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PICTOWALL LIMITED TERMS AND CONDITIONS OF CONTRACT
(CREATIVE DESIGN, ARTWORK, COLOUR PRINTING & DISPLAY PRODUCTION)
This set of standard conditions does not apply in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so. In these conditions, ‘electronic file’ means any text, illustration or other matter supplied to Pictowall in digitised form on disk, via e-mail, by ISDN or any other communication link.
1. Price variation. All prices stated are subject to change dependant on market forces and material costs. The prices published on the site at the time of visiting will stand during a specific order. Should prices change, repeat orders will be at the newly stated price.
2. Tax. Pictowall reserve the right to charge the amount of any value added tax payable. VAT will be charged at current rate where applicable and will be itemised during the on-line ordering process.
3. Design & artwork. Prices stated assume all copy and pictures supplied. Customer amendments exceeding the stated price, or hard proofs, copywriting, sourcing of additional images, supplying files on CD, are all subject to a charge. (Note: PDF proofs are FOC). All artwork prices stated are subject to sight of copy and/or inspection of files supplied. Issues encountered with files or artwork set up incorrectly following the placement of an order can be subject to an additional charge. This would not be without entering an e-mail or telephone dialogue and establishing prior agreement with the respective customer.
4. Preliminary work. All work carried out, whether experimentally or otherwise, at customer’s request shall be chargeable.
5. Copy. A charge may be made to cover any additional work involved where copy supplied is not clear and legible, but not without prior notice.
6. Electronic files.
(a) It is the customer’s responsibility to maintain a copy of any original electronic file.
(b) Pictowall shall not be responsible for checking the accuracy of supplied input from an electronic file unless otherwise agreed.
(c) Without prejudice to clause 17, if an electronic file is not suitable for outputting on equipment normally adequate for such purposes without adjustment or other corrective action Pictowall may make a charge for any resulting additional cost incurred.
7. Proofs. Proofs of all work may be submitted for customer’s approval and Pictowall shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customer’s alterations and additional proofs necessitated thereby
shall be charged extra. When style, type or layout is left to Pictowall’s judgement, changes therefrom made by the customer shall be charged extra, but not without prior consultation.
8. PDF proofs. Due to differences in equipment, substrates, inks and other conditions between colour proofing and production runs, a reasonable variation in colour between PDF or colour proofs and the completed job will be deemed acceptable unless otherwise agreed.
9. Substrate and product guarantees. Any lifespan guarantees on products specified and published on the website are subject to the following conditions:
(a) Any guarantees published are approximate and therefore subject to the specific environment and conditions in which the product is placed/positioned. Pictowall will not be responsible for deterioration of a product which is placed in unsuitable or extreme conditions. Any guarantees published are based on products being sited in reasonable and suitable conditions, which can be advised.
(b) The site/position in which the purchased finished product is placed is the responsibility of the customer. Whilst Pictowall will advise on suitability of siting, Pictowall accept no liability for mis-performance of the product in the respective position, which will lie with the customer.
(c) Once the product is received on site, the product is the responsibility of the customer and must be handled with due care and attention. Abuse or mishandling of goods will invalidate any guarantees stated on the website.
(d) Any guarantees published on the website will not apply where a product has been subject to storm damage, extreme weather conditions, excessive sunlight or floods, or placed at high levels during excessive wind conditions.
(e) Pictowall will not replace or repair any goods which have become defective due to events or elements specificied in items (a) to (e) in clause 9.
(f) Pictowall will not be liable for any damage to goods which occurs during fixing, hanging or installation, should the fixing, hanging or installation not be carried out by Pictowall. Goods will not be replaced or repaired under these circumstances.
10. Material variation. Whilst Pictowall will endeavour to provide consistency in product peformance, due to market forces, availability of substrates, inks or products may fluctuate. Therefore Pictowall cannot guarantee that the identical material will be used in each case for a specific order, product or re-ordered product.
11. Delivery and payment.
(a) Unless otherwise specified the price is for delivery of the work to the customer’s address as set out during the on-line order process.
A charge may be made to cover any extra costs involved for delivery to any additional addresses specified after the order has been processed, but not without prior notification.
(c) Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved, but not without prior notification.
(d) Should work be suspended at the request of or delayed through any default of the customer for a period of 30 calendar days Pictowall shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
Pictowall Limited shall be entitled to charge interest on any outstanding or defaulted amounts at 5%, calculated on a daily basis, both before and after judgement, until payment is made in full.
12. Ownership and risk.
(a) The risk in all goods delivered in connection with the work shall pass to the customer on delivery.
(b) Goods supplied by Pictowall remain Pictowall’s property until the customer has paid for them and discharged all other debts owing to Pictowall.
(c) If the customer becomes insolvent (as set out in clause 18) and the goods have not been paid for in full Pictowall may take the goods back and, if necessary, enter the customer’s premises to do so, or to inspect the goods.
(d) If the customer shall sell the goods before they have been paid for in full he shall hold the proceeds of sale on trust for Pictowall in a separate account until any sum owing to Pictowall has been discharged from such proceeds.
13. Claims, Returns and Refunds
Advice of damage, delay or loss of goods in transit or of non-delivery must be given in writing or by e-mail to Pictowall and the carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of notification of despatch of the goods) and any claim in respect thereof must be made in writing to Pictowall and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of notification of despatch). All other claims must be made in writing to Pictowall within 28 days of delivery. Pictowall 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
(i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
Any items reported to be faulty or damaged must be returned within 7 days of receipt directly to Pictowall, in order to qualify for a refund. A refund will only be agreed upon sight of the goods and confirmation of a defect.
Faulty, damaged or *late goods will be refunded, including the cost of delivery, once a written claim has been acknowledged and the goods have been examined within the periods aforementioned. Once an on-line order is processed, no refunds can be given unless an item is:
a) reported as faulty/damaged within the timescale stated in the ‘CLAIMS’ clause above, and;
b) returned to Pictowall within the timescales stated in the ‘RETURNS’ clause above.
c) Not delivered within 2 days of the delivery option chosen during the on-line order process.
*Whilst we pride ourselves on delivery and service, no refunds can be given on ‘late deliveries’ which are due to circumstances beyond our control, such as a third party carrier issue. To qualify for a refund, the delay – as quantified in clause c) – must have been caused by a production or despatch issue at Pictowall.
13a. Cancellations. Once an on-line order has been processed, no cancellations will be accepted. However we can modify your order providing we are notified within at least 4 hours from placement of original order.
(a) Pictowall shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to the customer arising from delay in transit, whether as a result of Pictowall’s negligence or otherwise.
(b) Insofar as is permitted by law where work is defective for any reason, including negligence, Pictowall’s liability (if any) shall be limited to rectifying such defect. Where Pictowall performs its obligations to rectify defective work under this condition the customer shall not be entitled to any further claim in respect of the work done nor shall the customer be entitled to treat delivery thereof as a ground for repudiating the contract, failing to pay for the work or cancelling further deliveries.
(c) Nothing in these conditions shall exclude Pictowall’s liability for death or personal injury as a result of its negligence.
15. Standing material.
(a) Digital files and other items owned by Pictowall and used by the company in the production of artwork, graphics, templates, and the like shall remain the company’s exclusive property. Such items when supplied by the customer shall remain the customer’s property.
(b) Digital files may be destroyed and spare substrates, display products or other work effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged.
(c) Pictowall shall not be required to download any digital data from his equipment or supply the same to the customer digitally, on disk, tape or by any communication link unless written arrangements are made to the contrary.
16. Customer’s property.
(a) Customer’s property and all property supplied to Pictowall by or on behalf of the customer shall while it is in the possession of Pictowall 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.
(b) Pictowall shall be entitled to make a reasonable charge for the storage of any customer’s property left with Pictowall before receipt of the order or after notification to the customer of completion of the work.
17. Materials supplied by the customer.
(a) Pictowall may reject any disks, digital files, substrates, templates, fixings or other materials supplied or specified by the customer which appear to him to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production
may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by Pictowall in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
(b) Where materials are so supplied or specified, Pictowall will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
(c) Quantities of materials supplied shall be adequate to cover normal spoilage.
18. Insolvency. Without prejudice to other remedies, if the customer becomes insolvent (namely, being a company is deemed to be unable to pay its debts or has a winding up petition issued against it or has a receiver, administrator or administrative receiver appointed to it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him) Pictowall 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. Any unpaid invoices shall become immediately due for payment.
19. General Lien. Without prejudice to other remedies,in respect of all unpaid debts due from the customer Pictowall shall 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 as agent for the customer in such manner and at such price as he thinks fit and to apply the proceeds towards such debts, and shall when accounting to the customer for any balance
remaining be discharged from all liability in respect of such goods or property.
20. Illegal matter.
(a) Pictowall shall not be required to print, amend or produce any matter which in his opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.
(b) Pictowall shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall include (without limitation) any amounts paid
on a lawyer’s advice in settlement of any claim that any matter is libellous or such an infringement.
21. Force majeure. Pictowall shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his reasonable control including (without limiting the foregoing): Act of God; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials supplied by the customer; 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 by written notice to Pictowall elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
22. Law. These conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England.
Copyright: Pictowall – February 2012