Planet Design shall hereinafter be referred to as “the Company” in these conditions, “the Customer” shall mean the person or company to whom this document is addressed.
ORDER ACCEPTANCE
1. Orders. Orders are accepted strictly on the understanding that the Customer accepts the Conditions of Business. Notwithstanding anything to the contrary in the Customer’s standard conditions, these conditions shall apply except so far as expressly agreed in writing by an authorised member of the Company.
1.1 Oral Orders. In the event that oral orders are not confirmed in writing within 24 hours of communication of such orders, the risk of any error or misunderstanding shall be yours alone.
PAYMENT TERMS
2. Credit. Credit accounts will be opened on receipt of two satisfactory trade references. Until a credit account is established all business will be on a cash-sale basis unless otherwise agreed in writing.
3. Payment. Accounts are payable to Planet Design, 90 Princeton House, Rivermead, Wilford Lane, West Bridgford, Nottingham, NG2 7RF. Unless otherwise agreed, credit accounts are granted on the condition that payment is received in full by the end of the calendar month following the month of invoice. The Company reserves the right to withdraw credit facilities if this condition is not observed.
4. Invoice Queries. Any queries as to the amount of the invoice should be raised, in writing, within seven days of receipt, otherwise the amount invoiced will be deemed to be agreed. The Customer is not entitled to withhold payment of, or make deductions from, invoices which are not in dispute.
5. Overdue Accounts. Amounts outstanding over 60 days from the date of invoice may, at the Company’s option be subject to an interest charge of 3% per month from the date of invoice on the outstanding balance. The Company reserves the right to recover from the Customer any costs incurred, either directly or indirectly, in the recovery of overdue accounts.
QUOTATIONS
6. Cost Variations. Quotations are based on current costs or production and are subject to amendment after 30 days to meet any rise in such costs.
7. Errors and Omissions. The right is observed to amend any error or omission on quotations and invoices.
8. Rush Fees. If expedited delivery is agreed, an additional charge may be made.
9. External Facilities. Where the Company undertakes to arrange and appoint specialist facilities on behalf of the Customer (artwork, photography, illustrations, typesetting, printing, exhibition contracting and the like), quoted rates from those facilities are passed on to the Customer in good faith. In the event of additional charges being made by such facilities other than as a result of negligence by the Company the Company reserves the right to invoice those additional charges to the Customer.
PROOFS
10. Approval. Proofs may be submitted, whether in artwork, printed or photographic form, for the Customer’s approval, and in that event the Company accepts no liability for errors or omissions not notified to them within 24 hours of receipt of such proofs.
10.1. Your verbal or written approval of copy, layouts, finished artwork, photography, schedules, estimates, proofs etc will be the Company’s authority to purchase, publish, make production contracts for space and other facilities.
11. Alterations. The Customer’s amendments, including alterations to style and content, and the cost of any additional work, services, materials and proofs consequent on such amendments, will be charged extra.
12. Preliminary Work. Charges may be made for all preliminary work executed, experimental or otherwise, at the Customer’s request.
CANCELLATION
13. Cancellations. Without limitations to its right under general law, the Company reserves the right to charge for all work carried out up to the time of any cancellation, and to charge for any materials or services specially ordered.
14. Specialist Services. Where the Company has booked external special facilities on behalf of the Customer, the Company reserves the right to charge for any cancellation fees received from the facilities, other than as a result of negligence by the Company.
15. Postponements. Should production be postponed or suspended at the request of the Customer, or delayed through his default, for a period of 30 days, the Company shall then be entitled to payment for work already carried out and for materials specially ordered.
LIABILITY
16. Indirect Loss. the Company shall not be liable for indirect or consequential loss or third party claims occasioned by delay in completing work, or delay in transit.
17. Defective Work. Where work is defective, for whatever reason, the Company’s liability shall be limited to rectifying such defects.
18. Subcontract. Where work is undertaken or a sub-contracts basis through an intermediary, that intermediary shall be the Customer of the Company and shall accept responsibility for approval of the work produced. The Company accepts no liability for claims made by third parties.
19. Colour Matching. Due to limitations and batch variations in colour film processing and printing, the Company cannot guarantee exact colour matches. Every effort will be made to match samples provided. In the absence of colour guides, colour will be balanced at the Company’s discretion.
20. Oral Orders. While every effort will be made to ensure accuracy, risk of error in oral orders rests entirely with the Customer. Oral orders should be confirmed immediately in writing or by fax.
STANDING MATTER
21. Production Materials. Copyright and all other rights in all design visuals, roughs, underdrawings, artwork, transparencies, film, proofs, plates and other materials used by the Company in the production of graphic materials shall remain vested in the Company or in the original source, where applicable.
22. Disposal. Artwork, printing plates, screens, blocks, negatives, positives, slides, sketches, magnetic disks and tapes, typematter and the like may be effaced or destroyed by the Company immediately after an order is executed, unless written arrangements are made to the contrary.
CUSTOMER’S PROPERTY
23. Limit of Liability. Except as expressly otherwise provided in these Conditions, the Company shall be under no liability for any direct injury, loss or damage however caused and shall be under no liability whatsoever for any consequential injury, loss or damage however caused. In the event of loss or damage to Customer’s property, liability extends only to the replacement cost of the material content of such property.
24. Film Processing. Whilst processing standards are carefully monitored, and every care taken of any film processed by the Company, whether sent direct by the Customer for the express purpose of processing, or as a constituent part of the Company’s services, the Company’s liability for process failure, loss or damage is limited to the replacement of equivalent unexposed film or to the current trade price of unexposed film.
25. Insurance. For property of a known high value, the Customer is advised to consider affecting insurance cover. Should the Company be requested to obtain such insurance over, any costs incurred will be charged to the Customer.
MATERIALS SUPPLIED BY THE CUSTOMER
26. Suitability. Where materials, artwork, photographs, slides, films, negatives, positives, paper and the like are supplied by the Customer, the Company reserves the right to reject such material if it is, in the opinion of the Company, unsuited for the production process involved. Any costs incurred in altering, amending or substituting unsuitable material may be charged to the Customer.
27. Delivery Date. Where a promised delivery date is given in good faith, and material supplied by the Customer is subsequently found to be incomplete, unsuitable, or requiring alteration, the Company may request an extension to the promised delivery date, or decline production.
28. Quantity. Quantities of material supplied by the Customer shall be adequate to cover normal production spoilage.
29. Instructions. In the absence of precise instructions, and in the event of the Customer or his representative being unavailable for clarification of the appropriate time, the Company reserves the right, without liability, to use its professional discretion in execution.
COPYRIGHT
30. Copying. Work involving any form of copying, whether by way of drawings, photographs, films, magnetic tapes, prints or otherwise is undertaken strictly on the understanding that the Customer holds full legal title to any copyright involved. The Customer shall indemnify the Company in the event of any copyright infringement. In the event of uncertainty, the Company reserves the right to contact potential owners for clarification.
GENERAL
31. Illegal Matter. The Company shall not be required to reproduce in any form matter which, in the opinion of the Company, is or may be of an illegal, defamatory or contentious nature. The Company shall be indemnified by the Customer in respect of any claims costs and expenses arising out of any such matter produced by the Company or the infringement of any industrial property right.
32. Title and Risk. The risk in all goods shall pass to the Customer upon delivery, but legal and beneficial ownership shall remain with the Company until full payment has been received and any cheque or other negotiable security has been honoured. the Company shall be entitled to seek compensation from the Customer should an infringement of these title conditions occur. The Customer shall pay all accounts in full and not exercise any right to set-off or counterclaim against invoices submitted.
33. Force Majeure. The Company shall not be liable to the Customer for any failure in respect of the agreement if, any to the extent that the fulfilment has been prevented, hindered or delayed by any circumstances beyond its control.
34. General Lien. Without prejudice to other remedies, the Company shall, in respect of all unpaid debts due from its Customers, have a general lien on all goods and property in the Company’s possession (Whether worked on or not), and shall be entitled, on the expiration of 14 days notice, to dispose of such goods or property as the Company thinks fit, and to apply any proceeds towards such debts.
35. Law. English law shall be the proper law of the contract.
36. Headings. The headings and sub-headings are inserted for convenience only, and shall not affect the construction of these Conditions of Business.
37. Advertising Standards. The Company endeavours to abide by rulings of the Advertising Standards Authority, the British Code of Advertising Practice and other voluntary controls. The Company will take all reasonable steps to ensure that advertising material produced on your behalf complies with the codes. Your approval of such materials will indicate however that you accept responsibility for its content and the accuracy of any statement or claim therein and that you will not make any claim against the Company in respect thereof. planet illustration © COPYRIGHT 2009 |
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