1. Cost Variation: Quotations are based on the current costs of production and are subject to amendment by Newmans Limited, on or at any time after acceptance to meet any rise or fall in such costs.
2. Value Added Tax: All quotations from Newmans Limited exclude VAT which will then be charged at the current rate when the invoice is raised.
3. Preliminary/Speculative Work: Work produced, whether experimentally or otherwise, at client’s request will be charged for unless by prior agreement with Newmans Limited.
4. Proofs: Author’s corrections on or after first proof, including alterations in style, will be charged extra.Proofs for all work must be submitted for client’s approval, and no responsibility will be accepted for any errors in proofs passed by him/her.
5. Delivery and Payment: After 30 days following delivery and acceptance of goods, payment will become due. Payment shall become due from the expiration of 30 days following the delivery of goods.
6. Expedited Delivery: Should expedited delivery be agreed and necessitate overtime or other additional cost, an additional charge may be made.
7. Variations in Quantity: Every endeavour will be made to deliver the correct quantity ordered, but quotations are conditional upon a margin of 5% (in colour work 10%) being allowed for overs or shortage, the same to be charged for or deducted as appropriate.
8. Claims: Claims arising for damage, delay, or partial loss of goods in transit must be made in writing to Newmans Limited and the carrier, so as to reach them within three days of delivery. Claims for non-delivery must be made within seven days of despatch. Newmans Limited will not be liable for any claim unless the above requirements have been complied with.
9. Liability: Newmans Limited does not accept liability for indirect or consequential loss, or for any loss to the client arising from third party claims occasioned by errors in carrying out the work or by delay in delivery.
10. Standing Matter: Type may be distributed and lithographic, photogravure, digital or other work effaced immediately after the order is executed unless arrangements are made to the contrary.
11. Client’s Property Supplied:
a) Clients’ property supplied to Newmans Limited by or on behalf of the client will be held at client’s risk.
b) Every care will be taken to secure the best results where materials or equipment are supplied by client, but responsibility will not be accepted for imperfect work caused by defects in or the unsuitability of such materials or equipment.
c) Where the client supplies materials, adequate quantities shall be supplied to cover spoilage.
12. General Lien: Newmans Limited shall in respect of all unpaid debts due from the client have a general lien on all goods and property in its hands, and shall be entitled on the expiration of 30 days notice to dispose of such goods or property as it thinks fit and to apply the proceeds towards such debts.
13. Illegal Matter:
a) Newmans Limited shall not be required to publish any matter which in its opinion is or may be of an illegal or libellous nature.
b) Newmans Limited shall be indemnified by the client in respect of any claims, costs and expenses arising out of any illegal or libellous matter published for or on behalf of the client or any infringement of copyright, patent or design.
14. Force Majeure: Every effort will be made to carry out the contract, but its due performance is subject to cancellation by Newmans Limited or to such variation as it may find necessary as a result of inability to secure labour, materials or supplies as a result of any Act of God, War, Strike, Lockout or other labour dispute, Fire, Flood, Drought, Legislation or other cause (whether of the forgoing class or not) beyond the control of Newmans Limited.
15. Purchase Order: Where artwork is designed and finished to customer’s instructions Newmans Limited reserves the right to charge for such artwork, whether or not the customer places an order based on such artwork.
16. Copyright: On completion of work, and payment of final fees, full copyright of designs will be passed over to the client without restriction. However, where Newmans Limited has undertaken speculative design work, full copyright belongs to Newmans Limited until the designs are approved by the customer and paid for in full.
17. System Work: Computer discs/digital artwork remain the property of Newmans Limited. Designs and Artwork contained therein are the property of the client only in the context of the project commissioned and paid for in full. Where the client requests copies of discs/digital artwork for additional usage, a fee will be charged.