Terms & COnditions
1) Estimates
Estimates are valid for thirty days. Estimates are based on our current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise in such costs. Unless otherwise specified, all prices estimated exclude carriage charges for delivery/postage of printed goods, samples, proofs and any other items required. All estimates and quotes exclude VAT which is charged at the current Customs & Excise rates, where applicable, and according to current regulations.
2) ‘Cooling off’ period
Due to the bespoke nature of printed matter the customer shall not be entitled to a ‘cooling off’ period. Jobs put on hold or cancelled by the customer during production will be invoiced at current stage, which may include an administration charge. This invoice must be paid in full within 7 days of issue.
3) Settlement of Overdue Invoices
For invoices not settled within the agreed credit terms, in accordance with section 69 of the County Court Act 1984 and Section 25(A) of the Supreme Court Act 1981 the court will be asked to add statutory interest to the debt at the rate of 8% per annum from the due date, in addition to allowable legal costs.
4) Credit Terms
Unless agreed otherwise in advance, all work is accepted subject to payment of a deposit and settlement of the balance upon completion of the work. In the case of non-collection of work from our premises, the payment is still due when the work is completed, unless otherwise agreed. Customers may request extended credit terms, which, if agreed, are strictly 30 days from the date of issue of our invoice at our discretion.
5) Chargeable work
Acceptance of a price estimate will be deemed to mean a request for commencement of work. All work carried out, whether experimentally or otherwise, at the customer’s request shall be charged. If a client decides that design work undertaken by Lily Anna Rose fails to match their taste or expectation, or for any other reason decides not to proceed further, the client is still liable for any costs involved at the time of written cancellation, or up to the date of invoice where no notice of cancellation is given. Lily Anna Rose will charge for any work already undertaken until such time. The amount invoiced may include an administration charge and will also include but not be limited to preparation/sourcing of artwork/proofs/printing plates, at the appropriate hourly rate.
6) Delay/failure to proceed
If, once a proof has been prepared and submitted to the customer, the customer should decide not to proceed with the work at that time, whether due to a temporary delay or cancellation, Lily Anna Rose will submit an invoice for work already undertaken at the appropriate hourly rate. If a proof is submitted to the customer, but no contact is received from the customer within 14 days of submission, Lily Anna Rose reserves the right to submit an invoice for work already undertaken at the appropriate hourly rate, and which may include an administration charge. In either case, the work will be held on file and if the customer wishes to continue later, no further charge will be made for the work previously invoiced.
7) Transfer of Ownership
The ownership and property of all work or materials not being materials supplied by or on behalf of the customer whether subsequently worked on or not shall remain in the property of Lily Anna Rose until all moneys under this or any other contract are paid in full by the customer. This includes the rights to use any design/artwork produced by Lily Anna Rose (including but not confined to logos) and thus no such design/artwork may be used in any way, whether printed or digitally, until payment in full has been made.
8) Sourcing of materials
The customer agrees to provide us with the specific copy, images and relevant information we require, or to advise us as to where we can locate them. We accept no responsibility for the customer’s product not being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from the customer. We accept no responsibility for errors, omissions or discrepancies which may be present on the final product. Time taken to source the specific copy, images and relevant information, as well as any time required to correct errors, omissions or discrepancies which have arisen through the customer not providing us with adequate materials, will be charged to the customer at our standard rate. Lily Anna Rose accept no responsibility for the delay caused in providing the customer with the final product as a result of the customer supplying us with insufficient or unsuitable materials. Where the customer supplies or specifies materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
9) Approval of Proofs
If the customer has been provided with a proof, written or verbal approval confirms that the customer agrees to the design and contents of the printed document as depicted on the proof. By giving written or verbal approval, the customer absolves Lily Anna Rose of all liability for any errors, omissions or discrepancies which may be present on the proof. This contract revokes the customer’s right to take any kind of action against Lily Anna Rose for any aspect of the work with which the customer is later dissatisfied. The customer’s approval means that, if the finished product is as arranged and consistent with the proof if supplied, the customer must pay in full for the work. This fact applies whether the customer later takes issue with any aspect of the product. These terms are final and non-negotiable.
10) Proof Reading
Design and artwork do not include proof reading. Proof reading can be undertaken at the request of the customer and will be charged at the appropriate hourly rate. Due to the nature of the preparation of copy for print, the customer accepts that there is a possibility of introduced errors, and therefore the customer agrees to read and approve all final copy before the production of artwork and again on receipt of final proof before giving approval to print. While Lily Anna Rose takes care to avoid such errors, we cannot be held responsible for these or for any other typographical errors, spelling mistakes or incorrect information on any project approved by the client. Lily Anna Rose reserve the right to charge for any extra unforeseen work they undertake in correcting spelling, punctuation, factual or grammatical errors, after text has been provided to us. It is therefore highly recommended that clients do their proof-reading of text before forwarding it to Lily Anna Rose.
11) PDF Proofs
PDF proofs of all work will be submitted for the customer’s approval and Lily Anna Rose shall incur no liability for any errors not corrected by the customer in proofs so submitted. Clients’ alterations and additional proofs necessitated thereby shall be charged extra. Particular attention must be paid to the fact that viewing a proof on a computer screen is no substitute for checking it from a printed version. It is very probable that colours when viewed/printed on the average office or domestic monitor/printer will look quite different from a professionally printed proof. The appearance of some fonts and images may also be affected by the technology used by the client. It is also advisable to ensure that proofs are printed out at exactly 100% size. The default setting for PDF reading software will often reduce or enlarge the artwork, which can give a misleading impression. We strongly advise clients to arrange to see and approve a digitally printed proof from us as this is a much more reliable form of proofing. Digitally printed proofs which are now the industry norm, have long superseded ‘wet’ proofs, which were once the only proofing method available. Although these are very accurate, the very high additional cost involved is generally unattractive to clients, so we will only ever provide ‘wet’ proofs on request and will pass on the costs involved.
12) Changes to proofs once approved
Once the customer has agreed upon a proof and instructed Lily Anna Rose to proceed, it must be assumed that print production has begun. Any subsequent changes in style or design requested by the customer will be charged for at the appropriate hourly rate for design plus any costs incurred for print work or preparation necessarily abandoned because of these changes.
13) Colour matching
Every effort will be made to obtain the best possible colour reproduction on clients’ work but because of the nature of the processes involved, Lily Anna Rose cannot guarantee an exact match in colour or texture between any materials with which you supply us, and the printed article. There may also be variation between colours when printed on to different materials, using different colour formats and different printing equipment. As most of the commercially produced print is produced using the full-colour (CMYK) process, some Pantone colours can appear differently from how they would print if using the Pantone printing process. If a client has been quoted for full-colour printing and has specified a particular Pantone colour, it is the client’s responsibility to discuss how their Pantone colour/s may reproduce using the full-colour process. Where necessary, Lily Anna Rose may have to use a different printing process and will requote where necessary. This is a complex area and clients should make a point of ensuring that they convey their expectations to Lily Anna Rose, who will offer advice, and have swatches available on their premises that give a good guide as to how colours might reproduce depending on the material and print process used. Please refer it Item 12 above.
14) Print Quantities
Every effort is made to produce the exact quantity of items ordered. However, some variation is inherent in the print process and so you accept that minor variations in quantity are possible. These do not affect the price charged. In the majority of cases, Lily Anna Rose will produce a larger quantity of any printed item ordered, at no extra cost. These ‘overs’ should more than cover any slightly substandard items that may not have been spotted prior to packaging.
15) Completion and delivery times (from receipt of cleared or authorised payment and of approval by the client of any proofs) are a guide only and whilst Lily Anna Rose will make every effort to adhere to proposed timescales, time of delivery is not of the essence in any contract with the customer.
16) Delivery in instalments
Where the work is to be delivered in instalments each delivery shall constitute a separate contract and any claim by the customer in respect of any one or more of the instalments shall not entitle the customer to treat the order as a whole as repudiated or cancelled.
17) Damage/delay/loss/non-delivery of goods
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Lily Anna Rose within three clear days of delivery (or in the case of non-delivery, within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to Lily Anna Rose and the carrier within seven clear days of delivery (or in the case of non-delivery, within 42 days of dispatch). All other claims must be made in writing to Lily Anna Rose within 28 days of delivery. Lily Anna Rose 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.
18) Ownership of materials
All materials (including but not limited to film, plates, negatives and positives) produced and used by Lily Anna Rose during the production process remain the property of Lily Anna Rose. Where these materials are provided by the customer, they remain the property of the customer.
19) Copyright
Unless by prior arrangement, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to Lily Anna Rose. Where the customer supplies us with material, it is the customer’s responsibility to obtain all necessary copyrights and licenses for its use, and we assume that the customer possesses these. In such cases, the copyright belongs to the customer. The customer agrees to indemnify Lily Anna Rose from any claim which arises regarding the use of material with which the customer supplies us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless the customer requests otherwise in writing. Where clients request specific digital files of artwork, from our archives, we reserve the right to make a charge to retrieve the files, and any work associated with converting files to a specific format at the client’s request. Likewise, Lily Anna Rose reserve the right to charge for posting, delivering or e-mailing files or copying on to CDs or other storage media.
20) Illegal, libellous or offensive material
Lily Anna Rose reserves the right not to use any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us 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 rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
21) Liability for defective work
Insofar as is permitted by law where work is defective for any reason, including negligence, Lily Anna Rose’s liability (if any) shall be limited to rectifying such defect. However Lily Anna Rose shall not be liable for indirect loss or third party claims occasioned by defective work and the customer shall not be entitled to any further claim in respect of the work.
22) Consequential/Third party losses
Lily Anna Rose accept no liability whatsoever for indirect loss consequential or third party losses, resulting in a delay in delivery howsoever caused. 23) Financial loss – Lily Anna Rose accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided.
24) Inability to complete work due to external reasons
Lily Anna Rose accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our 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 you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
25) Delay in transit
Lily Anna Rose shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond our control.
26) Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their 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 it, Lily Anna Rose, without prejudice to other remedies, shall: (i) 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 it, and (ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 7 days’ notice to enter the customers premises to recover and dispose of such goods or property in such manner and at such price as we think fit and to apply any proceeds towards such debts. (iii) if the customer has sold the goods before they have been paid for in full he shall hold the proceeds of sale in trust for Lily Anna Rose in a separate account until any sums owing to Lily Anna Rose have been discharged from such proceeds.
27) These Terms and Conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England and the parties agree to submit to the jurisdiction of the courts of England and Wales.
28) These Terms and Conditions may be amended from time to time. All clauses and sub-clauses of this agreement are severable and if any clause or identifiable part thereof is held to be unenforceable by any court of competent jurisdiction then such enforceability shall not affect the enforceability of the remaining provisions or identifiable parts thereof in these Terms and Conditions.
