10. Non payment
Until all fees, costs and expenses have been paid the ownership in all artwork or any other physical material produced by the designer (including but without limitation sketches, drawings or dummies) shall remain with Degraf who shall be entitled to enter the premises of the client and to recover all such artwork and physical material if any such fees costs or expenses remain unpaid (whether wholly or in part) after they have become due to be paid.
11. Standing Material
a). Metal, film glass and other materials owned by the Degraf and used by Degraf in the production of type, plates, moulds, stereotype, electrotypes, film-setting, negatives, positives and the like shall remain exclusive property of Degraf. Such items when supplied by the customer shall remain the customer’s property.
11b). Type may be distributed and lithographic, photogravure or other work effaced immediately after the order is executed unless written arrangements are made to the contrary. In the later event, rent may be charged.
12. Materials supplied by the customer
a). Degraf may reject any paper, plates or other materials supplied or specified by the customer which appear to him 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 Degraf in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
b). Where materials are so supplied or specified, Degraf will take every care to secure the good results, but responsibility will not be accepted for imperfect work caused by defects in or in unsuitability of materials so supplied or specified.
c). Quantities of materials supplied shall be adequate to cover normal spoilage.
13. Customer’s Property
a). Except in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, customer’s property and all property supplied to Degraf by or on behalf of the customer shall while it is in the possession of Degraf 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.
b). Degraf shall be entitled to make a reasonable charge for the storage of any customer’s property left with Degraf before receipt of the order or after notification to the customer of completion of work.
Degraf shall not be liable for any loss to the customer arising from delay in transit not caused by Degraf.
In all other circumstances, except in regard to any claims relating to death or personal injury, the liability of Degraf to the Client in respect of any breach of its agreement with the Client or any wrongful act or omission by Degraf shall be limited to £100 in any year. All liability for consequential loss is hereby excluded.
15. Free specimens
The client shall provide Degraf, free of charge, with a reasonable number of specimens of any work carried out in connection with the commission.
16. Use of work
The design or other work carried out in accordance with the commission shall not be used for any purpose other than that for which it was commissioned (without the prior written approval of Degraf). In no circumstances may any work in rough or uncompleted form be used or published as finished work without the prior written approval of Degraf.
Degraf shall at all times be entitled to use for purposesof promotion any of the commissioned work or any description or illustration of the commissioned work (even if the intellectual property rights have been assigned to the client).