Barley House Agency Terms

1. DEFINITIONS: “(The) Company” – Barley House Agency. “(The) Customer” – The person or firm purchasing from the Company “(The) Goods” – The products or services supplied by the Company

2. By ordering Goods from the Company, the Customer will be deemed to agree to these conditions. Any conditions other than these conditions are expressly excluded except where otherwise agreed by the Company in writing.

3. Estimates are based on the Company’s current cost of materials involved in 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.

4. Any discounts offered are subject to compliance with the Company’s Terms of Payment. In the event of a Customer failing to make payment in full within the specified time, the Company reserves the right to charge the full amount for any Goods supplied to the Customer.

5. The Company reserves the right to charge the amount of any Value Added Tax payable whether or not included on the estimate or invoice.

6. All work carried out, whether experimentally or otherwise, at the Customer’s request shall be charged.

7. Proofs of all work may be submitted for Customer’s approval and the Company shall incur no liability for any errors not corrected by the Customer in proofs so submitted. Customer’s alterations which differ from original copy, and additional proofs necessitated thereby shall be charged extra unless otherwise agreed. When style, type or layout is left to the Company’s judgment, changes therefrom made by the Customer shall be charged extra unless otherwise agreed.

8. (a) Unless otherwise specified the price quoted is for delivery of the work to the Customer’s address, or as set out in the estimate. A charge may be made to cover any extra costs involved in delivery to a different address.

(b) Should an order be cancelled at any stage of production the Company shall be entitled to charge fully all costs incurred, full loss of profit and any other damages resulting from the breach of contract.

(c) All delivery dates are estimates only and the Company shall not be liable for any loss or expense suffered by the Customer as a result of failure to meet any delivery date. Where work is defective for any reason, the Company’s liability (if any) shall be limited to rectifying such defect.

9. (a) Until the Company has been paid in full, any goods supplied to the Customer remain the property of the Company although the risk passes to the Customer at the point of delivery.

(b) If the Customer fails to pay for any Goods on or before the due date or commits any act of bankruptcy or if any resolution or petition to wind up the Customer’s business shall be passed or if a Receiver of the Customer’s undertaking is appointed, the Company may recover possession of Goods supplied at any time from the Customer and for that purpose the Company, it’s servants or agents may enter upon any land or building upon which the Goods are situated.

10. The Customer shall make payment in full without any deduction or withholding on any account within thirty days of the end of the month in which the invoice is dated. If payment is not received in full when due the customer shall pay interest on the unpaid amount at a rate per annum which is 5% above the Lloyds Bank Plc base lending rate from time to time. An administration fee of £40 will be charged for each invoice that remains unpaid within the agreed payment terms. Should any invoice not be paid to our terms and we are forced to take court or legal action to enforce payment then we will make an administrative charge of £65 per hour for the time spent in relation to the legal process.

11. It is the express and sole responsibility of the Customer to ensure that any materials produced do not infringe any copyright or commit any act of slander or libel. The customer shall indemnify the Company against any action against the Company for infringement of Copyright, intellectual property or clash of slander or libel. In the case of photography or video photography, it is the responsibility of the Customer to ensure that the person or location used are done with the consent of the person, persons or owners of property. The customer will be solely and express liable for any costs incurred by the company in respect of any claims including but not limited to penalties, court fees, legal fees and administrative costs.

12. The copyright of all design, artwork, photography and digital video photography shall remain with the Company unless otherwise agreed in writing.

13. Every endeavor will be made to supply the correct quantity ordered, but estimates are conditional upon margins of plus or minus 10 per cent – the same to be charged or deducted on a pro-rata basis in accordance with the original quotation. But such quantity tolerances are negotiable on quantities in excess of 100,000 units or 5 tonnes of material whichever is the lesser, subject to such negotiations taking place prior to placement of order. b) Dimensions with regard to solid board and paper products are subject to a tolerance of plus or minus 1mm. Dimensions with regard to corrugated board and foam packaging are subject to a tolerance of plus or minus 3mm. c) Solid board caliper is subject to plus or minus 10% unless specified otherwise. d) Materials equivalent or greater strength maybe substituted to those quoted or used previously at the companies’ discretion. e) When applying the EAN symbol or any other code on packaging the supplier undertakes to apply the symbol or code according to the specifications and in addition to respect the general requirements for application of the symbol code. No liability is incurred concerning the readability of the symbol or code.

14. Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the Company and the carrier within three clear days of delivery (or, in the case of non-delivery, within 14 days of dispatch of the goods). All other claims must be made in writing to the Company, within 14 days of delivery. The Company 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 requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.

15. Materials owned by the Company and used in production shall remain the Company’s exclusive property. Such items when supplied by the Customer shall remain the Customer’s property.

16. Materials such as artwork, printing plates, proofs, blocking dies and cutting formes supplied by the Company will be chargeable. If supplied by the customer any necessary alterations / additions will be chargeable. Where materials are supplied by the customer, the Company may reject any materials supplied or specified by the customer if in the opinion of the Company that such materials are unsuitable or substandard.  Additional costs maybe incurred if it is found materials supplied are unsuitable during production.  The Company is entitled to claim for damage to its own tools, materials and machinery due to inferior materials supplied. Materials supplied should be sufficient to cover normal spoilage.  Additional costs maybe incurred if the materials supplied are not to the specification requested by the company in respect of grip and lay edges and dimensions.  Materials supplied are held at customers risk whom should insure accordingly.

17. Materials supplied by the customer for use in production shall remain at the customer’s risk and should be insured accordingly. No liability will be accepted for loss or damage to customer’s materials howsoever caused.

18. Where the Company stores or arranges storage of completed goods, risk shall pass to the customer at the time of invoice and insurance should be arranged by the customer accordingly. No liability will be accepted by the Company for loss or damage to stored goods howsoever caused.

19. Where materials are supplied by the Customer, the Company will take every care to secure the best possible results, but responsibility will not be accepted for imperfect work caused by defects in materials so supplied.

20. Errors or omissions are subject to correction.

21. Where the Customer is charged on a monthly basis for services, the minimum period of the initial contract will be deemed to be 12 months from date of commencement unless otherwise expressly agreed in writing by the Company. Thereafter the contract may be cancelled with a two month notice so long as notice is served in writing unless otherwise agreed by The Company.

22. Any failure by the Company to enforce any or all of theses Conditions shall not be construed as a waiver of any of the Company’s rights hereunder.

23. The Company shall be entitled without the prior consent of the Customer to subcontract the whole or any part of the contract or to employ any independent contractor to perform its obligations under the contract and in so doing none of the obligations accepted hereunder by or the rights conferred on the Company shall in any way be negated or varied.

24. Should any term in this Contract be held invalid such invalidation shall not affect the validity of the remaining terms.

25. The company shall be under no liability if they are unable to carry out any provision of the contract for any reason beyond his control including (without limiting the forgoing) 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 secure materials required for the performance of the contract. During the continuance of such contingency the customer may by written notice to the company elect to terminate the contract and pay for the work done and materials used, but subject there to shall otherwise accept delivery when available.

26. These conditions and all other express terms of the contract shall be governed and construed in accordance with the Laws of England.