The term ‘the Company’ or ‘Company’ refers to Create Canvas Ltd T/A Graphica Display
The placing of an order expresses acceptance of our terms of business. The following conditions apply to, and are deemed to be incorporated in all contracts for the sale and supply of the Company’s services and materials. They specifically exclude any terms and conditions proffered by the client.
PRICE AND PAYMENT
Where no other terms of payment have been specified the Company’s terms are strictly payment with order. Credit accounts will only be established following receipt of 2 satisfactory trade references and a suitable bank reference. Credit accounts to be settled within 30 days of date of invoice.
Unless otherwise stated an estimate is open for acceptance for a period not exceeding 30 days from date of issue. We reserve the right to alter the price, or terms of an estimate, if on inspection of a client’s order or instruction it is found to be different from the specification understood when the estimate was given.
Unless stated otherwise all orders will be subjected to a delivery charge at the prevailing rates of relevant courier service. The company shall deliver the Goods to the Buyers address and on the date as both are shown on the purchase order. Time is not the essence for delivery. Goods/data are sent entirely at the risk of the client or consignee, this includes the possibility of wrongful delivery. The Company accepts no liability for goods/data, considered by the client as confidential, being received by a third party.
The Buyer shall be deemed to have accepted the Goods if they have not been rejected on or before the seventh day after delivery. The Buyer shall carry out a thorough inspection of the goods within (e.g. 48) hours of delivery. And shall give written verification to the Seller within (e.g. 5) days of delivery of any defects which reasonable examination would have revealed. The Buyer shall not be entitled to reject the Goods in whole or in part after such date
An order or the acceptance of an estimate must be accompanied by sufficient information to enable the Company to proceed with the order, with any modifications being agreed in writing. All purchase orders must display company name, order number, date and be signed. If a special estimate is used then reference to that must be made. All telephone, Internet and associated orders or alterations to orders must be confirmed in writing. All communications relating to orders should specify the order number and date of the original order together with a description of the goods.
TITLE AND RISK
The Company retains title to the goods until all amounts due from the client are paid. In the event of a client being unable to pay his debts, the Company may enter the client’s premises and recover the goods.
LIMITATION OF LIABILITY
The Company will not accept liability beyond the cost of the client’s original material. The client will have been assumed to have effected all risks insurance to the intrinsic value of their property.
The Company reserves the right to alter prices without prior notice.
ALL MONIES RETENTION OF TITLE
Not with standing delivery and the passing of risk, property in the title to the goods shall remain with the seller until the seller has received payment of the full price of a) all goods and/or services the subject whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer.
Without specific instructions or a written colour specification, reproduction of colour, brightness and contrast will be deemed faithful at the discretion of the Company.
By placing an order the client accepts that the copyright remains the property of the company, unless otherwise agreed formally in writing. The client assumes absolute liability for any violation of copyright relating to objects captured within photography carried out by the Company and then published over the Internet or considered published by the issue of data on a disk.
The Company will use it’s best endeavours to ensure that orders are completed within the times stated but will not accept any liability for damages in the event of failure so to do. Should delay be experienced in the completion of an order the buyer does not have the right to cancel his order either entirely or in part.
VALUE ADDED TAX
All prices stated are exclusive of VAT. This is charged at the rate prevailing on the date of supply.
MINIMUM ORDER CHARGE
At the company’s discretion orders will be subjected to a minimum charge of £10.
If any Court holds any term or provision of these Conditions invalid, illegal or unenforceable for any reason of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
The Seller may without the consent of the Buyer sub-licence its rights or obligations or any part of these Conditions.
The headings in these Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions.
THIRD PARTY RIGHTS
Notwithstanding any other provision of this agreement, nothing herein shall confer nor is it intended to confer a benefit on any third party for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose.
Further to this, the sold goods are solely the property of Create Canvas Ltd T/A Graphica Display until such time as full payment is received to the value of this invoice.
GOVERNING LAW AND JURISDICTION
The laws of England and Wales shall govern this agreement
RIGHTS OF CONSUMER
Nothing in these Conditions shall affect the statutory rights of the consumer.