Terms & Conditions
These Conditions shall apply to all goods and services supplied byRocket Creative. Any provision, stipulation or condition in the conditions oforder of the person, firm or company to whom such goods and services aresupplied (‘the customer’) or otherwise which conflicts with or in any wayqualifies or negates any of these Conditions shall have no effect and theseConditions shall prevail.
1. Charges, Estimates and VAT
(a) The Company shall charge such costs and expenses as shallbe agreed in writing with the customer for the supply of any goods andservices.
(b) Any estimates given are based on the Company’s currentcosts of production and, unless expressly otherwise agreed in writing aresubject to amendment on or at any time after acceptance by the customer tocover any rise or fall in such costs.
(c) Unless otherwise stated all costs, charges and expensesare exclusive of Value Added Tax.
2. Additional Charges
Rocket Creative reserves the right to make additional charges in respect of allcosts charges and expenses incurred by Rocket Creative beyond normal allowancesincluding but not limited to those caused by or arising out of:
(a) copy supplied not being clear and legible;
(b) author’s corrections or other work not specified in theestimate;
(c) overtime working by Rocket Creative’s staff orsubcontractors;
(d) additional use of fax, telex, couriers and similarfacilities; and
(e) additional or expedited deliveries, packing or mailing.
3. Preliminary Work
All preliminary work carried out at the Customer’s request, whetherexperimentally or otherwise, shall be charged to the Customer.
4. Terms of Payment
(a) Rocket Creative reserves the right:
(i) to invoice the Customer for disbursements (including but not limited topostage) incurred by Rocket Creative and any such invoice shall be due andpayable immediately;
(ii) to require the Customer to provide payments on account for work done or tobe done and expenses incurred or likely to be incurred on the Customer’sbehalf;
(iii) to suspend work until such payments are made.
(b) All other invoices shall be paid in full within thirty days of the date ofthe invoice unless otherwise agreed in writing.
(c) Without prejudice to any other remedy available to it Rocket Creative shallbe entitled to charge interest on overdue invoices at the rate of 8 per centper annum above the National Westminster Bank Plc base rate from time to timein force and such interest shall accrue at such rate after as well as beforejudgement.
(d) Goods or services supplied to or commenced at the request of an agent forthe Customer shall be chargeable to that agent as well as to his principal
5. Proofs
Proofs of all work may be submitted for the Customer’s approval and RocketCreative shall not be liable for errors not corrected by the customer in suchproofs. The Customer’s alterations and additional proofs necessitated therebyshall be charged as additional charges. When style, type or layout is left toRocket Creative’s judgement, changes therefrom made by the Customer shall becharged as additional charges. No responsibility will be accepted for anyerrors in proofs approved by Rocket Creative.
6. Variations in Quantity
Rocket Creative will endeavour to deliver the correct quantity ordered butestimates are conditional on margins of 5 per cent for work in one colour onlyand 10 per cent for other work being allowed for over’s or shortage which shallbe charged or deducted as appropriate.
7. Property and Risk in Goods
(a) The customer shall be deemed to have accepted the goods and services ondelivery but Rocket Creative shall retain ownership of all materials and goodsproduced by it to the order of the customer until all goods and servicesprovided to the Customer have been paid for in full.
(b) The risk in the goods shall pass to the customer upon delivery which forthe avoidance of doubt means from the commencement of unloading activities orwhen collected from Rocket Creative by the Customer or its Agent as the casemay be.
(c) Metal film, electronic data and other materials owned by Rocket Creative orits supplier and used by Rocker Creative for example in the production of filmsetting, negatives, positives, plates etc shall remain the exclusive propertyof Rocket Creative or its supplier as the case may be.
(d) Any material made available to Rocket Creative by or on behalf of theCustomer shall, while it is in the possession of Rocket Creative or in transit,be at the Customer’s risk and Rocket Creative shall not be liable for any lossor damage to such materials however caused and the Customer shall insure thesaid material accordingly.
(e) (i) Electronic data may be erased from memory and lithographic, or otherwork effaced immediately after the order is completed unless written arrangementsare made to the contrary, whereupon a storage fee may be charged to theCustomer.
(ii) Rocket Creative shall be entitled to destroy any other materials suppliedto it by or on behalf of the Customer upon the earlier of 12 months after theycome into the Company’s possession or one month after written notice has beengiven by Rocket Creative to the Customer.
(f) Rocket Creative shall be entitled to make a reasonable charge for thestorage of any Customer’s property left with Rocket Creative before receipt ofthe order or after notification to the Customer of completion of the work.
8. Materials Supplied by the Customer
(a) Rocket Creative may reject any paper, disks, plates or other materialssupplied or specified by the Customer, which appear to Rocket Creativeunsuitable. Additional costs incurred if materials are found to be unsuitableduring production may be charged to the Customer.
(b) Where materials are so supplied or specified by the Customer, RocketCreative will take every reasonable care to secure the best results, butresponsibility will not be accepted for imperfect work caused by defects in orunsuitability of materials so supplied or specified.
(c) Quantities of materials supplied shall be sufficient to cover normalspoilage.
(d) Any additional costs incurred by Rocket Creative where disks, etc. aresupplied by the Customer without adequate instructions, that result inre-running may be at the discretion of Rocket Creative be charged to theCustomer.
9. Periodical Publications
A contract for the printing of a periodical publication shall not be terminatedby either party unless 13 weeks notice in writing is given in the case ofperiodicals produced monthly or more frequently or 26 weeks notice in writingis given in the case of other periodicals. Such notice may be given at any tiebut whenever possible should be given after completion of work on any oneissue.
10. Indemnity and illegality
(a) Rocket Creative shall not be required to print any matter, which in itsopinion is or may be of an illegal or libellous nature or an infringement ofany proprietary or other right of any third party.
(b) The Customer shall indemnify Rocket Creative and keep it indemnifiedagainst all or any costs, claims, damages, demands and expenses (includinglegal costs) which may be incurred by or made against Rocket Creative by anythird party by reason of the supply of Rocket Creative’s goods or services inaccordance with the Customer’s instructions.
11. Claims against Rocket Creative
(a) Rocket Creative reserves the right at any time to alter its productspecification without giving prior notice to the Customer.
(b) Rocket Creative shall not be liable to the Customer for any damage togoods, delay in delivery or loss or partial loss of goods in transit unless theCustomer notifies Rocket Creative in writing within seven days of deliveryfailing which the goods shall be conclusively deemed to have been accepted bythe Customer.
(c) In any event Rocket Creative shall not be liable for any consequential losshowever arising.
12. Insurance
The Customer shall be responsible for effecting all necessary insurance inrespect of any loss, damage or expense that it may suffer directly in relationto the provision or non-provision of Rocket Creative’s goods and services.
13. Suspension and Termination
Rocket Creative shall be entitled:
(a) to suspend its performance of the contract if and for so long as thecustomer shall be in breach of any of it’s obligations; and
(b) to determine the contract without notice in the event of bankruptcy,insolvency or liquidation of the Customer at any time for the levying of anydistress, execution or other legal process upon the Customer’s assets or in theeven of a receiver being appointed over all or any part of Rocket Creative’sassets or in the event of a continuing breach by the Customer of any of itsobligations.
14. Waiver
The waiver or non-enforcement by Rocket Creative of any breach of contract ornon-observance of any of these Conditions shall not prevent the subsequentenforcement of these Conditions in full and shall not be deemed a waiver of anysubsequent breach.
15. Force MaJeure
Rocket Creative shall not be liable for any delay or failure to perform any ofits contractual obligations as a result of war, flood, storm, riot, fire,accident, civil commotion, acts of god, government action, failure of powersupply, equipment failure, lock out, strike, default or failure ofsubcontractor or suppliers or any other cause beyond its reasonable control andRocket Creative shall not be liable for any loss, damage or expense suffered bythe Customer or any third party arising directly or indirectly from any suchmatters.
16. Variation
(a) These Conditions shall not be varied, waived or modified except in writingunder the hand of a duly authorised officer of Rocket Creative.
(b) These Conditions override any differing conditions, which may appear on theCustomer’s order form or other document.
(c) Rocket Creative reserves the right to vary these Conditions from time totime subject to giving prior written notice to the Customer.
(d) Any provision of these Conditions, which is or may be void or unenforceableshall to the extent of such invalidity or unenforceability be deemed severableand shall not affect any other provision of these Conditions.
(e) The headings used herein are for convenience only and shall not affect themeaning or construction of these Conditions.
17. Notice
Any notices required to be given under these Conditions shall be in writing andshall be served by prepaid first class letter addressed to the party to whichit shall be sent at its principal place of business or such other address asmay have been notified pursuant to this provision to the party giving thenotice and shall be deemed to be delivered 48 hours after posting.
18. Proper Law and Jurisdiction
These Conditions shall be governed and construed according to English Law andthe parties irrevocably submit to the non-exclusive jurisdiction of the EnglishCourts.
Rocket Creative Ltd, Suite 11 Mobbs Miller House, Ardington Road, Northampton,NN1 5LP. Tel: 01604 250900 Email: info@rocket-creative.com
Whilst every effort has been made to ensure the information on this document iscorrect, Rocket Creative takes no responsibility for errors, omissions ormisleading statements contained within this document.
PLEASE PRINT, SIGN AND SEND BACK TO:
Rocket Creative Ltd, Suite 11 Mobbs Miller House, Ardington Road, Northampton,NN1 5LP
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