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.
