DUNNS IMAGING GROUP LTD STANDARD TERMS AND CONDITIONS
1. Dunn’s Imaging Group Ltd. is a professional photographic laboratory. As such orders are accepted and processed on a business to business basis.
2. The placing of an order by a client and the acceptance of that order by DIG brings into being a contract on DIG’s terms and conditions as detailed herein.
3. With the exception of the specific details of any individual order (for example, as to size, quantity and finish), other terms and conditions proffered by the client are specifically excluded, unless agreed beforehand in writing by DIG.
4. The receipt by DIG of instructions to produce work by any means – verbal, written, via the web or by email will be taken as being an 'order' as referred to herein.
5. These terms and conditions shall apply equally to an order given and accepted verbally.
6. In the case of DIG accepting an order given verbally, the client shall confirm such order in writing as soon as practicable and, in the absence of written confirmation DIG shall accept no liability for any error in executing the order.
7. DIG reserves the absolute right to refuse to accept any order whatsoever and for whatever reason, and particularly in cases where DIG has reason to believe that acceptance and execution of the order will lead to a breach by DIG of the laws of obscenity, libel or copyright, or to aiding, or abetting or condoning of such a breach by any other party.
Price, Payments and Accounts
8. The price payable by the client for the execution of any order shall be in accordance with DIG’s price list ruling at the time of acceptance of the order. DIG reserves the right to alter its price list at any time and without notice.
9. The price list published from time to time by DIG is exclusive of Value Added Tax. VAT at the current applicable rate will be added to all charges.
10. DIG reserves the right to make additional charges when completion of an order necessitates overtime working.
11. DIG's standard trading terms are payment in full at the time an order is placed. However at the absolute discretion of DIG, DIG will open a client credit account upon receipt of two satisfactory trade references. The continuance of account facilities will be conditional upon the client complying with the agreed terms of payment (see 12 below). Withdrawal of account facilities from the Client shall be at the absolute discretion of DIG.
12. All credit accounts shall be settled in full by the Client by the 28th of the month following the month of invoice.
13. Any account which is overdue may be referred to our solicitors for settlement.
14. DIG reserves the right to add interest to any account overdue at the rate of 2.5% per month.
15. Where no credit account facility exists, payment terms shall be Cash With Order or Cash On Delivery at the discretion of DIG.
Methods of Payment
16. Settlement of credit account invoices may be by any method previously agreed with DIG, including, but not limited to: cash, cheque, credit or debit card, bank transfer.
16a. Cash accounts are payable by cash, cheque, credit or debit card.
16b. Cheques shall be payable to Dunn's Imaging Group Ltd.
16c. In the event of a cheque not being honoured on first presentation, for whatever reason, DIG reserves the right to charge an administration fee of £15 (plusVAT) for the first and each subsequent re-presentation of the cheque.
17. DIG will take all reasonable care in the handling and processing of all materials belonging to the Client.
17a. Specifically in the case of digital original material DIG gives no undertaking to permanently archive any data submitted by the client and the client must make their own arrangement for keeping secure copies of any original files submitted.
18. The liability of DIG for loss of or damage to the Client’s materials, however caused, shall be limited to a maximum sum of £50 (exclusive of VAT) per order. DIG shall not be liable for any consequential losses, special damages or other indirect losses, howsoever arising.
18b. Where DIG provide data archiving services no liability will be accepted for any partial or complete loss of such archived material. It is the client's responsibility to maintain their own independent data archive.
18c. DIG will use its best endeavours to maintain continuous service on any web or internet based services it offers for the uploading of client files, placing of orders or the placing and processing of orders by third parties on behalf of clients, however DIG do not accept any liability for any consequential losses, special damages or other indirect losses arising through such services being unavailable at any time and for any length of time.
19. It shall be the responsibility of the Client to ensure adequate and appropriate insurance cover in the event of the value of materials in any one order exceeding £50. It shall also be the responsibility of the Client to insure any goods or original materials deposited with DIG for the purposes of the order or in transit to or from DIG.
20. Unless otherwise specifically agreed by DIG in writing, any date or time given for the completion of an order to a client or to any third party on behalf of a client shall be considered as a guide and DIG will not accept any liability for any losses arising from failure to complete an order within such a guide time.
Third Party Payments
Where DIG provide payment facilities on behalf of DIG's clients for internet based ordering the following terms shall apply:
21. Monies received by DIG on behalf of their clients shall be kept in a separate trust bank account
22. DIG reserve the right to deduct the cost of processing any order from payment received before making payment to the client of any balance.
23. DIG do not accept any liability for errors of pricing between client and third party.
Losses arising from Internet Fraud
24. DIG will maintain industry compliant systems with regard to credit card and personal data storage and processing. This includes but is not limited to PCIDSS compliance.
25. DIG do not accept any liability for damages arising from the loss, theft or unauthorised access to any personal data records held by DIG.
Accuracy of Size and Colour Matching
26. All sizes quoted are nominal. DIG shall accept no liability for any minor variations in size.
27. The Client accepts that colour matching is subjective, and that totally accurate colour matching to100% fidelity is rarely possible. However, DIG will endeavour to achieve the closest possible colour match within the limitations of materials and processes used. Where accurate colour matching is essential, the client shall provide sample materials for use by DIG as colour matching guides.
28. The Client shall indemnify DIG against all third party actions, costs, damages, losses and other claims of whatever nature arising out of the execution of the order in accordance with the Client’s instructions.
29. By placing an order with DIG, the client certifies and warrants that: (I) no copyright exists in the material(s); or (ii) that the client is the owner of the copyright in the material(s) and that any reproduction by DIG will not infringe the rights of any existing licensee; or are free from any third party claims for breach of copyright or licence (iii) that he has valid authority of the copyright owner (or of an existing licensee of the copyright owner) to authorise the reproduction of the material(s) as required by the order.
30. The attention of the Client is drawn specifically to Paragraph 23 (above) in respect of indemnity.
31. The Client acknowledges that breach of copyright in the course of trade or business is both a civil wrong and a criminal offence under the terms of the Copyright, Designs and Patents Act 1988.
32. In the event of DIG becoming aware of any data files archived on behalf of clients which are libellous, obscene or in breach of copyright DIG reserves the right at its absolute discretion to delete such files from its archive without any reference to the client.
Original Photography Created by DIG
33. Where the terms of the order require DIG to create original photography, the copyright in such photography shall be the property of DIG in accordance with the Copyright, Designs and Patents Act 1988. In the absence of any other written agreement DIG shall grant to the Client a licence to reproduce the photography in any form, in any quantity, and in any part of the world, for a period of three years from the date of the invoice. Any photographic reproduction shall be carried out only by DIG. Any extension to the licence beyond the three year period shall be subject to negotiation and further agreement between the Client and DIG.
34. All materials on which original photographic images are created by DIG shall remain the property of DIG, and DIG undertakes to file and store all such original materials safely and to make them available for future reproduction. Where DIG gives possession of original transparencies to the Client, such original transparencies shall nevertheless remain the property of DIG, and shall be given to the Client on free loan for the duration of the copyright licence. Photographic prints (whether from negatives or transparencies) will become and remain the property of the Client. However, the Client acknowledges that ownership of any physical materials such as prints and transparencies does not imply ownership of the copyright in the images on them (which remain the property of DIG in accordance with Paragraph 28 above) or any right to reproduce or authorise the reproduction of any such images by any photographic means.
35. Delivery of completed orders will be by DIG’s own delivery drivers, or by taxi cab, courier motorcycle, British Rail,Red Star or any other courier or delivery service at the discretionof DIG. Where applicable, DIG will charge for postage, packing and delivery as appropriate.
36. DIG shall not be liable for any damage to, discrepancies in or shortages of delivered materials unless notified by the client within 48 hours of delivery. If DIG is so notified within 48hours, all materials delivered, together with all associated paperwork, shall be returned to DIG as soon as practicable.
Lien and Retention of Title
37. DIG shall have a general lien on all of the Client’s materials in its possession and shall reserve the right to retain any such materials until all moneys due and payable have been received.
38. In the event of non payment in accordance with these terms and conditions for any original photography created by DIG, the licence to reproduce the image(s) shall be thereby immediately revoked without any further notice from DIG, thereby rendering any reproduction of the image(s) by the Client a breach of copyright, for which DIG reserves the right to take such legal action as may be appropriate.