1. The Company, Fineye Promotion & Design, do business upon and subject to these general terms and conditions. Receipt of acknowledgement of order by the Client, all parties acquiring any goods or services through purchase, constitutes their acceptance of these terms and conditions to the exclusion of any other terms and conditions of the Purchaser.
2. PAYMENT TERMS
a.) All artwork services and promotional goods will be supplied against a pro-forma invoice unless prior agreement to credit facilities has been given by the Company.
b.) Payments on account are to be made strictly 30 days net from the date of the invoice. c.) We understand and may exercise our statutory right of interest under the Late Payment of Commercial Debts (Interest) Act 1998, if we are not paid according to these agreed terms.
a.) Quotations provided shall only constitute an invitation to treat and all prices will only be confirmed upon acceptance of acknowledgement of order.
b.) Value Added Tax will be added wherever applicable to the quoted price at the prevailing rate.
c.) Postage and/or Carriage will be charged in addition wherever applicable to the quoted price at the prevailing rate at the time of delivery.
4. TITLE AND RISK
a.) Risk in the supply of promotional goods passes to the Client upon delivery.
b.) Notwithstanding the earlier passing of risk, title in the goods shall remain with the Company and not pass to the Client until the amount due under the invoice for them has been paid in full.
c.) The Client shall inspect all goods immediately upon delivery and shall within seven days from delivery notify the Company of any matter or thing by reason of which they may allege that the goods are not in accordance with the contract. Failure to give such notice shall conclusively be determined that the goods are as to quality, number, weight, volume and in all aspects in accordance with the contract and that the Client has accepted them. The Client shall have no right to reject the goods, but shall be bound to pay for the same accordingly.
d.) Until title passes, the Client shall hold the goods as bailee for the Company and shall store or mark them so that they can at all times be identified as the property of the Company.
a.) The Client shall be responsible for all goods and services being suitable in every way for the purpose for which they are intended to use them. No warranty, condition or representation is given by the Company as to the fitness of any goods or services for any particular purpose.
b.) Whilst every effort will be made to deliver on time, time for delivery is not the essence and there is no liability for delays occasioned by circumstances beyond the Company’s control.
c.) Any liability of the Company to the Client shall be limited in total to the price of the goods and services ordered.
a.) All cancellations are to be notified in writing and their receipt acknowledged in writing by the Company.
b.) Charges will be made for all work done and materials bought up-to and until written confirmation of order cancellation has been received.
a.) The Company shall be deemed to have fulfilled its contract by delivery of printed goods of a quantity within ten percent plus or minus of the quantity ordered and shall invoice at the contract rate for the quantity delivered.
b.) Any alteration by the Client to the ordered quantity of goods and services must be regarded as a separate contract unless written notification is received before work commences on the original order.
All Client information received by the Company will only be used for the purpose of conducting business between the two parties. Client information is not passed onto third parties without prior expressed permission by the Client. The Company will not keep data for any longer than is necessary and will ensure that where data is no longer required it will be deleted from records.
9. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
a.) All copy or other materials submitted by the Client for the Company’s use in producing goods and services ordered will be accepted as fully compliant with all applicable laws regarding trademark, copyright, privacy, patent or similar protection. The Client is responsible for researching their company name to ensure the name is not already in use or protected by copyright or trademark laws and will not hold the Company responsible for any copyright infringements that may occur. Refunds will not be made in the case of possible copyright infringement.
b.) Upon final approval by the Client of all design works provided by the Company, all liabilities for errors, changes or alterations become the responsibility of the Client. The Company will not be liable for any reprint costs or damages of any kind resulting from any errors. Additional charges for changes or alterations made after final approval will be made at the discretion of the Company and the Client will be liable for any charges imposed. It is the Client’s responsibility to check all spellings or for errors in the designs.
c.) Upon completion of the contract, the copyright and ownership of new logos and designs produced by the Company will pass over to the Client.
d.) The Company reserves the right to reproduce and display all logos and designs created under contract for the purpose of its own promotional activities.
d.) The company names, logos and trademarks which are displayed on all Fineye literature and web-pages, or within supplier’s catalogues or samples are reproduced only to demonstrate the effects obtained by personalised printing and as a guide to printing positions. They do not necessarily imply that the products have been supplied to, or endorsed by, the owners of the names, logos and trademarks featured and the Company apologises for any inconvenience caused. The items displayed are not for resale with these specific details on them.
e.) All concepts, visuals and rough designs created by the Company during the design process remain the property of the Company and may not be used without permission. The Company reserves the right to sell unused concepts and visuals to other third parties.
10. FORCE MAJEURE
The Company will not be held responsible for failure or delay in the carrying out of it’s obligations under a contract arising out of any cause outside it’s reasonable control or by inability to procure materials or articles except at higher prices due to any such cause and in such circumstances the Company shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to the Client.
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