Terms and Conditions

Price Variation
Estimates for print are based on the 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.

Tax
Except in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, Optimum-PDM reserves the right to charge the amount of any Value Added Tax payable whether or not included on the estimate or invoice.

Preliminary Work
All work carried out, whether experimentally or otherwise, at customer’s request, shall be charged.

Copy
A charge may be made to cover any additional work involved where copy supplied is not clear and legible.

Proofs
Proofs of all work may be submitted for customer’s approval and Optimum-PDM 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 Optimum-PDM's judgement, changes therefrom made by the customer shall be charged extra.

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. Any queries relating to work produced must be confirmed in writing within five days of the goods being received. By the non-return or use of any of the goods, the customer automatically accepts the work and is therefore liable for payment in full.
(b) Unless otherwise specified the price quoted 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 different address.
(c) Should expedited delivery be agreed, an extra 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 days Optimum-PDM shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.

Variations in Quantity
Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5% for work in one colour only and 10% for other work being allowed for overs or shortage (4% and 8% respectively for quantities exceeding 50,000). The company makes no additional charges for quantity supplied as overs, but will credit any amount delivered under by the run on per 1000 charges indicated on the estimates.

Claims
Advice or damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Optimum-PDM and carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to Optimum-PDM and the carrier within seven clear days of delivery. Optimum-PDM accepts no responsibility of consequential loss relating to late delivery.

Liability
Optimum-PDM shall not be liable for any loss to the customer arising from delay in transit not caused by Optimum-PDM.

Standing Material
Metal, film, glass and other materials owned by Optimum-PDM and used 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. Optimum-PDM accepts no responsibility for loss or damage to customer’s originals, and the customer should therefore insure accordingly.

Customer’s Property
Except in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, customer’s property and all property supplied to Optimum-PDM by or on behalf of the customer shall while it is in the possession of Optimum-PDM 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.

Materials Supplied by the Customer
(a) Optimum-PDM may reject any 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 could have been avoided for unreasonable delay by Optimum-PDM 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, Optimum-PDM 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 normal spoilage.

Insolvency
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 him, Optimum-PDM without prejudice to other remedies shall:
(a) have the right not to proceed further with the contract or any other work for the customer shall 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
(b) 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 at such price as he thinks fit and to apply the proceeds towards such debts.

Illegal Matter
(a) Optimum-PDM shall not be required to produce 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) Optimum-PDM 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 right contained in any material printed for the customer. The indemnity shall extend to any amounts paid on the lawyer’s advice in settlement of any claim.

Force Majeure
Optimum-PDM shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, 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.

Law
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.

Optimum-PDM in the Terms and Conditions above is the trading name for Optimum Product Design and Marketing Ltd.