Platinum GI Imaging ltd
TERMS & CONDITIONS
In these conditions the expression “the Company1 means “Platinum GI Imaging limited” as the case may be.
Unless otherwise expressly agreed in writing all services and goods are provided or sold subject to the following conditions to the exclusion of any conditions of the Customer and no agent or representative of the Company has any authority to vary or omit these conditions or any of them.
No work can be accepted without a written order. The placing of an order implies acceptance of these Terms of Business.
All quotations given in writing will only be valid for 21 days from the date thereof but shall not constitute an order. A copy of our quotation must accompany the Customer’s written order.
Unless otherwise stated prices stated are net and exclusive of VAT.
(i) . The Company will use its best endeavors to deliver at the time stated but delivery times and dates shall be regarded as approximate only,
(ii) Failure to deliver at the time stated will not be sufficient cause for cancellation and the Company will not be liable for any losses, costs, damages or expenses consequential or otherwise suffered by the Customer,
(iii) Where delivery is made by instalments, delay in delivering one or more Instalments shall not entitle the Customer to refuse to accept any remaining instalments,
(iv) The Customer shall not refuse to accept delivery of any consignment or instalment on account of any shortage or defect in any other delivery,
(v) Delivery shall take place when the goods are delivered to the Customer’s premises unless the Customer has given the Company special instructions as to carriage or delivery in which case delivery shall take place when the goods are delivered to the order of the Customer.
- NEW ACCOUNTS
(i) Until credit facilities are granted, all business is transacted by pro forma invoice or cash on delivery unless otherwise agreed,
(ii) Net monthly accounts can be opened upon receipt and approval of one Bank reference and one trade reference. Application forms are available on request.
- MINIMUM CHARGE
A minimum charge of 50 will be applied to all orders if placed on a credit account.
- CREDIT AND TERMS OF PAYMENT
(i) Where credit is given payment shall be made in full not later than 30 days after the Invoice date.
(ii) In the event of non-payment of any sum by the due date all monies owing (whether or not due and payable) by the Customer to the Company shall become due and the Company may without prejudice to any of its rights under these conditions charge interest on the aggregate of such sum then outstanding at the rate of 8.5% per annum above the base rate of HSBC Bank pic from time to time such interest
(iii) to accrue on a daily basis until the date of actual payment, after as well as before any judgment. All payments are to be made on or before the due date as a condition precedent to future deliveries and where the goods are delivered in
(iv) instalments payment for each Instalment shall be a condition of delivery of subsequent instalments Customers shall not be entitled to any set-off or counterclaim or make deductions In payment in respect of invoices
(v) which are not in dispute. The Company reserves the right to recover from the Customer any costs or expenses incurred directly or indirectly in connection with an overdue account.
- RISK AND TITLE
I (i) Goods shall remain the property of the Company until unconditional payment in full has been received by the Company for the goods and for all other goods which have been delivered by the Company to the Customer at the time of full payment for such former goods.
(ii) Until such unconditional payment the Customer shall keep such goods in its capacity as bailee for the Company.
(iii) The Company may appropriate payments by the Customer to such goods and accounts as It thinks fit, notwithstanding any purported appropriation by the Customer to the contrary, and may make such appropriation at any time.
(iv) If before property in goods has passed to the Customer the Customer is in breach of any payment obligation hereunder or enters into any composition with Creditors or allows execution or distress to be levied against Its goods or enters into liquidation or suffers an Administrator or an Administrative Receiver to be appointed or being an individual shall be adjudicated bankrupt or have a Receiving Order made against him the Company may give notice to the Customer terminating the contract whereupon (subject always to the provisions of the Insolvency
Act 1985 and any amendment thereto) the Customer shall at his own expense re-deliver such goods to the Company. In such cases the Company may with or without previous notice take possession of and sell the goods and is in such circumstances irrevocably authorised by the Customer to enter the premises on which the goods are situated and remove the same at the Customer’s expense.
(v) Notwithstanding the provisions of this clause risk in all goods supplied shall pass to the Buyer on delivery whereupon the Buyer shall be liable for the insurance of such goods.
- DAMAGE IN TRANSIT
Except where the Customer has given special instructions as to carriage or delivery and delivery has been made to the order of the Customer as mentioned in Clause S(v) the Company will either at its own election repair or replace free of charge goods supplied by the Company which are damaged in transit or
(subject always to clause 14) allow credit therefore provided the Customer shall give the Company notice in writing of the extent and nature of the
(a) where goods are delivered by the Company within 4B hours of the time and date on which the goods were delivered, or
(b) where the goods are delivered by outside carriers within such time as will enable the company to comply with such carriers’ conditions of carriage for the notification of such claims. In the absence of such notification the Customer shall be deemed to have accepted the goods.
- SHORTAGES AND DAMAGED GOODS
No claims for shortages or In respect of damaged goods supplied by the Company shall be made unless the Company is notified in writing within 48 hours of the time and date on which goods were delivered to the Customer and in the absence of such Notification the Customer shall be deemed to have accepted the goods,
- ITEMS SUBMITTED BY CUSTOMERS
(i) Great care is taken in handling all Customers’ negatives, transparencies, original artwork and other goods, however, due to the nature of our service the Company can only accept such items on the basis that THEIR VAIUE DOES NOT EXCEED EITHER 100 OR THE CURRENT
REPL^CEMENT VALUE OF THE MATERIAL CONSTITUTING SUCH ITEMS WHICHEVER IS THE LOWER. ACCORDINGLY CUSTOMERS SHOULD
MAKE THEIR OWN INSURANCE ARRANGEMENTS IF NECESSARY.
(ii) (ii) Any claims for damaged items must be made in writing to the Company within 48 hours of the time and date on which such items were delivered to the Customer, or where such items are delivered by outside carriers within such time as will enable the Company to comply with such carriers’ conditions of carriage for the notification of such claims.
(I) The Company agrees (at its own election) to either rectify free of charge defects which arise solely from faulty materials or workmanship and errors or mistakes made by the Company or (subject always to Clause 4) allow credit therefore provided that (a) (in the case of errors or mistakes) the original work was accompanied by a valid written order, (b) the Company is notified in writing of the defect within 48 hours of delivery and (c) (if required) the goods are promptly returned to the Company. Oral orders are therefore accepted only on the understanding that the Company cannot be responsible for any errors or mistakes arising therefrom.
(II) The Company does not exclude its liability for death or personal injury and accepts liability for any breach on the part of the Company of any undertaking as to title, quiet possession and freedom from encumbrance which may be implied by Section 12 of the Sale of Goods Act 1979.
(III) This clause shall not deprive a Customer dealing as a consumer pursuant to Section 12 of the Unfair Contract Terms Act 1977 of his statutory rights.
(IV) Save as provided in (i)-(lii) above all warranties, conditions, guarantees or representations, express or Implied, statutory or otherwise are hereby excluded, and the Company shall not be liable for any loss, damage, expense or injury of any kind whatsoever, consequential or otherwise, arising out of or due to or caused by any defects or deficiencies of any sort in the work carried out by the Company or the goods supplied by the Company, and whether such defects or deficiencies are caused by the negligence of the Company or its servants or agents or otherwise.
- LIMITATION OF LIABILITY
Without prejudice to sub.clauses (li) and (iii) of Clause n above the amount of any damages recoverable by the Customer from the Company for breach of contract or negligence shall be limited to (i) the invoice value of the services and for goods provided by the Company (ii) in the case of items provided by the Customer the current replacement value of the materials constituting such items or 100 whichever is the lower.
- INABILITY 10 SUPPLY
(i) Without prejudice to any other condition hereof should the manufacture, supply or despatch of the whole or any part of the goods contracted for be interrupted, prevented or hindered by any cause or causes whatsoever beyond the Company’s control the Company shall be entitled to postpone or suspend any delivery or deliveries under the contract until (in the Company’s judgment) any such cause has ceased to operate. The Company shall be under no liability whatsoever in respect of such postponement or suspension.
(ii) If delivery Is delayed for more than 7 days the Company has the option (without incurring any liability for loss or damage arising therefrom) of cancelling the contract and refunding any payment made by the Customer.
Due to the fact that graphic materials are subject to slight dimensional instability and whilst Company takes every care to produce to specified sizes all work is only carried out by the Company on the understanding that dimensional accuracy cannot be guaranteed.
1 7. INTELLECTUAL PROPERTY RIGHTS
All work is accepted on the understanding that the Customer either has or has obtained the appropriate authority to permit reproduction and any infringement of copyright or of any other rights is the responsibility of the Customer. Accordingly the Customer agrees to indemnify the Company on a full indemnity basi^ in respect of any such infringement.
- COLOUR MATCHING
Due to variation in dye structures and other technical reasons it is sometimes difficult because of the different colour emulsions to reproduce all colours accurately. Accordingly whilst the Company takes every care to match colour as closely as possible all work is only accepted on the understanding that colour accuracy cannot be guaranteed.
- COLLECTION/DELIVERY CHARGES.
(I) Over 1 mile but less than five miles from our E16 location, Collection 20.00 Deliver – 20.00(111) Prices for collection/delivery outside the areas above shall be at the Company’s discretion, and will be quoted.
- RUSH CHARGE
Our normal working hours are 9:00 a.m. to 5:30 p.m. Monday to Friday inclusive. Our service periods and charges for rush work are available on request.
The Company shall have a lien on any goods of the Customer in the Company’s possession (constructive or otherwise) or subject to its control for all monies owing by the Customer to the Company whether or not such monies are due and payable.
The Company shall be entitled to terminate any contract forthwith without prejudice to its own rights accrued at the date of such termination and to recover damages in the event of any breach by the Customer of its obligations hereunder if the Customer shall be adjudicated bankrupt or has a Receiving order made against him or being a Company, if an Administrator or Administrative Receiver is appointed of the whole or any part of its assets or undertaking or a Winding-up order is made against the Customer or the Customer goes into voluntary liquidation (other than for the purpose of
reconstruction or amalgamation) or causes a meeting to be convened or makes any arrangement or composition with creditors or allows execution or distress to be levied against its goods.
The contract shall be governed by and construed in accordance with English Law and the parties hereto submit to the non-exclusive jurisdiction of the
Subject to the terms of business which are available on request. September 2015.