Terms and Conditions

 

1.      Preliminary Work.  All work undertaken at the customer's request, whether experimentally or otherwise will be charged at current rates.

2.      Quotations. The Mullet Press will not be bound by any price quoted on the telephone. A firm quotation in writing will be given only after The Mullet Press have received and examined the necessary samples.

3.      Price Variations. Prices quoted in writing are based on current costs of production and, unless otherwise agreed in writing, are subject to amendment at any time after authority is given to print, to meet any rise or fall in such costs.

4.      Proofs and Errors. Providing a proof is not a tender but part of an order placed on the client's direction; it is therefore chargeable if the customer decides not to proceed to the printing stage. An extra charge will be made for major corrections, amendments, alterations in style or content and for corrected proofs. On request Proofs are available for customers' approval. It is the responsibility of the customer to examine and approve such proofs. No responsibility or liability will be accepted by The Mullet Press for:- (i) any errors after the proofs have been approved by the customer or (ii) for any material for which the customer has given instructions which allow for artists' license. Any orders taken by telephone will be accepted only at the customer's own risk.

5.      Payment. The Mullet Press shall be entitled to invoice the customer for  50% of the price in advance of the order, the remainder of which becomes due on completion of the order,  whether or not the goods have been collected or delivered to the customer.  Payment shall become due upon notification to the customer that the order has been completed, except in the case of approved Credit Accounts when payment shall become due 30 days from date of the invoice. Time shall be of the essence of the Contract in respect of the time of payment.  An extra charge may be made where The Mullet Press agrees with the customer to deliver the goods or expedite the order.  In the event of the processing of the customer's order being suspended or delayed as a result of any act or omission on the part of the customer for a period of 30 days, The Mullet Press shall be entitled to payment for that part of the work relating to the customer's order which has been processed.

If the customer fails to make any payment on the due dates then, without prejudice to any other right or remedy available to The Mullet Press, The Mullet Press shall be entitled:-to cancel the contract or suspend any further deliveries to the customer; to appropriate any payment made by the customer as The Mullet Press may think fit (notwithstanding any purported appropriation by the customer); and to charge the customer with all costs and expenses involved in collecting the overdue payment together with interest (both before and after any judgement) on the amount unpaid at the rate of 6% per annum above National Westminster Bank plc base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

6.      Quantities. Whilst every endeavour will be made to provide the correct quantity ordered, all orders are accepted on the condition that certain margins are allowed for "overs and unders". These are 5% for work in one colour, 10% for any other work and the sale price will be adjusted accordingly).

7.      Liability. The Mullet Press shall not be liable for any indirect or consequential loss or for any loss to the customer arising from third party claims occasioned by any error, failure or delay in completing the order or by delay in delivery. Time shall not be of the essence unless otherwise agreed in writing. Where work is defective for any reason, The Mullet Press's liability (if any) shall be limited to rectifying such defects insofar as The Mullet Press is reasonably able to do so.

8.      Customer's Artwork. Customer's artwork and any other property supplied to The Mullet Press by or on behalf of a customer will be held and worked upon at the customer's risk.

9.      Customer's own materials. The Mullet Press reserve the right to reject any paper, plates or other materials supplied or specified by the customer which in The Mullet Press' sole discretion it considers to be unsuitable. The Mullet Press reserve the right to make additional charges for any additional costs incurred if such materials are found to be unsuitable during production.

10.     Indemnity. (a) The customer shall ensure that he has full authority to reproduce any material in which copyright subsists and The Mullet Press reserves the right to refuse to undertake any work that infringes, or appears to infringe, the copyright of a third party. (b) The customer shall fully indemnify The Mullet Press against any action, claim, demand, costs, charges and expenses arising from libel, or incurred by reason of any infringement or alleged infringement of any copyright letters patent, registered design trade mark, trade name or any other intellectual property rights protected in the United Kingdom or any laws for the time in force in the United Kingdom by the publication or use or sale of the goods and against all costs and damages which The Mullet Press may incur in any action for such infringement for which The Mullet Press may become liable.(c) In the event of any claim being made or action brought against the customer arising out of the matters referred to in this clause, The Mullet Press shall be promptly notified thereof.(d) The customer warrants that any design material or instructions furnished or given by him are not libellous or such as will cause The Mullet Press to infringe any copyright letters patent, registered designs, trade marks or trade name, or any other intellectual property rights or any legislation for the time being in force in the United Kingdom in the performance of the contract.

11.     Storage. If for any reason the customer is unable to accept delivery of the goods at the time when the goods are ready The Mullet Press shall be under no obligation to store the same. The Mullet Press may however, at its discretion and if its storage facilities permit, store the goods but at the customer's risk and the customer shall be liable to The Mullet Press for the reasonable cost (including insurance) of it so doing.

12.     Risk. Ownership of the goods the subject of this contract shall not pass to the buyer until they are fully paid for, but the risk in the goods shall be borne by the buyer from the date of the delivery to the customer or where stored in accordance with clause 11 above.

13.     Force Majeure. The Mullet Press will make every effort to carry out the customer's instruction and the resulting contract but shall be under no liability if unable to carry out any provision of the contract for any reason beyond The Mullet Press's control (without limiting the foregoing) including liability to secure labour, materials or supplies, breakdown of machinery, or as a result of any Act of God, war, labour dispute, fire, flood, drought, legislation, failure of power supply or any cause beyond The Mullet Press's control.  During the continuance of such contingency the customer may by notice in writing to The Mullet Press elect to terminate the contract and pay for work done up to such notice and for materials used, but subject thereto shall otherwise accept delivery when available.

14.     Jurisdiction. These conditions and all other terms of the contract shall be governed and construed in accordance with the laws of the country where The Mullet Press has its principal place of business.