1. Definitions: The Company means Save and Raise Ltd. The Designer means the artist employed or contracted by Graphic Supplies Network Ltd to carry out the work. The Client means the person, persons or firm as stated overleaf. Brief means the work and services to be performed by the Company for the Client set out in the quotation together with any alterations or extras thereto requested or required by the Client after the date of quotation.
2. Preliminary work designs, models, samples and other work produced at the Client as request, will be charged for.
3. Estimates and Orders: Estimates are given and orders accepted subject to our ability to procure materials, labour and transport at the rates prevailing at the date of estimate. Any increase in wage rates, prices of materials, or alternative materials that it may be necessary to substitute or of transport arising after an estimate and before delivery, shall be charged to the Client. Where estimated dates of delivery are given they shall be subject to availability and delivery of materials. All estimates are subject to variation if not accepted within thirty days.
4. Orders: Acceptance of an estimate shall be in writing signed by the Client or his authorised agent. In the absence of such written confirmation our written acknowledgement of verbal instructions shall be deemed to be the Clients a written order.
5. If any goods are to be supplied or work to be done in accordance with designs, specification, or patterns to be supplied by the Client, the Client shall supply the same in reasonable time to permit completion of all deliveries by the promised date (if any). We shall not be liable for delays in completion of work or delivery arising from the Clients a failure or delay in approving estimates or preliminary work. Due to unforeseen circumstances time is not of the essence to this contract.
6. Alterations: The Company may submit proofs of all work to the Client for approval and the Company shall incur no liability for or in respect of any errors not corrected by the Client in proofs so submitted. Any additional cost arising from the Client as alterations or corrections after approval of artwork or sample or after production has commenced may be charged to the Client.
7. Delivery: Unless otherwise stated in writing, estimates are given and orders accepted upon the terms that delivery be ex works and the price shall be nett and exclusive of packing materials, cost of packing, handling, loading, transport or carriage.
8. Expedited delivery: If the Client shall require delivery sooner than the normal time required for production the Client shall pay any extra cost of overtime or other additional cost incurred.
9. Installment deliveries: In the case of goods to be supplied or work to be done by installments any objection by the Client to defects in or default in relation to one installment shall not affect the contract in respect of any further installments or the due balance remaining under the contract.
10. Claims: Any complaints or claims as to quality or quantity of goods supplied or work done shall be made in writing within seven days of the delivery of such goods or the execution of such work and there shall be no liability for any claims not so made within this period.
11. Client’s property: Clients property when supplied will be held at Clients risk. Every care will be taken to secure the best results where materials are supplied by Clients, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied.
12. Consequential loss: Responsibility will not be accepted for consequential loss or damage howsoever arising.
13. Copyright: The Client is wholly responsible for the Copyright on any artwork/pictures/graphics which they provide to be used on new artwork and/or printed goods. The Client shall indemnify us against all claims, actions, penalties, damages, costs and expenses for which we may become liable, or which we may incur through anything done by them in the execution of any contract with the Client involving a breach of any Patent, Registered Design, Trade Mark, or Copyright, or any Government or other Regulation. Copyright in all preliminary designs by the Company and in all work and matter produced by the Designer as part of the brief shall remain the property of the company who shall reserve the right to approve the quality and use of such designs as processed for various media.
14. Force majeure: The performance of all contracts is subject to variation, suspension or cancellation arising from any Act of God, War, Strikes, Lock-outs, National Emergency, Fire, Flood, Drought, Shortage of Fuel or Power, the inability to obtain supplies of materials or articles, or any other causes whatsoever beyond the control of the Company.
15. Cancellation of contracts: In the event of any contract (whether oral or in writing) between the Client and the Company being suspended or cancelled by reason of conditions arising from an Act of God, War, Strikes, Lock-Outs, National Emergency, Fire, Flood, Drought, Shortage of Fuel or Power or any other cause beyond our control we shall be entitled to payment for work done up to the date of such suspension or cancellation, and for all materials purchased and sub-contracts placed relative to such contracts.
If a Client ceases to pay his debts in the ordinary course of business or commits any act of bankruptcy, then and in any such case the Company shall without prejudice to other remedies have the right not to proceed further with the brief or any other work for the Client and be entitled to charge for all work already carried out and materials purchased for the Client such charge to be a debt immediately due to the Company.
16. Illegal Matter: The Company shall not be required to work on or in connection with any matter which in the Company's opinion is or may be of an illegal or defamatory nature or an infringement of the proprietary rights or other rights of any third party. The Client shall indemnify the Company against and in respect of any action claim demand damages costs charges or expenses arising from or incurred by reason of any defamatory matter contained in or otherwise relating to the brief or any infringement or alleged infringement by the Designer while engaged on or in connection with the brief of any letters patent registered design, copyright trademark or trade name protected in the United Kingdom such indemnity to extend to any amounts paid by the Company on legal advice in settlement of any such claim as aforesaid.
17. Terms of payment: Unless otherwise specified payment for orders shall be made within 30 days from date of invoice. Save where the Client is not contracting in the course of a business nor holding himself out as so doing the Company reserves the right to charge the amount of any value added tax payable or whether or not included in the quotation.
18. These terms and conditions shall apply to all contracts.
19. We may deliver a quantity of up to 10 per cent greater or 10 per cent less than the Client's stipulated quantity without any liability whatsoever except that the price charged shall be for the delivered quantity at the unit rate applicable to the stipulated quantity.
Overdue Accounts & Recovery: The Company may apply interest to all balances remaining outstanding following the expiry of the terms stated at the time of order. Such interest to be calculated on a daily basis at a rate of 3% above the Bank of England Minimum Lending Rate.
In the event of there being a necessity for the institution of legal proceedings for recovery of overdue monies then the full legal costs of recovery will be aggregated with the debt for which the proceedings will be instituted.
The Company shall reserve the right to demand payment in advance.
In the event of a dishonored cheque, the Company shall charge £30.00 to cover administration and bank costs.
20. Sale of Goods: Ownership of the goods which are the subject of this Contract shall not pass to the Client until they are fully paid for, but the risk in the goods shall be borne by the buyer from the date of the delivery by the Company or their carriers to the Client.
In the event that the price for the goods is not paid by the Client by the date, the Company shall at their absolute discretion, be at liberty either to recover the goods or maintain an action for the price of the goods.
For all purposes the Client hereby grants to the Company an irrevocable lien on the goods until the price is paid and permits the Company access to recover the goods, wheresoever’s they are situated.
Without prejudice to the foregoing, the Company may maintain an action against the Client for any loss and damage suffered in consequence of the Client's failure to complete the Contract or pay the price for the goods.