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The following are the Terms and Conditions of trading of Definitions The Company - means Admin Systems of 41 West King Street, Helensburgh, Dunbartonshire,G84 8UL. The Customer - means the person who orders the supply of Services or Goods from the Company. Data - means the data files sent by the Customer. It can be supplied in magnetic or laser form on disc or sent by telecommunication, either directly or indirectly via a third-party service provider. It can be produced using one of many programs. Services - means the services rendered by the Company and the processing and materials used in those services. Goods - means the prints or the product result of the Services given to the Data sent by the Customer. Price List - means the Company's price list as revised from time to time- Order - means an order by a Customer for services or goods from the Company. Prices - The prices in the Price List shall apply unless varied in writing. The Customer acknowledges having viewed a copy of the Price List prior to placing an order. 2. All work carried out at the Customer's request, whether experimentally or otherwise shall be charged at the rates specified in the Price List. Presentation of Data 3. The Company shall not in any way become liable for incorrect or omitted output if caused by the Customer's failure to present the Data in the manner specified by the Company on or before accepting the order. If such a situation arises and results in the Company having to repeat the output of the Data the Company shall make additional charges based on the rates specified in the Price List. The Customer shall be responsible for ensuring that it keeps a back-up copy of all Data or material provided to the Company and the Company shall not be responsible for any loss, direct or indirect. as a result of failure by the Customer to keep such back-up copy. 4. The Customer shall supply any such information relating to the Data as requested by the Company in its literature or otherwise. 5. The Customer shall follow the guidelines laid down by the Company in its literature, in relation to the presentation of the Data, whether it is supplied in magnetic (disc) form or transmitted by telecommunications. Despatch 6. Time of despatch by the Company shall not be of the essence of any contract. 7. The Customer shall pay despatch charges as specified in the Price List. 8. While the Company shall make every effort to meet despatch schedules given by the Company, such schedules are to be treated as estimates and are subject to extension to cover delays caused by events beyond the Company's control. 9. The Company shall not be liable for any loss or damage to the Customer or any third party arising out of its failure to meet a despatch schedule whether or not third parties are involved. Delivery 10. The Company will not be responsible for late delivery, damage to the Goods, or lost Goods. The Company's responsibility towards the Goods despatched ends at the Company's premises. The choice of the despatch method and the responsibility for such rests with the Customer. Payment 11. Payment will normally be made by debiting the Customer’s credit or debit card immediately prior to dispatch of goods. Card details provided by the Customer on registration will be held securely off line by the Company for this purpose. Where credit terms have been arranged, payment of an invoice will become due prior to 10 days after the end of the month of the date of the invoice. The Company reserves the right to charge interest on unpaid invoices at the rate of 2% per month for each month beyond the lOth day of the month following the date of invoice. 12- The Customer shall not be entitled, for any reason, to withhold or set-off payment of any invoice or make any deduction or counterclaim. VAT Applicable VAT will be charged in addition to all the prices in the Price List. Accuracy of Work 13. Although the Company will make every reasonable effort to ensure accuracy, the Customer accepts responsibility for checking immediately upon receipt that the work returned from the Company is in accordance with the Customer's specifications. 14. The Company shall not be held responsible for any errors of accuracy notified to the Company at any stage after acceptance of the work by the Customer. A Customer shall be deemed to have accepted goods or services if the Customer fails to notify the Company of any inaccuracies or faults within five working days after they are supplied to the Customer. 15. The Company's liability for defects in the goods caused by the negligence of the Company shall be limited to the replacement by the Company of the prints and the despatch to the Customer by the same or similar method as was used for the dispatch of the original goods at no cost to the Customer provided that such defect is notifíed in accordance with Clause 16 above and that the goods have been returned to the Company as evidence of such defects. 16. The Company shall not be held responsible for errors in work output which are due entirely, or in part, to the software chosen and used by the Customer. 17. In any event the liability of the Company hereunder for any defects/errors in the goods which are the subject of an Order shall be limited to the amount payable to the Company under the Order. 18. The Company shall not be liable for consequential loss or loss of profit or any other indirect loss of whatsoever nature including (without prejudice to the generality of the foregoing) claims for proofs. plates, printing or delivery costs. 19. Where a complaint or a claim has been made in respect of goods alleged to be defective the Company may suspend further deliveries of any goods under any order which may have the same or similar alleged defects until such complaint or claim has been resolved. In such event the applicable delivery dates shall be postponed. 20. It shall be the responsibility of the Customer to check the accuracy of any work produced by the Company immediately upon receipt. It is the Customer's responsibility to arrange such checks in the event of the work being despatched to another address as instructed by the Customer. Libellous or lllegal Matter 21. The Customer shall indemnify the Company in respect of any claims. costs. damages or expenses arising out of any defamatory matter or any infringement of copyright or patent or trademark or registered design contained in any materials processed for the Customer. 22. The Company shall not be required to process any matter which. in its opinion is, or may be, of any illegal or defamatory nature. Insolvency 23. If the Customer, whether a company or individual. makes any voluntary arrangement with its creditors or becomes subject of an administration order or becomes bankrupt or goes into liquidation, the Companywill have the right to declare that all sums due become due immediately and payable. Force Majeure 24. The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any failure to perform, or delay in performing any of the Company's obligations in relation to the Goods if the delay or failure is beyond the Company's reasonable control: (a) Act of God. explosion. flood. tempest, fire or aciddent. war or threat of war, sabotage, insurrection. civil disturbance or requisition, acts, restrictions, regulations. bye-laws, prohibitions or measures of any kind by local authority. governmentor parliament: (b) import or export regulations or embargoes, strikes. lock-outs or other industrial actions or trade disputes whether involving employees of the Company or of a third party: (c) difficulties in obtaining raw materials, labour (including ill health of employees), fuel, parts or machinery; power failure or machinery breakdown. Customer's Property 25. The Company accepts no responsibility for any loss or damage to Data or property in the Company's possession. or in delivery, unless the Customer has given expressed written instructions and agreed to pay for any such insurance on such Data or property. While reasonable care is taken against loss of or damage to articles entrusted to the Company, all are held at the sole risk of the Customer, or any such insurance protection. Law 26. These Terms and Conditions and any other terms or conditions made between the Company and the Customer shall be governed by the laws of Scotland and the Customer hereby accepts the non-exclusive jurisdiction of the Scottish Courts. © Copyright Admin Systems 2002 |
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