1. Acceptance of Order
a) Atticus Digital Ltd. (hereafter referred to as the Company) is only prepared to supply goods and/or services subject to these conditions. All offers by the Company to supply goods and/or services shall be taken to be subject to these conditions as shall all acceptances by the Company of orders placed with it whether such acceptances be expressed or implied.
No variation or modification of these conditions shall bind the Company unless agreed in writing by a Director of the Company. These conditions shall prevail over all other terms and conditions affecting any contract to which they apply including those conditions of business annexed to any order placed with the Company. For avoidance of doubt variations to or modifications of these conditions as the same relate to previous contracts between the parties shall not be deemed incorporated in the conditions unless specifically agreed in writing by a Director of the Company.
b) In the event of any dispute as to the terms on which goods and/or services have been supplied by the Company the terms set out on the Company’s acceptance of order (or if none has been dispatched the terms set out in the Company’s invoice) shall be conclusive evidence of the terms agreed between the parties.
Prices, discounts and carriage terms are subject to variation by the Company without notice and all goods will be invoiced and paid for at prices current at the time of despatch from the Company’s premises unless quoted in writing as firm for acceptance within a specified period.
3. Settlement Terms
a) Credit Accounts
i) Credit accounts will be opened on receipt of two satisfactory trade references.
ii) Credit accounts may be terminated by one month’s prior written notice given by the Company.
iii) All invoices must be paid not later than 30 days from the date of invoice.
iv) In the event of credit accounts becoming overdue, interest shall be charged at the rate of 3% above the base lending rate of Barclays Bank plc on a day to day basis calculated on the amount outstanding until the date the payment is received by the Company.
b) Cash Accounts
Orders from parties who do not have an existing credit account with the Company will be accepted on a cash with order basis only.
c) Grant Aid
i) When carrying out work which may be eligible for financial assistance through any grant aided scheme, from a bank, money lending operation or other source other than the customer’s funds then the Company requires written confirmation as to whether or not the commencement of the work is dependent upon the money being forthcoming. Once the order is confirmed in writing by the customer or trading operation then the customer is responsible for payment of the Company’s invoices within the Company’s normal trading terms and irrespective of when or whether the money from a third source is made available to the customer’s company.
ii) If work is produced under a grant or financial aid scheme and the aid is withdrawn for any reason whatsoever then the debt incurred for the work done remains the responsibility of the customer’s company.
a) Any time or date for delivery given by the Company is an estimate only and the Company shall not be liable for any loss or damage or any consequential loss arising directly or indirectly from delay and delivery however caused.
b) The risk in goods and/or services supplied by the Company shall pass to the buyer upon delivery to the buyer.
c) Any damage or discrepancy must be notified to the Company in writing within seven days of delivery and if such notification is not given within seven days of delivery (time being of the essence) then all liability on the part of the Company for such damage or discrepancy however caused and whether due to fault on the Company’s part or not shall cease.
d) Delivery of completed work to the Customer shall be deemed to have taken place when the Customer or his agent have received the goods and/or services or in the case of internet or intranet services, when the site becomes live. The Customer then has seven working days to reject the material at the end of such time, the Customer is deemed to have accepted the goods and/or services and shall be barred from any claim with regard to the completed goods and/or services.
a) Owing to the wide variety of the products supplied by the Company and the multiplicity of purposes for which they may be used and the fact that the Company has no control over the method or application of use the Company excludes all conditions and warranties expressed or implied by statute as to the fitness of goods supplied or their suitability for any purpose. This condition shall remain effective notwithstanding any technical advice given by the Company to assist the customer. For reasons above stated the Company can accept no liability for any loss or damage or consequential loss or damage arising out of the goods supplied by it however caused. When producing data and market information the Company cannot be held responsible for the accuracy of such data.
b) Use of the Company’s facilities is at the risk of the Customer and the Company shall not be liable to the Customer in respect of any loss, damage or personal injury caused arising therefrom.
a) Goods supplied under the provisions of these conditions shall be and remain the property of the Company until the full invoice price, value added tax (if any) and any such interest as may be payable shall have been paid and if the buyer shall dispose of the goods or any of them for value (whether in their original form or as constituents of another item) the beneficial entitlement of the buyer shall attach to the proceeds of such disposal and in the event that a resolution to wind up the buyer’s business shall be passed or presented otherwise than for re-construction or amalgamation or a winding-up Petition presented or if being an individual a Petition in Bankruptcy is filed or if a Receiver of the purchaser’s undertaking property or assets or any part thereof shall be appointed the Company shall have the right to terminate dealings with the buyer immediately.
b) The Company shall not be liable for claims by third parties in respect of consequential or economic loss or damage caused by goods supplied by the Company.
a) All intellectual property rights in all product of the services shall remain the property of the Company.
b) The customer shall and hereby indemnifies the Company against all damages, penalties, costs and expenses to which the Company may become liable as a result of work done in accordance with the customer’s specifications which involves the infringement of any letters patent, copyright or registered design.
c) Copyright of all work produced remains the property of the Company as defined in the Copyright, Design and Patents Act 1988
(c. 48), unless specifically agreed in writing by a Director of the Company.
8. Customer’s property
a) Whilst every care is taken with customer’s materials such as print, negatives, samples, electronic data or any other article, the Company cannot be held responsible for any loss of or damage to customer’s property left at the Company’s premises or entrusted to the Company. In the case of damage or loss from any cause whatsoever, the Company’s liability shall not exceed the replacement of equivalent raw material of similar quality.
b) The Customer shall remove all its materials from the Company’s premises within two months of the date of delivery of the Company’s invoice relating to such materials. Thereafter the said materials shall become the absolute property of the Company who may dispense of them as the Company thinks fit.
a) When involved in the production of printed matter, advertising material or electronic data then it is the customer’s responsibility to check the work at each stage; typed copy, visuals, artwork or illustration. The Company may accept certain errors and omissions up to presentation stage to the customer but any amendments required, once a signature of acceptance has been given, are charged to the customer. Once final artwork has been approved, the Company cannot be held responsible for any errors and omissions after that date.
b) Under normal circumstances two presentations of project visuals are included within the original costings to the customer. Any additional visuals requested by the customer will incur additional costs for time and materials.
c) Whilst the Company makes every effort to ensure the accuracy of all material, the customer is required to check the copy and provide a signature to confirm its correctness. The Company cannot be held responsible for any errors or omissions noticed after this stage.
Atticus Digital Limited. Registered in England and Wales No 3506454.
Registered Office: Pascoe House, 54 Bute Street, Cardiff CF10 5AF, UK. VAT No 713 3004 90