2020 Perfect Vision Limited – Terms and Conditions of Sale
All quotations, offers, acceptances and contracts of sale made by us or on our behalf are subject to the following terms and conditions which shall apply so far as the same are not varied by any special terms or conditions agreed in writing between the parties. Subject as aforesaid these terms and conditions shall apply to the exclusion of all other terms and conditions and in particular it is expressly agreed by the customer that the contractual conditions (if any) of the customer are excluded in their entirety.
Quotations are valid for a period of 28 days and for the goods in the quantities specified therein.
Quotations are not offers and any order given in respect of a quotation is not binding on us until accepted on our order acceptance forms. All prior correspondence or oral communications shall be regarded as superseded and not forming part of the contract. Prices quoted are subject to revision for errors and omissions at any time.
No statement, description, information, condition or recommendation, contained in any catalogue advertisement or communication or made verbally by any of our employees or agents shall or shall be construed to enlarge vary or override in any way of these conditions.
All samples, specifications, colour, sizes and materials submitted by 2020 Perfect Vision Limited are approximate only, and the descriptions and illustrations contained in our catalogues, price lists and other advertisement matter are intended merely to present a general idea of the goods described therein, and none of these shall form part of the contract. We reserve the right to change any specification for the Products without notice in writing to the customer.
Will be those ruling at the date of despatch unless otherwise agreed. All prices are exclusive of VAT and any other tax. Any increase in costs or expenses arising from any act or omission or any special requirements of the customer or any modifications made at the customers’ request may, at our option, be charged to the customer.
The customer shall pay the price of the goods at our registered office on receipt of goods or services provided. For goods or services over the value of £2,000, 50% of the order value is due on order acceptance by 2020 and 50% on receipt of goods or services unless otherwise agreed. If the customer fails to make any payment on the due date we shall be entitled to charge statutory interest on all amounts unpaid on the outstanding balance. Notwithstanding the foregoing provisions we shall without prejudice to our other rights have the right by notice in writing to the customer to demand immediate payment of all monies due from the customer to us for any goods delivered at any time.
We reserve the right to refuse to execute any order if the arrangements for payment or the customers’ credit are not satisfactory to us, and to suspend or discontinue delivery of any goods or materials to any customer whose account is overdue for payment. Where any payment from a customer is overdue, all amounts owing to us from that customer, whether under this contract of sale or otherwise shall become immediately due and payable notwithstanding any other provision to the contrary wherever contained. When goods are ready for delivery but the buyer cannot or will not accept delivery, the payment period will be deemed to have started when the goods are so ready. We reserve the right to require security for payment by the customer before delivering any goods
Shall take place ex-works on our premises in Leeds.
The date(s) for delivery is (are) given in good faith but we accept no liability in the event of it (their) being exceeded. We accept no responsibility or liability for delay in delivery or non-delivery in whole or part caused by lockouts, strikes, fires, tempest, accidents to machinery or war or by any statute or statutory rule, order or regulation, or requisition of any government department or body or other authority or by any other cause whatsoever beyond our control or of any unexpected or exceptional nature.
If any contract becomes impossible of performance or otherwise frustrated by the customer he shall be liable to pay to us a minimum of 15% of the contract price representing all costs, expenses, overheads, and a measure of profit which we, our suppliers, or sub contractors, have incurred or for which we or they are or may become liable in connection with the contract at the time of frustration or impossibility of perform provided that we shall not require payment for any standard parts or material which we may be able to use at the time in any other contract then current. Any pre-payments which may have been made to us under the contract shall be applied towards satisfaction of such sum as may become due to us under the foregoing provisions, and the excess (if any) prepayment will be refunded by us.
The customer shall be deemed to have accepted all goods upon their delivery by us. If the customer fails to take delivery of the goods or to give us adequate delivery instructions at the time stated for delivery then, without prejudice to any other right or remedy available to us, we may store the goods at the customers’ risk and shall be entitled to make appropriate charges. Goods can be delivered in part quantities.
In cases where a number of items are ordered and which are either made specially to order or are not normally held in stock, then we reserve the right to supply up to 10% over or below the number stated on the order.
We do not accept responsibility for damage, shortage or non delivery of any goods not insured by us nor where they are insured by us unless: (a) Damage or shortage is notified in writing to both us and the carriers within three days of receipt of goods; (b) Non-delivery is notified both to us and the carriers, in writing, within ten days of the date of despatch (or, in the case of export sales, within 10 days of their scheduled arrival of at port of destination).
8.PASSING OF PROPERTY
The risk in the goods shall pass to the customer on delivery but the property in the goods shall remain our sole and absolute property until such time as the customer shall have paid to us cash or cleared funds the agreed price together with the full price of any other goods the subject of any other contract with us for which payment is due.
The customer acknowledges that until such a time as the customer becomes the owner of the goods the customer is in possession of the goods solely as our fiduciary agent and bailee and the customer will store, protect and insure them from the point of delivery and on his premises separately from the customers’ own goods or those of any other person and in a manner which makes them readily identifiable as our goods.
Until such time as the customer becomes owner of the goods we shall be entitled to require the customer to deliver up the goods to us and, if the customer fails to do so forthwith, to enter upon the premises of the customer or any third party where the goods are stored and repossess the goods. Notwithstanding that property in the goods has not passed to the customer we shall be entitled to maintain an action for the price under Section 49 of the Sale of Goods Act 1979.
Every effort is made to ensure sound material and good workmanship but all terms, statements, conditions, warranties and representations whether relating to the nature, quality or condition of the goods or to their merchantable quality or fitness for purpose for which they may be required or otherwise howsoever used, whether expressed or implied, statutory or otherwise and whether contained in or collateral to the contract of sale are hereby excluded.
Our liability under these Conditions shall be limited to the price of the goods that are the subject of the contract.
We shall be under no liability under these Conditions if the customer has not paid in full for the goods or the customer has executed or attempted to execute repairs or alterations to the goods which are not authorised by us or has failed in any other respect to adhere strictly to the terms hereof or we have not been notified of any defect in the goods (whether apparent on reasonable inspection or not) within one month of the defect becoming apparent.
Our liability does not extend to any other loss or damage of any nature whether or not on account of the negligence of us, our employees or agents, including (without limitation) loss of profit, cost of replacement elsewhere, loss or production damage to plant, personal injury whether caused or not through failure to wear the correct protective clothing or any consequential or special loss or damage valid and effective.
Any warranty, which must be confirmed in writing by 2020 Perfect Vision Limited in order to be valid, is limited to faulty materials or workmanship and not as a consequence of fair wear and tear which is excluded in its entirety and only then to that proportion of the unused life expectancy as decided by 2020 Perfect Vision Limited at its sole discretion. In the absence of anything in writing to the contrary claims must be notified to us in writing within 12 months of despatch ex Leeds premises.
All products produced by 2020 Perfect Vision Limited including images, graphics, artwork, visualisations and photography shall be regarded as works of art under the terms of the copyright and patents act of 1988 and shall be the intellectual property of 2020 Perfect Vision Limited. The sale of a perpetual licence to use these works of art or assignment to purchase shall be at the discretion of 2020 Perfect Vision Limited and is subject to negotiation with the customer. All imagery including photography is supplied with a free annual licence for the first 12 months of use. If the imagery is utilised in marketing materials (including literature, brochure and websites) subsequently, an annual fee equivalent to the original invoice value is payable.
2020 Perfect Vision Limited will not produce any products which in its opinion may infringe any copyright, registered or un-registered trade marks, registered design or other intellectual property rights of any third party unless accompanies by either (i) the written consent of the owner of the intellectual property rights (ii) the customers’ certificate that the work does not infringe the copyright or other intellectual property rights of any third party.
Any material accepted by 2020 Perfect Vision Limited without the aforementioned owners consent or certificate shall be deemed by us not to infringe the copyright or other intellectual property rights of any third party.
The customer shall indemnify 2020 Perfect Vision Limited against all costs, claims, damages and losses of whatsoever nature, in respect of any infringement or any alleged infringement, by 2020 Perfect Vision Limited of copyright or other intellectual rights attributable to 2020 Perfect Vision Limited complying with and special instructions, or requirements of, the customer, relating to the products.
The customer shall indemnify us against any claims whatsoever for damage and costs and against all liability in respect of any infringement of patent rights resulting from compliance with the customers’ instructions expressed or implied. Copyright in all matter made by or for us remain our intellectual property and transmission to a third party is not permitted. Failure to respect 2020 Perfect Vision Limited copyright will be prosecuted under the law relating to intellectual property rights.
If any condition herein shall be deemed void for any reason whatsoever, but would be valid if part of its wording were deleted any such conditions shall apply with such modification as may be necessary to make it valid and effective.
Nothing in these Conditions shall affect the statutory rights of a customer who in relation to us “deals as a consumer” as defined in section 12 of the unfair Contract Terms Act 1977 or any amendment or modification thereof.
The Contract shall in all respects be construed in accordance with English Law and the parties submit to the nonexclusive jurisdiction of the Courts of England.
These Conditions of Sale supersede any other that pre-date them.
All cancellations of photography shoots that have been agreed with 2020 are subject to a cancellation fee.
Cancellations made within 10 working days of the shoot start date will be subject a 10% fee.
Cancellations made within 5 working days of the shoot start date will be subject to a 25% fee.
Cancellations made within 2 working days of the shoot start date will be subject to a 50% fee.
Room Set builds and materials / props sourced and or purchased upon agreement in advanced of cancellation are to be paid for in full.
These charges have been generated on loss of studio and photography time.
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