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a) The following Terms and Conditions shall constitute the contract between Pogo and the customer arising out of this Quotation.
b) No variation or modification of these terms and conditions shall be effective against Pogo unless such variation or modification is in writing and signed by the Director of Pogo.
c) The headings to the Clauses contained in these terms and conditions are inserted for convenience or reference only and shall not form part of or affect the interpretation thereof.
Estimates are based on Pogo’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.
Pogo shall be entitled to charge the amount of any value-added or similar tax at the rate prevailing at the time such tax becomes payable whether or not included in the quotation.
All work carried out, whether experimentally or otherwise, at Customer’s request shall be charged. This work shall remain the property of Pogo unless an agreed fee is negotiated for its use by the Customer.
A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
Proofs of all work may be submitted for Customer’s approval and Pogo 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 Pogo’s judgment, changes therefrom made by the Customer shall be charged extra.
Delivery and payment
a) Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due.
b) Unless otherwise specified the price quoted is for delivery to the Customer’s address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address.
c) Should expedited delivery be agreed an extra may be charged to cover any overtime or any additional costs involved.
d) Should work be suspended at the request of or delayed through any fault of the Customer for a period of 30 days Pogo shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
e) Stocks for delivery to Customer’s requirements will not be carried other than on the basis of payment on completion of the work and agreement on the storage charges to be paid. Such goods will be stored only at the Customer’s risk
f) Pogo shall be entitled to charge interest on payments which are not made on the date on which they fall due at the rate of 1.25% per calendar month or part thereof.
g) We maintain full retention of title on all goods, either, produced or sold by this company to any clients, any third parties, any agencies etc until full payment has been received and that payment has been confirmed as paid in an up to date statement of account. We will immediately seek to regain possession of our goods from whomever has them, if we reasonably consider that some, or all, of the sums we believe are due to us might not be paid in full.
Variations in quantity
Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5% for work in one colour and 10% for other work being allowed for overs or shortage, the same to be charged or deducted.
Claims arising from damage, delay or partial loss of goods in transit must be made in writing to Pogo and the Carrier so as to reach them within 3 days of delivery and non-delivery within 28 days of dispatch of the goods. All other claims must be made to Pogo within 10 days of delivery.
a) Pogo shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to the Customer arising from delay in transit.
b) Where work is defective for any reason, including negligence, Pogo.s liability (if any) shall be limited to rectifying such defect. Pogo will not be liable for any consequential loss.
a) Data, Film and Printing Plates owned by Pogo and used by them in the production of Proofs, Plates, Film, and the like, shall remain their exclusive property. Such items when supplied by the Customer shall remain the Customer’s property.
b) Data, Lithographic Printing Plates, Film or other work may be disposed of or effaced immediately after the order is executed, unless written arrangements are made to the contrary. In the latter event, rent may be charged.
a) Customer’s property and all property supplied to Pogo by or on behalf of the Customer will be held, worked on and carried at the Customer’s risk and the Customer should insure accordingly.
b) Pogo shall be entitled to make a reasonable charge for the storage of any Customer’s property left with Pogo before receipt of the order or after notification to the Customer of completion of work.
Material supplied by the customer
a) Pogo may reject any Paper, Plates or other material supplied or specified by the Customer which appears to them to be unsuitable. Additional costs incurred if materials are found to be unsuitable during production may be charged.
b) Where materials are so supplied or specified, Pogo 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.
c) Quantities of materials supplied shall be adequate to cover normal spoilage.
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 Pogo 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 him
(ii) in respect of all unpaid debts due from the Customer have a general lien on all goods and property in his possession (whether worked 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.
a) Pogo shall not be required to print any matter, which in their opinion is or maybe of an illegal or libelous nature or an infringement of the proprietary or other rights of any third party, or matter, which in the view of Pogo, may cause offence.
b) Pogo shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of any libelous matter or any infringement of copyright, patent, design, or 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.
A contract for the printing of a periodical publication may not be terminated by either party in writing unless 6 months notice is given in the case of periodicals produced weekly (26 issues), periodicals produced fortnightly (13 issues), periodicals produced monthly (6 issues), periodicals produced bi-monthly (3 issues) and periodicals produced quarterly (2 issues). Notice may be given at any time but wherever possible should be given after completion of work on any one issue. Nevertheless, Pogo may terminate any such contract forthwith should any sum due thereunder remain unpaid.
Pogo shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond their 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 of furtherance of a dispute or owing to any inability to procure materials for the performance of the contract. During the continuance of such a contingency the Customer may by written Notice to Pogo elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
These conditions and all other express terms of the contract shall be governed and constructed in accordance with the laws of the Republic of Ireland.