AMPM Marketing Ltd Terms and Conditions of Sale
1. ACCEPTANCE.
Unless a quotation is accepted within 14 days of the date on which it is given, it does not necessarily hold good.
2. COST VARIATIONS.
Quotations are based on stocks available and costs prevailing at the time of quoting. The quoted price is subject to amendment by AMPM in recognition of movements in these costs and the prices to be paid for available stocks at production time unless otherwise specified in writing.
3. PLATES AND FILM SUPPLIED.
Where customers supply “finished film” or plates to AMPM they will be charged at current rates for machine down-time resulting from faults in or late arrival of such material together with the costs of any extra stock and press make ready time used.
4. GOODS AND SERVICE TAX.
The customer is liable for all Goods and Services Tax levied upon that customer’s work. This includes tax which may not have shown on the quotation or invoice.
5. VARIATIONS IN QUANTITY.
Every effort will be made by AMPM to deliver the quantity specified. All quotations however are conditional upon a margin of 5% in single colour work and 10% in multicolour work being supplied over or under. This margin may be charged or deducted respectively on a pro rata basis.
6. PROOFS.
Authors corrections on and after the first proof including alterations in style shall be charged as extra. No responsibility will be accepted for errors in proofs passed by customers.
7. ALTERATIONS.
Quotations are based on the original specifications. If through the customer’s error or change of mind extra work is involved, then such work will be charged at current rates.
8. CUSTOMER’S VERBAL INSTRUCTIONS.
AMPM shall not be held liable for errors or omissions arising for an oversight or a misinterpretation of a customer’s verbal instructions.
9. HOLDING PRESS TO CUSTOMER’S INSTRUCTIONS.
Unless the customer is present when the press is made ready, presses held standing awaiting a customer’s instruction will be charged at current rates for the time standing.
10. CARE AND DISPOSAL OF PROPERTY.
Customer’s property and all property supplied to AMPM by or on behalf of the customer will be held at customer’s risk. All plates will be retained for a period of one month following use. After this period plates will be disposed of at AMPM’s
discretion. Where a specific request is made in writing, plates will be held for an indefinite period.
11. SUSPENDED WORK.
The suspension of any work for a period of 30 days shall entitle AMPM to payment in full for the portion of the work completed.
12. CLAIMS.
Any complaint must be made in writing within 10 days of receipt of goods. Beyond this no claims can be recognised.
13. LIABILITY.
AMPM shall not be liable for any indirect or consequential loss or for any loss to a customer arising from third party claims occasioned by errors in carrying out the work or by delays in delivery.
14. ILLEGAL MATTER.
a) AMPM shall not be required to print any matter which in its opinion may be illegal or libelous in nature.
b) AMPM shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any illegal or libellous matter printed for the customer or any infringement of copyright, patent or design.
15. INTEREST CHARGES ON OVERDUE ACCOUNTS.
All prices quoted are nett, payable on the 20th of the month following date of first delivery or as specified. In the event of payment not being received by the end of the due month interest at your overdraft rate plus 5% may be charged by AMPM on the overdue balance from the first day of the month following the due date for payment until payment is required. The charging of interest does not imply the granting of any extension of credit terms allowed.
In the event of payment default AMPM is entitled to recover from you all legal and other costs, including collection agency commission, incurred by AMPM arising from the collection of the amount owing.
16. PASSING OF TITLE.
Notwithstanding any period of credit, legal and beneficial ownership of any and all goods supplied shall remain with AMPM until payment in full is made for them and for all other goods supplied by the AMPM to the customer.
If payment is overdue in whole or in part in respect of any of the goods supplied, AMPM may (without prejudice to any of its other rights) recover or resell them or any of them (notwithstanding any reasonable incidental consequential loss or damage in respect of goods which have become constituents of other goods) and may enter upon the customer’s premises by its servants or agents for that purpose.
If the goods are sold (either before or after they have become constituents of other goods, equipment or products) by the customer before full payment to AMPM in respect of them, then the proceeds of sale thereof shall be the property of AMPM and the customer will ensure that such proceeds are at all times identifiable and can, at the request of AMPM, be paid to AMPM or held in a separate fund, in trust, on account of AMPM.
