Terms & Conditions1. Goods mean
the articles or things prescribed in the contract between The City
Press Leeds Ltd and the purchaser.
2. These conditions shall be deemed to be incorporated in all
contracts of The City Press Leeds Ltd to sell goods, and in the case
of any inconsistency with any other order or form of contract sent by
the purchaser to The City Press Leeds Ltd whatever may be their
respective dates, the provision of these conditions shall prevail
unless expressly carried in writing and signed by a director or
proprietor on behalf of The City Press Leeds Ltd.
3. Notwithstanding that The City Press Leeds Ltd may have given a
detailed quotation no order shall be binding on The City Press Leeds
Ltd unless and until it has been viewed and accepted by The City Press
Leeds Ltd
4. Any times or dates given for completion or delivery of goods
shall be binding on The City Press Leeds Ltd, insofar as The City
Press Leeds Ltd undertake to carry out additional work for the
purchaser to the value of the print element of any goods not supplied
on time. Such liability shall not extend to delays beyond the control
of The City Press Leeds Ltd including, without prejudice to the
generality of the foregoing defects in files, or omissions of
information, delays in approval of proofs and non-performance of
carriers..
5. a) By their nature goods do not have redeemable value, therefore
no refunds or credits for goods correctly supplied will be
entertained.
b) All artwork(s), design(s), preparation work and/or all items
associated in the production of any items produced by The City Press
Leeds Ltd shall remain the property of The City Press Leeds Ltd andmay
not be reproduced without prior written permission.
6. a) All goods shall be paid for at the time of order.
b) Any deposit(s) requested/paid in advance for any artwork(s),
design(s), preparation work and/or all items associated in the
production of any items produced by The City Press Leeds Ltd are
non-refundable.
c) No goods shall be despatched or collection allowed until paid for
in full.
d) All prices are exclusive of V.A.T. (Value Added Tax) and this will
be charged at the appropriate rate if necessary.
7. a) Any shortcomings or defects in goods supplied must be
notified to The City Press Leeds Ltd within 3 days of delivery. Such
goods must be returned to The City Press Leeds Ltd for inspection.
b) Nothing herein shall impose any liability upon The City Press Leeds
Ltd in respect of any defect in the goods arising out of the acts,
omissions, negligence or default of the purchaser, its servants or
agents including without prejudice to the generality of the foregoing
handling and storage of the goods.
c) Nothing herein shall have the effect of excluding or restricting
the liability of The City Press Leeds Ltd.
i.) For death or personal injury resulting from its negligence insofar
as the same is prohibited by U.K. statue, or;
ii) Under sections 12, 13, 14 and 15 of the Sale of Goods Act 1979 to
a purchaser who is dealing with a customer (as defined by section 12
of the Unfair Contract Terms Act 1977).
8. The City Press Leeds Ltd shall not be liable for any costs,
claims or damage arising out of any act of tort or omission or breach
of contract or statutory duty calculated by reference to profits,
income production or accruals or loss of such profits, income
production or accruals or by reference to accrual of such, claim,
damages or expenses on a time basis.
9. The liability of The City Press Leeds Ltd to the purchaser for
any loss or damage of whatsoever nature and howsoever caused shall be
limited to and in no circumstances exceed the price of the goods.
10. If the purchaser shall be in breach of any of their obligations
under the contract The City Press Leeds Ltd may (without prejudice to
The City Press Leeds Ltd's rights subsequently to determine the
contract for the same cause should it so decide) suspend further
deliveries of goods without notice until any defaults by the purchaser
are remedied.
11. No statement, description, information, warranty or
recommendation contained in any catalogue, price list, advertisement
or communication or made verbally by any of the agents or employees of
The City Press Leeds Ltd shall be construed to enlarge, vary or
override in any way these conditions.
12. Any concessions made or latitude allowed by The City Press
Leeds Ltd to the purchaser shall not affect the strict rights of The
City Press Leeds Ltd under the contract. If in any particular case any
of these conditions shall be held to be invalid or shall not apply to
the contract the other conditions shall continue in full force and
effect.
13. The contract shall in all respects be governed by English law
and shall be deemed to have been made in England and the purchaser and
The City Press Leeds Ltd agree to submit to nonexclusive jurisdiction
of the English courts.
