11. Consequential Loss: Responsibility will not be accepted for consequential loss or damage howsoever arising.
12. Copyright: The Client is wholly responsible for the Copyright on any artwork/pictures/graphics, which they provide to be used on new artwork, and/or printed goods. The Client shall indemnify the Company against all claims, actions, penalties, damages, costs and expenses for which the Company may become liable, or which the Company may incur through anything done by it in the execution of any contract with the Client involving a breach of any Patent, Registered Design, Trade Mark, or Copyright, or any Government or other Regulation. Copyright in all preliminary designs by the Company and in all work and matter produced by the Designer as part of the brief shall remain the property of the Company who shall reserve the right to approve the quality and use of such designs as processed for various media.
13. Force Majeure: The performance of all contracts is subject to variation, suspension or cancellation arising from any Act of God, War, Strikes, Lock-outs, National Emergency, Fire, Flood, Drought, Shortage of Fuel or Power, the inability to obtain supplies of materials or articles, or any other causes whatsoever beyond the control of the Company.
14. Cancellation of Contracts: In the event of any contract (whether oral or in writing) between the Client and the Company being suspended or cancelled by reason Force Majeure or any other causes whatsoever beyond the control of the Company, the contract shall be suspended or cancelled but the rights and liabilities existing at the time of such suspension or cancellation remain.
If the Client ceases to pay his debts in the ordinary course of business or commits any act of bankruptcy, then and in any such case the Company shall without prejudice to other remedies have the right not to proceed further with the brief or any other work for the Client and be entitled to charge for all work already carried out and materials purchased for the Client such charge to be a debt immediately due to the Company.
15. Illegal Matter: The Company shall not be required to work on or in connection with any matter which in the Company’s opinion is or may be of an illegal or defamatory nature or an infringement of the proprietary rights or other rights of any third party. The Client shall indemnify the Company against and in respect of any action claims, demands, damages, costs, charges or expenses arising from or incurred by reason of any defamatory matter contained in or otherwise relating to the brief or any infringement or alleged infringement by the Designer while engaged on or in connection with the brief of any letters patent registered design, copyright trademark or trade name protected in the United Kingdom such indemnity to extend to any amounts paid by the Company on legal advice in settlement of any such claim as aforesaid.
16. Terms of Payment: Unless otherwise specified, payment for orders shall be made within 30 days from date of Invoice. Save where the Client is not contracting in the course of a business nor holding himself out as so doing the Company reserves the right to charge the amount of any value added tax payable and whether or not included in the quotation.
17. These terms and conditions shall apply to all contracts.
18. The Company may deliver of up to 10 per cent greater or 10 per cent less than the Client’s stipulated quantity without any liability whatsoever except that the price charged shall be for the delivered quantity at the unit rate applicable to the stipulated quantity.
19. Overdue Accounts & Recovery: The Company will apply interest to all balances remaining outstanding following the expiry of the terms stated at the time of order. Such interest to be calculated on a daily basis at a rate of 3% per annum above the Bank of England Minimum Lending Rate.
In the event of the Company instituting legal proceedings against the Client for recovery of overdue monies then the full legal costs of recovery will be aggregated with the debt for which the proceedings were commenced.
The Company shall reserve the right to demand payment in advance in part or in full at the time of the order.
In the event of a dishonoured cheque, the Company shall charge £35.00 to cover administration and bank costs.
20. Sales of Goods: Ownership of the goods, which are subject of this Contract, shall not pass to the Client until they are fully paid for, but the risk in the goods shall be borne by the Client from the date of the delivery by the Company or its carriers to the Client.
In the event that the price for the goods is not paid by the Client by the due date, the Company shall at its absolute discretion, be at liberty to retain or recover the goods.
For all purposes the Client hereby grants to the Company an irrevocable lien on the goods until the price is paid.
The Company may maintain an action against the Client for any loss and damage suffered in consequence of the Client’s failure to complete the Contract or pay the price for the goods.