The obligatory but essential small print…
In the set Terms and Conditions, the “Customer” shall mean the company, firm, person or organisation stated, and the “Company” shall mean Sterling Creative.
No variation in these Terms and Conditions can be accepted by the Company unless agreed in writing by the Company prior to receipt of an order from the Customer, such agreement in writing to be signed by and only by a Director in the Company.
3- Contract Terms
All contracts made by the Company are subject to these Terms and Conditions and any Terms and Conditions referred to the Customer or contained in any order or acceptance of quotation or otherwise brought to the Customer’s notice by the Company.
Until the Company has received full payment of all sums due from the Customer for goods supplied; such goods shall remain the property of the Company.
(a) The Copyright in any concept and/or design produced for the Customer will be retained by the Company throughout the world.
(b) The Customer undertakes that he/she is unconditionally entitled to reproduce all material, which he/she wishes us to reproduce. The Customer shall indemnify us in respect of any claims, cost and expenses arising out of any kind of infringement of copyright trademark registered design or other proprietary right of a third party.
6- Divisibility Clause
(a)The Company reserves the right to make deliveries/and or services by instalments and render a separate invoice in respect of each such instalment.
(b) If the Company exercises its right to make deliveries/and or services in accordance with sub-paragraph (a) above, then any delay in the provision of such deliveries/and or services, or failure to deliver any further instalment or instalments, shall not entitle the Buyer to reject the contract or the delivery/services of any other instalment or to withhold payment in respect of any instalment previously delivered/serviced.
(a) 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 deemed unable to pay its debts or has a winding-up petition issued against it or being a person who commits an act of bankruptcy or has a bankruptcy petition issued against them, 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).
(b) The Company shall in respect of all unpaid debts due from the Customer have a general lien on all goods and property in his hands and shall be entitled on the expiration of 14 days/ notice to dispose of such goods or property as he thinks fit and to apply the proceeds towards such debts.
8- Cost variation
Quotations are based on the current costs of production and are subject to amendment by the Company on or at any time after acceptance to meet any rise or fall in such costs.
9- Payment terms
The Customer shall pay for the work done within 30 days from date of invoice. If the payment is not made upon the date specified, the Company may at its absolute discretion charge interest from the specified day, on a day-to-day basis at the rate of 3% per annum rate above NatWest plc base rate.
The Company shall be entitled to charge the amount of any Value Added Tax (VAT) payable whether or not included on the quotation or invoice.
11- Preliminary work
Work produced, whether experimentally or otherwise, at the Customer’s request will be charged for.
Author’s corrections on and after first proof, including alterations in style, will be charged extra. Proofs of all work may be submitted for the Customer’s approval, and no responsibility will be accepted for any errors in proofs passed by the Customer.
13- Delivery and payment
Delivery of goods shall be accepted, and payment shall become due upon notification that they are ready for delivery.
14- Expedited delivery
Should expedited delivery be agreed and necessitate overtime or other additional cost, an additional charge may be made.
15- Variation in quantity
Every endeavour will be made to deliver the correct quantity ordered, but quotations are conditional upon a margin of 5 per cent (in colour work 10 per cent) being allowed for overs or shortage, the same to be charged for or deducted.
Claims arising from damage, delay, or partial loss of goods in transit must be made in writing to the Company and the carrier so as to reach them within three days of delivery and claims for non-delivery within 28 days of despatch of the goods. All other claims must be made to the Company within 10 days of delivery.
17- Limitations on Liability
(a) The Company’s liability in contract, tort (including negligence and breach of statutory duty) or otherwise shall be limited to the amount payable to the Company by the Customer in respect of the project.
(b) The Company shall not be liable for indirect or consequential loss or for any loss to the Customer arising from third party claims (including damages for loss of business projects, network downtime, business information and the like), occasioned by errors in carrying out the work or by delay in delivery.
18- Periodical Publications
A contract for the design, artwork and printing of periodical-publications may not be terminated by either party unless written notice is given as follows:
|Frequency of publication||Length of notice|
Nevertheless, the Company may terminate any such contract forthwith should any sum due thereunder remain unpaid.
19- Force Majeure
The Company shall not be liable to the Customer for any loss or damage suffered by the Customer if its performance of the contract is prevented or delayed, (in particular if any estimated delivery date is delayed) by any cause whatsoever beyond the Company’s control. This includes Act of God, war, riot, civil commotion, fire, flood, subsidence, sabotage, accident, strike, lock-out, Government controls, restrictions, prohibitions, or any other Government act or omission, or inability to procure materials required for the performance of this contract. During such event, the Customer may, by written notice to the Company, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery of the goods when available.