Orders are accepted by the Company on the specific understanding that customers accept these Terms of Business.
Credit Accounts will be opened on receipt of two satisfactory trade references and a bankers reference. For approved credit, account payments must be made no later than 30 days after the date of the invoice.
The Company reserves the right to charge interest on all overdue accounts at a rate equal to 3% per month from the date when the account becomes due for payment until payment is received, whether before or after judgement, such interest to accrue on a day-to-day basis.
Any accounts outstanding beyond our credit terms of reference may be passed out of hand to a third party for collection and will then be subject to a surcharge to cover the costs incurred:
these include interest charges and any other costs incurred in obtaining settlement.
A minimum order charge of £10 plus VAT is made when work is placed on a credit account.
It is Customers responsibility to ensure that all materials presented for processing is free from any third party claim of copyright.
No material will be accepted unless accompanied by: either (i) the Customers Certificate that the work is our of copyright or that the customer owns the copyright or (ii) the copyright owners written consent.
In the event that any material is accepted by us without such Certificate or owners consent, the Customer shall nonetheless be deemed (by requesting us to process such material) to be certifying that there is no third party claim to copyright therein.
The Customer hereby indemnifies us against all costs, claims, damages and losses of whatsoever nature arising from any claim by any third party in respect of alleged infringement of copyright in any material or any reproduction thereof or arising in any other way whatsoever from the processing undertaken by us in accordance with the customers instructions.
The copyright on all photography undertaken by Ivor Innes Ltd remains vested with that company and will not normally be assigned without payment of a fee. The rights under section 77 and 80 of the Copyright designs and Patents Act 1988 are hereby asserted. By law, camera originals (images) remain the property of Ivor Innes Ltd and will not normally be released unless a substantial charge has been agreed in writing and the relevant invoice paid in full.
The Copyright Designs and Patent Act 1988 defines the originator as the first owner of copyright in all photographic work. A limited licence to use will be granted, for a specific purpose and period, and is incorporated in the agreed fee. This licence to use only comes into effect on full payment of the relevant invoice
Films or media containing Images or any other materials sent to us for processing are accepted on the understanding that their value is not greater than the current retail price of equivalent new unexposed material. In the case of damage or loss from any cause whatsoever, our liability does not exceed the replacement value of equivalent new unexposed material.
Whilst every possible care is taken with customers negatives, prints, samples etc, Ivor Innes Ltd cannot be held responsible for any loss or damage when such articles are entrusted to us. Similarly, great care is taken in packing goods but Ivor Innes Ltd are under no circumstances accountable for damage to, or loss of, articles leaving our works. Notification of claims for damage in transit should be made to the Company immediately on receipt of the goods.
Directors: I.D.Innes, J.A.Innes, D.I.Innes, N.Rennardson, P.K.Cox
Reg. in England No.1278 997.
VAT Registered No. 288 4411 33
11/13 THE SQUARE
T: 01482 649271
It is the responsibility of the client to ensure that any goods with a value of more that £1500 held in our care have adequate insurance. The client can either arrange their own insurance or request in writing Ivor Innes Ltd to do so. The cost of any insurance requirements must be paid by the client.
On account of the limitations of colour processes it is impossible to guarantee an exact match to guide prints, samples, etc. However, guides should be provided where possible, to ensure close matching and proof prints submitted by the company should always be returned with re-orders. In the absence of specific instructions, a judgement will be passed on the overall colour balance of the subject.
Any complaint must be made within three days of receipt of goods.
Responsibility will not be accepted for consequential loss or damage caused by errors or by delay in delivery or from any cause.
Upon cancellation of any commissioned work the following fees will be charged for every day of photography booked. 4 weeks notice no charge, 2 weeks notice 25% of the day rate, 1 weeks notice 50% of the day rate, less that 1 week the full day rate.
All other costs incurred up to the date of cancellation will be charged as normal.
All goods supplied shall remain the property of Ivor Innes Ltd until the customer has paid off all outstanding sums due to Ivor Innes ltd, and not only the sums due under this invoice. Until such time as title in the goods passes to the customer, the customer will hold the goods as agent for Ivor Innes Ltd reserves the right to enter the customers premises to retrieve the goods in the event of any default in payment.
Every effort will be made to carry out any contract or order based on a quotation, but the due performance of it is subject to variation or cancellation owing to an Act of God, War, Strikes, Lock-outs, Fire, or any other cause beyond control, or owing to the inability to procure materials or articles except at increased prices due to any of the foregoing causes.
The contract shall be personal to the Customer and shall not, nor shall any rights under it, be assigned by the Customer without the written consent of Ivor Innes Ltd.
These terms and conditions are governed by English law, you agree to submit to the nonexclusive jurisdiction of the English courts in relation to any disputes arising under or in connection with these terms and conditions or the contract between us.
If any provision of the Contract (or of these Terms of Business) is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract (or of these Terms of Business) and the remainder of the provision in question shall not be affected thereby.