Samgraphics.net is hereinafter referred to as 'The Company'. In these terms and conditions, 'electronic file' means any text, illustration or other matter supplied to The Company in digitised form on disk, through a modem, or any other communication link. All orders are accepted on the following conditions:
Orders
The placing of an order expresses your acceptance of my Terms of Business.
Estimates / Quotations
Unless otherwise stated an estimate is open for acceptance for a period not exceeding 30 days from the date of supply. Estimates are based on the current costs of production and agreed hourly rates and are subject to amendment on or after the acceptance of the estimate. The Company reserves the right to
re-quote if, on inspection of a Client's order or instruction, it is found to be different from the original brief. A charge may be made to cover any additional work involved where copy supplied is not clear and legible, the additional charge will be advised by The Company prior to commencement of work. All prices are exclusive of VAT which will be charged at the rate ruling at the time of invoicing.
Preliminary work
All design and artwork carried out, whether experimentally or otherwise, at Client's request shall be charged at my prevailing rates unless by prior agreement.
Cancellation of orders
Cancellation of orders will not be accepted other than by prior mutual agreement. Any such agreement will be subject to a cancellation charge to cover costs incurred, in addition to payment in full for all work undertaken prior to the date of agreement of the cancellation.
Electronic files
It is the Client's responsibility to maintain a copy of any original electronic file.The Company shall not be responsible for checking the accuracy of supplied input from an electronic file unless otherwise agreed. If an electronic file is not suitable for outputting on equipment normally adequate for such purposes without adjustment or other corrective action The Company may make a charge for any resulting additional cost incurred. Proofs / Author's Corrections
Unless otherwise stated on the original accepted estimate, Client's corrections on or after first proof, including alteration in style, will be charged extra. Proofs of all work may be submitted for Client's approval, and no responsibility will be accepted for any errors in proofs that have been passed by the Client. Colour proofs Due to differences in equipment, paper, inks and other conditions between colour proofing and production runs, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable unless otherwise agreed.
Websites / Deadlines / Author's Corrections
It is the Client's
responsibility to maintain a copy of any original electronic files, hard copy or discs that may be supplied for creating a website. Any media supplied is at the Client's own risk. Content for websites, must be supplied by signed agreement of a specified deadline. The Company shall not be held responsible for any delays to the completion of a website, where content has not been supplied within the deadline agreement signed by the Client, or any files that are supplied by the Client are not suitable for outputting. The Company may make a charge for any resulting additional cost incurred. Electronic proofs of all work may be submitted for Client's approval, and no responsibility will be accepted for any errors in proofs that have been passed by the Client.
Service Times
The Company will make every effort to ensure orders are completed within the stated time, but will not accept any liability for damages in the event of failure to do so. Should delays be experienced in the completion of an order the Client does not have the right to cancel the order, either entirely or in part.
Invoicing
Invoices will normally be issued on full and satisfactory completion of a job according to the agreed job description. The Company, however, does reserve the right to invoice at any stage of the job for work undertaken to date by arrangement with the Client. Any queries regarding an invoice must be notified to The Company in writing within 7 days of the date of the invoice.
The Company may terminate any contract should any sum due there under remain unpaid. Should work be suspended at the request of or delayed through any default of the Client for a period of 30 days The Company shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage. Should expedited delivery be agreed and necessitate overtime or other additional costs, an additional charge may be made.
Terms of Payment
Where no other terms have been specified The Company's terms of payment regarding established credit accounts are payment in full within 30 days of the date of invoice. In the case of new business the terms are strictly payment by return. In the event that any invoice remains unpaid after 30 days, the Client agrees to pay interest on the total outstanding amount to The Company at the current base rate of HSBC per month or part month until the account is settled.
Delivery and Payment
(a) Where the Client is the ultimate user then delivery of work shall be accepted when tendered and thereupon, or on notification that the work has been completed, the ownership shall pass provided that payment has been made in full; (b) Where the Client is an intermediary whether acting in law as principal or agent then delivery of work shall be accepted when tendered or when requested by us. Ownership shall not pass until payment has been made in full. From delivery and until payment, goods must remain clearly identifiable as my property; (c) Should expedited delivery be agreed and necessitate overtime
or other additional cost, an extra charge may be made; (d) Should work be suspended at the request of or delayed through any default of the Client for a period of 30 days or more we shall then be entitled to payment for work already carried out and materials specially ordered.
Copyright
By placing an order the Client declares his right to reproduce all material supplied. The Client assumes absolute liability for any violation of copyright in any action brought by a third party and agrees to indemnify The Company against any resulting losses or damages. The Company retains the copyright to all original designs and artwork produced by The Company, unless otherwise stated on the original accepted estimate. Templates and work may be held by
The Company by prior arrangement with the Client for use in future orders placed with The Company upon payment of an agreed sum. The company retains ownership of all original artwork, whether preliminary or final unless express release is given in writing.
Client's Property / Ownership and Risk
Client's property and all property supplied to us by or on behalf of the Client will be held, worked on, and carried at Client's risk.
Materials supplied by the Client
The Company may reject any hard copy, disks, or other media, materials supplied or specified by the Client which appear to her to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by The Company in ascertaining the unsuitability of the materials then that amount shall not be charged to the Client. Where materials are so supplied or specified, The Company will take every care to secure the best results, but responsibility will not be accepted
for imperfect work caused by defects in or unsuitability of materials so supplied or specified. Trades Descriptions Act
Sizes quoted are approximate only and on occasions can be fractionally over or under the size quoted.
Liability
The Company will not accept liability beyond the cost of the Client's original material and should this have an intrinsic value beyond that of the material
itself then the Client will have been assumed to have effected all risks insurance to the extent of that value. The Company shall not be liable for indirect
or consequential loss or for any loss to the Client arising from third party claims occasioned by errors in carrying out the work or by delay in delivery. The Company will not be responsible for errors which occur in the absence of written instructions or in the case of ambiguous and unclear instructions. Complaints must be notified within four days of receipt of work.
Force Majeure
Every effort will be made to carry out the contract but it's due performance is subject to cancellation or variation by The Company as thought necessary as a result of inability to secure labour, materials, or supplies or as a result of an Act of God, War, Strike, Lockout or other labour dispute, Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) beyond The Company's control.
General Lien
The Company shall in respect of all unpaid and undisputed debts due from the customer have a general lien on all goods and property in hand and shall be entitled on the expiration of 14 days' notice to dispose of such goods or property as The Company sees fit and to apply the proceeds towards such debts.
Law
These conditions and all other express terms of the contract shall be governed and construed in accordance with the Laws of England.
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