STANDARD CONDITIONS OF CONTRACT (1999)
Issued by the British Printing Industries Federation
This set of standard conditions does not apply in the case of a customer who is not
contracting in the course of a business nor holding himself out as doing so.
In these conditions, ‘electronic file’ means any text, illustration or other matter supplied to the
printer in digitised form on disk, through a modem, or by ISDN or any other communication
link.
Where appropriate for ‘printer’ read ‘binder’.
1. Price variation Estimates are based on the printer’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.
2. Tax The printer reserves the right to charge the amount of any value added tax payable
whether or not included on the estimate or invoice.
3. Preliminary work All work carried out, whether experimentally or otherwise, at
customer’s request shall be charged.
4. Copy A charge may be made to cover any additional work involved where copy supplied
is not clear and legible.
5. Electronic files (a) It is the customer’s responsibility to maintain a copy of any original
electronic file.
(b) The printer shall not be responsible for checking the accuracy of supplied input from an
electronic file unless otherwise agreed.
(c) Without prejudice to clause 15, if an electronic file is not suitable for outputting on
equipment normally adequate for such purposes without adjustment or other corrective
action the printer may make a charge for any resulting additional cost incurred.
6. Proofs Proofs of all work may be submitted for customer’s approval and the printer 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 the printer’s judgement, changes therefrom made by the
customer shall be charged extra.
7. Colour proofs Due to differences in equipment, paper, inks and other conditions between
colour proofing and production runs, a reasonable variation in colour between colour proofs
and the completed job will be deemed acceptable unless otherwise agreed.
8. Variations in quantity Every endeavour will be made to deliver the correct quantity
ordered, but estimates are conditional upon margins of 5 per cent for work in one colour only
and 10 per cent for other work being allowed for overs or shortage (4 per cent and 8 per cent
respectively for quantities exceeding 50,000) the same to be charged or deducted.
9. 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, payment shall
become due.
(b) Unless otherwise specified the price is for delivery of the work 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 other additional costs involved.
(d) Should work be suspended at the request of or delayed through any default of the
customer for a period of 30 calendar days the printer shall then be entitled to payment for
work already carried out, materials specially ordered and other additional costs including
storage.
10. Ownership and risk (a) The risk in all goods delivered in connection with the work shall
pass to the customer on delivery.
(b) Goods supplied by the printer remain the printer’s property until the customer has paid for
them and discharged all other debts owing to the printer.
(c) If the customer becomes insolvent (as set out in clause 16) and the goods have not been
paid for in full the printer may take the goods back and, if necessary, enter the customer’s
premises to do so, or to inspect the goods.
(d) If the customer shall sell the goods before they have been paid for in full he shall hold the
proceeds of sale on trust for the printer in a separate account until any sum owing to the
printer has been discharged from such proceeds.
11. Claims Advice of damage, delay or loss of goods in transit or of non-delivery must be
given in writing to the printer and the carrier within three clear days of delivery (or, in the case
of non-delivery, within 28 days of notification of despatch of the goods) and any claim in
respect thereof must be made in writing to the printer and the carrier within seven clear days
of delivery (or, in the case of non-delivery, within 42 days of notification of despatch). All
other claims must be made in writing to the printer within 28 days of delivery. The printer
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.
12. Liability (a) The printer 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, whether as a result of the printer’s negligence or otherwise.
(b) Insofar as is permitted by law where work is defective for any reason, including
negligence, the printer’s liability (if any) shall be limited to rectifying such defect. Where the
printer performs its obligations to rectify defective work under this condition the customer
shall not be entitled to any further claim in respect of the work done nor shall the customer be
entitled to treat delivery thereof as a ground for repudiating the contract, failing to pay for the
work or cancelling further deliveries.
(c) Nothing in these conditions shall exclude the printer’s liability for death or personal injury
as a result of its negligence.
13. Standing material (a) Metal, film and other materials owned by the printer and used by
him in the production of type, plates, film-setting, negatives, positives and the like shall
remain his exclusive property. Such items when supplied by the customer shall remain the
customer’s property.
(b) Type may be distributed and lithographic or photogravure film and plates, tapes, disks or
other work effaced immediately after the order is executed unless written arrangements are
made to the contrary. In the latter event, rent may be charged.
(c) The printer shall not be required to download any digital data from his equipment or
supply the same to the customer on disk, tape or by any communication link unless written
arrangements are made to the contrary.
14. Customer’s property (a) Customer’s property and all property supplied to the printer by
or on behalf of the customer shall while it is in the possession of the printer or in transit to or
from the customer be deemed to be at customer’s risk unless otherwise agreed and the
customer should insure accordingly.
(b) The printer shall be entitled to make a reasonable charge for the storage of any
customer’s property left with the printer before receipt of the order or after notification to the
customer of completion of the work.
15. Materials supplied by the customer (a) The printer may reject any film, disks, paper,
plates or other materials supplied or specified by the customer which appear to him to be
unsuitable. Additional cost incurred if materials are found to be unsuitable during production
may be charged except that if the whole or any part of such additional cost could have been
avoided but for unreasonable delay by the printer in ascertaining the unsuitability of the
materials then that amount shall not be charged to the customer.
(b) Where materials are so supplied or specified, the printer 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.
16. Insolvency Without prejudice to other remedies, if the customer becomes insolvent
(namely, being a company is deemed to be unable to pay its debts or has a winding up
petition issued against it or has a receiver, administrator or administrative receiver appointed
to it or being a person commits an act of bankruptcy or has a bankruptcy petition issued
against him) the printer shall 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. Any unpaid invoices shall become immediately due for payment.
17. General Lien Without prejudice to other remedies,in respect of all unpaid debts due from
the customer the printer shall have a general lien on all goods and property in his possession
(whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to
dispose of such goods or property as agent for the customer in such manner and at such
price as he thinks fit and to apply the proceeds towards such debts, and shall when
accounting to the customer for any balance remaining be discharged from all liability in
respect of such goods or property.
18. Illegal matter (a) The printer shall not be required to print any matter which in his opinion
is or may be of an illegal or libellous nature or an infringement of the proprietary or other
rights of any third party.
(b) The printer shall be indemnified by the customer 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 include (without limitation) any amounts paid on a lawyer’s
advice in settlement of any claim that any matter is libellous or such an infringement.
19. Periodical publications A contract for the printing of a periodical publication may not be
terminated by either party unless 13 weeks notice in writing is given in the case of periodicals
produced monthly or more frequently or 26 weeks notice in writing is given in the case of
other periodicals. Notice may be given at any time but wherever possible should be given
after completion of work on any one issue. Nevertheless the printer may terminate any such
contract forthwith should any sum due thereunder remain unpaid.
20. Force majeure The printer shall be under no liability if he shall be unable to carry out any
provision of the contract for any reason beyond his reasonable control including (without
limiting the foregoing): Act of God; legislation; war; fire; flood; drought; inadequacy or
unsuitability of any instructions, electronic file or other data or materials supplied by the
customer; 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
the customer may by written notice to the printer elect to terminate the contract and pay for
work done and materials used, but subject thereto shall otherwise accept delivery when
available.
21. Law These conditions and all other express and implied terms of the contract shall be
governed and construed in accordance with the laws of England.