Conditions of Sale.
In these conditions “The customer” refers to any person or business using the services of A3M Designs Ltd. And “The company” refers to A3M Designs Ltd.
1. Preliminary work. All work carried out, whether experimentally or otherwise, at the customers request shall be chargeable.
2. Electronic files. (a) It is the customer’s responsibility to maintain a copy of any original electronic file. (b) The customer shall not be entitled to demand downloads of digital data from the company, by disc, tape or any communication link unless with the express agreement of the company. (c) The company is under no obligation to archive submitted or generated files, even when such files have been altered or amended by the company, unless such obligation has been agreed by the company.
3. Content. (a)The company shall not be responsible for checking the accuracy of supplied electronic files. (b) The company shall retain the right to refuse the printing of artwork which, in its opinion, the content is of possibly illegal, libellous or offensive nature.
4. Proofs. (a) The company shall incur no responsibility or liability for errors or omissions not corrected by the customer as a result of proofs submitted for approval. When style, fonts or layout is left to the company’s judgement, changes therefrom made at the customers request shall be charged extra. (b) Due to the differences in equipment, media, ink and other conditions between proofs and finished work, a reasonable variation in colour between proofs and the completed job will be deemed acceptable unless otherwise agreed.
5. Lead time. Work shall be completed in reasonable time, or as laid out in any quotation. Should expedited completion or delivery be requested by the customer additional costs may be levied to cover overtime, excess carriage costs or any other additional costs incurred.
6. Deliveries. (a)The company shall not be held liable for the actions, or inactions, of transport contractors in respect of delay, damage or non-arrival of goods, and no claim for consequential loss shall be accepted. (b) Claims in respect of delay, damage or non-arrival (where the liability lies with the haulage contractor) shall be limited in all cases to the cost of the carriage alone. (c) The customer shall allow reasonable time for transport of goods, to account for temporary delay and disruption of transport networks for whatever reason.
7. Cancellation. Should any work be cancelled, or suspended for a period in excess of 14 days, at the request of or through the default of the customer, the company shall be entitled to payment for work carried out, materials specially ordered and any other additional costs including storage.
8. Ownership. All goods remain the property of the company until the customer has paid for them in full and discharged all other debts owing to the company.
9. Claims. Advice of damage, delay or loss of goods in transit must be given in writing within 24 hours of delivery (or, in the case of non-delivery, within 28 days of notification of despatch.). All claims for loss or damage must be made in writing within fourteen days of advice of loss or damage.
10. Liability. (a) The company shall not be liable for indirect loss or third party claims as a result of delay in completing work or for any loss by the customer as a result of a delay in transit, whether as a result of the companies negligence or otherwise. (b) The company’s liability in the case of any defective work, for any reason, shall be limited to rectifying such defect. Where the company performs its obligations to rectify defective work under this condition the customer shall not be entitled to any further claim in respect of the work done, nor shall the customer treat the admission of defective work as ground for failing to pay for the work or cancelling other work in progress.
11. Sub-contract. The company shall, where appropriate or necessary, sub-contract some or all of the customers work to a third party.
12. Customer’s property. (a) Customers property and all property supplied to the company by or on behalf of the customer shall while it is in the possession of the company or in transit to or from the company be deemed to be at the customers own risk, and the customer should insure accordingly. (b) No liability shall be accepted by the company for customer’s property in respect of loss or damage howsoever incurred on the company’s premises, or in the charge of company employees. (c) The company shall be entitled to make reasonable charge for storage of property not removed on completion of work. (d) Without prejudice to other remedies, in respect of unpaid debts due from the customer the company shall have a general lien on all goods and property in his possession and shall be entitled on the expiry of fourteen days notice to dispose of such goods and property as agent for the customer in such manner and at such price as it thinks fit and to apply the proceeds towards such debts, and shall when accounting to the customer for any balance remaining be discharged from all liability in respect of such goods or property.
13. Payment. (a) Full payment is due prior to despatch of goods, unless credit terms have been agreed. (b) Account invoices are due 30 days net monthly, late payments can incur monthly a interest charge at the current prevailing rate in accordance with “Late Payment of Commercial Debts (Interest) Act 1998”
14. Subject matter. These conditions and all other express and implied terms of business shall be governed and construed in accordance with the laws of England.