Terms and Conditions of Contract (2004)
Issued by Burnham Media Services Ltd.
In these conditions, 'electronic file' means any text, illustration
or other material supplied to the printer in digitised form on disk,
through a modem, or by ISDN or any other communication link.
1. Price variation. Estimates are based on the printer's current
costs of production and, unless otherwise agreed, are subject to
amendment on or any time after acceptance to meet any rise or fall
in such costs.
2. Tax. The printer reserves the right to charge the amount of any
value added tax payable whether or not included on the estimate
3. Preliminary work. All work carried out, whether experimentally
or otherwise, at customers request shall be charged.
4. Copy. A charge may be made to cover any additional work involved
where copy supplied is not clear and legible.
5. Electronic files (a) It is the customer's responsibility to maintain
a copy of any original electronic file.
(b) The printer shall not be responsible for checking the accuracy
of supplied input from an electronic file unless otherwise agreed.
(c) Without prejudice to clause 15, if an electronic file is not
suitable for outputting on equipment normally adequate for such
purposes without adjustment or other corrective action the printer
may make a charge for any resulting additional cost incurred.
6. 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
there from made by the customer shall be charged extra.
7. Colour proofs. Due to differences in equipment, paper, inks and
other conditions between colour proofing and production runs, a
reasonable variation in colour between colour proofs and the completed
job will be deemed acceptable unless otherwise agreed.
8. 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.
9. Delivery and payment. (a) Delivery or work shall be accepted
when tendered and thereupon, or if earlier on notification that
the work has been completed, payment shall become due.
(b) Unless otherwise specified the price 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
(c) Should expedited delivery be agreed an extra charge may be charged
to cover any overtime or any other additional costs involved.
(d) Should work be suspended at the request of or delayed through
any default of the customer for a period of 30 calendar days the
printer shall then be entitled to payment for work already carried
out, materials specially ordered and other additional costs including
10. Ownership and risk (a) The risk in all goods delivered in connection
with the work shall pass to the customer on delivery.
(b) Goods supplied by the printer remain the printer's property
until the customer has paid for them and discharged all other debts
owing to the printer.
(c) If the customer becomes insolvent (as set out in clause 16)
and the goods have not been paid for in full the printer may take
the goods back and, if necessary, enter the customer's premises
to do so, or to inspect the goods.
(d) If the customer shall sell the goods before they have been paid
for in full he shall hold the proceeds of sale on trust for the
printer in a separate account until any sum owing to the printer
has been discharged from such proceeds.
11. Claims. Advice of damage, delay or loss of goods in transit
or of non-delivery must be given in writing to the printer and the
carrier within three clear days of delivery (or, in the case of
non-delivery, within 28 days of notification of dispatch of the
goods) and any claim in respect thereof must be made in writing
to the printer and the carrier within seven clear days of delivery
(or, in the case of non-delivery, within 42 days of notification
of dispatch). All other claims must be made in writing to the printer
within 28 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
12. Liability. (a) The printer 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 in transit,
whether as a result of the printer's negligence or otherwise.
(b) Insofar as is permitted by law where work is defective for any
reason, including negligence, the printer's liability (if any) shall
be limited to rectifying such defect. Where the printer performs
its obligations to rectify defective work under this condition the
customer shall not be entitled to any further claim in respect of
the work done nor shall the customer be entitled to treat delivery
thereof as a ground for repudiating the contract, failing to pay
for the work or cancelling further deliveries.
(c) Nothing in these conditions shall exclude the printer's liability
for death or personal injury as a result of its negligence.
13. Standing material (a) Metal, film and other materials owned
by the printer and used by him in the production of type, plates,
film-setting, negatives, positives and the like shall remain his
exclusive property. Such items when supplied by the customer shall
remain the customer's property.
(b) Type may be distributed and lithographic or photogravure film
and plates, tapes, disks 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) The printer shall not be required to download any digital data
from his equipment or supply the same to the customer on disk, tape
or by any communication link unless written arrangements are made
to the contrary.
14. Customer's property (a) 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 customer's 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.
15. Materials supplied by the customer (a) The printer may reject
any film, disks, 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 by 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 defects in or unsuitability
of materials so supplied or specified.
(c) Quantities of materials supplied shall be adequate to cover
16. Insolvency. Without prejudice to other remedies, if the customer
becomes insolvent (namely, being a company is deemed to be unable
to pay its debts or has a winding up petition issued against it
or has a receiver, administrator or administrative receiver appointed
to it or being a person commits an act of bankruptcy or has a bankruptcy
petition issued against him) the printer shall 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. Any unpaid invoices shall
become immediately due for payment.
17. General Lien. Without prejudice to other remedies, in respect
of all unpaid debts due from the customer the printer shall 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 as agent for the
customer in such manner and at such price as he thinks fit and to
apply the proceeds towards such debts, and shall when accounting
to the customer for any balance remaining be discharged from all
liability in respect of such goods or property.
18. Illegal matter (a) The printer shall not be required to print
any matter, which in his 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) 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, and design or of any other
proprietary or personal rights contained in any material printed
for the customer. The indemnity shall include (without limitation)
any amounts paid on a lawyer's advice in settlement of any claim
that any matter is libellous or such an infringement.
Warranties and indemnities. The author hereby warrants to the printer
and their assignee's, licensees printers and distributors that he/she
has full power to make this Agreement, that he/she is the sole Author
of the Work and is the owner of the rights herein granted, that
the Work is original to him/her, and that it has not previously
been published in any form in the territories covered by this Agreement
and is in no way whatever a violation or infringement of any existing
copyright or license, or duty of confidentiality, or duty to respect
privacy, or any other right of any person or party whatsoever, that
it contains nothing libellous, that all statements contained therein
purporting to be facts are true and that any receipt, formula or
instruction contained therein will not, if followed accurately,
cause any injury, illness or damage to the user.
The Author further warrants that the Work contains no obscene or
improper or blasphemous material nor is in breach of Official Secrets
Acts nor is in any other way unlawful.
The Author shall indemnify and keep the printer indemnified against
all actions, suits, proceedings, claims, demands and costs (including
any legal costs or expenses properly incurred and any compensation
costs and disbursements paid by the printer on the advice of their
legal advisers to compromise or settle any claim) occasioned to
the printer in consequence of any breach of this warranty, or arising
out of any claim alleging that the Work constitutes in any way a
breach of this warranty.
The printer reserves the right having first notified the Author
to alter, or to insist that the Author alter, the text of the Work
as may appear to them appropriate for the purpose of modifying or
removing any passage which in their absolute discretion or on the
advice of their legal advisers may be considered objectionable or
actionable at law, but any such alteration or removal shall be without
prejudice to and shall not affect the Author's liability under this
warranty and indemnity.
All warranties and indemnities herein contained shall survive the
termination of this Agreement.
Textual Copyright Material. Should the text of the Work contain
extracts from other copyright works, the Author shall at his/her
own expense (unless otherwise agreed) obtain from the owners of
the respective copyrights written permission (which shall be forwarded
to the Printer on delivery of the material) to reproduce such extracts
in the Work in all territories and editions and in all forms which
are the subject of this Agreement.
Illustrations. The Author shall, on delivery of the Work, supply
to the Printer any photographs, pictures, maps, diagrams and other
In respect of any copyright illustrative materials the Author shall
obtain from the owners of the respective copyrights written permission
(which shall be forwarded to the Printer on delivery of the material)
to reproduce such materials in the Work and in all territories and
editions and in all forms which are the subject of this Agreement.
All illustrations supplied by the Author shall be in a form acceptable
to the Printer, but the Printer shall have the right to reject such
material or to require of the Author such substitutions or amendments
as may in the reasonable view of the Printer be required on the
grounds of poor quality, excessive cost or otherwise.
The cost of supplying illustrative material, including copyright
fees, shall be borne by the Author.
19. Periodical publications. A contract for the printing of a periodical
publication may not be terminated by either party unless 13 weeks
notice in writing is given in the case of periodicals produced monthly
or more frequently or 26 weeks notice in writing is given in the
case of other periodicals. Notice may be given at any time but wherever
possible should be given after completion of work on any one issue.
Nevertheless the printer may terminate any such contract forthwith
should any sum due there under remain unpaid.
20. Force majeure. The printer shall be under no liability if he
shall be unable to carry out any provisions of the contract for
any reason beyond his reasonable control including (without limiting
the foregoing): Act of God; legislation; war; fire; flood; drought;
inadequacy or unsuitability of any instructions, electronic file
or other data or materials supplied by the customer; failure of
power supply; lock-out, strike or other action taken by employees
in contemplation or 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.
21. Fast Print may refuse to print/reprint any title that it considers
to be offensive, pornographic or racist or may give rise to a valid
claim of criminal and/or civil liability against it and/or will
materially harm its reputation. If it believes this to be the case
the manuscript and all fees will be reimbursed.
22. Law. These conditions and all other express and implied terms
of the contract shall be governed and construed in accordance with
the laws of England.