ARKEMEDIA LIMITED TERMS OF BUSINESS
GENERAL TERMS AND CONDITIONS
The following Terms and Conditions will apply to all contracts made in writing or verbally for the sale, supply and delivery/collection of services and material by Arkemedia Limited. Any variation or modification of the Terms and Conditions must be made in writing by the Customer and agreed by Arkemedia Limited in writing. Orders will be accepted on the understanding that the Customer accepts these terms of business.
ACCOUNTS
All credit accounts are strictly nett and payable 30 days from invoice date.
COST VARIATION
Quotations are based on the current costs of production and may be subject to amendment by Arkemedia Limited on or at any time, after acceptance by the Customer, to meet any rise or fall in such supplies’ costs.
TAX
Arkemedia Limited shall be entitled to charge the amount of any purchase tax, value added tax or similar tax payable whether or not included on the quotation or invoice.
ADDITIONAL WORK
Work carried out at the request of the Customer, whether experimentally or otherwise, which is over and above that originally quoted, will be recharged.
PROOFS
Proofs of all work will be submitted for Customer approval. Author’s corrections, including alteration in style and the cost of additional proofs necessitated by such corrections, will be charged extra.
DELIVERY AND PAYMENT
(i) Delivery of work shall be accepted when tendered and thereupon, or in notification that the work has been completed, the ownership shall pass and payment shall become due. (ii) should expedited delivery be agreed and necessitate overtime or other additional costs, an extra charge may be made. (iii) should work be suspended at the request of or delayed through any default of the Customer for a period of 30 days, then Arkemedia Limited shall be entitled to payment for work already carried out and any materials specially ordered.
CLAIMS
Any complaints or queries must be made in writing to Arkemedia Limited within three working days of receipt of goods and relative work returned. Any queries relating to an invoice must be raised in writing with Arkemedia Limited within seven days of the the date of invoice, no discussion or adjustment is possible after that time.
LIABILITY
(i) Arkemedia Limited shall not be liable for indirect loss of third party claims occasioned by delay in completing the work or for any loss to the Customer arising from delay in transit. (ii) where work is defective for any reason including negligence, Arkemedia Limited’s liability (if any) shall be limited to rectifying such defect. (iii) work sent to Arkemedia Limited for processing, designing, printing, copying or any guide is handled with extreme care and responsibility. Arkemedia Limited cannot be held responsible for any loss or damage when such articles are entrusted to us. If any article of special value to the Customer is received by us it is the responsibility of the Customer to make sure that special insurance arrangements have been made.
DIGITAL TRANSMISSION LIABILITY
(i) Arkemedia Limited will not be liable for any print or digital media that is bought directly by the Customer in relation to work supplied by Arkemedia Limited. (ii) It is the sole responsibility of the Customer to obtain separate proofs of any transmitted work from Arkemedia Limited from that third party. It is then the responsibility of the customer to approve these proofs from that third party. Arkemedia Limited will not be liable for any errors once approved work has been transmitted to the third party.
CUSTOMER PROPERTY
Property of the Customer and all property supplied to Arkemedia Limited by or on behalf of the Customer, will be held, worked on and carried at the Customer’s risk.
GENERAL LIEN
Without prejudice to other remedies, Arkemedia Limited shall in respect of all unpaid debts due from the Customer 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 such dispose of such goods or property as it is considered fit and to apply any proceeds towards such debts.
ILLEGAL MATTER
(i) Arkemedia Limited shall not be required to produce any matter which it considers to be of illegal or libellous nature. (ii) Arkemedia Limited shall be indemnified by the Customer in respect of any claims, costs or expenses arising out of any libellous matter designed or printed for the Customer or any infringement of copyright, patent and design.
COPYRIGHT
Copyright/Patent Act 1988. The Customer must take full responsibility with regard to the Copyright/Patent for any origination that is supplied to Arkemedia Limited and must have obtained the necessary permission in writing otherwise the Customer will be liable for any action brought by a third party. Designs, layouts, concepts and artworks generated by Arkemedia Limited cannot be reproduced in any form without the prior permission in writing from Arkemedia Limited.
FORCE MAJEURE
Every effort will be made to carry out the contract, but its due performance is subject to cancellation by Arkemedia Limited, or to such variation as it may be deemed necessary, as a result of inability to secure labour, materials of supplies or as a result of any Act of God, war, strike lockout or other labour dispute, fire, flood, drought, legislation or other cause (whether of the foregoing class or not) beyond the control of Arkemedia Limited.
LAW
These conditions and all other express terms of the contract shall be governed and constructed on accordance with the Laws of England.
GENERAL TERMS AND CONDITIONS
The following Terms and Conditions will apply to all contracts made in writing or verbally for the sale, supply and delivery/collection of services and material by Arkemedia Limited. Any variation or modification of the Terms and Conditions must be made in writing by the Customer and agreed by Arkemedia Limited in writing. Orders will be accepted on the understanding that the Customer accepts these terms of business.
ACCOUNTS
All credit accounts are strictly nett and payable 30 days from invoice date.
COST VARIATION
Quotations are based on the current costs of production and may be subject to amendment by Arkemedia Limited on or at any time, after acceptance by the Customer, to meet any rise or fall in such supplies’ costs.
TAX
Arkemedia Limited shall be entitled to charge the amount of any purchase tax, value added tax or similar tax payable whether or not included on the quotation or invoice.
ADDITIONAL WORK
Work carried out at the request of the Customer, whether experimentally or otherwise, which is over and above that originally quoted, will be recharged.
PROOFS
Proofs of all work will be submitted for Customer approval. Author’s corrections, including alteration in style and the cost of additional proofs necessitated by such corrections, will be charged extra.
DELIVERY AND PAYMENT
(i) Delivery of work shall be accepted when tendered and thereupon, or in notification that the work has been completed, the ownership shall pass and payment shall become due. (ii) should expedited delivery be agreed and necessitate overtime or other additional costs, an extra charge may be made. (iii) should work be suspended at the request of or delayed through any default of the Customer for a period of 30 days, then Arkemedia Limited shall be entitled to payment for work already carried out and any materials specially ordered.
CLAIMS
Any complaints or queries must be made in writing to Arkemedia Limited within three working days of receipt of goods and relative work returned. Any queries relating to an invoice must be raised in writing with Arkemedia Limited within seven days of the the date of invoice, no discussion or adjustment is possible after that time.
LIABILITY
(i) Arkemedia Limited shall not be liable for indirect loss of third party claims occasioned by delay in completing the work or for any loss to the Customer arising from delay in transit. (ii) where work is defective for any reason including negligence, Arkemedia Limited’s liability (if any) shall be limited to rectifying such defect. (iii) work sent to Arkemedia Limited for processing, designing, printing, copying or any guide is handled with extreme care and responsibility. Arkemedia Limited cannot be held responsible for any loss or damage when such articles are entrusted to us. If any article of special value to the Customer is received by us it is the responsibility of the Customer to make sure that special insurance arrangements have been made.
DIGITAL TRANSMISSION LIABILITY
(i) Arkemedia Limited will not be liable for any print or digital media that is bought directly by the Customer in relation to work supplied by Arkemedia Limited. (ii) It is the sole responsibility of the Customer to obtain separate proofs of any transmitted work from Arkemedia Limited from that third party. It is then the responsibility of the customer to approve these proofs from that third party. Arkemedia Limited will not be liable for any errors once approved work has been transmitted to the third party.
CUSTOMER PROPERTY
Property of the Customer and all property supplied to Arkemedia Limited by or on behalf of the Customer, will be held, worked on and carried at the Customer’s risk.
GENERAL LIEN
Without prejudice to other remedies, Arkemedia Limited shall in respect of all unpaid debts due from the Customer 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 such dispose of such goods or property as it is considered fit and to apply any proceeds towards such debts.
ILLEGAL MATTER
(i) Arkemedia Limited shall not be required to produce any matter which it considers to be of illegal or libellous nature. (ii) Arkemedia Limited shall be indemnified by the Customer in respect of any claims, costs or expenses arising out of any libellous matter designed or printed for the Customer or any infringement of copyright, patent and design.
COPYRIGHT
Copyright/Patent Act 1988. The Customer must take full responsibility with regard to the Copyright/Patent for any origination that is supplied to Arkemedia Limited and must have obtained the necessary permission in writing otherwise the Customer will be liable for any action brought by a third party. Designs, layouts, concepts and artworks generated by Arkemedia Limited cannot be reproduced in any form without the prior permission in writing from Arkemedia Limited.
FORCE MAJEURE
Every effort will be made to carry out the contract, but its due performance is subject to cancellation by Arkemedia Limited, or to such variation as it may be deemed necessary, as a result of inability to secure labour, materials of supplies or as a result of any Act of God, war, strike lockout or other labour dispute, fire, flood, drought, legislation or other cause (whether of the foregoing class or not) beyond the control of Arkemedia Limited.
LAW
These conditions and all other express terms of the contract shall be governed and constructed on accordance with the Laws of England.
