Terms & conditions
Please click on the following link for a PDF copy of our T&Cs: GPL_TandCs_Feb_2016
GIPPING PRESS LTD CONDITIONS OF CONTRACT (2016)
Drawn up with the help of The British Printing Industries Federation Legal Department, in conjunction with ICSM.
The following Terms and Conditions constitute the entire agreement between the parties and supersede any previous agreements, warranties, representations, undertakings or understandings between the parties and may not be varied except in writing.
a. Gipping Press Ltd (GPL) is GPL providing the goods or services under these terms and conditions.
b. “Buyer” means the party contracting with GPL to acquire the good and services supplied under these terms and conditions.
c. “Work” means all goods (by way of intermediate or finished product) and services supplied by the GPL to the Buyer.
d. “Intermediates” means all products produced during the manufacturing process including non-exhaustively discs, film, plate, intellectual property.
e. “Preliminary Work” means all work done in the concept and preparatory stages (including non-exhaustively design, artwork, colour matching).
f. “Electronic File” means any text, illustration or other matter supplied or produced by either Party in digitised form on disc, via USB stick, via internet upload or any other electronic communication link.
g. “Periodical Publications” means publications produced at (normally regular) intervals.
h. “Insolvency” means the Buyer is in a position where it is 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.
a. Estimates are based on GPL’s current costs of production and, unless otherwise agreed in writing, are subject to amendment to meet any rise or fall in such costs that have taken place by the time of delivery.
b. Estimates are given exclusive of tax and GPL reserves the right to charge and the Buyer will pay any VAT or other tax payable.
c. All work carried out shall be charged. This includes all Preliminary Work whether or not the Buyer agrees to that work being taken forward to production.
d. Any additional work required of GPL by reason of the Buyer supplying inadequate copy, incomplete or incorrect instructions or insufficient materials; or late delivery of the same shall be charged.
e. Payment shall become due before delivery of the Work. GPL, at his absolute discretion, may ask for part or full payment in advance of starting the Work.
f. If Credit Facilities have been granted, payment is due by the end of the month following the month of Invoice. If any item(s) remain unpaid by that due date charges will apply, in accordance with s5A and/or s6 of the Late Payment Commercial Debt (Interest) Act 1998 or any subsequent enactment. In addition, all invoices will become due and payable immediately and will be treated as overdue items, with appropriate charges applied and all costs reasonably incurred in collecting the debt payable by the Buyer.
g. Unless otherwise agreed in writing, the price of the Work will be “ex-works” and delivery shall be charged extra.
h. Should the Work be suspended or delayed by the Buyer for any reason GPL shall be entitled to charge for storage and for loss of or wastage of resources that cannot otherwise be used.
i. Should the suspension or delay in 2(h) above extend beyond 30 days GPL shall be entitled to immediate payment for work already carried out, materials specially ordered and any other additional costs.
3. Credit Facilities
Credit facilities may be granted to applicants who complete GPL’s Credit Account Application Form and who satisfy GPL’s criteria as set out from time to time. Where facilities are granted GPL reserves the right to
withdraw them at any time, without having to give their reasons and, in such a case, all outstanding
invoices become due and payable immediately.
a. Delivery of the Work shall be accepted when tendered.
b. Unless otherwise agreed in writing completion and delivery times are a guide only and, whilst GPL will
make every effort to stick to proposed timescales, time is not of the essence in any contract with the Buyer.
c. Unless otherwise agreed in writing, (in which case an extra charge may be made) delivery will be to kerbside at the Buyer’s address and the Buyer will make arrangements for off-loading and for any additional transportation to its storage facility.
d. Subject to any agreement as per 4(c) above, delivery involving difficult access and/or unreasonable distance from vehicular access shall entitle GPL to make an extra charge to reflect its extra costs.
e. Should expedited delivery be agreed GPL shall be entitled to make an extra charge to cover any overtime or any other additional costs.
5. Materials supplied or specified by the Buyer
5.1 Electronic Files
a. It is the Buyer’s responsibility to maintain a copy of any original Electronic File provided by the Buyer.
b. GPL shall not be responsible for checking the accuracy of supplied input from an electronic file unless otherwise agreed in writing.
c. Without prejudice to clause 5.2(b), if an electronic file is not suitable for outputting on equipment normally
adequate for such purposes without adjustment or other corrective action GPL may make a charge for any resulting additional cost incurred or may reject the file without prejudice to his rights to payment for work done/material purchased.
5.2 Other Materials
a. Materials owned by the Buyer and supplied to GPL for the production of type, electronic files, plates and
the like shall remain the Buyer’s exclusive property. However where the content is generated by GPL, GPL may, in order to protect his intellectual property rights and at his absolute discretion, replace such material with unused material of a similar or better quality.
b. GPL may reject any materials supplied or specified by the Buyer which appear to be unsuitable for the purpose intended. 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 but for unreasonable delay by GPL in ascertaining the unsuitability of the materials then that amount shall not be charged to the Buyer.
c. Without prejudice to clause 5.2.b, where materials are so supplied or specified, and GPL so advises the Buyer, and the Buyer instructs GPL in writing to proceed anyway, GPL will use reasonable endeavours to secure the best results, but shall have no liability for the quality of the end-product(s).
d. Quantities of materials supplied shall be adequate to cover normal spoilage. Any costs incurred as a result of shortages, including re-starting jobs, duplicating masters etc will be charged in addition to the estimated price.
5.3 Risk and storage
a. Buyer’s property and all property supplied to GPL by or on behalf of the Buyer shall while it is in the possession of GPL or in transit to or from the Buyer be deemed to be at Buyer’s risk unless otherwise agreed in writing and the Buyer should insure accordingly.
b. GPL shall be entitled to make a reasonable charge for the storage of any Buyer’s property left with GPL before receipt of the order or after notification to the Buyer of completion of the work.
5.4 Finished Goods
a. The risk in the Work and all goods delivered in connection with the Work shall pass to the Buyer on delivery and the Buyer should insure accordingly.
b. On completion of the Work, GPL will store the Buyer’s materials and Work for a maximum of one month, after which time they will be destroyed without further notice.
6. Materials and equipment supplied by GPL
a. Plates, paper and materials owned by GPL and used in the production processes, together with items thereby produced, shall remain GPL’s exclusive property.
b. Electronic artwork will be archived and materials supplied for production will be held in a job bag for a limited period immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, storage shall be charged.
c. GPL shall not be obliged to download any digital data from his equipment or supply the same to the Buyer on disc, USB stick, via the internet or by any communication link.
7. Retention of Title
a. The Work remains GPL’s property until the Buyer has paid for it and discharged all other debts owing to GPL.
b. If the Buyer becomes subject to Insolvency and the Work has not been paid for in full GPL may take the goods back and, if necessary, enter the Buyer’s premises to do so, or to inspect and/or label the goods so as to identify them clearly.
c. If the Buyer shall sell the goods before they have been paid for in full he shall hold the proceeds of sale on trust for GPL in a separate account until any sum owing to GPL has been discharged from such proceeds.
d. Where the Buyer is in breach of these Terms or performs any act of Bankruptcy or Insolvency GPL reserves the right to approach the Buyer’s customer and to offer the Work directly to them, notwithstanding the fact that this will involve advising the Buyer’s customer that the Buyer is in breach or in default.
8. Proofs and variations
a. GPL shall incur no liability for any errors not corrected by the Buyer where the Buyer has been provided with proofs. The Buyer’s alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to GPL’s judgement, changes therefrom made by the Buyer shall be charged extra.
b. Where the Buyer specifically waives any requirement to examine proofs GPL is indemnified by the Buyer against any and all errors in the finished Work.
c. Colour proofs due to differences in equipment, paper, inks and other conditions between digital colour proofing and litho production runs, a reasonable variation in colour between