Terms And Conditions
Terms and Conditions for Ochre Design website
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY DOING SO, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN.
All work undertaken by Ochre Design Consultants Limited (in these conditions referred to as ‘OCHRE DESIGN’) is on terms that the Contracts for such work incorporate these Conditions of Contract in addition to any Special Conditions incorporated in estimates or letters from OCHRE DESIGN. No variation in any General or Special Condition shall be incorporated in any Contract unless expressly agreed in writing by OCHRE DESIGN.
1. PRICE VARIATION
If after the date of OCHRE DESIGN’s acceptance of an order there is any increase or decrease in the price charged to OCHRE DESIGN by any printer or in the costs to OCHRE DESIGN of materials, labour, transport or other items including overheads which OCHRE DESIGN has to pay or incur in the performance of the Contract then the amount of any increase or decrease in such costs shall be added to or deducted from the price or prices stated in the acceptance or order and the Client shall pay the resultant increased or decreased price or prices.
3. PRELIMINARY WORK
All design and artwork undertaken by or on behalf of OCHRE DESIGN is chargeable (including experimental work). Copyright remains the property of OCHRE DESIGN unless specifically requested and full payment is made by the Client. Modification to a design or designs must be undertaken by or on behalf of and at the express direction of OCHRE DESIGN who will also undertake all necessary finished artwork.
A charge may be made to cover any additional cost involved where copy supplied is not clear and legible.
Proofs whether in the form of designs or artwork or printers proofs may be submitted for approval by Clients. If so submitted OCHRE DESIGN will have no responsibility for any errors in them which are not corrected by the Client. Clients’ alterations, amendments to colours and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to OCHRE DESIGN’s judgment, changes there from made by the Client shall be charged extra.
COLOUR PROOFS; If variation is required by the Client after first or second colour proofs and these are asked to be made at the time of production on the press (i.e. no further colour proofs being prepared), the onus for the acceptability of the adjustments made shall rest solely with the client. Whilst every endeavour will be made to interpret the instructions no responsibility can be accepted should the adjustments adversely affect other areas of colour or not be to the standard the Client envisaged.
(a) Delivery of work shall be accepted when tendered and the risk in respect of all goods/work shall pass to the Customer at the time of delivery.
(b) Unless otherwise specified the price quoted is for delivery of the work to the Client’s address as set out in the estimate. A charge may be made to cover any extra cost involved for delivery to a different address.
(c) Should expedited delivery be agreed extra may be charged to cover any overtime or other additional costs involved.
(d) Should work be suspended at the request of or delayed through any default of the Client for a period of thirty days OCHRE DESIGN shall then be entitled for payment for work already carried out, materials specially ordered and other additional costs including storage.
(e) OCHRE DESIGN will use its reasonable endeavours to comply with any date or dates for dispatch or delivery of goods or completion of work as stated in the Contract but unless the Contract otherwise expressly provides such date or dates shall constitute only statements of expectation and shall not be binding. If OCHRE DESIGN having used its reasonable endeavours fails to dispatch or deliver goods or complete work by such date or dates, such failure shall not constitute a breach of the Contract nor shall the Client be entitled to treat the Contract as thereby repudiated or to rescind it or any related Contract in whole or in part or claim compensation for such a failure or for any consequential loss or damage resulting there from.
(a) Payment shall be due within 21 days from when the Client is notified by OCHRE DESIGN that the goods/work has been completed.
(b) Where the Contract is to be or may be fulfiled in separate installments, deliveries or parts, payment for each such installment, delivery or part shall be made as if the same constituted a separate Contract.
(c) All money due to OCHRE DESIGN which is not paid on the due date shall carry interest from the date on which payment was due until the date of actual payment at the rate of three per centum per annum above Base Lending Rate of Lloyds TSB prevailing from time to time during such period.
(a) The property in any goods and/or work supplied shall not pass to the Client until full payment for such goods or work has been made to OCHRE DESIGN. Until such payment has been received the Client shall hold the goods and/or work solely as bailee for OCHRE DESIGN.
(b) For so long as property in any goods and/or work remains in OCHRE DESIGN they shall have the right at any time after the Contract price has become due or earlier upon any act of insolvency on the part of the Client to go onto the Client’s premises (or any other site where such goods and/or work are located) without notice to the Client or to any other person together with vehicles as necessary for the purpose of removing such goods and/or work without any liability on the part of OCHRE DESIGN to the Client save in respect of any damage to premises caused by such removal and the repossession of goods shall not alter the Client’s liability to OCHRE DESIGN in respect of any unpaid accounts save that if OCHRE DESIGN shall be able to resell such goods credit shall be given to the Client for the proceeds of such sale less a reasonable administration fee provided always that nothing herein shall place any obligation on OCHRE DESIGN to resell such goods.
(c) For in the goods and/or work remains in OCHRE DESIGN the Client shall not deface or remove any distinguishing so long as property marks, labels or stamps from such goods or work or otherwise interfere with their identification and shall store such goods and/or work separately from any other products or items in the Client’s possession or control.
(d) The Contract Price shall be due as provided to Clause 7 hereof notwithstanding that property in goods and/or work has not passed to the Client and OCHRE DESIGN may take proceedings for recovery of payment notwithstanding that property has not passed.
9. VARIATIONS IN QUANTITY
OCHRE DESIGN will take all reasonable steps to deliver the correct quantity ordered but estimates are conditional upon margins of five per cent for work in one colour only and ten per cent for other work being allowed for over or shortage (four per cent and eight per cent respectively for quantities exceeding 50,000) for the same to be charged or deducted.
Claims arising from damage, delay or partial loss of goods in transit must be made in writing to OCHRE DESIGN and by separate notice to the carrier so as to reach both within three days of delivery and claims for non-delivery so as to reach both within twenty eight days of dispatch of the goods. Any other claims must be made to OCHRE DESIGN within twenty eight days of delivery. OCHRE DESIGN shall not be liable in respect of any claim made outside these periods. Where goods are accepted from a carrier without being checked the Delivery Note of the carrier must be signed ‘Not Examined’.
11. DELAY IN TRANSIT
OCHRE DESIGN shall not be liable to any loss to the Client arising from delay in transit not caused by OCHRE DESIGN.
12. STANDING MATERIAL
(a) Metal, film, glass and other materials used by OCHRE DESIGN or their printers in the production of type, plates, moulds, stereotypes, electrotypes, film-setting, negatives, positives and the like shall remain the exclusive property of OCHRE DESIGN or the printer save where such items have been supplied by the Client, when they shall remain the Client’s property.
(b) Type may be distributed and lithographic, photogravure or other work effaced immediately after the order is executed unless written arrangements have been made to the contrary. In the latter event storage may be charged.
13. CLIENT’S PROPERTY
(a) Client’s property shall be held at the Client’s risk but OCHRE DESIGN shall take reasonable care thereof.
(b) OCHRE DESIGN shall be entitled to make a reasonable charge for storage of any Client’s property left with them more than twenty eight days before receipt of an order for more than twenty eight days after notification to the Customer of completion of the work.
14. MATERIALS SUPPLIED BY THE CLIENT
(a) OCHRE DESIGN may reject any paper, plates or other materials supplied or specified by the Client which appear to them to be unsuitable. Additional costs incurred where materials are found to be unsuitable during production may be charged save in so far as such additional cost could have been avoided but for unreasonable delay by OCHRE DESIGN or their printer in ascertaining the unsuitability of materials.
(b) Where materials are so supplied or specified OCHRE DESIGN will use their best endeavours to secure the best results but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials supplied or specified.
(c) Quantities of materials supplied must be adequate to cover normal spoilage.
15. BANKRUPTCY, INSOLVENCY ETC
If the Client ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due then OCHRE DESIGN shall
(a) have the right not to proceed further with the Contract and be entitled to payment for the value of the work already carried out (whether completed or not) and materials supplied, and
(b) in respect of all unpaid debts due from the Client have a general lien on all goods and property in their possession (whether worked on or not) and shall be entitled on the expiration of fourteen days notice to dispose of such goods or property as they think fit and to apply any proceeds towards such debts.
16. ILLEGAL MATTER
(a) OCHRE DESIGN shall not be required to print any matter which in their 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) OCHRE DESIGN shall be indemnified by the Client in respect of any claims, cost 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 Client. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
17. FORCE MAJEURE ETC
OCHRE DESIGN shall be under no liability if they shall be unable to carry out any provision of the Contract for any reason beyond their 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 Client may by written notice to OCHRE DESIGN elect to terminate the Contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
18. PRINTERS CONDITIONS
In so far as work undertaken for any Client involving engagement by OCHRE DESIGN of any printer (whether or not the engagement of the printer has been specifically disclosed by OCHRE DESIGN) the standard conditions and recognised customs of the printing trade shall be deemed to apply to that part of the Contract undertaken by any such printer and (without prejudice to the generality of the foregoing) OCHRE DESIGN shall have no liability in respect of any delays for which under such standard conditions and recognised customs the printer is not liable.
These conditions and all other express terms of the Contract shall be governed and construed in accordance with the Law of England.