| 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, ie. 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. |
