Terms And Conditions Of Trading

1. Definitions In these Terms & Conditions (unless the context otherwise requires) the following expressions will have the following meanings: The Company means THE IMAGESETTING BUREAU, The Client means the company, firm or individual or agent thereof who contracts with The Company.

2. Illegal Matter (a) The Company shall not be required to produce any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietory or other rights of any third party. (b) The Company shall be indemnified by The Client 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 produced for The Client. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.

3. Customer's Property (a) Except in a case where The Client is not contracting in the course of business nor holding himself out as doing so, The Client's property and all property supplied to The Company by or on behalf of The Client shall while it is in the possession of The Company or in transit to or from The Client be deemed to be at The Client's risk unless otherwise agreed and The Client should insure accordingly. (b) The Company shall be entitled to make a reasonable charge for the storage of The Client's property left with The Company before receipt of the order or after notification to The Client of completion of the work.

4. Data Supplied In Digital Form Where any text, illustration or other matter is supplied to the The Company in any digital form such as magnetic disc, through a modem, ISDN, FTP or email and the data so received is not suitable for outputting on equipment normally adequate for such purposes without adjustment or other corrective action The Company may make a charge for any additional cost incurred thereby. In such circumstances The Company will take every care to secure the best results but shall not be responsible for (i) any imperfect work caused by the unsuitability of such data, and (ii) any delay in delivery occasioned by the additional work. All work is accepted on the understanding that The Client has taken precautions to retain all data on back up systems. Lazer pre-separated proofs, output on a Postscript, device must accompany any data supplied to The Company in digital form. Such proofs may be faxed if necessary, although the low resolution of fax devices should be taken into account where this is used for checking purposes. For each film to be output a hard copy proof must be supplied, hard copy proofs should be 100% size, these are to include the file name, colour, cropmarks, date, time and show register marks. Composite black and white or colour proofs are not acceptable for colour separated work. If for any reason hard copy proofs are not supplied The Company shall output these for approval by The Client. A charge will be made for this. The Client will be informed of this extra cost before proceeding further. Where The Company is instructed to output work from data supplied in digital form, without approved hard copy proofs, The Client shall be liable to pay for all work, (including films, digital proofs, Cromalin™ proofs, plates) even if the resulting output is incorrect.

5. Trapping The Client's trapping preferences will be used when producing film separations. The Company shall not be liable for incorrect trapping on output film separations where The Client has incorrectly setup the document trapping settings in files submitted to The Company for output. Film separations that require re-running due to incorrect trapping settings will be charged for at The Company's published prices. Trapping settings in the document will only be changed if specified by the client in writing, an extra charge will be made for this service.

6. Liability It is the responsibility of The Client to ensure that all films, proofs, plates, disks and data supplied in digital form are carefully checked immediately on receipt, whether collected by The Client or delivered direct to a third party. Where work is defective for any reason, including negligence, in so far as is permitted by law The Company's liability (if any) shall be limited to rectifying such defect.

7. Proofs and Copies It is the responsibility of The Client to proof check all text and associated artwork. Any additional work requested by The Client to add, delete or adjust in any manner artwork, proofs or films will not be commenced without The Client's written instructions and agreement to pay additional costs. The Company shall incur no liability for any errors not corrected by The Client in proofs submitted for The Client's approval.

8. Storage All artwork, proofs, printed work, films and magnetic data held by The Company may be destroyed after a period of 30 days following delivery of the work to which it is related unless written agreements are made to the contrary in which case a charge for archiving may be made.

9. Preliminary Work All preliminary work carried out whether experimentally or otherwise and whether complete or not, at The Client's request shall be charged for at The Company's published hourly rate.

10. Cancellation Of Order An order which has been confirmed and accepted by The Company shall not be cancelled by The Client without the written agreement of The Company.

11. Claims Except in a case where The Client is not contracting in the course of business nor holding himself out as doing so, claims in respect of defective work must be made in writing and by telephone to The Company within 2 days of delivery. The Company shall not be liable for claims made outside this period.

12. Prices And Surcharges The Client acknowledges the receipt of The Company's current price list. All prices are subject to a surcharge of 50% on work requested by The Client at less than 1 days notice.

13. Credit Terms Payment terms for goods and services are 14 days following the end of the month in which an invoice is issued. Any amounts still unpaid after this period may attract interest at the rate of 0.5% per week, such interest to become part of the total amount outstanding and payable immediately.

14. Non-Account Transactions All invoices for goods and services supplied to non-account clients are payable C.O.D.. Goods which are not collected and paid for after notice has been given that they are ready for collection shall be invoiced and payment shall become due immediately, the due sum being subject to interest at the rate of 0.5% per week from the date of invoice until the date of payment. Goods and Services shall be invoiced on completion of the work and if not paid within 7 days the sum due shall be subject to interest at the rate of 0.5% per week from the date of invoice until the date of payment.

15. Deposits In certain circumstances a deposit may be requested, this shall represent no less than 50% of the estimated total net cost, with the balance to be paid on pro-forma invoice at least four working days prior to collection or delivery of goods (if final payment is to be made by unconfirmed cheque), if the supply of goods or services by The Company is withdrawn due to circumstances beyond the reasonable control of The Company the deposit will be repaid in full immediately and no liability will be accepted.

16. Insolvency If The Client ceases to pay their debts in the ordinary course of business or cannot 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, The Company without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for The Client and be entitled to charge for work already carried out (whether completed or not) and materials purchased for The Client, such charge to be immediate debt due to The Company, and (ii) in respect of all unpaid debts due from The Client 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 14 days notice to dispose of such goods or property in such manner and at such price as it thinks fit and to apply the proceeds towards such debts.

17. Assignment The Client shall not assign any of their obligations or rights without the written agreement of The Company.

18. Delivery Whilst every effort is made to meet proposed delivery dates The Company does not guarantee delivery on any specific date or time and will not accept responsibility for any loss or delay however caused.

19. Courier And Postal Charges In circumstances where The Client is unable to collect goods, delivery may be arranged by The Company, in which case all Courier, Taxi, or other costs for the collection or delivery of goods, special delivery, postal and packing charges are all chargeable to The Client, together with an additional administration charge.

20. Force Majeure The Company shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its 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 the The Client may by written notice to The Company 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 terms of the contract shall be governed and construed in accordance with the laws of England.

22. Right to Change Terms The Company reserve the right to change any or all the above items and conditions at any time - The Client will be notified, and no work will be carried out until the new terms and conditions are accepted. Work in hand will be subjected to the terms and conditions in force at time of commencement of that work.

Postscript is a Registered Trademark of Adobe Inc. Cromalin is a Registered Trademark of DuPont.