MORTONS PRINT TERMS & CONDITIONS
Interpretation: “We” and “us” means Mortons Media Group Ltd of Media Centre, Morton Way, Horncastle, Lincolnshire LN9 6JR. “You” and “your” means the customer named in the relevant quotation and/or invoice. “Work” includes printing, type setting, page make up, on-line internet display, collation, distribution and mailing facilities. “Goods” includes paper and other tangible property. “Agreement” means your acceptance of our quotation subject to these Terms & Conditions.
Quality: We will deliver printed work in accordance with our written standards, policies and systems or any previously supplied sample or proof using our best endeavours at all times, subject to normal variations within the production process.
Payment: You will be required to make prepayment by way of cleared funds unless credit terms have been agreed in writing. If your credit account is overdue we may cancel your credit account and/or delay production and/or postpone or cancel your contract.
Notice Period: If you terminate your contract for the printing or display of a periodical publication by giving less than 13 weeks notice, for each week of default you shall pay to us as liquidated damages sums equivalent to 1/3 of the average weekly invoices for the 13 weeks prior to termination. We will give 13 weeks notice on terminating a contract provided your account remains within terms.
Delivery: We are not able to store your work or goods without prior agreement but if we do store your work or goods it will be at your risk. We are not responsible for any delays in transit.
Standing Material: All work or goods held will remain our property until you have paid for them.
Risk and Insurance: All goods left with us or in transit are at your risk. It is your responsibility to insure your goods when held by us or in transit.
Material: We will make every endeavour to source materials in accordance with our supplied samples and/or quotation. Where supplies cannot be guaranteed, if necessary and where possible we will at our discretion use a suitable alternative.
Material supplied by you: We may reject any material that we judge unsuitable. It is not our responsibility to check suitability of material. If any extra costs are incurred in using unsuitable material you may be charged.
Claims: Any claim must be made to us in writing within 7 days of the earliest of invoice/delivery/dispatch. We will not accept return of work or any other liability unless we have been able to inspect it first.
Limitation of Liability: We are not under any circumstances liable for consequential loss. Under no circumstances will our liability exceed our invoiced price for the work and/or goods in question.
Illegal Matter: We shall not be required to print or display any matter which in our opinion may be illegal or defamatory or which might infringe any third party rights or which could involve any criminal or tortuous liability or damage our reputation. If we cannot agree suitable changes with you or if we cannot promptly contact you, we reserve the right to impose changes without incurring any liability to you.
Indemnity: You will indemnify us against any damages, costs, expenses or any other liability arising from any actual or threatened third party complaint, claim, action, proceedings or prosecution against us arising from our work for you.
Force Majeure: We shall not be responsible for any delay or other problems due to any cause beyond our reasonable control.
Entire Agreement: Your acceptance of our quotation subject to these Terms & Conditions is the entire agreement between us and may not be modified except as we agree in writing. We only do work on the basis of our conditions. Your delivery of work instructions is deemed to be your acceptance of our Terms & Conditions to the exclusion of any other contractual terms.
Representations: You acknowledge that you do not rely on any representation warranty or other provision except as provided in these conditions and that all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law. For the avoidance of doubt no employee of Mortons has authority to make any statement or representation about the goods or services or work done and supplied under this Agreement.
Enforceability: If any provision of this Agreement is found to be void or unenforceable in whole or part the other provisions of this Agreement and the remainder of the affected provisions shall continue to be valid. Our Agreement is subject to the law of England and Wales and you agree to submit to the jurisdiction of the Courts of England and Wales.
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Quality: We will deliver printed work in accordance with our written standards, policies and systems or any previously supplied sample or proof using our best endeavours at all times, subject to normal variations within the production process.
Payment: You will be required to make prepayment by way of cleared funds unless credit terms have been agreed in writing. If your credit account is overdue we may cancel your credit account and/or delay production and/or postpone or cancel your contract.
Notice Period: If you terminate your contract for the printing or display of a periodical publication by giving less than 13 weeks notice, for each week of default you shall pay to us as liquidated damages sums equivalent to 1/3 of the average weekly invoices for the 13 weeks prior to termination. We will give 13 weeks notice on terminating a contract provided your account remains within terms.
Delivery: We are not able to store your work or goods without prior agreement but if we do store your work or goods it will be at your risk. We are not responsible for any delays in transit.
Standing Material: All work or goods held will remain our property until you have paid for them.
Risk and Insurance: All goods left with us or in transit are at your risk. It is your responsibility to insure your goods when held by us or in transit.
Material: We will make every endeavour to source materials in accordance with our supplied samples and/or quotation. Where supplies cannot be guaranteed, if necessary and where possible we will at our discretion use a suitable alternative.
Material supplied by you: We may reject any material that we judge unsuitable. It is not our responsibility to check suitability of material. If any extra costs are incurred in using unsuitable material you may be charged.
Claims: Any claim must be made to us in writing within 7 days of the earliest of invoice/delivery/dispatch. We will not accept return of work or any other liability unless we have been able to inspect it first.
Limitation of Liability: We are not under any circumstances liable for consequential loss. Under no circumstances will our liability exceed our invoiced price for the work and/or goods in question.
Illegal Matter: We shall not be required to print or display any matter which in our opinion may be illegal or defamatory or which might infringe any third party rights or which could involve any criminal or tortuous liability or damage our reputation. If we cannot agree suitable changes with you or if we cannot promptly contact you, we reserve the right to impose changes without incurring any liability to you.
Indemnity: You will indemnify us against any damages, costs, expenses or any other liability arising from any actual or threatened third party complaint, claim, action, proceedings or prosecution against us arising from our work for you.
Force Majeure: We shall not be responsible for any delay or other problems due to any cause beyond our reasonable control.
Entire Agreement: Your acceptance of our quotation subject to these Terms & Conditions is the entire agreement between us and may not be modified except as we agree in writing. We only do work on the basis of our conditions. Your delivery of work instructions is deemed to be your acceptance of our Terms & Conditions to the exclusion of any other contractual terms.
Representations: You acknowledge that you do not rely on any representation warranty or other provision except as provided in these conditions and that all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law. For the avoidance of doubt no employee of Mortons has authority to make any statement or representation about the goods or services or work done and supplied under this Agreement.
Enforceability: If any provision of this Agreement is found to be void or unenforceable in whole or part the other provisions of this Agreement and the remainder of the affected provisions shall continue to be valid. Our Agreement is subject to the law of England and Wales and you agree to submit to the jurisdiction of the Courts of England and Wales.