TERMS AND CONDITIONS

1. Price Variation
Price estimates are based on Omah Printing Ltdʼs current costs of production and, unless otherwise
agreed, are subject to amendment on or at any time after acceptance, where such amendment is
required in order to meet any rise or fall in such costs.
2. Tax
Omah Printing Ltd reserves the right to charge the amount of any value added tax payable whether
or not included on the estimate or invoice.
3. Preliminary Work
All work carried out, whether experimentally or otherwise, at customerʼs request shall be charge-
able.
4. Copy
Where any additional work of whatever nature is necessary as a result of copy supplied by a cus-
tomer not being clear and/or legible, Omah Printing Ltd shall be entitled to make additional charges
on a time and materials basis to cover such additional work.
5. Proofs
Proofs of all work may be submitted for customerʼs approval and Omah Printing Ltd shall incur no
liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall
be made for any additional proofs that are required as a result of alterations required by the cus-
tomer. When style, type or layout is left to Omah Printing Ltd. discretion, any subsequent changes
to such style, type or layout required by the customer shall be subject to additional charges on a
time and materials basis.
6. Copyright
• Unless negotiated and agreed in writing, the copyright of general artwork, commissioned
artwork and illustrations and anything else whatsoever prepared, developed or created by
Omah Printing Ltd shall vest in and belong to Omah Printing Ltd. Omah Printing Ltd may use
any artwork or printing produced by itself for the purposes of promoting itself. The customer
shall be responsible for obtaining all necessary authorities and consents to reproduce
pictures, artwork, photographs, copyright text and/or any other reproducible materials
(“Materials”) prior to instructing the Omah Printing Ltd to reproduce the same. The customer
shall indemnify and hold Omah Printing Ltd and its agents and representatives harmless
against all claims, demands, actions, costs, expenses (including but not limited to legal costs
and disbursements), losses and damages arising from or suffered or incurred by reason of
any claim (including but not limited to the defence of such claim) that the reproduction of the
Materials by the Omah Printing Ltd infringes the intellectual property or other rights of any
third party or misuses the confidential information of a third party.
• All design, text, illustrations, graphics, photographs, diagrams, drawings, logos and the selec
tion and arrangement thereof, and all source code and all other material content of any
Website owned, controlled or operated by Omah Printing Ltd are the intellectual property of
Omah Printing Ltd.
• No reproduction of any part is allowed without written permission.
7. Company Imprint
Unless otherwise specifically requested in writing any work may carry the Omah Printing Ltd imprint
which will be positioned at Omah Printing Ltdʼs discretion.
8. Delivery & Payment
Turnaround is measured in Working Days
Where the late delivery is as the result of the action or inaction of a third party, such as a carrier,
Omah Printing Ltd, at their absolute discretion, may elect to extend the Turnaround by one Working
Day.
In addition:
• These services rely on the customer not delaying the progress of the order in any way (which
delays include but are not limited to the customer not returning proofs by the time specified
by Omah Printing Ltd or failing to make payment by the time such payment is due) (a
“Customer Delay”). In the event of a Customer Delay Omah Printing Ltd not be bound to deliv
er within the Guaranteed Period.
• Delivery of work by Omah Printing Ltd shall be deemed to take place upon collection of the
work by the customer (where the customer is obliged to collect the work) or (where Omah
Printing Ltd is obliged to deliver the work) actual delivery of the work to the customer by Omah
Printing Ltd. Where the customer is obliged to collect the work, customerʼs failure to collect
the work on the day on which Omah Printing Ltd is contractually obliged to have it ready for
collection shall be classed as a Customer Delay. Where Omah Printing Ltd obliged to deliver
the work to the customer but the customer provides Omah Printing Ltd with incomplete
or incorrect delivery information or instructions, or is not available to accept delivery, then
provided that Omah Printing Ltd has used reasonable endeavours to deliver the work to the
customer, a failed delivery shall be classed as a Customer Delay.
• Unless otherwise specified the price quoted is for collection of the work from Omah Printing
Ltd. A charge may be made to cover any extra costs involved for delivery to a different
address.
• Should expedited delivery be agreed Omah Printing Ltd shall be entitled to make additional
charges on a time and materials basis to cover any overtime or any other additional costs
involved, including without limitation, the cost of couriers or special delivery post.
• Should work be suspended at the request of or delayed through any default of the customer
for a period of 30 days or more Omah Printing Ltd shall then be entitled to payment for work
already carried out, materials specially ordered and other additional costs including storage.
• Risk of loss of or damage to work completed by Omah Printing Ltd shall pass to the customer
on delivery. Notwithstanding delivery and the passing of risk in the work to the customer,
ownership of and title to the work shall not pass to the customer and shall be retained by
Omah Printing Ltd until Omah Printing Ltd has received payment in full in respect of the work.
• In the unlikely event that Omah Printing Ltd deems it necessary to re-print work, the
Guaranteed Period shall recommence from the time of Omah Printing Ltdʼs confirmation to
the customer of its agreement to reprint the work.
9. Variations In Quantity
Every endeavour will be made to deliver the correct quantity ordered. However some variation is
inherent in the print process and it is understood and accepted as reasonable that minor variations
are immaterial and that Omah Printing Ltd shall have no liability in respect of such variations.
The Customerʼs sole remedy in respect of shortages will be a re-print of the entire shortage quan-
tity of the relevant work, to be undertaken by Omah Printing Ltd within a reasonable period of time.
10. Claims
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writ-
ing to Omah Printing Ltd and the carrier within three clear days of delivery (or, in the case of non-
delivery within 28 days of despatch of the goods) and any claim in respect thereof must be made in
writing to Omah Printing Ltd and the carrier within seven clear days of delivery (or, in the case of
non-delivery, within 42 days of despatch). All other claims must be made in writing to Omah Printing
Ltd within 28 days of delivery. Omah Printing Ltd 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 (i) it was not possible to comply with the requirements and (ii) advice (where
required) was given and the claim made as soon as reasonably possible.
11. Liability
Omah Printing Ltd gives no warranties or guarantees or makes any representations as to the mer-
chantability or fitness for a particular purpose of any completed work the subject of a customerʼs
order and all other warranties, conditions, guarantees or representations, whether express or
implied, oral or in writing, except as expressly stated in these terms and conditions are hereby
excluded. Omah Printing Ltd shall not be liable for any loss arising from delay in transit. Further,
Omah Printing Ltd shall not be liable for any indirect, special or consequential damages, loss of prof-
its, economic loss, loss of goodwill or loss of anticipated savings or loss of data. The total aggre-
gate liability of Omah Printing Ltd in respect of any and all causes of action arising out of or in con-
nection with the customerʼs order and Omah Printing Ltdʼs performance of services pursuant to
such order (whether for breach of contract, strict liability, tort (including, without limitation, negli-
gence), misrepresentation or otherwise) shall (subject to the provisions of paragraph 10) be limited
to the sums paid to Omah Printing Ltd by the customer in respect of the order pursuant to which lia-
bility has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude
liability which cannot, pursuant to Irish Law, be excluded or limited including for death or personal
injury or liability in respect of fraud or fraudulent misrepresentation.
12. Standing Material
• Metal and other materials owned by and used by it in the production of plates, film-setting,
negatives, positives and the like shall remain the exclusive property of Omah Printing Ltd.
Such items when supplied by the customer shall remain the customerʼs property.
• Lithographic, together work or other materials supplied by the customer may be effaced or
destroyed immediately after the order is executed unless written arrangements are made to
the contrary. In the latter event, Omah Printing Ltd shall be entitled to make additional
charges.
13. Customerʼs Property
• The customerʼs property and all property supplied to Omah Printing Ltd by or on behalf of the
customer shall while it is in the possession of the Omah Printing Ltd or in transit to or from
the customer be deemed to be at customerʼs risk unless otherwise agreed and the customer
should insure such property accordingly.
• Where a customer fails to collect work within 20 working days from notification to the cus
tomer of completion of the work, Omah Printing Ltd shall be entitled, at its discretion, to either
store the work until actual delivery or collection is made and charge the customer for the costs
(including insurance) of storage or to destroy such work (provided that the customer shall
nevertheless remain liable for payment in respect of the relevant order).
14. Materials Supplied by the Customer
• Omah Printing Ltd may reject any paper, plates or other materials supplied or specified by the
customer which it considers 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 Omah Printing Ltd in
ascertaining the unsuitability of the materials then that amount shall not be charged to the
customer.
• Omah Printing Ltd shall have no liability in respect of any work being of less than reasonably
satisfactory quality as a result of defects in or the unsuitability of materials supplied or
specified by the customer.
• Omah Printing Ltd shall assume that quantities of materials supplied shall be adequate to
cover normal spoilage accordingly if the quantities of materials supplied are not sufficient to
cover normal spoilage (“an Insufficient Supply”) then Omah Printing Ltd shall have no liabili
ty for any shortfall in quantity to the extent that such shortfall arises as a result of such
Insufficient Supply.
15. Credit Terms and Payment
For invoices not settled within the agreed credit terms or for payments returned unpaid (such as
cheques, credit cards or similar Omah Printing Ltd reserves the right to charge interest on the over-
due debt at 2% above the HSBC base rate at the time and an administration fee to cover its debt
recovery costs and any other costs relating to the collection of payment.
16. Insolvency
If the customer ceases to pay its debts in the ordinary course of business or cannot pay its 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 it, Omah Printing Ltd without prejudice to other remedies shall (i) 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 cus-
tomer, such charge to be an immediate debt due to Omah Printing Ltd, and (ii) in respect of all
unpaid debts due from the customer have a general lien on all goods and property in Omah Printing
Ltdʼs possession (whether worked on or not) and shall be entitled on the expiration of 14 daysʼ
notice to dispose of such goods or property in such manner and at such price as Omah Printing Ltd
thinks fit and to apply the proceeds towards such debts.
17. Illegal Matter
• Omah Printing Ltd 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 or any
third party.
• Without prejudice to paragraph 6 above, the customer shall indemnify and hold Omah
Printing Ltd harmless against all claims, demands, costs, expenses (including but not
limited to legal costs and disbursements), losses and damages arising from or suffered or
incurred by reason of the work it is required to produce pursuant to a customer order being
or alleged to be defamatory.
18. Periodical Publications
Save in respect of a material breach and/or in the event that a claim arises under any indemnity set
out above 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 or more fre-
quently 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.
Without prejudice to the foregoing, Omah Printing Ltd may terminate any such contract forthwith
should any sum due thereunder remain unpaid for a period of 7 or more days from its due date.
19. Full Colour Printing
All reasonable efforts shall be made to obtain the best possible colour reproduction on customerʼs
work but variation is inherent in the print process and it is understood and accepted as reasonable
that, Omah Printing Ltd shall not be required to guarantee an exact match in colour or texture
between the customerʼs photograph, transparency, proof, electronic graphic file, previously printed
matter (whether printed by Omah Printing Ltd or other party) or any other materials supplied by the
customer and the printed article the subject of the customerʼs order.
20. Data Protection
By placing an order with Omah Printing Ltd, the customer consents to its details being passed on
to Omah Printing Ltd for accounting and marketing purposes. The details will be kept by Omah
Printing Ltd even after the customerʼs trading relationship with the Omah Printing Ltd has terminat-
ed. Omah Printing Ltd may use the customerʼs personal data to let customers know about goods
and services similar to the goods or services provided to the customer previously and any others
matters that Omah Printing Ltd consider may be of interest to customers.
21. Force Majeure
Omah Printing Ltd shall be under no liability if it shall be unable to perform any obligation which is
owed by it to the customer for any reason beyond his control including (without limiting the forego-
ing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other
action taken by employees 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 customer may by written notice to Omah Printing Ltd elect to terminate the contract
and pay for work done and materials used, but subject thereto shall otherwise accept delivery when
available.
22. Variation to Terms and Conditions
These terms and conditions may be amended from time to time.
23. Law
These terms and conditions and all other express terms of the contract with customers shall be gov-
erned and construed in accordance with Irish law. Irish Courts shall have jurisdiction in relation to
any matters arising in connection with any contract between Omah Printing Ltd and the customer
into which these terms are incorporated.
TERMS & CONDITIONS OF TRADING