Terms & Conditions
TEN94 DESiGN LTD (“TEN94 DESiGN LTD”)
1. Price Variation. The price of the work shall be in accordance with TEN94 DESiGN LTD quotation, which shall remain valid and open for acceptance by the Client for thirty (30) days only from the date of issue on these conditions.
2. Tax. All prices quoted are subject to value added tax, where applicable.
3. Preliminary Works. All work carried out at the Client’s request, unless agreed as ‘speculative’, at the onset, shall be charged and projects aborted at Clients request shall be subject to a design fee along with payment of all external incurred costs.
4. Alterations. A charge may be made to cover any additional work involved where copy/instructions are changed after commencement of work and certainly once a job has progressed to repro or print.
5. Proofs. Proofs of all work will be submitted for Client’s approval and TEN94 DESiGN LTD shall incur no liability for any errors not corrected by the Client in proofs so submitted. Client’s alterations and additional proofs necessitated thereby shall be charged extra. Clients are required to sign off proofs before print by email.
6. Delivery and payment.
a. TEN94 DESiGN LTD reserves the right to charge the Client for any additional costs incurred pursuant to a request made by the Client to deliver the work to a different address beyond the region.
b. Should expedited delivery be agreed an extra cost may be charged to cover any overtime or any other additional costs involved.
c. The Client shall pay the invoice price (inclusive of VAT where applicable) plus all other sums due to TEN94 DESiGN LTD in respect of the Work within thirty (14) days of TEN94 DESiGN LTD invoice date, notwithstanding that delivery may not have taken place and property in the Work has not passed to the Client. The time of payment of the invoice price shall be of the essence of the contract and the Client shall have no right to set off.
d. If the Client fails to make any payment on the due date and without prejudice to any other right or remedy available TEN94 DESiGN LTD shall be entitled to –
i. Cancel the contract or suspend any further deliveries to the Client under any such contract and to set off the amount due to it hereunder against any sum owed by it to the Client.
ii. Appropriate any payment made by the Client to such of the Work (or goods supplied under any contract between TEN94 DESiGN LTD and the Client) as TEN94 DESiGN LTD may think fit.
iii. Charge the Client interest (both before and after any judgement) on ‘the amount unpaid at the rate of four (4)% per annum above the base rate from time to time until payment in full is received.
7. Claims. Advice of damage, delay or partial loss of goods in transit or of non delivery must be given in writing to within three clear days of delivery (or, in the case of non delivery, within 28 days of despatch) and any claim in respect therefore must be made in writing to within seven days of delivery (or, in the case of non delivery within 42 days of despatch). All other claims must be made in writing to TEN94 DESiGN LTD within 28 days of delivery. TEN94 DESiGN LTD shall not be liable in respect of any claim unless the afore mentioned requirements have been complied with except in any particular case where the Client proves that (a) it was not possible to comply with the requirements and (b) advice (where required) was given and the claim made as soon as reasonably possible.
8. Guarantee and Liability.
a. TEN94 DESiGN LTD shall not be liable for any loss to the Client arising from delay in transit.
b. Any claim by a Client which is based on any defect in the quality or condition of the Work shall (whether or not delivery is refused by the Client) be notified to TEN94 DESiGN LTD within seven (7) days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Client does not notify TEN94 DESiGN LTD accordingly the Client shall not be entitled to reject the Work and TEN94 DESiGN LTD shall have no liability for such defect or failure and ‘the Client shall be bound to pay the invoice price as if the Work had been delivered in accordance with the Contract.
c. Except in respect of death or personal injury caused by its negligence TEN94 DESiGN LTD shall not be liable to the Client by reason of any representation or any implied warranty, condition or other ‘term or any duty at common law or under the express terms of the Contract for any consequential or indirect loss or damage (whether for loss of profit or otherwise) costs expenses or other claims of consequential compensation whatsoever (and whether caused by the negligence of TEN94 DESiGN LTD, its employees or agents or otherwise) which arise out of or in connection with the Work or its use or resale, by the Customer except as expressly provided in these conditions.
9. Materials supplied by the Client. Additional costs incurred if materials provided by the Client are found to be unsuitable during production may be charged. Where materials are so supplied or specified, TEN94 DESiGN LTD 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, e.g. photographs.
10. Insolvency. If the Client commits any act of bankruptcy or enters into receivership administration or winding up TEN94 DESiGN LTD without prejudice to other remedies TEN94 DESiGN LTD shall; (a) have the right not to proceed further with the contract or any other work of the Client and be entitled to charge for work, already carried out (whether completed or not) and materials purchased for the Client, such charge to be an immediate debt due to the Client and (b) a buyers right of possession of any goods for which the full invoice price has not been paid shall cease TEN94 DESiGN LTD shall be entitled in these events to enter at any time any premises of the Client to recover such goods.
11. Illegal matter and infringement. TEN94 DESiGN LTD shall be indemnified by the Client 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 printed for the Client. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
12. Force majeure. TEN94 DESiGN LTD shall be under no liability if they are unable to carry out the contract due to force majeure or for any reason beyond their control. During the continuance of such contingency the Client may by written notice elect to terminate the contract and pay for work done and materials used, but the subject thereto shall otherwise accept delivery available.
13. Law. These conditions and all other express terms of the contract shall be, governed and construed in accordance with English law.
14. Copyright. The copyright, any design rights and other intellectual property rights attaching to the work created by TEN94 DESiGN LTD on behalf of the Client, will vest in TEN94 DESiGN LTD, unless assigned in writing to the Client.