Terms and Conditions – Dyson Art Limited
In these Terms & Conditions the following terms shall have the following meanings.
Company: Dyson Art Limited
Customer: Any contract of sale of goods by Dyson Art to the customer.
Goods / Price: The price as detailed on the written order form or job sheet.
Quotations by the company unless otherwise stated in them shall be open for acceptance within 30 days of the date on the quotation.
a) The customer is required to verbally or otherwise issue instruction to Dyson Art to provide the services that they require. Any orders received by Dyson Art will be confirmed in writing by the customer before work commences, stating the specification details, completion dates and costs for services.
b) Dyson Art will recommend a suitable specification for artworks taking into account the General Product Safety Regulations 2005.
c) Where the customer decides to bypass the recommendation with insistence their preferred specification be applied, the customer without exception makes declaration and acknowledges Dyson Art is not liable under any circumstances for any costs, claims, injury, damages, losses or loss of profit incurred by the customer or other party in any event. The customer undertakes to indemnify Dyson Art and keep them indemnified hereby at all times from any such claims, on submission of their Artworks for treatment.
d) Dyson Art reserves the right to alter completion dates for work where delivery of artwork to the company occurs later than previously advised by the customer.
e) Where the customer increases the quantity of works or requests additional services, other than those previously agreed, Dyson Art will endeavor to meet the request dependent on other commitments once written confirmation is received. Dyson Art shall not be liable for any additional works that are not completed in time for the original dispatch date requested.
3. ORDER CHANGES, VARIANCE OR CANCELLATION.
a) The customer shall be required to provide Dyson Art written notice of any changes, variance or cancellation they may wish to make in connection to the order that has already been placed with the company.
b) Dyson Art reserve the right to issue amendment / variance /cancellation charges without any prior notice or limitation in accordance with the change of instruction, should the company incur additional expenses or have committed additional funding to the project prior to any notice being received.
4. SPECIFICATIONS, DOCUMENTS, DRAWINGS AND MATERIALS.
a) All specifications, patterns, designs, drawings and other documents prepared in connection with the order shall be followed by Dyson Art as placed in writing by the customer.
b) The customer shall be responsible for any errors or omissions in any drawings, calculations or particulars supplied by them whether or not such information has been approved by the company.
c) Dyson Art shall not be liable for any errors or omissions made by the customer within these documents, or in the dimensions of customer’s self-supplied materials.
d) Any loss, costs or expenses suffered by Dyson Art due to customer error, omissions or self-supplied material defects will be payable by the customer.
5. PRICE AND PAYMENT TERMS.
a) Non-account customers undertake to make full payment to Dyson Art for works completed at the price agreed, prior to collection or delivery of goods on issue of our invoice. All non-account orders will be subject to a 50% deposit, payable before works commence.
b) Credit account customers undertake to make full payment to Dyson Art for works completed at the price agreed under their terms of credit as arranged, at the date of the invoice.
c) Dyson Art reserves the right to adjust the prices if the customer makes any alterations to the original agreed order, specification, materials design of any kind arising for any reason after the date of the contract order.
d) Dyson Art reserves the right to charge interest on a daily basis in all cases of overdue payments at a rate of 6%. In the event Dyson Art release works prior to payment at their discretion, the interest charge on overdue payment will still apply.
e) Dyson Art reserves the right to charge all overdue payments at 3% on a daily basis in addition to the above, if it transpires that we need to keep storage of completed artworks on the premises without prior arrangement.
f) Where the customer fails to collect completed artworks following written notification from the company of availability of the goods, Dyson Art reserves the right to charge costs for storage irrespective of whether the service has been paid prior.
g) Should works be uncollected and the service remain unpaid for by the customer for a period exceeding six months, Dyson Art will assume the permanent title and ownership of the artwork. The company will then seek to recover costs incurred by the possible resale of the item(s) concerned.
6. RISK, DELIVERY AND PERFORMANCE
a) The Artworks are delivered to the customer when the company makes them available to the customer or any agent of the customer or any carrier (who shall be the customer’s agent whoever pays its charges) at the company’s premises or other delivery point agreed by the company.
b) Risk in the artworks passes when they are delivered in accordance with clause.
c) The company may at its discretion deliver the Artworks by installments by any sequence.
d) Where the Artworks are collected by installments, no default or failure by the company in respect of any one or more installments shall vitiate the contract in respect of the Artworks previously delivered or undelivered Artworks.
e) Any dates quoted by the company for the delivery of the Artworks are approximate only and shall not form part of the Contract and the customer acknowledges that in the performance expected of the company has been paid to any quoted delivery dates.
f) If the customer fails: to take delivery of the Artworks or any part of them on the due date; and to provide any instructions or documents required to enable the Artworks to be delivered on that due date, the company may on giving written notice to the customer store or arrange for the storage of the Artworks, and on the service of the notice:
i) Delivery of the Artworks shall be deemed to have taken place; and
iii) The customer shall pay to the company all costs and expenses including storage, any redelivery and insurance charges arising from its failure.
g) The company shall not be liable for any penalty, loss, injury, damages or expense arising from any delay or failure in delivery or performance from any cause at all nor shall any such delay or failure entitle the customer to refuse to accept any delivery or performance of or repudiate the Contract.
a) Dyson Art makes no warranty for defect, failure, error or deficiency of works, services or materials, which may arise from the supply of artworks, or materials by the customer.
b) Dyson Art makes no warranty for defect, failure, error or deficiency of works, services or materials provided if not reported to us within 24 hours of receipt by the customer.
c) Where organic products form or comprise part formation of materials supplied by Dyson Art, the company makes no warranty against natural changes or imperfections occurring in these items or artworks that are subsequently attached.
a) In the unlikely event where professional indemnity insurance applies, cover will meet the cost of artwork reproduction only
b) The company shall have no liability to the customer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory duty on the part of the company or in any other way out of or in connection with the performance or purported performance of or failure to perform the contract.
c) If the customer establishes that any Artworks have not been delivered, or do not comply with their description, the company shall at its option, replace with similar goods any Artworks which do not comply with their description, allow the customer credit for their invoice value or repair any damaged artwork.
d) Where the company is liable in accordance with this condition in respect of only some or part of the Artworks the Contract shall remain in full force and effect in respect of no other or no other parts of the Artworks and no set-of for other claim shall be made by the customer against or in respect of such other or other parts of the Artworks.
e) In no circumstances shall the liability of the company to the customer under this condition exceed the reprint value of the Artworks.
f) Dyson Art shall not accept any liability under any circumstances for any other costs, claims, damages, losses or loss of profit incurred by the customer in any event. The customer undertakes to indemnify Dyson Art and keep them indemnified hereby at all times from any such claims, on submission of their Artworks.
g) The customer should ensure that adequate insurance is in place to all, at all times to cover their submitted artworks for the avoidance of any doubt.
9. FORCE MAJEURE
Dyson Art shall not be liable for any failure in the performance of any of their obligations under these Terms & Conditions caused by factors outside of their control.
10. TERMINATION OF AGREEMENT
a) Dyson Art reserves the right to terminate or suspend provision of their services if the customer fails, or the company is of the belief that the customer will fail, to meet their obligations as specified in these terms and conditions.
b) In the event of termination all monies owed to Dyson Art will immediately become due and payable.
LAW AND INTERPRETATION
These Terms & Conditions shall be governed by English Law and the customer consents to the exclusive jurisdiction of the English courts in all matters regarding it except to the extent that the company involves the jurisdiction of the courts of any other country.