Terms and Conditions
Any work undertaken by Freestyle Solutions is
subject to these terms and conditions
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. If a
credit account has been agreed and setup, overdue accounts will be charged a 2%
above base rate surcharge per month on the amount outstanding. 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 10% being allowed for overs or shortages, the same
to be charged or deducted. Estimates are also conditional upon a margin of 10%
being allowed for weight difference in stock, 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. lf 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. Please allow an approximate 10% swing for overs or unders.
Please also allow 10% swing in colour balance.
5. Artwork Supplied.
We
accept no responsibility for any artwork supplied to us in any form. All artwork
supplied should meet our technical specifications. A technical specifications
sheet is available upon request.
6. Quality of Work Done.
Except where
otherwise agreed we promise to exercise reasonable care in carrying out your
instructions and (insofar 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.
7. Time.
We always make every effort to deliver goods and to
perform work within the time that is stated or requested but if we exceed
turnaround time, we do not except any responsibilities or losses.
8. 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.
9.
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.
All claims arising from damage, delay or partial loss of goods in transit or of
any other nature must be made in writing to us within 7 days of delivery or
non-delivery. Please note whilst we will make every attempt in providing goods
suitably packaged for transit, we do not accept liability for goods sent to you
by third party couriers. 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 or 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.
10. Illegal Matter Etc.
You warrant to us that your
material does not contain anything which would 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.
11. 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 see
fit and to apply the proceeds towards such debts.
12. Force
Majeure.
While we 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.
13.
Cancellation.
Should it become necessary for either of us to cancel an order
after acceptance of our estimate then all costs incurred to date with any other
consequent claims from our suppliers shall become payable by you.
14.
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 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.
15.
Storage of Artwork.
We accept no responsibility to store your artwork for any
considered time, however it is normal for us to keep a rough record.
16.
Law. of Contract
These terms of business and all other express terms of the
contract shall be governed and construed in accordance with the laws of England
and Wales. These terms supersede all others.
Any work undertaken by Freestyle Solutions is
subject to these terms and conditions
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. If a
credit account has been agreed and setup, overdue accounts will be charged a 2%
above base rate surcharge per month on the amount outstanding. 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 10% being allowed for overs or shortages, the same
to be charged or deducted. Estimates are also conditional upon a margin of 10%
being allowed for weight difference in stock, 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. lf 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. Please allow an approximate 10% swing for overs or unders.
Please also allow 10% swing in colour balance.
5. Artwork Supplied.
We
accept no responsibility for any artwork supplied to us in any form. All artwork
supplied should meet our technical specifications. A technical specifications
sheet is available upon request.
6. Quality of Work Done.
Except where
otherwise agreed we promise to exercise reasonable care in carrying out your
instructions and (insofar 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.
7. Time.
We always make every effort to deliver goods and to
perform work within the time that is stated or requested but if we exceed
turnaround time, we do not except any responsibilities or losses.
8. 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.
9.
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.
All claims arising from damage, delay or partial loss of goods in transit or of
any other nature must be made in writing to us within 7 days of delivery or
non-delivery. Please note whilst we will make every attempt in providing goods
suitably packaged for transit, we do not accept liability for goods sent to you
by third party couriers. 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 or 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.
10. Illegal Matter Etc.
You warrant to us that your
material does not contain anything which would 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.
11. 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 see
fit and to apply the proceeds towards such debts.
12. Force
Majeure.
While we 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.
13.
Cancellation.
Should it become necessary for either of us to cancel an order
after acceptance of our estimate then all costs incurred to date with any other
consequent claims from our suppliers shall become payable by you.
14.
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 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.
15.
Storage of Artwork.
We accept no responsibility to store your artwork for any
considered time, however it is normal for us to keep a rough record.
16.
Law. of Contract
These terms of business and all other express terms of the
contract shall be governed and construed in accordance with the laws of England
and Wales. These terms supersede all others.