Designcrew Hastings East Sussex
Danny Grando Creative Director
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TERMS & CONDITIONS
Delivery & Payment
Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed, payment shall become due.
Unless otherwise specified the price is for delivery of the work to the Client’s address as set out in the quotation. A charge may be made to cover any extra costs involved for delivery to a different address.
Should expedited delivery be agreed and necessitate overtime or other additional cost, the Company reserves the right to charge an additional sum.
Should work be suspended at the request of or delayed through any default of the Client for a period of 30 calendar days, the Company shall then be entitled to payment for all or any work already carried out in accordance with the terms of the quotation or any further instructions from the Client including labour, materials used or specifically ordered on the Client’s behalf and any other additional costs including storage.
Payment shall unless otherwise agreed in writing be made in full without any deduction or set-off within 30 days of the date of the invoice.
No payment shall be deemed received until the Company has received cleared funds.
All payments payable to the Company under the Agreement shall become due immediately on its termination despite any other provision.
Interest shall be payable by the Client on overdue accounts at the rate of 8% above bank base rate to run from the invoice tax point until receipt by the Company of the full amount whether before or after judgment.
Should the Client change, reject, cancel or stop any or all of the provisions contained in the quotation then the Company shall be entitled charge for all or any work already carried out in accordance with the terms of the quotation or any further instructions from the Client including labour, materials used or specifically ordered on the Client’s behalf and any other additional cost including storage.
Limitations of Liability
While the Company makes reasonable endeavours to carry out its obligations, the Company shall not be liable in contract or tort or under any head of legal liability for any damages, costs, claims, expenses or interest arising out of the performance or alleged non-performance of work to be undertaken in accordance with the quotation of these terms and conditions by the Company and in particular (without limiting the foregoing) shall not, save where otherwise required by law or Order of the Court, accept liability for:
Consequential loss or damage of any kind including loss of turnover, sales, revenue or profits unless the type of loss or damage was specifically drawn to the attention of the Company at the date of the quotation.
Any claim for an amount in excess of the agreed price.
Insofar as is permitted by law where work is defective for any reason, including negligence, the Company’s liability (if any) shall be limited to rectifying such defect. Where the Company performs its obligations to rectify defective work under this condition the Client shall not be entitled to any further claim in respect of the work done nor be entitled to treat delivery thereof as a ground for repudiating the contract, failing to pay for the work or cancelling further deliveries.
Ownership and Risk
All Goods or services supplied and the title thereof shall remain the Company’s property until the Client has paid for them in full.
Until ownership of the goods has passed to the Client the Company may at any time require the Client to return the goods to the Company.
Without prejudice to other remedies, we shall in respect of all unpaid debts due from the Client have a general lien of all goods and property in our 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 we think fit and to apply any proceeds towards such debts.
Claims arising from damage, delay or partial loss of goods in transit must be made in writing to us and the carrier so as to reach us/them within three days of delivery and claims for non-delivery within 21 days of despatch of the goods. All other claims must be made to us within seven days of delivery.
If notice is not given as aforesaid the Client shall be deemed to have accepted the supply and shall pay for the same accordingly.
All design and artwork carried out at the client’s request, whether experimental or otherwise will be charged at our prevailing rates.
Author’s Corrections, including alterations in style and the cost of additional proofs necessitated by such corrections will be charged extra.
Material Supplied by the Company
All artwork, sketches, samples and original designs of any kind, moulds, stereotypes, electrotypes and the like used by the Company in the production of work undertaken for the Client shall remain the Company’s exclusive property whether or not the work entailed in the production of these is charged separately.
Type may be distributed and lithographic, photogravure, or other work may be effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event the costs of storage may be charged to the Client at the Company’s discretion.
Material Supplied by the Client
The Company reserves the right to reject any paper, copy or other materials supplied or specified by the Client which would appear to be unsuitable but shall be under no liability to check the quality or suitability of the same. Additional costs incurred if materials are found to be unsuitable during production may be charged.
Where materials are so supplied or specified, the Company will take every care to secure the best results but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
Quantities of materials supplied must be adequate to cover normal spoilage.
Client’s property and all property supplied to the Company by or on behalf of the Client shall, while it is in possession of the Company or in transit to or from the Client be deemed to be at the Client’s risk unless otherwise agreed in writing.
Proofs of all work may be submitted for client’s approval and in that event no responsibility will be accepted for any errors in them not corrected by the client.
Client’s alterations and additional proofs necessitated thereby shall be charged extra.
When style, type or layout is left to the Company’s judgement, changes therefore made by the Client may be charged extra.
Due to differences in equipment, paper, inks and other conditions between colour proofing and production runs a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable unless otherwise agreed.
Variations in Quantity
Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5% for work in one colour only and 10% for other work being allowed for over or shortage, the same to be charged or deducted.
Quotations are based on the current costs of production and are subject to amendment by us on or at any time after acceptance to meet any rise or fall in such costs.
Every effort will be made to carry out the contract but its due performance is subject to cancellation by us or to variation as we may find necessary as a result of inability to secure labour, materials or supplies or as a result of any Act of God, War, Strike, Lockout or other labour dispute, Fire, Flood, Drought Legislation or other cause (whether of the foregoing class or not) beyond our control.