TRT terms of delivery

Tallinna Raamatutrükikoda’s “General printing terms and conditions” are based on the General Terms of Delivery of the Printing Industry (Trükitööstuse Üldised Tarnetingimused of ETTL from 26.09.1996). In case of any contradictions between the Terms of Delivery and these terms and condition these terms and conditions take precedence, unless otherwise agreed by the parties.

DEFINITIONS
Client – a person asking for a price quote or a cost calculation, ordering a product or a service
Principal - Tallinna Raamatutrükikoda
Party – client or principal, jointly the parties
Production – the product made by the principal upon the client’s order (book, printed advertisement etc.) or treatment of a product (laminating, binding etc.)

1. OFFER
1.1. The principal’s offer given in response to the client’s enquiry must be drawn up in writing.
1.2. The offer remains effective for 30 days from the date of presenting the offer.
1.3. The answer to the offer, containing improvements, restrictions or proposals shall not be binding for the principal, but shall be considered as the client’s counter-offer (updated enquiry).
1.4. The principal shall, upon the client’s request, confirm the approval of the order that may derive from accepting the offer.
1.5. In case layouts and samples are ordered from the principal that are outside the ordinary offer the client shall be obliged to compensate the relevant costs incurred by the principal (based on market prices) also in case the client backs out of the order.
1.6. The proposals, drawings, layouts or other preparatory materials annexed to the enquiry and the offer shall be the property of the sender and the other party shall have no right to use them for another purpose in their own interests or to give them into the disposal of third persons.

2. PRICE
2.1. Prices are given exclusive of VAT, unless exceptionally agreed otherwise.
2.2. In case the price has been given in a foreign currency, it shall be based on the exchange rates applicable on the day of presenting the offer, unless otherwise stated in the offer.
2.3. The principal shall have the right to add to the agreed price the costs arising out of:
2.3.1. the lacking quality of the client’s presented materials;
2.3.2. those client’s amendments and changes the client has made outside of the layout;
2.3.3. any delays on the client’s side;
2.3.4. the client’s additional requests – impressions, composition, print or colour samples;
overtime etc., performed upon the client’s request.
2.4. Transport and storing costs shall be borne by the client, unless agreed otherwise.


3. ORDER
3.1. The order shall be given into work with the client’s ordering letter (specification) and/or in accordance with the base information contained in the principal’s offer.
3.2. The order shall be fulfilled in accordance with the written agreement concluded between the client and the principal or in accordance with the order form signed by the client (annex 1), unless the parties have agreed otherwise.

4. DEFICIENT AND DEFECTIVE PRODUCTION
4.1. In case the exact production quantity has not been agreed separately the actual run may differ from the ordered run by up to 5%.
4.2. Payment for the difference between the agreed and actual printruns (price increase or price reduction) is carried out in accordance with the terms and conditions of the offer.
4.3. The client shall have the right to demand a price discount in case of defective production, if the nature of the defect is such that the client cannot utilise the production fully according to its original purpose.
4.4. The principal shall have the right to correct defects or to replace defective production.
4.5. The client shall have no right to demand price discounts on defective production or to reject the production in case
4.5.1. the defect results from incomplete (or defective) original material or the client’s amendments that can be interpreted in various ways, or from a defect that has not been corrected on the impression (sample) approved by the client;
4.5.2. there is an insignificant deviation from the given colour impression or paper sample, the approved sample or other such. Paper shall be considered to meet the sample, if it bears the same paper industry type mark as the sample. In case no sample impression was made the colour balance shall be the liability of the client.

5. COMPENSATION FOR DAMAGES
5.1. The principal’s liability for non-approved production (returned to the principal) is limited to replacing it under the agreement or to returning the price under the agreement.
5.2. The principal shall not be liable for any indirect damages caused to the client, like loss of profit, interruptions in the client’s economic activities or damages caused to third persons.

6. COMPLAINT
6.1. The client shall have the right to present complaints on the principal’s defaults
6.1.1. upon delays in the completion of production within 4 days from when the client learnt thereof;
6.1.2. upon serious defects in the production within 8 days from receiving the production (or from the time the client should have received the production under the agreement or should have inspected it on the spot). Defective production must be returned to the principal within 14 days.
6.2. Production that is allegedly of unacceptable quality must be inspected in the presence of both parties, whereas the results of the inspection must be stated in a relevant certificate.

7. FORCE MAJEURE
Strike, work stoppage, fire or other overwhelming obstacle beyond the principal or subcontractor’s control shall exempt the principal from keeping to the deadlines. Lack of workforce or raw materials, machinery failure, legal acts or other extraordinary and serious reasons beyond the principal or the subcontractor’s control that could not have been foreseen shall also entitle the principal to extending the deadlines.
In case any of the aforementioned circumstances technically or economically impairs the completion of the agreed work to the extent that the original interests of the client or the principal or both in regards to the results of the order would remain unfulfilled in a significant extent, or continuing with the fulfilment of the order would be unreasonably difficult for either party, the principal shall have the right to terminate the offer or the agreement in full or in the outstanding part. In such case the client shall have no right to demand compensation for damages incurred, except for return of property given into the use of the principal.

8. PAYMENT TERMS
8.1. Unless otherwise agreed the payment term shall be 30 days from the invoice date or on agreed dates in accordance with the completion of the order.
8.2. In case the completion of the production is delayed due to the client’s fault, the principal may from the agreed production completion deadline present partial advance invoices according to actual costs incurred.
8.3. In case the client fails to keep to the payment term, the principal shall have the right to charge a fine for delay in the amount of 0.5% of the outstanding amount for every day of delay.
8.4. In case the client is negligent in regards to the obligation of payment for the production
8.4.1. the principal shall have the right to withhold the production or original materials in the principal’s possession until full payment is made;
8.4.2. the principal shall have the right to sell the production at the principal’s own discretion starting from the second month after the payment deadline; the sales revenue received shall be deducted from the client’s debt to the principal.
8.5. The principal shall have to give the client prior notice of withholding or selling the production;
8.6. In case the completion of the production is delayed due to the principal’s fault, the client shall have the right to charge a price discount in the amount of 0.5% of the cost of the unfinished production for every day of delay.

9. PROPRIETARY RIGTHS AND LIABILITY
9.1. The work tools, films, computer programmes and other auxiliary materials acquired or produced by the principal for completing the production shall be the property of the principal.
9.2. Printing plates, separation films and other materials ordered by the client as finished production shall be the property of the client.
9.3. The materials given into the use of the principal by the client for completing the production shall be the property of the client, which the principal shall return to the client in case the request for their return is presented within 3 months from the completion of the production, except in the case described in clause 8.4.
9.4. The client shall be liable for the production from the moment of acceptance. The proprietary rights to the production shall pass to the client upon full payment of the price of the production, unless agreed otherwise. The moment of delivery shall be the time when the client or a person authorised by the client accepts or should have accepted the production under the agreement.
9.5. The principal shall store the materials given into the principal’s use by the client for 3 months after the completion of the production, unless agreed otherwise, and their transport will be organised and paid for by the client.
9.6. In case the materials trusted into the care of the principal are of high value the client shall be obliged to give the principal prior notice thereof.
9.7. The principal shall not be liable for legal relationships between the client and a third person (copyrights, proprietary relationships etc.) or for the client’s obligations deriving from the law.

10. INSURANCE
In case the client wishes to insure the material used or the production, the client shall cover the insurance payment.

11. GENERAL PROVISIONS
11.1. The client shall be liable for instructions given and changes ordered over the phone.
11.2. The delivery of the notices between the parties shall be the liability of the sending party.
11.1. For fulfilling the obligation of mandatory copies under the law the principal shall withheld the mandatory copies from the ordered production print run and give them to the designated person at the client’s expense.
11.4. In case of any contradictions between the general printing terms and conditions and the special terms and conditions of a specific order the special terms and conditions agreed between the parties shall take precedence.

12. SETTLEMENT OF DISPUTES
Any disagreements between the principal and the client shall be solved upon agreement between the parties or, in case no agreement can be reached, in accordance with the applicable legislation.