1. Price Variation
Estimates are based on the printerís current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
Except in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, the printer reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
3. Design Work
All work carried out at customer's request whether experimental or otherwise, shall be charged.
Proofs of all work may be submitted for customerís approval and the printer shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customerís alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to the printerís judgement, changes thereon made by the customer shall be charged extra.
5. Delivery and payment
(a) Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due.
(b) Unless otherwise specified the price quoted is for Customer to uplift their goods from The Trojan Press, 250-252 High Street, Leslie Fife KY6 3AE.
(c) Should work be suspended at the request of customer or delayed through any default for a period of 30 days the printer shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
6. Standing material
(a) Metal, film, electronically stored computer data and other materials, owned by the printer and used by him in the production of type, plates, electrotypes, film-setting, negatives, positives and the like shall remain his exclusive property. Such items when supplied by the customer shall remain the customerís property.
(b) Electronic files may be deleted and lithographic, photogravure or other work effaced immediately after the order is executed unless written arrangements are made to the contrary.
If the customer ceases to pay his debts in the ordinary course of business or cannot pay his 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, the printer without prejudice to other remedies shall:-
(i) 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, 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 daysí 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.
8. 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, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyerís advice in settlement of any claim.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of Scotland.