Amazing Graphics Limited - General Terms and Conditions of Business
These Terms and Conditions apply to all Orders and supersede all previous versions of Terms and Conditions. Receipt of acknowledgement of order by you, constitutes your acceptance that our conditions are the only conditions that apply to the contract notwithstanding any purported terms put forward by you.
Please read the following Terms and Conditions carefully. When trading with:-
Amazing Graphics Limited
Unit 2, Moonhall Lane,
Haverhill, Suffolk, CB9 8QT
Weavers Business Centre,
6 Hamlet Road,
Haverhill, Suffolk, CB9 8EE
UK Company Registration: 12962296
VAT Registration: GB 362103635
You will be bound and contracted by the Terms and Conditions set out below and shall be governed and construed according to English Law and the parties irrevocably submit to the non-exclusive jurisdiction of the English Courts:-
In these Conditions:-
"Company" shall mean Amazing Graphics Limited.
“Customer” shall mean the party with whom the Company enters into a Contract.
“Contract” shall mean all sale contracts between the Company and the Customer. The conditions contained herein are the only conditions upon which the Company is prepared to transact with the customer to the exclusion of all other conditions.
All estimates will be based on Company component costs including preparation, production and materials. These cost estimates will be agreed with the Customer for the supply of goods and services and shall be valid for 30 days from the date of issue.
Should there be an increase or decrease in component costs between the date of the estimate and the work being carried out, the Company reserves the right to adjust the cost accordingly.
Unless otherwise stated, all costs, charges and expenses are exclusive of VAT which will be charged at the prevailing rate.
The Company reserves the right to make additional charges in respect of component costs in the event of:-
Specification changes and design modifications by the Customer.
Work scheduling changes initiated by the Customer.
Required information not being available from the Customer in a timely manner.
Delays resulting from Customer actions.
Other circumstances where the Company incurs an additional cost (e.g. where unforeseen vehicle or installation preparation is required).
The Company also reserves the right to charge the Customer for preliminary work carried out at the Customers request that may include Customer briefings, designs, site visits, etc.. In the event that the Company produces a design that is the same or similar to what the Customer has installed by another company, the Company reserves the right to charge the Customer.
The Company reserves the right to charge for any administration work in relation to providing the Customer with artefacts related to file provision, file storage/retrieval or any similar actions.
The Company will endeavour to securely store design and job-related data for a reasonable period after which it may be deleted. It is the customers responsibility to request that any such data be supplied from us to the Customer prior to the job being closed, after which the company is under no obligation to store this data, and if the Company stores said data, it does so under its’ own discretion.
Terms of Payment
Full payment will be due on completion on collection or receipt of the goods and services.
For specific projects where the Company may incur irrecoverable costs, there is a requirement to pay a non-refundable up to 50% deposit in advance based on the total final invoice value. The balance to be paid in full on collection or receipt of the goods and services.
For Account Customers, unless otherwise agreed, full payment is due within 30 days of the Invoice Date. Overdue payments will be subject an interest charge of 3% above Starling Bank Base Rate per month. Should payment not be made or the Customer is unable to make payment, the Company may retain the goods until full payment is received.
All supplies, titles of goods supplied, artwork/designs or materials supplied, produced or installed in accordance with the Customer order shall remain the property of the Company until full payment has been received by the Company.
The Customer is not entitled to refuse or delay payment on the grounds that the title in the goods has not yet passed.
Any discounts are offered on the strict understanding that accounts are paid by the due date. The Company reserves the right to invoice any such discounts to accounts which become overdue.
Contracts/Orders may not be cancelled except by agreement in writing of both parties giving at least 3 working days’ notice. In the event of cancellation, the Company is entitled to payment of all amounts as may be necessary to indemnify the Company against all loss resulting from the cancellation plus a 5% surcharge to cover administrative costs.
Should payment be made to the company for any contracted works prior to completion and in the event of cancellation by the customer, payment would be non-refundable. The Company reserve the right to offer a credit note which would be valid for a nominal period.
It is a condition of all sales that at any time upon or after the commission by the Customer of an act of bankruptcy or where the Customer is a limited company, the commencement of a winding-up by reason of insolvency or by appointment of a receiver or any assignment for the benefit of creditors, the sale may be cancelled by the Company wholly or in part.
The Company reserves the right to charge you for any legal or collection charges where it is necessary to obtain payment from you of an overdue account through a third party or Court proceedings.
Indemnity and Legality
Where the Company supplies designs, images or offers goods in alignment with the Customers specifications, the Customer shall fully indemnify the Company against all claims, actions, penalties, costs and expenses to which the Company may become liable involving infringement of a patent, image copyright, licensing, royalties, registered design, trade mark or trade name. Similarly, when the Customer provides the designs or images, the Company will not be liable for proof errors or patent, image copyright, licensing, royalties, registered design, trade mark or trade name infringements and the Customer shall full indemnify the Company against all subsequent costs that it may incur.
The Company is not responsible for errors in proofs approved by the Customer. Consequential costs will be the Customers responsibility. It should be noted that whilst every effort is made to ensure exact colour matches, printer technology and media types and finishes may impact results. At the Customers request, chargeable colour swatches will be produced for pre-approval, otherwise the Company accepts no responsibility for exact colour matches.
The Company reserves the right to use the customer's name and/or logos for our advertising display purposes, and no payment shall be made to the Customer. Testimonial materials supplied by the Customer may be used by the Company on Company marketing materials. Should the Customer wish to be exempted from this clause, please notify the Company in advance in writing.
The Company reserves the right to take photographs of vehicles, interior décor, signage and any form of graphics work that it has produced and/or installed and use the images in marketing materials.
The Company reserves the right to apply a Company sticker to its’ work unless otherwise requested not to do so in advance by the Customer.
The Company will not produce any material that in its’ opinion may be illegal, of a libellous nature, lead to an infringement of rights of a third party or cause offence to anyone.
The Company shall not be liable to the Customer for any damage to goods, delay in delivery or loss or partial/total loss of goods in transit unless the Customer notifies the Company of the issues in writing within three days of delivery. After this period, the goods shall be conclusively deemed to have been accepted by the Customer. In any event the Company shall not be liable for any consequential loss however arising.
Where delivery issues occur that are beyond the Company control, the Customer will still be liable for the full payment.
The Company reserves the right to alter its’ product specifications without giving prior notice to the Customer.
The Customer shall be responsible for effecting all necessary insurance in respect of any loss, damage, or expense that it may suffer directly or indirectly in relation to the provision or non-provision of the Company goods and services.
The Company bears no responsibility for damage or fading to paintwork or surfaces in the event that materials applied by the Company are removed. Any removal needs to follow our recommended procedures.
It is the Customers responsibility to notify the Company in advance of any instance where a vehicle is not in its original factory paint. The Customer must notify the Company in advance of any respray work that has been carried out previously and must confirm that the respray paint has had a minimum of 30 days to cure prior to any graphic installation or Paint Protection Film application.
Where provided, scheduled timings and completion dates within the estimate are indicative and not a condition of the Contract.
The Customer shall be deemed to have accepted the goods and services on delivery. All goods and services must be thoroughly checked by the Customer immediately upon receipt. Any damage, faults, shortages or discrepancies must be advised in writing to the Company within 5 days of receipt or delivery.
Any goods or materials made available to the Company by the Customer shall, while in the Companys’ possession be at the Customer’s risk and the Company will not be liable for any loss or damage however caused. The Customer must ensure suitable insurance is in place. Design files and other electronic data may be erased from the Company IT hardware and backups once an order is fulfilled. Arrangements can be made to retain this data if required for which a fee may be charged to the Customer. The Company will advise the Customer on the appropriate materials to be used. Should the Customer choose to use alternative materials that the Company has deemed not fit for purpose, the responsibility for the quality of the results and their longevity is wholly the responsibility of the Customer.
The Company may at any time repossess the goods for good reason and the Customer hereby grants to the Company an irrevocable licence to enter upon any premises occupied by the Customer for the purpose of so doing.
In the event that the Company identifies supply, material or surface issues, the Company cannot be held responsible for any consequential costs of delays that are outside of its’ control.
Save in so far as defects in the goods cause death, injury or damage to personal property, our liability for any loss or damage suffered by the Customer in respect of the goods shall be limited to the contract value of the goods.
The Company shall not in any way be liable to the Customer in respect of any loss arising in the event of delivery of the goods being prevented, hindered or delayed as a result of any circumstances outside the control of the Company including (but without prejudice to the generality of the foregoing), war, flood, storm, riot, fire, civil commotion, acts of god, failure of power supply, default or failure of subcontractors, equipment failure, accidents, strikes, lock-outs, trade disputes, acts of restraints of Government or imposition of restrictions on export.
The Company must be advised in writing of any disputes or discrepancies within 3 days of receipt of goods. Any discrepancies not notified to the Company within this time, whether the fault may be the Company's or the Customer's may incur extra costs to rectify the problem. All goods in dispute must be returned immediately to the Company accompanied by a letter detailing all discrepancies.
Contract Suspension and Termination
The Company is entitled to suspend its fulfilment of the contract in the event that the Customer is in breach of any of its obligations
The Company is entitled to terminate the contract without notice in the event of the bankruptcy, insolvency or liquidation of the Customer at any time or the levying of any distress, execution or other legal process upon the Customer’s assets or in the event of a receiver being appointed over all or any part of the Company assets or in the event of a continuing breach by the Customer of any of its contractual obligations.
The waiver or non-enforcement by the Company of any breach or non-observance of any of these Conditions shall not prevent the subsequent enforcement of these Conditions in full and shall not be deemed a waiver of any subsequent breach.
These Conditions shall not be varied, waived or modified except in writing by a duly authorised officer of the Company.
These Conditions override any differing conditions which may appear on the Customer’s order form or other document.
The Company reserves the right to vary these Conditions from time to time subject to giving prior written notice to the Customer.
Any provision of these Conditions which is or may be void or unforeseeable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of these Conditions.
Warranty and Defects
The Customer must notify the Company of any defects in writing within 5 days of receipt of the goods.
Warranties on products will vary by product and this will be stated at the time of Order Acceptance by the Company.
The Company reserves the right to rectify defective work by repeating the work and shall not be liable to refund.
In the unlikely event of a refund being necessary for defects, etc., these will be issued within 7 days of the Customer and Company agreeing to a full or partial refund. This may only occur when remediation of the work is not practicable.
The Company takes the protection of Customer data very seriously and complies with existing legislation. The Company has a Data Protection Policy, copies of which can be provided on request.
Nothing in these terms and conditions shall affect the rights of a consumer under the Consumer Rights Act (2015).