Graeme Kelly, Ian Kelly and Peter John Kelly T/As Popi, hereinafter referred to as “Popi”.
PRICE VARIATION: estimates are based on Popi current costs of production and unless otherwise agreed are subject to amendment on or at any time after acceptance to meet any rise in such costs.
TAX: Popi reserves the right to charge the amount of any taxes, value added tax, duties or royalties etc. which are payable whether or not included on the estimate or invoice.
PRELIMINARY WORK: all work carried out, whether experimentally or otherwise, at the customers request shall be charged.
COPY: a charge may be made to cover any additional work involved where copy supplied is not clear, complete or legible.
PROOFS: proof copies of all work including photographs may be submitted for customers approval and Popi shall incur NO LIABILITY for any errors not corrected by the customer in proofs so submitted. Customer alterations and additions will incur further charges. When layout is left at Popi discretion any changes made thereafter will incur further charges.
COPYRIGHT: The customer shall be solely responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs, literatures, maps etc. The customer will indemnify the printer and his agents from any claim arising thereof.
COMPANY IMPRINT: unless otherwise specially requested in writing all work produced will carry our company imprint which will be positioned at our discretion.
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 providing full payment has been received by cleared effects. (b) no print work will commence until proof approval so submitted. Popi reserve the right not to start such print work until any such payments, in the case of cheques, have cleared our bank. (c) the responsibility for collection and or delivery of goods lies with the customer. Any carriage arranged by Popi is on the customers behalf and the printer is not liable for any delays arising out of that carriage. (d) should expedited delivery be agreed an extra charge may be made to cover any overtime or any other additional costs involved. (e) should work be suspended or delayed at the request or as a result of the customer or their agents for a period of more than 14 days Popi shall then be entitled to payment for all work already carried out, material specially ordered and other additional costs including, but restricted to, storage. (f) cheques returned to Popi will incur a handling charge of £20 per transaction. Popi reserves the right to notify any credit agencies when cheques are so returned. ACCOUNT TERMS 30 DAYS on approved accounts, else payment to be made on order or on delivery if agreed before hand.
COMPLETION DATES: all delivery dates/times given are approximate, unless a guaranteed delivery date has been agreed in writing and the appropriate guarantee payment received. All delivery dates given are approximate and are based ONLY on working days AFTER receipt of i) the final proof copies, ii) written authority to proceed. Popi reserve the right not to commence work until, in the cases of cheques, payment has cleared our banking system. Although every effort will be made to meet such approximate dates, due to the nature of the process Popi cannot accept any liability or consequential loss claims arising from such a completion date not being met other than to the extent of the refund of any premium charges which may have been paid.
VARIATION 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 or two colours and 5-10 per cent for work in full colour being allowed for overs or shortages the same to be charged or deducted.
CLAIMS: any query regarding the condition of goods supplied should be made to Popi verbally as soon as practicable and no later than 24 hours after the collection / receipt of the goods and confirmed in writing NO LATER than 5 working days after same. Any claim regarding non delivery must be made in writing within 10 days of the invoice date. No claims will be entertained that fall outside this time period.
LIABILITY: the printer shall not be liable for any loss to the customer arising from delays in transit not caused by the printer.
STANDING MATERIAL/ ARTWORK OWNERSHIP: All plates and associated products used by Popi shall remain their exclusive property. Such items supplied by the customer shall remain the customers property, such items being supplied by the customer entirely at their own risk. Popi reserve the right to destroy or dispose of any and all such products immediately after printing has been completed, with the exception of products supplied by the customer which will be retained, at the customers own risk, by Popi for a period not exceeding 1 month, such clause applying also to printwork not collected. All artwork produced remains the property of Popi, including all work needed in the preparation of your final images. Regarding animations and 3d renders, Popi strictly retain ownership of the work and the open files needed to create the end result and cannot release the open files under any circumstance. As the customer you are buying the end result only. Customers do not have any right to open files or artwork unless agreed that the job was for the supply of such items.
CUSTOMERS PROPERTY: all property supplied to Popi by or on behalf of the customer shall while it is in the possession of Popi or in transit to or from the customer or their agents be deemed to be at the customers own risk unless otherwise agreed by Popi in writing, such property should be insured accordingly by the customer. Whilst every care is taken Popi and his agents cannot accept any responsibility for loss or damage to any artwork, photographs, media storage, disk, literature or ANY other property supplied by the customer or their agents, any liability shall be limited to the replacement cost of the basic material to a maximum claim value of £50 (fifty pounds sterling)
MATERIALS SUPPLIED BY THE CUSTOMER: (a) Popi may reject any paper, plates or other materials supplied or specified by the customer which appear to him as unsuitable. Additional costs will be incurred if said defective materials cause an unreasonable delay to the printer. Under no circumstances may any inks or other consumable / chemical products be supplied by the customer or their agents. (b) Where materials are so supplied Popi will take every care to secure the best results, however responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified. (c) it shall be the customers sole responsibility to satisfy themselves of the suitability of ANY paper / card used, examples include, but are not restricted to: suitability of print for food use, suitability of paper for laser printers etc. Popi cannot accept responsibility for any claim arising from the unsuitability of printed products. The customer or their agents must also supply an adequate extra amount to cover normal spoilage and set up.
INSOLVENCY / ACCOUNTS: if the customer ceases to pay 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 or being a person which has an act of bankruptcy petition issued against him, Popi 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 and (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 on or not) and shall be entitled to 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 then proceeds towards such debts. ACCOUNTS: Popi will at their discretion determine whether a trade account will be opened after obtaining relevant references and bank opinions supplied by the customer. Accounts are normally available to council and government bodies and PLC companies and such work only undertaken on the provision of a duly signed purchase order. Such invoices are issued strictly on a 60 day account, Popi reserve the right to charge interest on overdue accounts and or to close accounts at any time, in such events all monies, whilst due or not becoming immediately payable.
ILLEGAL MATTER: (a) Popi shall not be required to print any matter which in its sole and final opinion is or may be of an illegal or libellous or inappropriate nature or an infringement of the proprietary or other rights of any third party, such conditions being extended to material of an extreme or political nature. (b) Popi reserves the right to refuse to print any matter which in his opinion may be prejudicial or detrimental to the good of Popi and or its agents. (c) Popi 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 any other proprietary or personal rights contained in any material printed for the customer and or their agents. The indemnity shall extend to any amounts paid on a lawyers advice in settlement of any claim.
SUITABILITY OF PRODUCTS: Popi accepts no responsibility as the suitability of any printed product. In cases where such printing may be used for clothing labels, food packaging etc it is the customers sole responsibility to ensure the suitability prior to printing, no claim will be entertained
FULL COLOUR PRINTING: every effort will be made to obtain the best possible colour reproduction on customers work but due to the nature of the process involved Popi shall not be required to guarantee an exact match in colour or texture between the printed results and any proof or existing copy so supplied. Pantone ink matches cannot be produced using the full colour process. Any proof copies issued are NOT colour accurate and are issued for content checking only.
RIGHT TO CANCEL: Popi reserve the right to cancel ANY order at ANY time without reason where such orders are cancelled any monies due will be refunded EXCLUDING any costs incurred as a result of work done on the instructions of the customer or their agents. Customer Cancellations: Orders cancelled after an on line payment or credit card payment has been made are subject to an administration charge of £18 – in ADDITION to any works carried out. Proofing that is provided with no charge is offset against the production costs, when orders are cancelled AFTER the proof has been supplied the original cost of of the setup / proof £13.00 1 colour £18.00 2 colour £33.00 full colour applies, in addition to any artwork / setup or printing costs incurred.
PRINTED RESULTS: Popi have no control over the production of artwork supplied by customer and or their agents, the guide produced by Popi is a basic guide only and in no way provides an exhaustive or guaranteed result, where customers or their agents supply artwork for print on disk or via any other means this is done entirely at the customers own risk, Popi can accept no responsibility for the quality of the printed product.
USE OF ARTWORK: Popi reserve the right to use any design and artworks created by popi or adapted from customers’ supplied artwork, for any purpose including but not limited to self promotion, cross-selling or adapting for use for other customers. Popi endeavour to keep available any artworks and reserve the right to charge for de-archiving and resupplying.
STOCK VIDEO USAGE: Video projects may include stock library video or templates acquired from a third party provider. By purchasing a video from Popi you are agreeing to a sublicense of the license rights from our stock library provider. The sublicense is granted on condition that use of the Item is limited to that use which is necessary in order to use the End Product, so the Item must not be extracted, reproduced or used in any other way (the Limited Sublicense). Items Incorporated Into End-Products Cannot be Extracted or Used Separately. Popi will use stock libraary assets to create and supply you with an end-product. You cannot allow items incorporated into end-products to be extracted or used separately from the end-product. You must take all reasonable steps to prevent this from happening and inform any client who the project is for of their responsibilities in relation to this. For the full license terms please click here.
FORCE MAJEURE: Popi shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control including, but not limited to: staff illness, act of god, legislation, war, terrorist activity, fire, flood, drought, failure of power, mechanical / machinery failure, lock out, strike or other action taken by employees in contemplation of furtherance of a dispute or owing to any liability to procure material required for the performance of the contract. During the continuance of such contingency the customer may by written notice to Popi elect to terminate the contract and pay for work done and material used, but subject thereto shall otherwise accept delivery when available.
TERMS AND CONDITIONS: these terms and conditions are those which any order or contract is founded upon and supercede any Terms and Conditions issued by the customer or their agents prior to or after the placing of any order.
LAW: These conditions and all other express Terms of the Contract shall be governed and construed in accordance with laws of Scotland. These Terms are available in printed format on request – E&OE.
