General Terms and Conditions
Stylize Display Graphics is the trading name of Stylize Digital Artwork Limited3 Hollands Road, Haverhill, Suffolk CB9 8PU
Registered Office: 59 Abbeygate Street, Bury St Edmunds, Suffolk, IP33 1LB
Registered in England No. 04385254
Please read the following Terms & Conditions carefully
These Terms and Conditions of supply shall apply to all the goods and services supplied by (‘the Company’), hereafter referred to as ‘Stylize Display Graphics’. Stylize Display Graphics is the trading name of Stylize Digital Artwork Ltd. Any provision, stipulation or condition in the conditions of order of the person, firm or company to whom such goods and services are supplied (‘the Customer’) or otherwise which conflicts with or in any way qualifies or negates any of these Conditions shall have no effect and these Conditions shall prevail.1 Charges, Estimates and VAT
(a) Stylize Display Graphics shall charge such costs, charges and expenses as shall be agreed with the Customer for the supply of goods and services.(b) Any estimates given are based on Stylize Display Graphics current costs of production and, unless expressly otherwise agreed in writing are subject to amendment on or at any time after acceptance by the Customer to cover any rise or fall in such costs.
(c) Unless otherwise stated all costs, charges and expenses are exclusive of VAT.
2 Additional Charges
Stylize Display Graphics reserves the right to make additional charges in respect of all costs, charges and expenses incurred beyond normal allow ances, including but not limited to those caused by or arising out of:-(a) Copy supplied not being clear and legible;
(b) Author’s corrections or other work not specified in the estimate;
(c) Additional e-mails, faxes, photocopies, proofs etc;
(d) Additional or expedited deliveries, packing or mailing.
3 Preliminary Work
Preliminary work carried out at the Customer’s request, whether experimentally or otherwise, shall be charged to the Customer, this may include site visits, attending briefing meetings etc.4 Terms of Payment
(a) Stylize Display Graphics reserves the right:-(i) to invoice the Customer for disbursements (including but not limited to carriage) incurred by Stylize Display Graphics and any such invoice shall be due and payable immediately;
(ii) to require the Customer to provide payments on account for work done or to be done and expenses incurred or likely to be incurred on the Customer’s behalf;
(iii) to suspend work until such payments are made.
(b) All other invoices shall be paid in full 30 days following invoice date, unless otherwise agreed in writing.
(c) All payments which are not received when payable shall be considered overdue and Stylize Display Graphics reserves the right to cancel or amend a credit limit previously granted.
(d) Without prejudice to any other remedy available to it, Stylize Display Graphics shall be entitled to charge interest on overdue invoices at the rate of 5 per cent above the National Westminster Bank Plc base rate in force at the time the invoice becomes overdue, and such interest shall accrue.
(e) All supplies and title of goods supplied by Stylize Display Graphics remain the property of Stylize Display Graphics until paid for in full.
5 Proofs
Proofs of all work may be submitted for the Customer’s approval. Stylize Display Graphics will not be liable for errors not corrected or incorrectly corrected in such proofs. The Customer’s alterations and additional proofs necessitated thereby shall be charged as additional charges. When style, type or layout is left to Stylize Display Graphics judgement, changes therefrom made shall be charged additionally. No responsibility will be accepted for any errors in proofs approved by the Customer.6 Colour
Stylize Display Graphics uses a variety of digital inkjet printers which run with different makes and types of ink & RIPS (raster image processors). Although all printers are calibrated there is no guarantee of exact colour matches between printers. We suggest all supplied files are produced using the 4-colour process system and the use of Pantone® colours, especially tints is discouraged. If exact colour matches are required we will need to produce a swatch that matches the required colour as close as our systems allow. The time spent and materials used in producing the colour swatches will be chargeable.7 Property and Risk in Goods
(a) The Customer shall be deemed to have accepted the goods and services on delivery, Stylize Display Graphics shall retain ownership of all materials and goods supplied by us to the order of the Customer until all goods and services have been paid for in full.(b) The risk in the goods shall pass to the Customer upon delivery or collection. All goods collected or delivered must be checked immediately upon receipt. Any damage, faults, shortages or discrepancies must be advised in writing to Stylize Display Graphics within 7 days of receipt or delivery. Signing a carrier’s delivery note ‘unchecked’ does not absolve the persons receiving the goods from this condition.
(c) We do not offer goods on a ‘sale-or-return’ basis. This is due to the fact that most of our products are bespoke and are made to customers specific requirements.
(d) Please note, whilst we will always endeavour to ensure that the products and services requested are suitable for our customers needs, it is ultimately the responsibility of the customer to ensure that they are suitable for their particular application.
(e) Any materials made available to Stylize Display Graphics by the Customer shall, while in Stylize Display Graphics possession be at the Customer’s risk and Stylize Display Graphics will not be liable for any loss or damage however caused and advise the Customer to insure accordingly.
(f) Electronic data may be erased from memory immediately after the order is completed unless written arrangements are made prior to the contrary, whereupon a storage fee may be charged to the Customer.
8 Materials Supplied by the Customer
(a) Stylize Display Graphics may reject any paper, disks plates or other materials supplied or specified by the Customer which appear to Stylize Display Graphics as unsuitable.(b) Where materials are supplied or specified by the Customer, Stylize Display Graphics will take every reasonable 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.
9 Indemnity and Illegality
(a) Stylize Display Graphics shall not be required to produce any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of any proprietory or other right of any third party.(b) The Customer shall indemnify Stylize Display Graphics and keep it indemnified against all or any costs, claims, damages, demands and expenses (including legal costs) which may be incurred by or made against Stylize Display Graphics by any third party by reason of the supply of goods or services by Stylize Display Graphics in accordance with the Customer’s instructions.
10 Claims Against Stylize Display Graphics
(a) Stylize Display Graphics reserves the right at any time to alter its product specifications without giving prior notice to the Customer.(b) Stylize Display Graphics shall not be liable to the Customer for any damage to goods, delay in delivery or loss or partial loss of goods in transit unless the Customer notifies Stylize Display Graphics in writing within seven days of delivery, failing which the goods shall be conclusively deemed to have been accepted by the Customer.
(c) In any event Stylize Display Graphics shall not be liable for any consequential loss however arising.
11 Insurance
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 Stylize Display Graphics goods and services.12 Suspension and Termination
Stylize Display Graphics shall be entitled:-(a) to suspend its performance of the contract if and for so long as the Customer shall be in breach of any of its obligations; and
(b) 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 Stylize Display Graphics assets or in the event of a continuing breach by the Customer of any of its obligations.
13 Waiver
The waiver or non-enforcement by Stylize Display Graphics of any breach or nonobservance 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.14 Force Majeure
Stylize Display Graphics shall not be liable for any delay or failure to perform any of its contractual obligations as a result of war, flood, storm, riot, fire, accident, civil commotion, acts of god, government action, failure of power supply, equipment failure, lockout, strike, default or failure of subcontractors or suppliers or any other cause beyond its reasonable control and Stylize Display Graphics shall not be liable for any loss, damage, or expense suffered by the Customer or any third party arising or indirectly from any of such matters.Stylize Display Graphics will not be liable for any consequential losses arising from failed or late deliveries. If we are asked to produce urgent work for a next working day delivery the customer will be advised to use their own carrier as Stylize Display Graphics will not be held responsible if our appointed courier for whatever reason fails to deliver on time through circumstances beyond their or our control. The customer will still be liable for full payment (less carriage costs) of the goods produced even if they are subsequently no longer required.
15 Variation
(a) These Conditions shall not be varied, waived or modified except in writing under the hand of a duly authorised officer of Stylize Display Graphics.(b) These Conditions override any differing conditions which may appear on the Customer’s order form or other document.
(c) Stylize Display Graphics reserves the right to vary these Conditions from time to time subject to giving prior written notice to the Customer.
(d) Any provision of these Conditions which is or may be void or unenforce-able shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of these Conditions.
16 Proper Law and Jurisdiction
These Conditions shall be governed and construed according to English Law and the parties irrevocably submit to the non-exclusive jurisdiction of the English Courts.17 Testimonials
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