1. Definitions ““ in these terms:
“the Company” means ATG Photography & Marketing
“the Customer” means the person, organisation or firm whose order for goods or Services is accepted by the Company
“Products” means goods of any description (including but not limited to printed items, graphics in any physical form, designs, promotions items) which the Company is to supply in accordance with the contract
“Services” means the Services which the Company is to supply in accordance with the Contract
“Contract” means the Contract for the supply of the Products or for the provision of the Services by the Company to the Customer
“Document” includes, in addition to a document in writing, a map, plan, design, drawing, picture or other image, or any other record of any information in any form
“Terms” means the Standard Terms and Conditions of trading of the Company set out in this document and (unless the context otherwise requires) includes any Special terms agreed in Writing between the Company and the Customer
“Writing” includes facsimile transmission, email or other electronic method
2. Basis of the Supply
The Company shall sell and the Customer shall purchase the Products and/or Services in accordance with the Customer’s Written order (if accepted by the Company) and the Company’s Written confirmation.
No variation of these Terms shall be binding unless agreed in Writing between the authorised representatives of the Customer and the Company.
The Company’s employees or agents are not authorised to make any representations concerning the Products or the Services unless confirmed by the Company in writing. In entering into a Contract the Customer acknowledges that it ds not reply on any representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
Any advice or recommendations given by the Company or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Products or the Services which is not confirmed in Writing by the Company is followed or acted upon entirely at the Customer’s own risk and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
3. Orders and Specifications
The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable Specification) submitted by the Customer, and for giving the Company any necessary information relating to the Products or the Services within a sufficient time to enable the Company to perform the Contract in accordance with its terms.
The quantity, quality and descriptions of the Products or the Services and any Specification for them shall be as set out in the Customer’s Written order and the Company’s confirmation.
The Company reserves the right to make any changes to the Specification of the Products or the Services which are required to conform with any applicable statutory or European Union Requirements or, where the same are to be supplied to the Customers’ Specification, which do not materially affect their quality or performance.
4. Cancellation of orders
If the Customer cancels an order after the Company has commenced work on it, the Customer shall be charged the full order value, or such lower amount as the Company may (in its sole discretion) determine.
The price of the Products or the Services shall be the Company’s quoted price or, where no price has been quoted (or the quoted price is no longer valid), the price listed in the Company’s published price list or on the Company’s website, current at the date of acceptance of the order.
Price changes are liable to happen at any time, but these will not affect Products for which the Company has already sent a Written confirmation.
Despite the Company’s best efforts, some items may on occasion be incorrectly priced. The Company is under no obligation to provide the Product to you at the incorrect price, even after it has issued a written confirmation.
6. VAT and other taxes
All orders accepted will be on the basis that they exclude Value Added Tax (VAT) or any other taxes, duties etc. If any such tax or duty becomes payable on the sale price, the Company shall have the right to charge that amount.
7. Terms of Payment – Customer without an account
A Customer who ds not have an account with the Company must pay in advance for the Products or Services either by credit card, debit card, BACS, bank transfer or cash
8. Terms of Payment – Customer with an account
A Customer with an account with the Company must:
pay all amounts by the date they become due
not exceed any credit limit applied to the account from time to time
The Customer shall pay the price for the Products or the Services within 30 days of the date of the Company’s invoice, unless otherwise agreed
At the Company’s sole discretion, the Company may insist that the Customer:
pay a deposit on an order which exceeds Â£750.00, or, make a payment to ensure that the credit limit applied to the account is not exceeded
The Company reserves the right to charge interest on amounts that are unpaid by their due date at a simple interest rate of 24% per annum and calculated on a daily basis from the date of despatch of the goods or the date on which the goods were made available for collection.
The Customer shall indemnify the Company for the costs involved in pursuing any legal or debt collection actions against the Customer (including taking the advice of a solicitor or barrister, charges made by a debt recovery agency, time spent and costs incurred by the Company’s employees and/or directors in preparing and pursuing that legal action) to recover monies owed by the Customer or from any third party who has given a guarantee or indemnity against any amounts owed by the Customer. It is also agreed that any legal proceedings shall be dealt with by an appropriate Court of Law whose geographical location shall be of the Company’s choosing and which shall be within the locality of its office or place of business.
The delivery period is Specified in working days ““ Monday to Friday ““ excluding public holidays.
The delivery period will be regarded as having been observed if the goods have been despatched.
Charges for delivery will be made unless the price agreed for the work includes delivery charges, although there shall always be an additional charge for expedited delivery.
10. Liability arising from delay
The Company shall not be liable for any loss (whether actual or consequential) arising from delay in the performance of any order or of finished goods in transit. Time shall not be the essence of any order notwithstanding any action by the Company that purports to guarantee a delivery or collection time or date. Time-sensitive or dated material ds not in itself make time the essence of any contract, and it is the Customer’s responsibility to allow sufficient “slack time” when placing any order to allow for any delay that may occur.
11. Preliminary Work
The Customer may request some form of preliminary work before agreeing to place a firm order. All work carried out in respect of the Customer’s request, whether experimentally or otherwise, shall be charged at the Company’s normal rates. Such work is chargeable whether or not a prior estimate of the price of such work has been given to the Customer.
12. Proofs and artwork
12.1. The Customer is responsible for:
- clearly, concisely, Specifically and adequately conveying requirements
- ensuring that any originated artwork is suitable and adequate for purpose
- thoroughly, properly and completely checking any proof for errors or omissions
- clearly marking any necessary amendments on a proof
- giving a complete and absolute approval of a proof in a Written form and giving the Company authority to proceed to print the work
12.2. After the Company has submitted a proof extra charges may be made if:
- alterations or changes to the original concept design or content are made which necessitates additional work
- change in style, type or layout if the Customer had previously left it to the Company’s discretion
- the Customer asks the Company to supply additional proofs
13. Computer files, camera-ready copy and viruses
The Customer must ensure that:
computer files supplied to be used in the production of artwork and/or printed work are suitable for the purpose for which they are intended and are thoroughly checked to ensure their suitability. Lack of knowledge of file types and file formats etc is not sufficient reason for supplying computer files which are not suitable for the purpose intended
copy or artwork supplied in ‘camera-ready’ or final format is clear, legible, and suitable for its intended purpose and in accordance with any Specification that the Company may have notified to the Customer
14. Copyright, working materials and Customer’s property
14.1 The Company shall:
- exclusively own the copyright in any artwork it produces, including the copyright in the way in which a work is presented or designed and in the content material in any work where that content has been created by the Company.
- exclusively own all working materials (files, disks, papers etc) used to create or maintain work undertaken for the Customer
14.2 The Company shall not: own the copyright in the content of any material not created by the Company
- own the copyright in any proprietary logos, text, illustrations or photographs supplied by the Customer or other third-party copyright holders
- be obliged at any time to give up working materials (files, disks, papers etc) or a copy of them to the Customer
14.3 The Customer Shall:
- be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible materials (“Materials”) prior to instructing the company to reproduce the same.
- shall indemnify and hold the company and its agents and representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the Materials by the company infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
15. Force Majeure
The Company shall be under no liability if unable to carry out any provision of a contract for any reason beyond its control, including (without limiting the foregoing): acts of God, legislation, war, fire, flood, draught, failure of power supply, mechanical breakdown, lock out, strike or other action taken by its employees or suppliers’ employees, or an inability to procure materials required for the performance of the contract. During the continuance of such a contingency, the Customer may by written notice elect to terminate the contract but shall pay for work done and materials used or Specially purchased, but subject thereto shall otherwise accept delivery if and when available.16. Insolvency of Customer Without prejudice to other remedies, the Company shall have the right not to proceed further with any order and be entitled to charge for work already carried out (whether completed or not) and materials purchased if:
the Customer ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due
being a company, the Customer is deemed to be unable to pay its debts or have an administration order or a winding-up petition issued against it
being an individual, partnership or unincorporated body, commits an act of bankruptcy or have a bankruptcy petition issued