1. DEFINITIONS
In these conditions (unless context otherwise requires) "Contract" shall mean the contract between the Company and the Customer for the supply of Work, and these terms and conditions "Company" shall mean J. de Bono Printing Press Ltd. "Customer" shall mean the person, firm or company contracting the Work "Work" shall mean the services undertaken by the Company for, and goods supplied to the Customer from time to time, and shall include, but not be limited to, the production, printing and supply of materials and goods, (together with all ancillary services related thereto).

2. ACCEPTANCE OF ESTIMATES
Estimate given by the company shall deemed to be withdrawn unless the Company receives notice of Customer acceptance in writing within 30 days from the date hereof.

3. COST VARIATION
Estimates are based on current cost of production and are subject to amendment by the Company on or at any time after acceptance to meet any rise or fall in such costs. Additional charges may be made to cover any extra work involved wherecopy supplied is not clear or legible.

4. VALUE ADDED TAX
Where applicable Value Added Tax will be charged whether or not included in the estimate or invoice.

5. PRELIMINARY WORK
Work carried out at the Customer's request whether experimentally or otherwise will be subject to an additional charge.

6. PROOFS, AMENDMENTS & ADDITIONS
Author's and Customer's corrections, including alterations in style, and the cost of additional proofs necessitated by such correction will incur an additional charge unless specifically included in the estimate. Proofs of all work may be submitted for Customer's and or Author's approval, and in that event no responsibility will be accepted for any errors in them not corrected by the Author or Customer as the case may be. The Company accepts no responsibility for any breach of confidentiality, loss of reputation, financial or other loss howsoever arising, from carrying out the Customer's instruction to transmit proofs or other material relating to the Work to the Customer or the Author electronically via e-mail or similar medium.

7. DELIVERY AND PAYMENT
7.1 In the absence of the express written agreement of the Company to the contrary and in consideration of the Company accepting instructions for the Customer which first places an order, such customer will be primarily liable for all sums due to the Company in respect of such order irrespective of whether or not such Customer is acting as principal or as agent. 7.2 Due date for payment of Work shall be upon delivery of Work to the Customer's nominee. 7.3 If payment is not made on the due date the Company, without prejudice to its other rights hereunder, shall be entitled to charge, in addition to any monies due hereunder, interest on the overdue outstanding amount at a rate of 4% above the base rate of Central Bank of Malta from time to time in force from the date the monies first become due until the outstanding amount is paid. 7.4 Risk in the Work shall pass to Customer when delivered to Customer or on notification that the Work has been completed whichever first occurs. 7.5 Should expedited delivery be agreed and require overtime or other additional coats an extra charge may be made. 7.6 Should work be suspended at the request of or delayed through any default of the Customer for a period of 30 days or more the Company shall be entitled to payment for the Work already carried out and materials specially ordered, and may terminate the Contract on giving the Customer 14 days notice in writing. The Company reserves the right to issue invoices to the Customer for work completed or materials or services purchased by the Company pursuant to the execution of the Contract and the Customer acknowledges that such invoices shall become due for payment on the terms herein contained.

8. VARIATIONS IN QUANTITY
Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5% for work in one colour only and 10% for other work being allowed for overs and shortage the same to be charged or deducted.

9. CLAIMS
9.1 Claims arising from damage, delay or partial loss of Work in transit must be made in writing to the Company and carrier so as to reach them within three clear days of delivery (or, in the case of non-delivery, within 7 days of despatch). 9.2 All other claims must be made in writing to the Company within 10 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 (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.

10. LIABILITY
The Company shall not be liable for any loss to the customer arising from delay in transit not caused by the Company.

11. STANDING MATERIAL
11.1 Metal, film, glass, discs, opticals, syquests, artwork (bromide, film), data and other materials owned by the Company and used by it in the production and origination of the whole shall remain its exclusive property. Such items when supplied by the customer shall remain the customer's property.
11.2 Origination may be returned or deleted immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged.

12. CUSTOMER'S PROPERTY
12.1 Except in the case of a customer who it not contracting in the course of a business nor holding himself out as doing so, customer's property and all property supplied to the Company by or on behalf of the customer shall while it is in the possession of the Company or in transit to or from the customer be deemed to be at customer's risk unless otherwise agreed and the customer should insure accordingly.
12.2 The Company shall be entitled to make a reasonable charge for the storage of any customer's property left with the Company before receipt of the order or after notification to the customer of completion of the work.

13. MATERIALS SUPPLIED BY THE CUSTOMER
13.1 The Company may reject any paper, plates, films or other materials supplied or specified by the customer which appear by the company to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by the Company in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
13.2 Where materials are so supplied or specified, the Company 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.
13.3 Quantities of materials supplied shall be adequate to cover normal spoilage.

14. PERIODICAL PUBLICATIONS
A contract for the printing of a periodical publication may not be terminated by either party unless 13 weeks notice in writing is given in the case of periodicals produced monthly for more frequently or 26 weeks notice in writing is given in the case of other periodicals. Notice may be given at any time but wherever possible should be given after completion of work on any one issue. Nevertheless the Company may terminate any such forthwith should any sum due thereunder remain unpaid.


15. INSOLVENCY
If the customer ceases to pay his debts in the ordinary course of business or cannot pay his 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, the Company without prejudice to other remedies shall:
15.1 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
15.2 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 on 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 the proceeds towards such debts.

16. ILLEGAL MATTER
16.1 The Company shall not be required to print any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.
16.2 The Company shall be indemnified by the customer in respect of any claims, cost and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.

17. FORCE MAJEURE
The Company 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 (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or futherance 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 customer may by written notice to the Company elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

18. MACHINE READABLE CODE
18.1 In the case of machine readable codes or symbols the Company shall print the same as specified or approved by the customer in accordance with generally accepted standards and procedures.
18.2 The customer shall be responsible for satisfying himself that the code or symbol will read correctly on the equipment likely to be used by those for whom the code or symbol is intended.
18.3 The customer shall indemnify the Company against any claim by any party resulting from the code of symbol not reading or not reading correctly for any reason, except to the extent that such claim arises from any failure of the Company to comply with paragraph (a) above which is not attributable to error falling within the tolerances generally accepted in the trade in relation to the printing of this sort.


19. LAW
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of Malta and the Customer hereby submits to the non-exclusive jurisdiction of the Maltese Courts.