FREEHAND GRAPHICS SERVICES LIMITED
TERMS & CONDITIONS OF BUSINESS
In these conditions ‘the Company’ means ‘Freehand Graphics Services Limited’. ‘The Customer’ means the person to whom the quotation or estimate of costs is addressed.
Unless otherwise agreed by the Company these conditions shall be incorporated in any contract resulting from the acceptance of a quotation or estimate of costs provided to the Customer.
On rare occasions the Company may have to revise a quotation or estimate of costs if it has not been accepted by the Customer within one month of its original date.
ACCEPTANCE OF TERMS
The placing of an order or entering into a verbal or written brief by the Customer signifies the acceptance of these terms of business. All orders must be accompanied by a written order.
The Company reserves the right to change any of their price list without prior notice.
Unless otherwise agreed by the Company in writing, the terms of payment are as follows:
Jobs exceeding a value of £10,000 will be subject to a 50% pre payment.
All credit invoices are to be paid in full within 30 days of the invoice date. The Company reserves the right to charge interest on overdue balances at 3% above ruling base rate. The Company further reserves the right to charge the Customer for costs incurred from third parties whatsoever the source.
The Customer is responsible for all expenses incurred by The Company during all stages of a production. Including but not exclusively: transport, food, accommodation, equipment hire, communication costs and media.
All work will be charged at the current rate of VAT. All prices are stated exclusive of VAT.
Credit accounts may be opened on receipt of a correctly completed application form with references approved.
CHANGE OF ADDRESS OR TITLE
The Company must be informed in writing of any change in trading title or address, and any change in the Customer’s bankers title or address.
LOSS OR DAMAGE
Every possible care shall be taken of Customer’s original material. In the event of damage or loss, the Company’s liability shall be limited to the replacement cost of the basic material only, to a maximum of £100. Where an increased level of cover is required, the Company will be happy to insure Customer’s material for a greater value. Should this be requested (in writing) then the cost of insurance will be charged to the Customer.
Equipment hire rates will be subject to a 12% surcharge to cover insurance. This will not be charged if the Customer’s insurance provides full cover, confirmation of which will be required in writing. In the case of a claim being necessary then the Customer will be responsible for an excess payment of up to £2,000.
TITLE TO GOODS
The Company shall retain title to all goods until they have been paid for in full by the Customer. The Company reserves the right to enter the Customer’s premises and recover any goods which are it’s property, by virtue of this clause.
In consideration of, and subject to, the final payment of full fees due to the Company by the Customer, the Company hereby transfers the copyright to the Customer, yet the Company will retain the right to use all approved media for their own promotional purposes. This may exclude any third party material (e.g. Music, Photographic and Video libraries ).
Photographic and music libraries retain copyright of their work unless specifically stated on the original estimate. Charges in our estimates are for one use only unless specifically stated.
The Customer will be requested to approve designs, copy, diagrams, data and photographs before final production begins. The Company will take every reasonable precaution to prevent errors, but final responsibility lies with the Customer.
If a project requires additional content this is, in effect, a contract change. An amendment will be made to the original contract and, once approved, becomes contractually binding. E-mail correspondence shall be sufficient to prove changes to agreements of the contract
The Company cannot be held liable for any loss or damage caused as a result of the Customer or third party action, inaction or failure.
It is the responsibility of the Customer to approve all final media before the media is used by the Customer or forwarded to a third party or published or broadcast.
The Company cannot be held liable to any party for errors or omissions should the Customer fail to approve such material for whatever reason and any request by the Customer for The Company to supply the project to them or a third party shall be deemed to be approved by the Customer.
The Company will only accept liability to the limit of its own charges should the Company fail to deliver material to the Customer due to unforeseen circumstances such as, but not limited to failure to record source material (video and audio) or damage to recording media or electronic transfer devices.
COLLECTION AND DELIVERIES
The most appropriate method will always be used, subject to a minimum charge per journey for the delivery of packages and for all equipment deliveries. Mileage for Company designers will be charged at the rate shown in the rate card.
Standard hours of working are 09:00 to 17:30 (with breaks for lunch etc.). When requested to work beyond these times additional charges will be incurred.
A charge will be levied on cancellations of projects, projects cancelled within 14 days of the start of the project will result in a 50% charge of the project being incurred to the Customer. Projects cancelled within 48 hours of the project start date will be charged at the full quotation price.
The contract shall in all respects be construed according to and governed by English Law and all disputes shall be subject to the jurisdiction of the English Court.