Consultancy & Supply Terms & Conditions
These consultancy and supply terms and conditions apply to and cover all
work, advice and information provided by Rebel Marketing, and is freely
accessible from the website at all times.
The terms of business listed applies to all work which we undertake for
our clients unless, by exception, some other arrangement is made in writing.
The issuing of instructions following receipt of these terms of business
by a client will constitute acceptance.
In the context of this contract the term 'Company' covers all aspects of
writing, artwork origination, printing and warehousing supplied by Rebel
Marketing.
- Price variation -
Estimates are based on the Company's current costs and, unless otherwise
agreed, are subject to amendment on or at any time after acceptance to
meet any rise or fall in such costs.
- Tax - Except in the
case of a customer who is not contracting in the course of a business
nor holding himself out as doing so, the Company reserves the right to
charge the amount of any value added tax payable whether or not included
on the estimate or invoice.
- Preliminary work
- All work carried out, whether experimentally or otherwise, at customer's
request shall be charged.
- Copy - A charge
may be made to cover any additional work involved where copy supplied
is not clear and legible or if digital information requires additional
work to utilise.
- Proofs & Drafts
- All work may be submitted for customer's approval and the Company shall
incur no liability for any errors not corrected by the customer in works
so submitted. Customer's alterations and additional proofs necessitated
thereby shall be charged extra. When content, style, type or layout is
left to the Company judgment, changes there from made by the customer
shall be charged extra. No responsibility will be accepted for differences
between proofs and work supplied to the customer where the methods of
production differ.
- Delivery and Payment
- (a) Delivery of work shall be accepted when tendered and thereupon or,
if earlier, on notification that the work has been completed the ownership
shall pass and payment shall become due. (b) A charge may be made to cover
costs involved for delivery. (c) Should expedited delivery be agreed an
extra may be charged to cover any overtime or any other additional costs
involved. (d) Should work be suspended at the request of or delayed through
any default of the customer for a period of 28 days the Company shall
then be entitled to payment for work already carried out, materials specially
ordered and other additional costs including storage.
- Variations in Quantity
- Every endeavour will be made to deliver the correct quantity ordered,
but estimates are conditional.
- Claims - Advice
of damage, dissatisfaction of condition, delay or partial loss of goods
in transit or of non-delivery, must be given in writing to the Company
and the carrier within three clear days of delivery. (In the case of non-delivery,
within 28 days of dispatch of the goods) All other claims must be made
in writing to the Company within 7 days of delivery. The Company shall
not be liable in respect of any claim unless the aforementioned requirements
have been complied with except in any particular case where the customer
proves that it was not possible to comply with the requirements.
- Liability - The
Company shall not be liable for any loss to the customer arising from
delay in transit not caused by the Company.
- Standing Material
- (a) Metal, film, glass and other materials owned by the Company and
used by us in the production of proofs, plates, negatives, positives and
the like shall remain our exclusive property. Such items when supplied
by the customer shall remain the customer's property.
- Customer's Property
- Except in the case of a customer who 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 Company by or on behalf of the customer
shall while it is in the possession of the Company or in transit to or
from the customer be deemed to be at customer's risk unless otherwise
agreed and the customer should insure accordingly.
- Materials - supplied
to the customer responsibility will not be accepted for imperfect work
caused by defects or unsuitability of materials so supplied or specified.
- 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 petition against it
or being a person commits an act of bankruptcy or has a bankruptcy petition
issued against him, the Company without prejudice to other remedies shall:
- have the right not to proceed further with the contract or any other
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
- 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 manner and at such price as
he thinks fit and to apply the proceeds towards such debts.
- Illegal Matter
- The Company shall be indemnified by the customer in respect of any claims,
costs and expenses arising out of any libelous matter or any infringement
of copyright, patent, design or of any other proprietary or personal rights
contained in any material produced for the customer. The indemnity shall
extend to any amounts paid on a lawyer's advice in settlement of any claim.
- Force Majeure -
The Company 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 or furtherance of a dispute or owing to
any inability to procure materials required for the performance of the
contract. During the continuance of such a contingency the customer may
pay for 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.
- Payment - Terms
of payment are strictly within 28 days from date of invoice only, unless
stated otherwise on the invoice. In the case of disputes, these must be
notified to the Company within 21 days of the date of invoice, otherwise
payment will be expected within the overriding terms of 28 days.
For other Terms & Conditions relating to the Rebel Marketing website,
please click on the following: