Terms and Conditions
terms + conditions
In these conditions “work” means the goods and services (including any
instalment of the goods or services or any parts for them) which
Glasgow Print + Design Centre, GPDC, is to supply in accordance with
2. Sole Contract Terms: All
quotations are made and all orders for goods and services issued by the
GPDC are accepted subject to the following conditions that shall form
and govern the contract of sale between the parties. These conditions
constitute the entire agreement between the parties and shall prevail
notwithstanding any unilateral variation of the Terms and Conditions by
the customer. Any variation to these conditions in any document of the
customer is unacceptable unless accepted in writing by GPDC and signed
by an authorised Director on behalf of GPDC .
3. Price and Order Variation:
i) Quotations are based on information supplied by the Customer and on
GPDC current costs for production. The period of validity of each
quotation shall be 30 days from the date of issue. GPDC reserves the
right, unless otherwise agreed in writing, to amend quotations on or at
any time after acceptance if the Customer changes specification or
supplies additional information or to meet any rise or fall in GPDC
ii) All prices quoted are ex works unless otherwise agreed in writing.
iii) All prices quoted are net of Value added Tax which will be charged
where applicable along with any other taxes, duties or royalties
payable against the work to be completed, whether or not included in
the estimate or invoice.
4. Preliminary Work:
All work carried out, whether experimentally or otherwise, at the
Customer's request shall be charged and shall be paid for by the
Customer on demand or in advance if so required by GPDC who will notify
the Customer in advance of such charges being incurred. A charge shall
be made to cover any additional work involved where copy supplied is
not clear and legible or in a format that GPDC is able to take onward
for production or that does not meet the criteria for submission
specified by GPDC . All proofs for work to be completed must be signed
for by the Customer. All completed work must be signed for by the
Customer. No liability shall be incurred by GPDC for any errors not
corrected by the Customer on proofs submitted by GPDC for the
Customer's approval. The Customer must approve the proofs before the
work is completed. Customer's alterations and additional proofs
necessitated thereby shall be charged extra. When style, type or layout
is at GPDC discretion, alterations made by the Customer shall be
5. Refusal to accept Work: (i)
GPDC may at any time notwithstanding prior acceptance of any order for
Work, refuse to undertake or complete all or any part of such Work, and
shall be under no liability whatsoever to the customer in respect of
such refusal, but the Customer shall be liable in respect of any
partially completed Work to pay GPDC on a pro rata basis.
(ii) No items shall be delivered to nor accepted by GPDC other than the
materials relating to the Work including but not limited to documents,
disks, binders, papers, files, and packaging.
(iii) Orders for Work placed on and accepted by GPDC or documents
delivered to GPDC relating to Work may not be withdrawn by the Customer
save with the prior consent of GPDC;
(iv) The Company’s employees or agents are not authorised to make any
representations concerning the Work undertaken unless confirmed by the
Company in writing.
6. Copyright Trademark Protection:
The customer shall be responsible for obtaining all necessary authority
to reproduce pictures, artwork, photographs etc. The Customer
indemnifies, undertakes and warrants that all Work delivered to GPDC
shall not infringe any copyright, trademark, registered design or other
proprietorial right of any third party and shall not constitute libel
or otherwise render GPDC open to legal action whatsoever and the
Customer shall indemnify GPDC its servants and agents from and against
all liabilities and claims which GPDC may incur as a result of
undertaking Work and/or compliance with the instructions or requests of
7. Deposit, Delivery and Payment:
(a) A non-refundable deposit of 50% shall be made on confirmation of order and shall be in part payment of the Price.
(b) Delivery of work shall be accepted when tendered and thereupon or,
earlier, on notification that the work has been completed the ownership
shall pass and payment shall become due.
(c) On certain classes of work, in particular work overseas, GPDC
reserves the right to insist upon payment being received prior to
commencement of work.
(d) The responsibility and cost for collection/ delivery of goods lies
with the Customer. Any carriage arranged by GPDC is on the Customer's
behalf and GPDC is not liable for any delays arising out of that
(e) Should expedited delivery be agreed extra charges may be made to
cover any overtime or any other additional costs involved but the
Customer will be advised of such charges before they are incurred.
(f) Should work be suspended at the request of, or be delayed through
any default of, the Customer for a period extending beyond 30 days the
GPDC shall be entitled to payment for work already carried out,
materials specially ordered and any other additional costs involved
(g) Where the Work is to be delivered in instalments, each delivery
shall constitute a separate contract and failure by the Company to
deliver any one or more of the instalments shall not entitle the
Customer to treat the Contract as a whole as repudiated.
(h) The Company’s liability for failure to deliver the Work for any
reason other than any cause beyond the Company’s reasonable control or
the Customer’s fault, shall be limited in any event to a sum not
shall at its discretion be entitled to charge interest at a rate up to
6% above Bank of England base lending rate from time to time per annum
on any account which remains unpaid after 30 days from the date of the
invoice. GPDC shall be entitled to recover from the Customer all costs
and disbursments incurred by GPDC in employing a solicitor, debt
collector or other third party to enforce or collect payment of any
over due account.
9. Completion Dates: No
completion dates are guaranteed, time not being of the essence. In the
event of a Customer paying an additional charge for an expedited
completion date, and through no fault of the customer such date is not
met GPDC liability shall only extend to the refund of the additional
charge for the expedited service.
10. Variations in Quantity:
Every endeavour will be made to deliver the correct quantity ordered,
but estimates are conditional upon margins of 5 percent for work in one
colour only and 10 percent for other work where other work has an
excess or shortage (4 percent and 8 percent respectively for quantities
exceeding 50,000) the excess work or shortage of work is to be charged
or deducted respectively.
11. Claims: Any
claims to GPDC must be in writing within 7 days of delivery date or
(where the defect or failure was not apparent on reasonable inspection)
within a reasonable time after discovery of the defect or failure. Any
query regarding non delivery must be made within 14 days of the invoice
date. In so far as permitted at law, claims outside this limit will not
12. Liability: All
representations, guarantees, undertakings, conditions and warranties
(whether expressed or implied, statutory or otherwise) are excluded
from this contract. Except in respect of death or personal injury
caused by the Company’s negligence GPDC shall not be under any
liability for negligence or otherwise howsoever caused in respect of
any advice given to the Customer. Without prejudice to the foregoing,
GPDC liability in respect of defective or faulty work shall be limited
to rectifying the defect or fault or replacing the work or crediting
the invoice price of the goods at its option. GPDC shall in no
circumstances be liable for any loss or damage in excess of the invoice
price of any work or any part thereof in respect to which a claim is
13. Suitability of Goods: Where the
goods consist of container, wrappers or other articles intended for use
in connection with any food, drug or other substance, the Customer
shall satisfy himself that such food, articles or other substances is
not likely to be adversely affected by any material used by GPDC in the
manufacture or printing of such containers, wrappers or other articles.
GPDC shall not be liable to the Customer or any third party in respect
of any claims alleging that such food, drug or substance has been
adversely affected. The suitability of GPDC products for use in the
packaging of any particular commodity must be at the Customer's risk
unless expressly stated in writing or implied that the goods supplied
will be suitable for any particular purpose for use under specific
conditions notwithstanding that any purpose or conditions intended by
the Customer may be known or be made known to GPDC .
14. Standing Materials:
(a) Metal, film, glass, digital media and other materials owned by GPDC
and used by the Company in the production of type, plates, moulds,
stereotypes, film setting, negatives, positives, computer images and
the like shall remain the Company’s exclusive property. Such items when
supplied by the Customer shall remain the Customer's property. Under
normal circumstances the standing material, including the colour film,
will be retained on file for a period of two years after which time the
GPDC reserves the right to dispose of it. Duplicate copies can be
supplied for an additional charge should the Customer request them
within the 2 year period.
(b) Notwithstanding the above type may be distributed, negatives
destroyed, computer files erased and lithographic photographic 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
15. Customer's Property:
(a) Title to the Work shall not pass to the Customer until the Company
has received in cash or cleared funds payment in full for the price of
(b) Customer's property and all property supplied to GPDC by or on
behalf of the Customer shall while it is in the possession of GPDC or
their agents or in transit be deemed to be at the Customer's risk,
unless otherwise agreed and the Customer should insure accordingly.
GPDC shall be entitled to make a reasonable charge for the storage of
any Customer's property left with GPDC before receipt of the order or
after notification to the Customer of the completion of the work.
Whilst every care is taken GPDC and its agents cannot accept any
responsibility for loss or damage to artwork, photography,
transparencies, computer files, digital media or Customer's property.
Any liability shall be limited to the replacement cost of the basic
16. Materials Supplied by the Customer: (a) GPDC may
reject any paper, plates, digital media or any other materials supplied
or specified by the Customer that appear 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 but for unreasonable delay by GPDC .
(b) Where materials are so supplied, 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 material
supplied or specified.
(c) Quantities of materials supplied shall be adequate to cover normal spoilage.
17. Sub Contracting:
GPDC shall be at liberty to subcontract either in whole or in part to
any person, firm or company it shall think fit without notice to the
Customer unless otherwise agreed in writing by GPDC .
18. Data Protection: Basic
Customer information as well as files produced for a particular job
will be stored for accounting and production purposes. GPDC shall
remove these files at any time after full payment has been received
upon requests for removal, made in writing, by the Customer.
If the Customer ceases to pay their debts in the ordinary course of
business or cannot pay their debts as they become due or being a
Company is deemed to be unable to pay its debts or has a winding up
petition issued against it or being a person commits an act of
bankruptcy or has a bankruptcy petition issued against him, GPDC
without prejudice to other remedies shall (i) have the right not to
proceed further with the contract or any other work for the Customer,
such charge to be an immediate debt due to GPDC , and (ii) in respect
of all unpaid debts due from the Customer 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 in such manner and at such price as he thinks
fit and to apply the proceeds towards such debts.
20. Illegal Matter:
GPDC shall not be required to print or reproduce any matter which in
its opinion is or maybe of an illegal or libellous nature, or an
infringement of the proprietary or other rights of any third party and
reserves the right not to print any matter which in its opinion may be
prejudicial or detrimental to the good of GPDC business. GPDC shall be
indemnified by the Customer in respect of any claims, costs and
expenses arising out of any libellous matter and any infringement of
copyright, patent, design or of any other proprietary or personal
rights contained in any material presented for the Customer. The
indemnity shall extend to any amounts paid for legal advice in
settlement of any claim.
21. 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 GPDC may
terminate any such contract forthwith should any sum due under the
contract remain unpaid.
22. Full Colour Printing: Every
effort will be made to obtain the best colour reproduction but because
of the process involved, GPDC cannot guarantee an exact colour or
texture match between the Customer's original colour photography or
transparency and the printed article. Customers who require colour
reproduction of a specific standard and who wish to check the colour
reproduction prior to printing must order a colour proof, in writing,
when placing the order. An additional charge will be made for this. It
is the Customer's responsibility to ensure that the colour images
submitted are suitable for the work in hand. GPDC cannot accept
liability for unsatisfactory results caused by unsuitable or inferior
23. Colour Matching: GPDC will
happily mix the Customer’s special colour requirements or order special
colours to be mixed by manufactuers if an ink sample is supplied but
cannot guarantee to reproduce it exactly on additional runs or repeat
orders.The Company will guarantee to match PMS colours.
24. Machine readable codes: (a) In the case of machine
readable codes or symbols GPDC shall print the same as specified or
approved by the Customer in accordance with generally accepted
standards and procedures.
(b) The Customer shall be responsible
for satisfying themselves that the code or symbol will read correctly
on the equipment likely to be used by those for whom the code or symbol
(c) The Customer shall indemnify GPDC against any
claim by any party resulting from the code or symbol not reading or not
reading correctly for any reason, except to the extent that such claim
arises from any failure of GPDC to comply with paragraph (a) above
which is not attributable to error falling within the tolerances
generally accepted in the trade in printing of this nature.
25. Force majeure:
GPDC shall be under no liability if it is unable to carry out any
provision in the contract for any reason beyond the Company’s
reasonable control including (without limitation to the foregoing) Act
of God, legislation, war, fire, flood, drought, import, or export
regulations or embargoes, 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 Customer may by written notice to GPDC elect to
terminate the contract and pay for work done and materials used, but
subject thereto shall otherwise accept delivery when available.
26. Law: The construction, validity and performance of the Agreement shall be governed in all respects by Scottish Law.
Notices required or permitted to be given by either party to the other
under these conditions shall be in writing addressed to that other
party at its registered office.
Any dispute arising under or in connection with these conditions shall
be referred to arbitration by the single arbitrator appointed by
agreement or (in default) nominated on the application of either party
by the National Council of The British Association for Print and
29. Severance: If any
provision of these conditions is held to be invalid or unenforceable in
whole or in part the validity of the other provisions of these
conditions shall not be affected thereby.