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Terms & Conditions
1. ORDERS are accepted by K&S Commercial Photos Ltd. (hereinafter referred to as 'the Company') on the basis that the Customer accepts these terms of business.
These Terms and Conditions of Business constitute the entirety of the contract between the Company and the Customer. No variation of or addition to the same shall be accepted unless agreed in writing and signed by a Director of the Company,
2. CREDIT ACCOUNTS may at the absolute discretion of the Company be opened on the receipt of two satisfactory trade references. All accounts are strictly nett and must be settled by the last day of the month following the date of invoice.
PPLA CREDIT REFERENCE SERVICE. As a member of this scheme the company reserves the right to notify the PPLA of any clients not maintaining their account within these terms of business. Orders for Clients without a credit account will be despatched under pro-forma invoice. Alternatively orders can be accepted on a cash basis.
OVERDUE ACCOUNTS 2% per month will be added to any invoice outstanding after a period of three months.
3. PRICES. Unless otherwise stated prices are strictly nett and are subject to alteration without notice.
4. DELIVERY. A van delivery/collection service is available on established days and routes. Up to date routes and timetables are available on request. This service is free to all account holders whose accounts are not overdue otherwise a charge of £2.50 + VAT per visit within the Leicester city boundary and £5.00 + VAT per visit outside Leicester city boundary will be added to the invoice.
Non-account holders will be charged at a rate of £2.50 + VAT per visit within the Leicester city boundary and £5.00 + VAT per visit outside Leicester city boundary.
All material or goods are carried entirely at the Customer's own risk. Other methods of despatch are available upon request and these will be charged at the costs pertaining at the time of carriage. Whilst every effort will be made to keep to agreed delivery times and dates, the Company accepts no liability in the event of our failure to do so. The Customer has no rights to cancel a late job in part or whole.
5. COPYRIGHT, (i) By placing an order the Customer warrants to the Company that either the Customer owns the relevant copyright or has the copyright owners authority to commission the Company to fulfil the order placed by the Customer with the Company.
The Company reserves the right at any time to confirm any such authority direct with the copyright owner.
The Customer hereby agrees to indemnify the Company against all costs claims and demands howsoever or whatsoever arising in respect of verification of copyright authority or any alleged breach of copyright by the Company.
(ii) The copyright in any artwork or design created by the Company or its employees or agents is retained by the Company unless the Company has by written authority of a Director agreed to the contrary.
6. PROCESSING. Any material sent to the Company for processing is accepted on the understanding that their value is no greater than the current retail value of new and unexposed material and that the Company's liability does not exceed the replacement of equivalent unexposed material. Where material sent for processing is considered to be of greater value than the replacement cost of the material itself, the Customer must declare this in writing to the Company prior to the work being undertaken. The Company's liability is limited to the value of the unexposed material itself. Any materials, goods, artwork or property of any description accepted by the Company and/or its employees is accepted on the condition that the liability or potential liability of the Company is limited to a value of £50 per order and any excess of this figure must be at the Customers own liability. The Company may be able to arrange additional insurance cover on request at extra cost to the Customer, subject to the Payment of the premium by the Customer prior to the Company accepting the work.
7. COLOUR MATCHING. Due to limitations in colour processing the Company cannot guarantee to match colours but every effort will be made to match samples provided. In the absence of colour guides or samples the Company will print to a colour balance at its discretion and no claims whatsoever will be considered after the order is complete.
8. V.A.T. will be charged at the appropriate current rate at the time of invoicing.
9. CONSEQUENTIAL LOSS. No claim can be considered however caused.
10. COLOUR STABILITY. The dyes used in the manufacture of photographic materials are subject to change with time and conditions, the Company is therefore unable to accept any liability for fading or colour change.
11. When requested to make a choice from a selection of negatives or transparencies supplied, the Company may find it necessary to produce a print from each and in such circumstances the prints will be charged to the Customer. In all cases where the decision is left to the laboratory, then this decision will be final.
12. ESTIMATES AND QUOTES. All quotes are valid for a period of 30 days from the date of issue and reference to any quote given by the Company must be made on the order form at the time of our acceptance of the work. The Company reserves the right to alter the price or terms of any quote given if on receipt and inspection of the Customers order and origination it is found in the Company's absolute opinion to differ from the specification upon which the quote was given.
Any quotation given verbally is subject to confirmation on the sight of all origination.
13. TITLE. The Company retains the title of any goods supplied by the Company until all amounts due from the Customer in respect of such goods are paid in full.
14. CLAIMS. Any claim must be made in writing to the Company within 7 days of the delivery date. All materials, origination, packaging and invoices must be returned to the Company at the time of the claim.
15. The Customer's name and address should be clearly marked on the outside and inside of any packets sent to the Company.
16. Any packets containing exposed films for processing must be clearly marked (gummed labels for C41 and E6 processing will be supplied by the Company on request). All reloaded cassettes must be clearly marked with both film type and process type required.
17. MASKING INSTRUCTIONS. lf possible please supply black and white proofs to show cropping and indicate clearly any bleed or extra paper area required.
18. Internegatives or dupe transparencies supplied should be accompanied by an indication of the correct way round if no obvious image exists, i.e. lettering or wedding rings.
19. In the absence of specific instructions the type of prints made will be entirely at the Company's discretion.
20. A quotation must be obtained for any size or quantity not in the Company's current price list.
21. PRINT SIZES are nominal and can vary with manufacturers limits.
22. Any items required in faster than normal service times may incur additional charges.
23. Prints and originals supplied by the Customer for the Company to mount, encapsulate or to process by any other method, will be accepted only at the customers own risk and no liability whatsoever will be accepted for the loss of, damage to, any such material.