the following standard terms and conditions shall govern all trans actions except otherwise agreed in writing between the buyer and the seller and may be amended at any time
TERMS & CONDITIONS
In These Conditions:
“The Conditions” shall mean the conditions contained on this page.
“The Buyer” shall mean any person, firm, company or legal person who shall place an order for the Goods or services with Iglu Design and Print or with any agent of Iglu creative referred to below and more fully described on the Client Instruction Document.
“The Contract” shall mean the agreement between Iglu Design and Print and The Buyer, which incorporates these terms and conditions i.e. the signing of Iglu’s Client instruction and Client proofing Documents.
1. QUOTATIONS & SPECIFICATIONS:
Subject to clause 2, all quotations and order forms are given, submitted or received by Iglu on condition that Iglu shall not be bound and no contract will be formed until receipt of written acceptance of The Buyer’s order. The Buyer shall be responsible to Iglu for ensuring the accuracy of the terms of any order including any applicable specification. Any illustrations, drawings or other illustrative material accompanying any quotation given by Iglu or contained in Iglu’s catalogues, website, price list or advertisements shall be regarded as illustrative and approximate only and shall not be binding on Iglu or give rise to any liability upon the part of Iglu unless specifically accepted in writing by Iglu.
2. COST VARIATION:
Estimates are based on our current cost of production and unless otherwise agreed, are subject to amendment on or at any time to meet any fluctuation in such costs.
After the Client Proofing Document has been completed, signed and returned, all responsibility for final proofing lays solely with The Buyer. Iglu accepts no responsibility whatsoever for any problems or mistakes found after this document has been received. Iglu accepts no responsibility whatsoever for any problems or mistakes found on prints of any artwork supplied to us on disk or as a film.
Unless previously negotiated and agreed in writing, the copyright of all music, artwork and illustrations belong to Iglu Design and Print. The Buyer shall be responsible for obtaining all necessary authority to reproduce music, pictures, artwork and photographs etc, used in the production of any contractual work. The Buyer will indemnify Iglu Design and Print and any of its agents from any claim arising thereof.
Iglu Design and Print retains Intellectual copyright ownership of all branding/design work produced. If The Buyer requests all preliminary and final artwork to be handed over at the end of the project an additional cost will be charged to hand over complete ownership (copyright) to the buyer.
The designer retains personal rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the designer’s business. Where applicable the client will be given any necessary credit for usage of the project elements.
Artwork charges may be made to cover any additional work involved where a copy so supplied is not clear and legible and may need to be redrawn or recreated.
6. COMPANY IMPRINT:
Unless otherwise specifically requested in writing all work will carry Iglu Print and Design’s imprint, which will be, positioned at Iglu’s discretion.
Any arrangements between The Buyer and a third party to make payments for an invoice, is strictly an arrangement between The Buyer and the third party. The balance must be payed on purchase (or within 30 days if arrange between The Buyer and Iglu), . For invoices not settled withing the stated terms Iglu reserves the right to charge interest on the overdue dept at 10% above the Bank of England base rate at the time and an administration fee to cover the dept recovery costs.
8. VARIATIONS IN QUALITY:
Every endeavour will be made to deliver the correct quantity ordered. Iglu however cannot guarantee this but in the majority of cases the Client is supplied with the correct amount or overs rather than shortages.
All materials used in the production of The Buyer’s production shall remain the exclusive property of Iglu Design and Print. Any such items supplied by The Buyer shall remain the property of The Buyer. After print, production materials and artwork are immediately destroyed unless prior arrangements are made in writing in which case storage / rent charges may be incurred.
10. CLIENT PROPERTY:
Iglu shall accept no responsibility for items left on the property by The Buyer or whilst in transit to or from The Buyer. All property left on the premises is left at The Buyer’s risk unless otherwise agreed whereas The Buyer, should insure property accordingly. Iglu shall be entitled to charge a reasonable rate for storage of The Buyer’s property before receipt or after notification of product completion.
11. CUSTOMER MATERIALS:
Iglu may reject any materials supplied or specified by The Buyer, which appear unsuitable. Additional costs may be incurred if the materials appear unsuitable during production unless whole or part of the additional costs could have been previously avoided. Every care is taken to ensure the best quality product for every Buyer but Iglu cannot be responsible for poor quality results caused by unsuitable or defected materials supplied by The Buyer.
In the event of The Buyer ceasing to settle an outstanding debt due to the company being deemed unable to pay the dept, have a winding up or bankruptcy petition issued against them or commits an act of bankruptcy, Iglu has the right to a) Not proceed with any orders of work and charge for work carried out / materials purchased for the proposed job(s). b) withhold The Buyers goods/property in possession until dept is payed or a 14 day period has passed where The Buyer’s goods/property can be disposed of in a manner and at a price they feel fit to apply the proceeds towards the outstanding depts.
Iglu shall be permitted to refuse to design, print or have any part in the development of any product on moral, ethical or legal grounds.
14. FULL COLOUR PRINTING:
Every effort will be made to obtain the best possible colour reproduction on all full colour work but because of the nature of the process involved, Iglu will not be required to guarantee an exact match in the colour of texture between The Buyer’s photograph, transparancy, proof or finished printed article.
Iglu will endeavour to turnaround all standard products/services in approximately 7-10 working days (print 48 hours approx) or sooner in most cases. The turnaround period commences 24 hour after the receipt of the signed Client Proofing Documents and a 50% deposit of the total balance. For non-standard products that require materials supplied by a third party, extra treatments and/or special finishing, the turnaround time will be extended at Iglu’s discretion with the time scales being determined on a contract-by-contract basis. Products that exceed a reasonable timescale are open to price negotiation dependent on the overall length of delay circumstances of occurance. Iglu retains the right to closure over final terms of compensation. The Buyer agrees that this decision is final, and no further arbitration will be entered into.
16. FORCE MAJURE:
Iglu shall except no responsibility if they become unable to complete work for any reason beyond their control, some of which include: Acts of God,power supply failure, legislation, war, fire, flood, earthquake, terrorism, drought, lock out, strike or any other action by employees. The Buyer has the right to terminate their contract in writing with Iglu at any time in the event of any uncontrollable circumstances occuring that result in the delay or further production of their work and will pay for work completed and materials used.
Iglu accepts no liability whatsoever for any products or property lost, delayed or damaged during transit or delivery caused by a third party, i.e. courier. In the unfortunate event of any of the previous occuring, the responsibility of investigation and compensation shall only be conducted between The Buyer and the third party, not with or between Iglu, The Buyer or the third party.
Iglu’s liability to The Buyer for any damage oe expense caused in anyway by Iglu shall be limited to a sum equal to the amount Iglu charges for those pages or parts of the work effected. Iglu shall not be held liable for any failure, defect or delay in work caused by the supply of unsuitable specifications or computer files by The Buyer
20: APPLICATION OF TERMS:
These Terms and Conditions as laid out by Iglu Design and Print are the only conditions upon which Iglu is prepared to deal with The Buyer. The Buyer hereby agrees that the signing of the Client Instruction Document and The Client Proofing Document is an agreement to Iglu’s Terms and Conditions whether Iglu’s Terms and Conditions have been read or not.
21. INCOMPLETE CONTRACTS:
In the event of The Buyers decision for Iglu to cease work partway through a contract, whether for a specific period of time or to draw an end to that specific contract, Iglu shall charge for any work completed up to that point in time. If at a later date The Buyer decides to ask Iglu to resume work on the said contract, an adjustment will be made to the final payment in respect to any payments that have been received for that specific contract beforehand.
22. OWNERSHIP OF PRELIMINARY AND FINAL ARTWORK DESIGNS:
Iglu Design and Print retains ownership of all preliminary design work. The Customer is asked to return any preliminary designs and is liable to pay an additional fee if the client fails to return the artwork upon cancellation. If The Buyer requests all preliminary and final artwork to be handed over at the end of the project an additional cost may be charged at Iglus discretion.
23. PROMOTIONAL COPIES:
Iglu retain the right to use preliminary designs as well as samples of the completed project in future marketing materials (such as work portfolio), design competitions, or other uses.
24. GENERAL PROVISIONS:
A. These terms may only be varied in writing by Iglu and any other purported variation would not be effective.
B. If The Buyer constitute more than one “legal person”, each legal person is jointly and severally liable to Iglu under these terms.
C. In relation to the unpaid invoices of Iglu, all such disputes are subject to the exclusive jurisdiction of English Courts of Law.
D. In relation to other disputes under these Term and Conditions, if the parties are unable to resolve such disputes, it shall, on the application of either of them, be referred to mediation and, unless otherwise agreed, the mediator will be nominated by CEDR (Centre for Effective Dispute Resolution) in London and the mediation will be conducted in accordance with the CEDR rules.
E. The Terms and Condition are governed by English Law and any dispute which is not resolved amicably or by mediation will be finally resolved by the English Courts.
F. Any indulgences granted to the buyer by Iglu at any time will not operate as a waiver of its rights under these terms either in respect of a peticular breach or in respect of any future breaches of the samee or similar nature.
G. Notices under this Agreement shall be served at the addresses from time-to-time set out in the Project Specifications or as otherwise advised by one Party to the other. Notices shall be deemed served as follows:
a) Faxes and e-mail – the day of sending (with receipt confirmed at sender’s end) unless sent after 4.00pm in which case the
next following working day;
b) Letters – the second working day next following the date of posting, assuming use of a 1st class stamp.
H. Any contract between The Buyer and Iglu is only intended to benefit The Buyer unless Iglu expressly acknowledges the right of a particular third party in writing.