Terms and conditions

  1. With effect from 1 November 2001, this and the following terms and conditions of sale shall apply to any contract of sale entered into by BBR Solutions Ltd (hereinafter called the designer) and the Customer (hereinafter called the customer) to the exclusion of any inconsistent terms and conditions of whatever nature contained in any document communicated by the customer to the designer or any terms and conditions as aforesaid of the customer which are known or ought to be known to the designer.
  2. Price variation. Prices quoted are estimates based on the information supplied by the customer, and remain subject to sight of actual copy. These estimates are based on the designer’s 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.
  3. Tax. The designer reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
  4. Preliminary work. All work carried out by the designer, whether experimentally or otherwise, at the customer’s request shall be charged.
  5. Copy. A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
  6. Proofs. Proofs of all work may be submitted for the customer’s approval and the designer 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 designer’s judgement, changes therefrom by the customer shall be charged extra.
  7. Payment and delivery.
    1. Unless specified otherwise in the quotation, the customer will be invoiced by the designer for the total work, including any printing, upon completion of design and typesetting, and prior to the commencement of any printing work, and payment in full will become due from the date of the aforesaid invoice whereupon either:
      1. where printing is not required, the designer will despatch final artwork to the customer as soon as the aforesaid payment has been received, banked and cleared, or
      2. where printing is required, this work will not commence until the aforesaid payment has been received, banked and cleared. Upon completion of the required printing work, sample copies of the finished product will be submitted to the customer for approval, subject to which the full consignment will be delivered to the customer.
    2. Delivery of work shall be accepted when tendered, and unless otherwise specified the price quoted is for delivery of the work to the customer’s address as set out on the quotation. A charge may be made to cover any extra costs involved for delivery to a different address.
    3. Should expedited delivery be agreed an extra cost may be charged to cover any overtime or any other additional costs involved.
    4. Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days the designer shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
    5. It is a condition of this contract that the customer will pay the purchase price to the designer upon receipt of the designer’s invoice. Interest of 2% per month shall be payable on overdue amounts calculated on the amount overdue for payment at the end of each month. Legal fees, debt collection agency fees and other costs of recovery shall be payable by the customer if incurred by the designer in order to obtain payment of the customer’s account.
  8. Property title and risk in the goods.
    1. Property in any goods sold or supplied by the designer shall not pass to the customer until payment for the goods has been made to the designer.
    2. Notwithstanding the provisions of subclause 8.a. hereof the customer shall from the date of delivery of any goods bear the risk of loss or damage to the goods.
    3. Failure on the part of the customer to comply with the conditions or the terms of payment shall give the designer the right to withhold or cancel at its option any undelivered goods or any unperformed service without prejudice to such other rights as it may have; further the designer may enter upon the premises where the goods or part thereof may be and the customer shall afford the designer access, and the designer may repossess the said goods or any part thereof.
  9. Variations in quantity. Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon a margin of 10% being allowed for overs or shortage, the same to be charged or deducted.
  10. Claims. Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the designer and the carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of despatch of goods) and any claim in respect thereof must be made in writing to the designer and the carrier within seven clear days of delivery (or, in the case of non-delivery within 42 days of despatch). All other claims must be made in writing to the designer within 28 days of delivery. The designer shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
  11. Liability. The designer shall not be liable for any loss to the customer arising from delay in transit not caused by the designer.
  12. Standing material.
    1. Metal, film, glass and other materials owned by the designer and used by him in the production of type, plates, moulds, stereotypes, electrotypes, 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.
    2. Type may be distributed and lithographic photogravure 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 charged.
  13. Customer’s property.
    1. Customer’s property and all property supplied to the designer by or on behalf of the customer shall while it is in the possession of the designer or in transit to or from the customer be deemed to be at the customer’s risk unless otherwise agreed and the customer should insure accordingly.
    2. The designer shall be entitled to make a reasonable charge for the storage of any customer’s property left with the designer before receipt of the order or after notification to the customer of completion of the work.
  14. Material supplied by the customer.
    1. The designer 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 cost could have been avoided but for unreasonable delay by the designer in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
    2. Where materials are so supplied or specified, the designer 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.
    3. Quantities of materials supplied shall be adequate to cover normal spoilage.
  15. 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 it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, the designer without prejudice to other remedies shall
    1. 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
    2. 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.
  16. Illegal matter.
    1. The designer shall not be required to produce or have printed 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.
    2. The designer shall be indemnified by the customer in respect of any claims, cost 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 lawyer’s advice on settlement of any claim.
  17. Force Majeure. The designer 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) sickness or incapacitation, Act of God, legislation, war, fire, flood, drought, failure of power supply, lockout, 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 the designer elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
  18. Law. These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.

BBR Solutions Ltd   Registered in England No: 4082132
Registered Office: 6 Broadfield Court, Broadfield Way, Sheffield S8 0XF, UK