Terms & Conditions
These Conditions shall apply to all goods and services supplied by Augmented Group Limited, trading as GIANT. Any provision, stipulation or condition in the conditions of the order of the person, firm or company to whom such goods and services are supplied (‘the customer’) or otherwise that conflicts with or in any way qualifies or negates any of these Conditions shall have no effect and these Conditions shall prevail.
1. Charges, Estimates and VAT
(a) The Company shall charge such costs and expenses as shall be agreed in writing with the customer for the supply of any goods and services.
(b) Any estimates given are based on the Company’s current costs of production and, unless expressly otherwise agreed in writing are subject to amendment on or at any time after acceptance by the customer to cover any rise or fall in such costs.
(c) Unless otherwise stated all costs, charges and expenses are exclusive of Value Added Tax.
2. Additional Charges
GIANT reserves the right to make additional charges in respect of all costs charges and expenses incurred by GIANT beyond normal allowances including but not limited to those caused by or arising out of:
(a) copy supplied not being clear and legible;
(b) author’s corrections or other work not specified in the estimate;
(c) overtime working by GIANT’s staff or subcontractors;
(d) additional use of fax, telex, couriers and similar facilities; and
(e) additional or expedited deliveries, packing or mailing.
3. Preliminary Work
All preliminary work carried out at the Customer’s request, whether experimentally or otherwise, shall be charged to the Customer.
4. Terms of Payment
(a) GIANT reserves the right:
(i) to invoice the Customer for disbursements (including but not limited to postage) incurred by GIANT and any such invoice shall be due and payable immediately;
(ii) to require the Customer to provide payments on account for work done or to be done and expenses incurred or likely to be incurred on the Customer’s behalf;
(iii) to suspend work until such payments are made.
(b) All other invoices shall be paid in full within thirty days of the date of the invoice unless otherwise agreed in writing.
(c) Without prejudice to any other remedy available to it GIANT shall be entitled to charge interest on overdue invoices at the rate of 8 per cent per annum above the National Westminster Bank Plc base rate from time to time in force and such interest shall accrue at such rate after as well as before judgement.
(d) Goods or services supplied to or commenced at the request of an agent for the Customer shall be chargeable to that agent as well as to his principal
5. Proofs
Proofs of all work may be submitted for the Customer’s approval and GIANT shall not be liable for errors not corrected by the customer in such proofs. The Customer’s alterations and additional proofs necessitated there by shall be charged as additional charges. When style, type or layout is left to GIANT’s judgement, changes there from made by the Customer shall be charged as additional charges. No responsibility will be accepted for any errors in proofs approved by GIANT.
6. Variations in Quantity
GIANT will endeavour to deliver the correct quantity ordered but estimates are conditional on margins of 5 per cent for work in one colour only and 10 per cent for other work being allowed for over’s or shortage which shall be charged or deducted as appropriate.
7. Property and Risk in Goods
(a) The customer shall be deemed to have accepted the goods and services on delivery but GIANT shall retain ownership of all materials and goods produced by it to the order of the customer until all goods and services provided to the Customer have been paid for in full.
(b) The risk in the goods shall pass to the customer upon delivery which for the avoidance of doubt means from the commencement of unloading activities or when collected from GIANT by the Customer or its Agent as the case may be.
(c) Metal film, electronic data and other materials owned by GIANT or its supplier and used by Augmented Group for example in the production of film setting, negatives, positives, plates etc shall remain the exclusive property of GIANT or its supplier as the case may be.
(d) Any material made available to GIANT by or on behalf of the Customer shall, while it is in the possession of GIANT or in transit, be at the Customer’s risk and GIANT shall not be liable for any loss or damage to such materials however caused and the Customer shall insure the said material accordingly.
(e) (i) Electronic data may be erased from memory and lithographic, or other work effaced immediately after the order is completed unless written arrangements are made to the contrary, whereupon a storage fee may be charged to the Customer.
(ii) GIANT shall be entitled to destroy any other materials supplied to it by or on behalf of the Customer upon the earlier of 12 months after they come into the Company’s possession or one month after written notice has been given by GIANT to the Customer.
(f) GIANT shall be entitled to make a reasonable charge for the storage of any Customer’s property left with GIANT before receipt of the order or after notification to the Customer of completion of the work.
8. Materials Supplied by the Customer
(a) GIANT may reject any paper, disks, plates or other materials supplied or specified by the Customer, which appear to GIANT unsuitable. Additional costs incurred if materials are found to be unsuitable during production may be charged to the Customer.
(b) Where materials are so supplied or specified by the Customer, GIANT will take every reasonable 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 sufficient to cover normal spoilage.
(d) Any additional costs incurred by GIANT where disks, etc. are supplied by the Customer without adequate instructions, that result in re-running may be at the discretion of GIANT be charged to the Customer.
9. Periodical Publications
A contract for the printing of a periodical publication shall 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. Such notice may be given at any time but whenever possible should be given after completion of work on any one issue.
10. Indemnity and illegality
(a) GIANT shall not be required to print any matter, which in its opinion is or may be of an illegal or libellous nature or an infringement of any proprietary or other right of any third party.
(b) The Customer shall indemnify GIANT and keep it indemnified against all or any costs, claims, damages, demands and expenses (including legal costs) which may be incurred by or made against GIANT by any third party by reason of the supply of GIANT’s goods or services in accordance with the Customer’s instructions.
11. Claims against GIANT
(a) GIANT reserves the right at any time to alter its product specification without giving prior notice to the Customer.
(b) GIANT shall not be liable to the Customer for any damage to goods, delay in delivery or loss or partial loss of goods in transit unless the Customer notifies GIANT in writing within seven days of delivery failing which the goods shall be conclusively deemed to have been accepted by the Customer.
(c) In any event GIANT shall not be liable for any consequential loss however arising.
12. Insurance
The Customer shall be responsible for effecting all necessary insurance in respect of any loss, damage or expense that it may suffer directly in relation to the provision or non-provision of GIANT’s goods and services.
13. Suspension and Termination
GIANT shall be entitled:
(a) to suspend its performance of the contract if and for so long as the customer shall be in breach of any of it’s obligations; and
(b) to determine the contract without notice in the event of bankruptcy, insolvency or liquidation of the Customer at any time for the levying of any distress, execution or other legal process upon the Customer’s assets or in the even of a receiver being appointed over all or any part of GIANT’s assets or in the event of a continuing breach by the Customer of any of its obligations.
14. Waiver
The waiver or non-enforcement by GIANT of any breach of contract or non-observance of any of these Conditions shall not prevent the subsequent enforcement of these Conditions in full and shall not be deemed a waiver of any subsequent breach.
15. Force MaJeure
GIANT shall not be liable for any delay or failure to perform any of its contractual obligations as a result of war, flood, storm, riot, fire, accident, civil commotion, acts of god, government action, failure of power supply, equipment failure, lock out, strike, default or failure of subcontractor or suppliers or any other cause beyond its reasonable control and GIANT shall not be liable for any loss, damage or expense suffered by the Customer or any third party arising directly or indirectly from any such matters.
16. Variation
(a) These Conditions shall not be varied, waived or modified except in writing under the hand of a duly authorised officer of GIANT.
(b) These Conditions override any differing conditions, which may appear on the Customer’s order form or other document.
(c) GIANT reserves the right to vary these Conditions from time to time subject to giving prior written notice to the Customer.
(d) Any provision of these Conditions, which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of these Conditions.
(e) The headings used herein are for convenience only and shall not affect the meaning or construction of these Conditions.
17. Notice
Any notices required to be given under these Conditions shall be in writing and shall be served by prepaid first class letter addressed to the party to which it shall be sent at its principal place of business or such other address as may have been notified pursuant to this provision to the party giving the notice and shall be deemed to be delivered 48 hours after posting.
18. Proper Law and Jurisdiction
These Conditions shall be governed and construed according to English Law and the parties irrevocably submit to the non-exclusive jurisdiction of the English Courts.
Augmented Group Ltd., Trading as GIANT, Medigold House, 1 Queensbridge, Northampton. NN4 7BF. Tel: 01604 250900 Email: info@gogiant.co.uk
Whilst every effort has been made to ensure the information on this document is correct, GIANT takes no responsibility for errors, omissions or misleading statements contained within this document.
PLEASE PRINT, SIGN AND SEND BACK TO:
Augmented Group Ltd., Trading as GIANT, Medigold House, 1 Queensbridge, Northampton. NN4 7BF
Name (BLOCK CAPITALS):……………………………………………………………………………..
Authorised Signature:………………………………………………………………………………………..