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Terms and conditions

The following sales and delivery conditions of Oddi (hereafter named the Company) apply to the sale and delivery of printing jobs taken on by the Company for a purchaser of products, except in the case where there is a written agreement to other effect.  These terms and conditions, including exemptions from liability, defence, rights and liability limitations, shall apply in any litigation whatsoever against the Company.

1. Offer and agreement
1.1 An offer is binding for 7 days from the date of offer.
1.2 An agreement is considered to be in force and to be binding, when an order has been made or an order has been confirmed, as appropriate.

2. Prices and basis for pricing.
2.1 Prices are always quoted ex-VAT. VAT is entered separately on invoices.
2.2 Price does not include:
• extra work or extra costs resulting from it coming to light after the coming into force of an agreement that the source documentation from the purchaser is inadequate or faulty.
• extra costs resulting from a purchaser’s request for changes or amendments after the coming into force of an agreement.
• extra costs resulting from delay or other causes that can be attributed to the purchaser.
• monopoly payment to the University of Iceland Almanac Fund for the publication of
diaries or calendars.

3. Delivery
3.1 A product is considered delivered when it has reached the agreed point of delivery.
3.2. The Company is authorised to deliver a product when it is ready, even when this is before the date prescribed in the agreement.
3.3 The Company shall inform the purchaser as soon as possible should there be a delay in the agreed delivery. Should the purchaser suffer damage resulting from a delay in delivery, he can demand a discount, which shall, however, never be greater than 20% of the price of the product. Should there be a significant delay in delivery the purchaser may revoke the agreement.
3.4. Under no circumstances will the Company bear responsibility for any kind of damage resulting from delay of delivery which can be attributed to the below specified causes:
• inadequate source documents from the purchaser;
• amendments to the job after work has commenced on it;
• negligence or deliberate intent on the part of the purchaser or his representatives.
3.5 Should there be a delay on the agreed delivery on the part of the Company then it under no circumstances bears responsibility for direct, indirect or derived damage or loss of profits, such as a purchaser’s operational loss or for losses that the purchaser causes for a third party.

4. Nonconformity in number of copies
4.1. The Company is obliged to deliver the full number of copies and to ensure that this is in accordance with the number ordered to the extent that this is possible. Nevertheless, both the purchaser and the Company must accept a 10% deviation, plus or minus, should the project be printed in 4 colours or where the process employed is in some other manner complex and where the number of copies is less than 10,000. Should the number of copies be greater than 10,000 then the deviation may not be more than 5%. With respect to other printed items, the right is reserved for a reasonable deviation taking into account the nature of the printed item, the quality and its complexity in production.
4.2 The Company can invoice at unit price, the quantity in excess and by the same token, the purchaser can request a reduction in the invoice for the amount lacking from the agreed number of items. The unit price in such instances shall include the printing, binding work, paper and other materials required for the production.
4.3. Should the purchaser require a specific minimum number of copies, then this shall be specified in the order. If the Company cannot deliver the minimum number of copies, then the purchaser can decide whether the Company shall print an additional run without cost to the purchaser or whether he accepts the number of copies and receives a discount on the price.

5. Payment
5.1. The price is for cash payment, unless an agreement has been made for another arrangement.
5.2. If an agreement is made for a delay in payment then the purchaser shall pay for the goods no later than 20 days after the invoice has been made.
5.3 If payment is not made on the due date, then the Company is authorised to demand penalty interest from the purchaser and costs that may result from collection fees.
5.4. In order to guarantee payment the Company has the right to seize all assets of the purchaser that may be in its possession. In the event that the Company plans to exercise this seizure right then it shall inform the purchaser in writing of this intention. Such notification shall specify in general the reasons for the action in question, along with the amount of the debt or the total amount in the event of multiple debts. Should the purchaser not pay the debt subsequent to the above specified notification, then the Company is authorised to sell the assets in the manner it considers most convenient in each instance, at the cost and at the risk of the purchaser, without special notification to the purchaser. Should the proceeds of the sale of assets be insufficient to settle the debt, then the Company has the right to receive the difference paid by the purchaser with the addition of accrued interests and costs. Should on the other hand there be a remainder from the sale, after the debt has been settled with accrued interest and costs, then this shall be paid to the purchaser.

6. Defects
6.1. The Company is not responsible for errors and defects that have not been corrected by the purchaser in proofs, regardless of whether these are electronic or paper proofs.
6.2. Should the purchaser consider a product to be defective, then he must inform of this immediately and no later than 10 days after delivery. The purchaser is furthermore obliged to demonstrate defects in the product and the number of faulty items in the total number of copies. Where damage is not notified according to the above, then the purchaser’s right to demand damages from the Company for defects shall be void for reasons of failure to take action.
6.3. Should a notification be received on a defect in a product within the above period for a notification, the Company is obliged and has the right to rectify defects, where this can be done within a reasonable timescale. Should the Company not be able to rectify defects within a reasonable timescale, the purchaser can in such instances demand a discount on the price which shall however never be greater than 20% of the price.
6.4. Should the nature of the defect be such that the product cannot be used for the purpose for which it was intended, and where remedies pursuant to Article 6.3 cannot be made then the purchaser can revoke the purchase.
6.5 In the event of there being a defect in a product, the Company under no circumstances bears responsibility for direct, indirect or derived damage or loss of profits, such as a purchaser’s operational loss or for losses that the purchaser causes to a third party.

7. Limitation of liability
7.1 Should a force majeure prevent delivery, then the Company is not obliged to meet the agreed delivery date, and nor is it liable for damages if delivery is delayed or fails.
7.2 It is the responsibility of the purchaser to ensure that copying, printing and publishing of all material provided by the purchaser for the item to be printed, is legal and permitted. The purchaser is thus responsible for compliance with all domestic and foreign laws, rules and directives from the authorities on the use of material as appropriate. In addition to what is mentioned above, the purchaser is also obliged to exempt the Company of all third party claims arising from the purchaser’s failure to having secured permission for the use of material or where the use of such material is in other respects contrary to laws and regulations.

8. Ownership rights
8.1. The Company is obliged to return original material to the purchaser directly. Should the purchaser make a specific request to this effect, the Company can store the original material against a storage fee.
8.2 Proposals, sketches, drawings, processing programs, layout, compositions, films, cutting dies, clichés, image plates and any form whatsoever of printing plate made by the Company, are the property of the Company and cannot be claimed by the customer, unless an agreement has been made to the contrary.
8.3. Should the purchaser require a copy of a fully completed printed item in electronic format than the Company is authorised to require payment for this.
8.4 Documentation referred to in Article 8.2 may only be used for work for the purchaser or with his permission. The Company stores this documentation for a maximum of one year. An agreement shall be made on the storage of electronic data at the commencement of a project.

9. Various provisions
9.1. The Company has on its own responsibility the right to instruct subcontractors to complete the work in part or in whole. All subcontractors have the right to invoke all provisions of these terms and conditions as appropriate.
9.2. The Company is obliged to treat communications with a customer on his project as confidential and to prevent to the extent possible that unauthorised persons acquaint themselves with the project prior to and during its processing.
9.3 The Company does not pay compensation for damages to any of the purchaser’s property that is in the Company’s custody, such as manuscripts, sketches, drawings, films, printing plates, electronic data and suchlike, where the Company is not according to law responsible for the damage and where the Company does not receive compensation for the damage from its insurance policy. Completed products that remain with the Company and that have not been collected as specified in the agreement are the responsibility of the purchaser and do not resolve the purchaser of the duty to pay for the work in full while it is in the custody of the Company.
9.4 Interest shall not be paid on claims on the Company prior to judgement from a court.

10. The sending of notifications
10.1 In the event of there being a provision in these terms and conditions that either party shall send the counterparty a notification, regardless of what such a notification is called, then it shall be dispatched in a verifiable manner to the address that the parties have given as their legal abode as registered when the notification is sent. Should this condition have been observed then the notification will have the import and the legal impact as intended, even where it arrives in a distorted form or late or not at all to the recipient.

11. Lapsed claims
11.1 In all instances the Company shall be free from any liability unless a case is brought within one year from the time when the goods were delivered or when the Company was obliged to deliver them.

12. Jurisdiction
12.1. Any dispute arising between the parties that cannot be resolved with mediation shall be brought before the Reykjavik District Court.

13. Period of validity
13.1 These terms and conditions were endorsed by the Company’s board in April 2009 and take force from and including 16 April 2009. The Company reserves the right to amend these terms and conditions at any point in time.