The following provisions constitute the general conditions of Catalyst Image Solutions Ltd (Company Reg No. 8024510) (hereinafter referred to as “CATALYST”) with respect to any firm, company or person to whom services are offered or rendered (hereinafter referred to as “ the Client “)
These conditions form the basis of a binding agreement and the provisions set out herein shall apply over the full period of any service or services being provided by CATALYST to the Client.
The services to which these conditions apply are those set out in the form of instruction ( “the Work” ) or such other services that may be agreed in writing to be provided by CATALYST to the Client.
Prices are based on the Company’s current pricing policy but the Company reserves the right to amend its quoted prices at any time. Quoted prices include packing & delivery, unless otherwise stated.
CATALYST shall carry on the Work using an appropriate duty of care. In the event of CATALYST being responsible for an act or omission in this regard, CATALYST shall where possible make good any such failure or at its discretion reduce or limit its fee to reflect any direct loss suffered by the Client, but notwithstanding the foregoing in no circumstance whatsoever shall CATALYST be responsible for any loss of profit or any other consequential loss howsoever arising.
It is the clients responsibility to check the accuracy of the artwork and advise in writing of any errors and omissions. The Client consent to ‘go ahead and print’ assumes that the client has proofed the artwork, and it is ready to print as it is. Catalyst is not responsible for any errors or omissions to the artwork/printing, howsoever caused, once it has been given the ‘go ahead’ to print by the Client.
Disbursements – all expenses and other ascertainable costs ( and any VAT thereon ) which CATALYST is likely to need to pay in acting for the Client shall be paid forthwith upon demand of CATALYST in advance, such expenses to include, but not be limited to court fees, third party investigation fees, travelling expenses. For the avoidance of doubt where such expenses have not been paid as requested, by the Client for any reason whatsoever CATALYST shall be entitled not to proceed with the Work and any extra costs incurred from any resulting delay shall be the responsibility of the Client.
Payment – invoices submitted by CATALYST shall be due and payable in full within 30 days of the date of the invoice. Where the client fails to make any payment within thirty days of the invoice, CATALYST shall be entitled to charge interest from the date of the invoice at rate of 5 per centum above base rate from time to time of Alliance & Leicester Commercial Bank plc or ( where it applies ) pursuant to the Late Payment of Commercial Debt ( Interest ) Act 1998 ( as amended ), whichever may be greater ( when both may be applied ). All invoices shall bear VAT if applicable at the rate that may from time to time be payable.
CATALYST reserves the right to vary or revise any commission or charges within any stages of collection by giving prior written notice to Client
Where original documents are passed to CATALYST this is subject to the strict understanding that this is entirely at the Clients own risk
If CATALYST is owed money by the Client it shall be entitled to deduct the sums owed in whole or part from any other funds it may be holding for the Client for time to time.
Should this account not be settled when due, and thereby fall into arrears, and the Company instruct a Debt Collection Agency and/or a Solicitor to collect the said debt/account; all commissions, legal fees, costs, disbursements, Value Added Tax, and all sums that the Company is called upon to pay in order to collect the said outstanding debt/account, will be borne by the Debtor and/or the party or parties to the Conditions of Sale or to any contract that the Company has entered into with the Debtor.
All Intellectual Property Rights in all work supplied by the Company remain the sole and exclusive Property of the Company until such time as the Client has paid all outstanding bills in full.
The Company’s liability in respect of defects in the Services provided shall be limited to the replacement of the faulty items, or the issue of credit notes or the granting of a refund, or such other compensatory measures as the Company in its sole discretion considers appropriate in the circumstances. No liability will be accepted for defective work directly resulting from inferior originals or materials supplied by the Client. Where the Client has supplied film or documents for printing or reproduction purposes by the Company and such film or documents are damaged or destroyed whilst in the Company’s possession, then the Company shall only be liable for the replacement cost of the said film or documents and the Company shall not in any circumstances be liable to the Client in respect of indirect or consequential loss or damage or loss of profits sustained by the Client. The Company shall not be liable for any loss to the Client arising from delay in transit not caused by the Company.
Any assets supplied to the Company by the Client are deemed to be the copyright of the Client, or that the Client has obtained the necessary copyright clearance for. The Company cannot be held responsible either in whole or part for any copyright breeches that occur as a result of the use of assets supplied to the Company.
Every endeavour will be made to deliver a printing quantity ordered, but estimates are conditional upon margins of + /- 10 percent.
Advice of damage, dissatisfaction of condition, delay or partial loss of goods in transit or of nondelivery, must be given in writing to the Company and the carrier within three clear days of delivery. (In the case of non-delivery, within 28 days of despatch of the goods) All other claims must be made in writing to the Company within 7 days of delivery. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Client proves that it was not possible to comply with the requirements.
FORCE MAJEUR: The Company shall be under no liability if the Company is unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock out, strike or action taken by employees or contractors in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such contingency the Client may give a written notice to the Company electing to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
Sign off of the Company’s estimate by the Client is deemed to be acceptance of all the above Terms and Conditions of business.
No changes shall be made to these Conditions unless agreed with CATALYST in writing