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Important
All business is conducted and orders are only accepted to the Terms and Conditions of Business set up below. They contain important matters affecting rights and liabilities and you are advised to read them.
Interpretation
In the Terms and Conditions "the Company" means Euroart and "the Customer" means the party to whom goods and services are supplied by the Company. Headings are included for reference only and shall not affect the construction of these Terms and Conditions.
Terms
These Terms and Conditions shall govern each transaction made by the Customer with the Company and shall supersede any previously published terms and conditions of business and shall override any terms or conditions stipulated, incorporated or referred to by the Customer in its order or negotiations (unless otherwise expressly agreed in writing by a Director of the Company)
Prices
Prices are as stated in the Company's current price list or as agreed at the date of order.
Orders
Orders should be accompanied by an official order or written instructions signed by a duly authorised person.
Verbal instructions are accepted only on the understanding that the Company will not be responsible for mistakes arising therefrom
The Company reserves the right at its discretion to refuse any order.
The Company shall be entitled to sub-contract any service that it agrees to perform for any Customer.
A charge may be made to cover additional work involved where copy supplied is not clear and legible.
Colour matching
Whilst every care is taken to achieve the best possible colour reproduction of artwork The Company cannot guarantee exact colour matching with original artwork due to different colour tones of transparency films from different manufacturers and chemical processes in professional laboratories which is beyond the Company’s control.
Printing composition Printing composition, if not stated will be left to the discretion of the printer and his decision will be final.
Preliminary work All work carried out, whether experimentally or otherwise, at customer’s request shall be charged.
Payment Terms
On certain classes of work, the Company reserves the right to insist upon payment being received prior to commencement of work.
An advance payment will be required with order with the balance payable before or on delivery, at the Company’s discretion.
Any sum due but not paid shall bear interest at the rate of 3% per month. Such accrual shall commence from the day following the day on which the account become due.
Should work be suspended at the request of, or delayed through the fault of the customer for a period of 30 days, the Company will be entitled to payment for work already carried out, materials specially ordered and any other additional costs, including storage which have been incurred.
Completion Dates No completion date is guaranteed unless the required date has been notified to the Company in writing. Whilst every effort will be made to meet such dates, due to the nature of the process involved, the Company cannot accept any liability or consequential loss claims arising from such a completion date not being met.
Claims
Any dispute or claim regarding the invoice or the goods supplied must be made to the Company in writing within 5 working days from the date of invoice date or delivery date, whichever is the latest. Any query regarding non delivery must be made within 14 days of the invoice date. Claims outside this limit will not be entertained.
Liability
The Company shall not be liable for any loss to the customer arising from delay in transit not caused by the Company.
Customer’s property
a) Customer’s property and all property supplied to the Company by or on behalf of the Customer shall while in the possession of the Company or in transit to or from the Customer be deemed to be at the Customer’s risk and the Customer shall insure accordingly.
b) Whilst every care is taken, the Company or its agents cannot accept responsibility for any loss or damage to artwork, photographs, transparencies, etc.
Materials supplied by the customer
The company may reject any pictures, transparencies, negatives or other material supplied or specified by the customer which appear to the Company 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 customer.
Where materials are so supplied, 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.
Insolvency
If the Customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person which has an act of bankruptcy petition issued against him, the Company without prejudice to other remedies shall:
- have right not to proceed further with the contract or any other work for the Customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Customer, such charge to be an immediate debt due to him, and
- in respect of all unpaid debts due from the Customer have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceeds towards such debts.
Illegal matter
The Company shall not be required to proceed with any order which in its opinion is or may be illegal or libellous nature or an infringement of the proprietary or other rights of any third party.
The Company reserves the right to refuse any order which in its opinion, may be prejudicial or detrimental to the good of the Company’s business.
The Company shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material produced for the customer. The indemnity shall extend to any amounts paid on lawyer’s advice in settlement of any claim.
Force Majeure The Company shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) war, fire, drought, flood, failure of power supply, Act of God, lock out, strike or other action taken by employees in contemplation or furtherance of a dispute of owing to any inability to procure material required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to the Company elect to terminate the contract and pay for work done and material used.
Law
These condition and all other express terms of the contract shall be governed and construed in accordance with the laws of England
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