Mark Eslick Graphics Terms & Condtions 2006

1. Applicability of Terms. These are our Standard Terms of Business which apply to all work which we do, except where otherwise agreed; by instructing us to proceed you accept these terms which are subject to and comply with the Unfair Contract Terms Act 1977.

2. Charges and Payment. Where no price has been agreed we will charge you a reasonable price depending upon the work or goods involved.
We will charge Value Added Tax where appropriate. This may not be shown on the estimate.
We will charge for all preliminary work which is produced at your request.
We may charge extra to cover additional work not included in the original Contract including extra time spent where the copy supplied is not clear and legible. Where possible copies should be supplied typewritten.
If you require work very urgently after an estimate has been given by us then we may charge extra for it.
Payment for work is due 21 days after the date of invoice. Overdue accounts will carry interest on the amount outstanding from time to time at 4% above the current Bank Base Rate of Lloyds Bank PLC or of any Bank which supercedes it.
Unless we state otherwise carriage will be charged extra at the actual cost of carriage.
Estimates are based on the current costs of production and are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
Estimates are conditional upon a margin of 5% being allowed for overs or shortages the same to be charged or deducted.

3.Copyright and Retention of Title. We retain copyright in all work done by us but we will always consider selling it at a fee to be agreed.
Goods sold to you shall be at your risk from the time of delivery.
Except for copyright property in goods sold to you shall not pass to you until full payment. Until such payment we retain all rights of ownership in the goods including the right to repossess them at any time
Until such payment or repossession you must keep the goods in such manner that they remain identifiable as our property. If we decide to exercise our right to repossess any goods in respect of which full payment has not been made we shall be entitled at any time to enter any premises of yours (using no more force than is reasonable) for the purpose of exercising such right and we shall have the right to search your premises for our goods

4. Quality of Goods Supplied. Goods supplied by us shall be of merchantable quality fit for their intended purpose in accordance with the Sale of Goods Act 1979. No further or other obligation is undertaken as to the description quality or fitness of goods supplied.

5.Quality of Work Done. Except where otherwise agreed we promise to exercise reasonable care in carrying out your instructions and (in so far as instructed) in giving advice to you. Save as set out above we shall have no further or other obligation or liability in respect of the work carried out or in respect of any omission or default in relation thereto.

6.Time. We always make every effort to deliver goods and to perform work within the time that is stated or requested but time is not of the essence.

7.Your Property. Although we always aim to take reasonable care of your property we do not accept legal liability arising from any loss or damage to it . All your property is held at your risk.
While we take every care to obtain the best results responsibility cannot be accepted for imperfect work caused by the defects in or unsuitability of materials or equipment supplied by you.
Where you supply materials then adequate quantities must be supplied to cover shortage.

8.General Limitation of Liability. Except as expressly stated we cannot be expected to and do not undertake liability to you for losses which might be incurred through delay for performance or non-performance and further we do not insure against such loss. All liability for such losses is therefore excluded.
Claims arising from damage delay or partial loss of goods in transit must be made in writing to us and the carrier so as to arrive within three days of delivery and claims for non - delivery within twenty eight days of dispatch of the goods. All other claims must be made within ten days of delivery.
We shall not be liable for interest or subsequential loss or for any loss to you arising from third party claims whether arising out of the order by delay in delivery.
Artwork must be checked by you at all times and corrections must be clearly marked. Once the final proof has been passed by you then we will not be liable for any further copy errors in the printed matter.

9.Illegal Matter etc. You warrant to us that your material does not contain anything which could infringe copyright or which is defamatory or obscene or the reproduction of which is in any way contrary to law. We reserve the right in our sole discretion to refuse to deal with any such material.
If we do produce any such material then you will indemnify us in respect of all claims costs and expenses arising from the production of it.

10. Insolvency. If you cease to pay money due to us or if you have a Winding up Petition issued against you or if you commit an act of bankruptcy or have a Bankruptcy Petition issued against you then without prejudice to any other remedies we have the right not to proceed further with the contract or any other work which we are doing for you and we have the right to charge for all work carried out (whether completed or not) and for all materials purchased for you; this is to be an immediate debt due from you to us. We shall also have a general lien on all goods and property in our possession whether worked on or not and we shall be entitled on the expiration of 14 days written notice to you to dispose of such goods and property in such manner and at such price as we think fit and to apply the proceeds towards such debts.

11. Force Majeure. While we will make every effort to carry out this contract nevertheless if we cannot do so because of Act of God war strike lock-out or other labour dispute fire flood drought legislation or other cause beyond our control then we shall not be liable to pay you damages.

12. Cancellation. Should it become necessary for either of us to cancel an order after acceptance of our estimate then all costs incurred to date together with any consequent claims from our suppliers shall become payable by you.

13. Agents. We reserve the right to use sub-contractors where we think fit.
The benefit of all exemption or limitation clauses in these conditions shall extend to all our employees agents or sub-contractors concerned with the performance of the work, who shall each be entitled to every defence exemption or limitation of liability to which we are entitled under these conditions; for this purpose in which we are entitled under these conditions; for this purpose in contracting with you we contract as agent for and on behalf of all such employees agents and sub-contractors as well as on our own behalf.

14. Storage of Artwork. Finished Artwork will be kept by us for two years after completion of it. After two years we may destroy it.

15. Arbitration. Any dispute or difference between us and you in connection with this agreement shall be referred to and determined by a single arbitrator ( " The Arbitrator") such arbitration to be held in Southampton or wherever the Arbitrator directs. The Arbitrator shall be appointed by agreement between us or in default of agreement by the Chartered Institute of Arbitrators of 75 Cannon Street London EC4N 5BH. The procedure to be followed shall be agreed between us but in default of agreement shall be determined by the Arbitrator. In the event of default by either of us in respect of any procedural order made by the Arbitrator, the Arbitrator shall have power to proceed with the arbitration in the absence of either of us and to deliver his award. The Arbitrator shall not act as an expert.

16. The English Law. The proper Law governing the contract will be English Law.