DEREK REED T/A SILVERMAZE (The Business) TERMS & CONDITIONS 

Overall

1. Price variation Estimates are based on the businesses current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.

2. Tax The majority of business undertaken by the Business is rated at zero for VAT and because of that the business is not registered for VAT

Mapping & Artwork

3. Preliminary Work All work carried out, whether experimental or otherwise, at customer’s request shall be charged

4. Copy A charge may be made to cover any additional work involved where copy or data supplied to us is not clear and legible

5. Creative Work Creative Work shall remain the businesses exclusive property, and no use of it shall be made, nor any ideas obtained therefrom be used and the completed job will be deemed acceptable unless otherwise agreed

6. Proofs Proofs of all work will be submitted for customer’s approval and the business shall incur no liability for any errors not corrected by the customer in proofs so submitted. Corrections to that first proof will be executed free of charge provided the corrections are in accordance with the customers original brief. Alterations not included in the original brief, subsequent corrections/alterations and additional proofs shall be charged extra. When style, type or layout is left to the  judgement of the business, changes made by the customer shall be charged extra.

7. Colour Proofs Due to differences in equipment, paper, inks and other conditions between colour proofing and production runs, a reasonable variation in colour between colour Proofs and the completed job will be deemed acceptable unless otherwise agreed.

8. Delivery and Payment Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed. Unless otherwise specified the price quoted is for delivery of the work to the customer’s address as set out in the estimate. A charge may be made to cover any extra costs involved in delivery to a different address. Should expedited delivery be agreed an extra might be charged to cover any overtime or any other additional costs involved. Should work be suspended at the request of or delayed through any default of the customer including delay in approving/modifying proofs for a period of thirty days the business shall then be entitled to payment for work already carried out, materials specially ordered, costs committed to and other additional costs including storage. Unless prior agreement to the contrary and subject to the aforementioned our standard payment terms for agreed account holders in the UK are 33% with order, 33% on submission by the company to the client of first proof and 34% upon completion. For other clients, payment should be made promptly by credit card against an invoice received from our payment gateway.

Ownership Upon completion of the work and after full payment for the work, the ownership of the map image/artwork but not the copyright will pass to the client. All materials purchased or work undertaken prior to supplying that map image/artwork file in PDF or Jpeg or similar format shall remain the property of the business and is not available for transfer. This proceeding work will include but not be limited to: aerial photography, reference materials, survey information and map/artwork vectors. Copyright of the map image will remain with the business unless a transfer of copyright document has been agreed prior to order placement and raised, the conditions therein agreed, and the document signed by the client and countersigned by the business in that order. A fee for the transfer of copyright will be charged.

Print

10.  Variation of quantity Every endeavour will be made to meet delivery dates but unless agreed otherwise in writing such terms will not be the essence of the contract. Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5% for work in one colour only and 10% for other work being allowed for overs or shortage (4% and 8% respectively for quantities exceeding 50,000) the same to be charged or deducted.

11. Claims Advice of defects, damage, delay or partial loss of goods in transit or non-delivery must be given in writing to the business and the carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to the Business and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other claims must be made in writing to the company within 28 days of delivery. The Business shall not be liable in respect of any claim unless the aforementioned requirements have been compiled with except in any particular case where the customer proves that (I) it was not possible to comply with the requirements and (II) advice (where required) was given and the claim made as soon as reasonably possible.

12. Liability The Company shall not be liable for any loss to the customer arising from delay in transit however caused. The Business shall not be liable for any customer’s or third party loss relating to the contract no matter how incurred.

13. Customers property (a) Except in the case of a customer that is not contracting in the course of a business, nor holding himself out as doing so, customer’s property and all property supplied to the Business by or on behalf of the customer shall while it is in the possession of the Business or in transit to or from the customer be deemed to be at the customer’s risk unless otherwise agreed and the customer should insure accordingly (b) the Business shall be entitled to make a reasonable charge for storage of any customer’s property left with the Business before receipt of the order or notification to the customer of completion of work.

14. Electronic files

a.It is the customer’s responsibility to maintain a copy of any original electronic file.

b. The Business shall not be responsible for checking the accuracy of supplied input from an electronic file unless otherwise agreed in writing.

c. Without prejudice to 15, if an electronic file is not suitable for outputting on equipment normally adequate for such purposes without adjustment or other corrective action the Business may make a charge for any resulting Additional cost incurred.

15. Materials supplied by the customer (a) the Business does not accept plates and may reject any paper or other materials supplied or specified by the customer, which appear to him to, be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or part of such additional cost could have been avoided but for unreasonable delay the company in ascertaining the unsuitability of the materials then that amount should not be charged to the customer. (b) Where materials are so supplied or specified, the company will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects on or unsuitability of materials so supplied or specified. (c) Quantities of materials supplied shall be adequate to cover normal spoilage

 Interactive Websites

16. Interactive websites will be subject an initial charge and a monthly fee to cover licencing, hosting and maintenance. The monthly fee will be for an initial period of 24 months and annually thereafter and cancelled by giving three months’ notice prior to renewal date. Standard websites created and hosted by us will be subject to an initial charge and attract a hosting and maintenance. The monthly fee will be for an initial period of 12 months and annually thereafter and cancelled by giving three months’ notice prior to renewal date.

17. Insolvency If the customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding up petitions issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, the business without prejudice or other remedies shall (I) have the right not to proceed further with the contract or any work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to him, and (II) in respect of all unpaid debts due from the customer have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days notice to dispose of such goods or property in such a manner and at such a price as he thinks fit and to apply the proceeds towards such debts.

18. Returns In the case of a Silvermaze product produced under its own label for sale through retail outlets, the Business will not accept any returns unless previously agreed in writing. Any product returned without this agreement may incur storage charges and/or redelivery charges.

19. Illegal matter (a) The Business shall not be required to print any matter, which in his opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or any other rights of any third party. (b) TheBusiness shall be indemnified by the customer in respect of any claims, cost and expenses arising out of ant libellous matter or any infringement of copyright, patent design or any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.

20. Force Majeure The Business shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation of furtherance of a dispute or owing to any ability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to the company elect to terminate the contract and pay for the work done and materials used, but subject thereto shall otherwise accept delivery when available.

Law These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.