against all claims, costs, damages and expenses, whether direct or indirect, or otherwise, howsoever arising out of the production or reproduction of any matter comprised in any document, photograph, or the adoption in whole or in part of any design or work submitted by JMD which is or Is alleged by any person or body to be illegal or defamatory, or an Infringement of any copyright, patent, trade mark, or design.
03. JMD shall be entitled at any time to recover from the client the total VAT payable on any item of goods or services provided to the client at the date of delivery of the goods or provisions of the service whether or not such tax or only part thereof has been charged on the JMD quotation or invoice. 14. Orders for the reproduction of originals are accepted on the understanding that the client is entitled to the copyright and has secured all other legal rights in such originals and that the client will indemnify JMD from all liability consequent upon such reproduction.
04. JMD does not give any warranty as to the quality, state, condition or fitness of any goods sold by it. 15. From the time of the dispatch of the goods from the premises of JMD or from the premises of its sub-contractor or agent the risk of any loss or damage to or deterioration of the goods from whatever cause arising shall be borne by the client. All other claims must be made in writing to JMD within 7 days of delivery of the goods.
05. Payment terms are strictly net monthly account i.e. payment to be received by the end of the month following invoice date. The client shall not be entitled on any ground whatsoever to withhold payment when it becomes due, and the client agrees to pay JMD interest on any balance remaining due on the date for payment at 18 per centum per annum 16. Origination artwork and positives are normally stored for a maximum of 3 months unless otherwise agreed. Screens and stereos are destroyed on completion of order and are only kept on special instructions, for which a charge will be made.
06. The contract price is based on JMD scheduled rates and hourly payments and materials prices and other charges currently ruling at the date of completion of the contract and the client will be liable to pay any additional monies resulting from any increase in such rates, prices and charges between the date of the quotation and the completion of the contract. 17. Artwork, positives or other materials sent to JMD for processing are accepted on the understanding that their value is not greater than the current retail price of equivalent new unused material. In the case of damage or loss from any cause whatsoever, JMD liability does not exceed the replacement of equivalent material.
07. (i) JMD reserves the right to charge the client for all experimental copy, sketches, artwork and positives prepared by JMD at the clients request.
(ii) All such items as are mentioned in clause 7(i) hereof will be submitted for the clients approval, and no responsibility will be accepted by JMD for any errors or other defects, whether written, printed, visual or photographic in any such items submitted to and passed by the client.
(iii) If the client gives an order to JMD which in the opinion of the company is required to be executed In a time insufficient to allow artwork or proofs to be submitted to the client for approval, then in that event JMD shall not be liable for any errors of any kind whatsoever in the work comprised In that order.
(iv) JMD will not accept responsibility for any errors in the absence of written instructions.
18. Whilst the copyright in all design work, photographic and written work shall pass to the client upon payment in full of the contract price, the ownership of all artwork, film, dies and other materials used by JMD in the production of type, plates, moulds, negatives and positives shall remain with JMD unless a charge is agreed prior to the commencement of the contract.
08. Should expedited delivery be agreed and necessitate overtime or other additional costs JMD may make an additional charge to the client. 19. Notwithstanding the provisions of Clause 20 hereof and unless otherwise agreed JMD shall be entitled to use for the purpose only of publicising Its work any material of whatever description prepared for and being in the Copyright of the client.
09. Cancellation of any order may be made by notice in writing whereupon JMD shall be entitled to charge a fair and reasonable price for all work completed or in progress at the time of cancellation. 20. Whilst every effort is made to ensure that printed colours match those of samples received no responsibility can be accepted for variations of colour between batches of ink and different screen printing conditions.
10. Where JMD incurs expense for work done or material supplied or travelling or hotel accommodation in addition to that for which provision has been made in the quotation, such expense shall be reimbursed to JMD by the client and a detailed statement of such additional expense shall be submitted to the client on completion of the work specified in the quotation. 21. Print size and dimensions can only be maintained within reasonable limits normally associated with screen printing processes.
11. JMD shall not be liable for indirect or consequential loss to the client or any other person arising from errors in carrying out work or from delay in delivery.    
  Further details: anupam@jmddax.com

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