Terms & Conditions
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Terms and conditions of sale of materials and services from Photography-jobs.com website
All orders accepted are subject to Conditions of Sale set out below and it is hereby agreed that by placing an order with us that you the customer agree to abide by the terms & conditions as follows:
‘Contract Services’ means the company Contract Services
‘The customer’ means the person, firm or company to be supplied with the products or services by Contract Services.
‘Product(s)’ means the products, goods, materials and or other items to be supplied pursuant to the contract.
‘Services’ means the services requested by the customer detailed as per requested quotation of works required.
All orders for Products and services made by you (the “Customer”) are accepted by Contract Services ( Contract Services ) on these conditions of sale which supersede any other terms appearing on any other documentation, any Contract Services catalogue or elsewhere, and, unless otherwise specifically agreed in writing on Contract Services documentation by a Director of Contract Services, these conditions of sale override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the order or during any negotiations or any course of dealing established between Contract Services and the Customer, and constitute the entire understanding between Contract Services and the Customer for the sale of Products. An order from a Customer shall constitute an offer to purchase relevant products or services, which Contract Services may accept or decline.
All descriptions and illustrations contained in the Contract Services web site or any price list or otherwise communicated to the Customer are intended merely to present a general idea of the Products or services, and nothing contained in any of them shall form any part of the contract between Contract Services and the Customer.
The Conditions of Sale appearing in the latest CONTRACT SERVICES catalogue or brochure shall govern all orders for Products or Services.
Prices quoted are `NET TRADE’ and exclude Value Added (sales) Tax. Value Added Tax will be charged at the applicable rate at the date of despatch. Whilst every endeavour will be made to maintain the prices quoted, Contract Services reserves the right to effect changes without prior notice at any time before despatch. This is due to the possibility of long periods between quotation and order placement by you ” The customer “. Any change in quantities , partial release or destination may incur a price adjustment.
All quotations by Contract Services are subject to the conditions set out herein.
A quotation by Contract Services does not constitute an offer and the company reserves the right to withdraw or amend the same prior to Contract Services acceptance of the purchasers order.
Contract Services reserve the right to adjust quotations prices before acceptance of any order.
Contract Services reserves the right to decline to trade with any company or person. In addition, and notwithstanding any other provisions of these conditions of sale, Contract Services may decline to accept or cancel any order, whether or not payment has been received, by giving notice of non-acceptance or cancellation to the Customer by telex, facsimile, e-mail or telephone within 48 hours (excluding weekends and public holidays) of receipt by Contract Services of an official signed order. In the event that Contract Services declines to accept or cancels an order in respect of which payment has been received, the full amount of such payment will be refunded but Contract Services shall have no further or other liabilities. The Customer warrants and represents that all information provided by it to Contract Services as part of its profile was when given and will at the time when any order is placed be true and accurate.
Delivery dates are approximate only and delivery will be arranged as soon as practicable. Orders will remain valid and binding not withstanding delay in delivery.
If in the case of the contract or delivery or an order involving more than one delivery, default is made on payment on the due date as specified by Contract Services. Contract Services shall have the right to suspend all or any further deliveries pending payment or to terminate the contract in its entirety by notice in writing to the purchaser.
Deliveries will be by transport of the choice of Contract Services
Deliveries will only be made to the address in the UK set out in the relevant order.
7.Inspection, Transit Delays and Non-delivery
THE CUSTOMER MUST INSPECT ANY DELIVERED PRODUCTS as soon as is reasonably practicable after delivery and shall within 24HRS of delivery give notice to Contract Services in detail of any defect in the Products or of any other complaint which the Customer may have in relation to the Products. If the Customer fails to give such notice, the Products shall be conclusively presumed to be in all respects in accordance with the contract and free from any defect which would be apparent on reasonable examination, and the Customer shall be deemed to have accepted the Products accordingly. The Customer acknowledges that Contract Services does not write software comprised in Products sold by it and, accordingly, the Customer acknowledges that it is its sole responsibility to check (by the application of appropriate diagnostic software) for the presence of computer viruses in software comprised in Products before such Products are used or disposed of. In the event that the Customer establishes to Contract Service’s reasonable satisfaction that the Products are not in accordance with the contract, or are so defective, the Customer’s sole remedy in respect of such non-accordance or defects shall be limited as Contract Services may elect to the replacement of the Products, or refund of the purchase price or, where sums are owed by the Customer to Contract Services, the issue of a credit note or a credit card account refund against return of the Products.
Queries regarding shortages of Products must be made within 24hrs of the despatch date and must be accompanied by the despatch note. Queries regarding Products invoiced but not delivered must be made within 24hrs of invoice date and the invoice number must be quoted.
Except as set out above in no circumstances shall Contract Services be liable to compensate the Customer in damages or otherwise for non-delivery or late delivery of the Products or any of them for whatever reason or for any loss consequential or otherwise arising from non-delivery or late delivery.
8.Passing of Risk and Property
Risk of loss of or damage to the Products shall pass to the Customer at the time of delivery. The property in the Products shall not pass to the Customer until all sums due or owing to Contract Services by the Customer on any account have been paid, and until payment the following provisions of this paragraph shall apply. If the Customer defaults in the punctual payments of any sum owing to Contract Services, then Contract Services shall be entitled to the immediate return of all Products sold by Contract Services to the Customer in which the property has not passed to the Customer, and the Customer hereby irrevocably authorises Contract Services and its employees and agents to recover the Products and to enter any premises of the Customer for that purpose. Demand for or recovery of the Products by Contract Services shall not of itself discharge either the Customer’s liability to pay the whole of the price and take delivery of the Products or Contract Services right to sue for the whole of the inclusive price.
Contract Services warrants that it will, at its option, replace Products supplied by Contract Services in which under proper use defects appear, or repair the same, or refund the purchase price thereof, subject to the claim being made in writing to Contract Services within 12 months after despatch, or such other period as may be indicated by Contract Services for specific Products from time to time, provided that Products or parts to which the claim relates are returned to Contract Services within that period suitably packaged and carriage paid and, where relevant, in accordance with any particular instructions which Contract Services may have notified to the Customer at the time of supply. Returned Products or parts must be accompanied by an advice note stating the original invoice number in respect of the Products and the nature of any claimed defect, together with such further information as Contract Services may at the time of supply have stipulated. Any Products or parts which are replaced by Contract Services shall become the property of Contract Services. This warranty shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the Products except any implied by law which by law cannot be excluded.
In the case of products that have been supplied and installed by Contract Services and found to be faulty, Contract Services will return to site as soon as practicable and replace or repair the faulty products whichever is the most practicable as deemed by Contract Services. Equipment that has been supplied and installed by Contract Services will be warranted by Contract Services for a period of 12 months from date of completion of any installation and will be warranted for the purpose for which the equipment or product was designed. If faults or breakdowns are due to mains failures, mains faults, damage, vandalism or wilful misuse then Contract Services reserve the right to charge a callout, survey or repair fee as applicable depending on the equipment installed.
If specialist or non specialist consultation services are also required as a result of a fault or breakdown of equipment supplied and the fault is not the responsibility of Contract Services then cost’s and expenses incurred by any consultant or additional labour hired or supplied will be charged to you “The customer”.
10.Product and Availability Information
Unless otherwise stated, electrical ratings represent safe UK working limits as depicted by any manufacturers data and technical specifications. Dimensions and other physical characteristics are subject to normal commercial tolerances. The Customer shall be responsible for ensuring the fitness of the Product for the Customer’s application.
Contract Services reserves the right without prior notice to discontinue any Product or to make design changes as part of its continuous programme of Product and service improvement, or to assist Product availability. Where possible, future design and service changes will be indicated against the description and such changes may take place during the life of any Contract Services catalogue or documentation. Contract Services recommends that the Customer verify dimensions and other data published in any Contract Services documentation together with future availability, before incorporating Products into designs or for other critical purposes.
Contract Services Technical personnel will be pleased to advise the Customer in these and other matters related to the use of the Products. Where the Customer intends to supply the Products to any other person, the Customer shall ensure that all warnings, labels, instructions, manuals and other information in respect of the Products or their use which are supplied with the Products are not lost or damaged in any way whilst the Products are in his possession or under his control and that they are supplied with the Products when he releases them from his possession or control.
Contract Services shall not be under any liability for damage (including loss of revenue or profit or any consequential or indirect loss), liability, claims, costs or expenses (however caused) resulting from or in conjunction with advice or information provided by Contract Services personnel.
These conditions set out Contract Services entire liability in respect of the Products and Contract Services liability under these conditions shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities express or implied statutory or otherwise in respect of the quality or the fitness for any particular purpose of the Products or otherwise howsoever except any implied by law which by law cannot be excluded. Save as provided in these conditions and except as aforesaid Contract Services shall not be under any liability, whether in contract, tort or otherwise, in respect of defects in the Products or failure to correspond to specification or sample or for any injury, damage or loss resulting from such defects or failure.
In no event shall any breach of contract on the part of Contract Services or tort (including negligence) or failure of any kind on the part of Contract Services or that of its employees, agents or sub-contractors give rise to any liability for loss of revenue or any consequential or indirect loss or damage arising from any cause whatsoever.
Contract Services liability (if any) whether in contract, tort or otherwise in respect of any defect in the Products or of any duty owed to the Customer in connection herewith shall be further limited in the aggregate to £100,000.
Credit terms (subject to satisfactory references) are available to corporate customers. Payment due by date is stated on all invoices. Should any sum not be paid on the due date for payment, all sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date.
Contract Services reserves the right to charge interest on payments overdue. An interest rate of 4% per month of the net amount of the outstanding invoice/s owed to Contract Services will be applied. Calculated monthly from the date of invoice.
All payments must be made without any set-off, deduction or counterclaim.
13.Returns and Handling Charge
Products must be returned to Contract Services in their original condition and in their original packaging within 30 days of delivery (as on the delivery documentation) stating relevant despatch number in order for the customer to be eligible for any refund. They should not be retained for handing to Contract Services’s local representative. Where products are returned to Contract Services after expiry of this 30-day period then Contract Services reserves the right to levy a handling charge. Products accepted for return will be credited at invoice value and the appropriate handling charge (if any) applied. If invoice details are not quoted, the credit will be based upon the lowest sales price.
Cancellations or part cancellation of an order by the customer can only be accepted after prior negotiation and agreement to terms, which will indemnify us against any expense incurred. In the event of part cancellation, we reserve the right to invoice for any difference in selling price applicable to the quantity despatched up to the time of cancellation.
Where specialist products or consultation services have been purchased specifically for the order placed that you ” The Customer ” wish to cancel, Contract Services reserves the right to apply a cancellation fee which may be equal to the cost of the specialist products or consultants services and any carriage charges and expenses that Contract Services incurred during the acquisition of such specialist products or services.
15.Copyright and Patents
Products offered for sale in any Contract Services documentation are subject to any patent, trademark, registered design, copyright or other right of any person.
16.Additional Conditions regarding return of products to Contract Services
Where specific instructions appear in any document against any Product regarding its return to Contract Services, such instructions shall apply to such Product.
a. Where no such specific instructions appear in Contract Services documentation against a Product, all items added to the Product by the Customer must be removed from the Product prior to return to Contract Services. The return of the Product to Contract Services shall be deemed to authorise Contract Services to remove any such items. Contract Services shall not be obliged to reconnect any such items before returning the Product.
c. All Products are returned at the Customer’s risk and Contract Services accepts no responsibility for any loss or damage thereto, or to items added to the Products by the Customer and sent with the Products to Contract Services.
e. Products to be returned to Contract Services should be adequately packed and despatched freight prepaid, clearly labelled, to:
Contract Services, PO Box 444, Sevenoaks, Kent, TN15 6WA
If Contract Services is hindered or prevented from performing any contract owing to any cause beyond the reasonable control of Contract Services, or by its inability to procure About Contract Services, materials or articles required for the performance of the contract except at enhanced prices, Contract Services may at its sole option delay the performance of, or cancel the whole or any part of the contract, and Contract Services shall not be held responsible for such delay or cancellation or any inability to deliver. In particular, although Contract Services will use all reasonable endeavours to deliver back orders by the date stated by Contract Services, Contract Services shall not be held responsible for any delay in the delivery of, or inability to deliver such orders.
Products may only be ordered by customers resident in the UK, unless stated otherwise. These conditions do not apply to export transactions for which separate conditions of sale exist. However, in the event that the Products supplied are ultimately exported, the Customer will be responsible at their expense for obtaining any licence and complying with any export regulations in force within this country and the country for which goods are destined.
Contract Services shall not be under any liability for damage (including loss of revenue or profit or any consequential or indirect loss), liability, claims, costs or expenses , load handling , load baring , lack of system expansion capability in any way or system restriction in any way , incorrect specifications for equipment or machinery (however caused) resulting from or in conjunction with advice or information provided by Contract Services consultation services or other advice services.
Project management services from Contract Services for any system, network, machinery or software will be deemed consultation services and are separate from any other consultations provided by Contract Services.
20.On site working conditions
Where Contract Services staff, personnel or consultants visit a working site, building, co-location site, office block or any other site requested by you the customer, Contract Services reserve the right to refuse to work in such conditions that would pose a threat to the health and safety of Contract Services representatives without detriment to the order placed by you the customer to Contract Services and you the customer will bare any expenses (other than any agreed in writing at time of receipt of order from you the customer ) for delays in order fulfilment until such times as working conditions become safe according to current health & safety law. Any threats to Contract Services representatives that would be deemed such a hazard to halt or delay progress of work or order fulfilment will be notified as soon as practicable to you the customer. Any unforeseen plant hire equipment or specialist services cost’s required in order to make working conditions safe will be incorporated into any final invoices unless other wise agreed and you the customer agree to pay for these additional cost’s and all payments must be made without any set-off, deduction or counterclaim with respect to the original agreed quoted cost’s.
Where the supply or installation of services or goods cannot be completed due to any site or working preparations not being completed or not completely ready or incorrect information supplied and Contract Services have to make a return visit to the same site to complete the order, Contract Services reserve the right to make additional charges for time and expenses incurred for repeat visits. Cost’s for repeat visits will be dictated by the type of service & equipment supplied and geographical location. Cost’s for non planned return visits will be available upon request from Contract Services.
Should work on site be halted or disrupted either directly or indirectly by the customer, the customer will be notified as soon as is practically possible. Contract Services reserves the right to charge waiting time for any on site stoppages or disruptions in the completion of contracted work caused directly or indirectly by the customer. Waiting time will be charged at an hourly rate or part of, in addition to any pre-agreed or quoted prices or fee’s. Any specialist services , consultants or equipment hired , leased or otherwise pre purchased specifically for a job may be charged for during waiting time.
23.Choice of Law
All contracts between Contract Services and the Customer shall be governed by and interpreted in accordance with English Law and the Customer submits to the exclusive jurisdiction of the High Court of Justice in England, but Contract Services may enforce any such contract in any court of competent jurisdiction.