Please take a few minutes to read this through, as it sets out our basic terms and conditions. If anything is unlear, please feel free to contact us.1 – Price VariationEstimates are based on Anderson Property Communication's current costs of production and materials and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any variation in such costs. An estimate for work required will be prepared and the client asked to agree to this in writing.
2 – Tax
Anderson Property Communication reserves the right to vary the amount of any Value Added Tax or other duty payable, whether or not included on the estimate or invoice.
3 – Preliminary Work
All such work carried out, whether experimentally or otherwise, at the client's request shall be chargeable unless otherwise stated before commencement.
4 – Text
A charge may be made to cover any extra work involved where text supplied is not clear and legible or correct.
5 – Proofs
5.1 Proofs of all work may be submitted for client approval and Anderson Property Communication shall incur no liability for any errors not corrected by the client in proofs so submitted. Client's alterations and additional proofs necessitated thereby shall be chargeable. When style, type or layout is left to Anderson Property Communication's judgement, changes therefrom made by the client shall be charged extra.
5.2 Anderson Property Communication takes reasonable care at all times to ensure that its work is correct, free from defects and as required by the client. However if proofs are submitted to and approved by the client without any errors being brought to the attention of Anderson Property Communication, Anderson Property Communication shall incur no liability or consequential loss arising therefrom.
6 – Initial Payments
Anderson Property Communication reserves the right to request an initial payment on any order and to commence work on the order only when in receipt of cleared funds. The amount of any such payment is to be agreed between Anderson Property Communication and the client.
7 – Sub-contracting
Anderson Property Communication reserves the right to carry out any order by sub-contracting.
8 – Delivery and Payment
8.1 Unless otherwise specified, the price quoted is for delivery of the final work to the client's address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to different addresses.
8.2 Should expedited delivery be agreed, an extra charge may be made to cover any extra time or any additional costs involved.
8.3 Should work be suspended at the request of, or delayed through any default of, or cancelled by the client, Anderson Property Communication shall then be entitled to payment for work already carried out, materials specially ordered, and other additional costs including storage.
8.4 Responsibility for completed work will pass from Anderson Property Communication to the client upon notification that the work is completed, or upon dispatch from Anderson Property Communication's premises or those of its suppliers, whichever is earlier.
8.5 Schedules of timings are stated as accurately as possible, but are not guaranteed and are subject to extension to cover delay caused by events beyond Anderson Property Communication's control.
9 – Terms of Payment Payment is due 14 days from date of invoice, unless otherwise stated. Invoices unpaid after this time may attract interest at 8% over prevailing base rates.
10 – Marketing and Social Media Anderson Property Communication reserves the right to use completed work for its own marketing purposes including display on its own websites, dissemination by electronic or physical means including social media platforms, and any other appropriate means. No fee will be payable to the client for this use. Anderson Property Communication undertakes not to disseminate any material before it has been signed off by the client.
11 – Claims
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Anderson Property Communication and the carrier within three clear working days of delivery (or, in the case of non-delivery, within 28 days of dispatch of the goods). Any claim in respect thereof must be made in writing to Anderson Property Communication and the carrier within seven clear working days of delivery (or, in the case of non-delivery, within 42 days of dispatch). All other claims must be made in writing to Anderson Property Communication within 28 days of delivery. Anderson Property Communication shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the client proves that (a) it was not possible to comply with the requirements and (b) advice (where required) was given and the claim made as soon as reasonably possible.
12 – Consequential LossAnderson Property Communication shall not be liable for any consequential loss incurred by the client in the event of late or non-delivery. Where defective goods have been supplied by Anderson Property Communication liability shall be restricted to the correction of such goods.
13 – Standing Material
13.1 Electronic files, computer code, artwork, magnetic media, photographs and other materials owned by Anderson Property Communication and used by Anderson Property Communication in the production of designs, artwork, plates, blocks, computer processing etc., shall remain its exclusive property. Such items when supplied by the client shall remain the client's property. Whilst reasonable care is taken of physical items and electronic files, no responsibility for loss or damage, howsoever caused, can be accepted (see Insurance). (Subject to clause 13.)
13.2 Although we normally retain all material associated with a particular order, plates may be destroyed and magnetic media overwritten immediately after the order is finished unless written arrangements are made to the contrary. In the latter event, a fee may be charged for storage, and no responsibility for loss or damage, howsoever caused, can be accepted by Anderson Property Communication (see Insurance).
14 – Insurance Anderson Property Communication's liability in its own property ceases when the work is either dispatched or upon the date of invoice to the client, whichever is the earlier, and the client is responsible for insurance on such property from that time. Anderson Property Communication will not be liable for loss, damage or theft to any data held on magnetic media, film, plates, paper or material belonging to the client howsoever caused. Liability to insure such items on Anderson Property Communication's premises rests with the client. Anderson Property Communication shall not be liable for any consequential loss.
15 – Title and Risk
15.1 The risk in the goods passes to the client as in clauses 8, 11 and 12.
15.2 Title in all goods sold under these conditions shall be retained by Anderson Property Communication until payment in full of the purchase price together with payment in full of the price of any other goods which are the subject of any other contract between Anderson Property Communication and the client. Until such payment the client shall hold the goods in such a way as to be identifiable as the property of Anderson Property Communication and as bailee on behalf of and in a fiduciary capacity for Anderson Property Communication.
15.3 In the event of any disposal of the goods by the client prior to payment in full of the purchase price the client shall hold the proceeds of the sale in a fiduciary capacity for Anderson Property Communication. Such proceeds of sale shall be placed in a separate account of the clients to be identifiable as the property of Anderson Property Communication. Any such sub-sale by the client shall as between the client and Anderson Property Communication be effected by the client as agent for Anderson Property Communication but as between the client and the sub-purchaser shall be effected by the client as principal.
15.4 If goods the property of Anderson Property Communication are combined or mixed with goods that are the property of the client or are processed with or incorporated therein the product thereof shall become and shall be deemed to be the sole and exclusive property of Anderson Property Communication until payment in full by the client of the purchase price of the goods. Anderson Property Communication shall have full power and title to dispose of and sell such combined goods provided that Anderson Property Communication having first applied the proceeds received from the sale of the combined goods in satisfaction of the outstanding balance of the price owed to it by the client shall account for the remainder to the client.
15.5 In the event of non-payment by the client by the due date Anderson Property Communication shall be entitled in addition to any and all other rights available to it to enter any premises where the goods may be and to recover possession of them.
16 – Copyright
16.1 The copyright and ownership remains with Anderson Property Communication on all original electronic media, files, source code, artwork and designs produced by Anderson Property Communication, and all illustrations and commissioned photography, unless otherwise agreed in writing. On payment of fees due for work completed, the client is granted licence to use the commissioned work for the purposes agreed without any additional fees. Any further use of this material by the client not covered by the original purchase order must be agreed with Anderson Property Communication in writing. Any copyrights not held by Anderson Property Communication, but for which agreement has been obtained (a fee paid) for the use of said material, Anderson Property Communication will not be held responsible if the client chooses at his or her own discretion to break any said copyrights.
16.2 Anderson Property Communication gives no warranty or assurance in any form, express or implied, that any original, new, or replicated designs will not either infringe any third party rights or comply with any relevant regulatory or statutory controls. It is for the clients of Anderson Property Communication to carry out their own investigations in this regard and/or to provide Anderson Property Communication with the necessary information. Also in so becoming a client of Anderson Property Communication the client fully indemnifies Anderson Property Communication against any legal action and subsequent judgements that may arise from the above point.
17 – Client's PropertyClient's property and all property supplied to Anderson Property Communication by or on behalf of the client shall, while it is in the possession of Anderson Property Communication or in transit to or from the client be deemed to be at client's risk and the client should insure accordingly.
18 – Materials Supplied by the Client
18.1 Anderson Property Communication may reject any photographs, illustrations, paper, plates or other materials supplied or specified by the client which appear to it to be unsuitable. Additional costs incurred if materials are found to be unsuitable during production will be charged except that if the whole or any part of such additional cost could have been avoided but for reasonable delay by Anderson Property Communication in ascertaining the unsuitability of the materials then that amount shall not be charged to the client.
18.2 Where materials are so supplied or specified, Anderson Property Communication 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.
18.3 Quantities of material supplied shall be adequate to cover normal spoilage.
19 – Insolvency
If the client ceases to pay his or her debts in the ordinary course of business, or cannot pay his or her 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 commits an act of bankruptcy or has a bankruptcy petition issued against him or her, Anderson Property Communication without prejudice to other remedies shall:
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 an immediate debt due to him or her, and
In respect of all unpaid debts due from the client have a general lien on all goods and property in Anderson Property Communication's 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.
Have the right to enter the client's premises and recover goods which have not been paid for.
20 – Illegal Matter
20.1 Anderson Property Communication shall not be required to produce any matter which in its opinion is or may be of an illegal, immoral or libellous nature or an infringement of the proprietary or other rights of any third party.
20.2 Anderson Property Communication shall be indemnified by the client in respect of any claims, costs and expenses arising out of any libellous or immoral matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the client. The indemnity shall extend to any amount paid on a lawyer's advice in settlement of any claim.
21 – Force Majeure
Anderson Property Communication 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 following) Act of God, legislation, war, fire, flood, drought, failure of power supply, lockout, strike or other action taken by employees or sub-contractors 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 client may by written notice to Anderson Property Communication elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
22 – Law
These conditions and all other express terms of the contract shall be governed by and construed in accordance with the laws of England and Wales.
Terms & conditions updated July 2024.
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Information updated July 2024.
