The following terms shall have the following meanings:-
1.1 THE SUPPLIER – SIMON BRUNTNELL Photographer of Orchard Cottage, School Road Trysull, South Staffordshire WV5 7HR.
1.2 THE PURCHASER – The person or Company requesting the Order.
1.3 ORDER – The provision supply and deliveries of any services and goods by the supplier to the Purchaser.
1.4 THE GOODS – All photographs prints transparencies digital image files and designs by the Supplier pursuant to the Order.
2.1 These conditions form the terms of each and every contract made between the Supplier and the Purchaser for Orders and prevail over all other terms expressed or implied unless specifically accepted in writing and signed by duly authorised representatives of both the Supplier and the Purchaser.
2.2 The Order by the Supplier shall conform as far as practicable to the Purchasers requirements and shall be carried out with reasonable skill and care.
Requests to amend the Order must be made by the Purchaser to the Supplier in writing and shall only be accepted if signed by a duly authorised official of the Supplier.
4.1 The Supplier will use all reasonable endeavours to ensure the Goods will be delivered to the Purchaser on the date and or time requested by the Buyer. Time shall not be of the essence.
4.2 The Purchaser will be liable for the cost of delivery of the Goods including packaging materials unless otherwise agreed in writing.
4.3 The Purchaser will be liable for the cost of returning any goods not accepted on delivery.
5.1 The Supplier agrees not at any time during or after the term of the Contract to divulge or allow to be divulged to any person any confidential information other than to persons specifically approved by the Purchaser.
5.2 The Purchaser agrees at any time during or after the term of the Contract not to divulge or allow to be divulged to any person any confidential information relating to the business or affairs of the Supplier other than to persons specifically approved of by the Supplier.
6.1 The copyright in the Goods belongs exclusively to the Supplier and the Supplier owns all vested contingent and future rights of copyright and all rights in the nature of copyright and all accrued rights of action and all other rights of whatever nature in and to the Goods whether now or in the future created to which the Supplier is now or may at any time after the date of the Contract be entitled by the virtue of or pursuant to any laws enforced in each and every part of the world.
6.2 The Goods will only be used for the purpose the Purchaser has specified at the time of the request to the Supplier prior to the placing of the Order.
6.3 There will be no further publication of the Goods or copies of the Goods without the Supplier’s prior consent.
6.4 The Supplier asserts moral rights to be identified as the author of the Goods in accordance with the Copyrights Designs and Patents Act 1988 Sections 77 and 78.
6.5 Whenever copies of the Goods are published, the publication in which they appear will contain a statement acknowledging the Supplier as the author.
6.6 The Goods may not be published or in any way used by the Purchaser until the price has been received by the Supplier in cash or cleared funds.
6.7 If the Goods are produced in accordance with specific requirements or instructions from the Purchaser the Purchaser shall indemnify the supplier against any losses and expenses the Supplier incurs for infringement of design rights copyrights or other intellectual property rights which results from the Supplier following the Purchaser’s requirement or instructions.
7.1 The price for the Order shall be the price given by the Supplier at the time the Supplier agrees the Order.
7.2 Payment of the price be due upon delivery of the invoice by the Supplier.
7.3 In addition to the price stated by the Supplier the Purchaser shall pay: -
a) out of pocket expenses reasonably incurred by the Supplier in the proper performance of the Order.
b) costs of packaging posting and insuring the Goods.
c) re-shoot time due to cancellation by the Purchaser or items not supplied by Purchaser at booked session time.
d) a cancellation fee will be charged to the purchaser according to the following schedule. When a purchaser cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged. When a purchaser cancels photography within one week of any confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by the supplier.
e) value added tax payable in respect of the price or expenses incurred by the Supplier.
7.4 If the Purchaser fails to make payment on the due date then without prejudice to any other rights the Supplier may suspend any further deliveries to the Buyer and charge the Purchaser interest (both before and after judgement) on the amount unpaid at the rate of 2% above the Barclays Bank Plc base rate.
8.1 If the Goods do not meet with the satisfaction of the Purchaser, the Purchaser must contact the authorised representative of the Supplier within twenty four hours of the delivery.
8.2 The Purchaser will be notified of the name of the Supplier’s authorised representative at the time of delivery.
8.3 If the Supplier accepts that any defect in the Goods is due to the Supplier’s default the Supplier may produce free of charge an alternative set of the Goods of a reasonable quality within twenty one days from the date of delivery but the Supplier shall have no further liability.
Both parties will be released from their respective obligations in the event of national emergency war prohibitive governmental regulations or if any other cause beyond the reasonable control of the parties which renders performance of the Contract impossible.
10.1 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
10.2 Where the Purchaser contracts as a consumer (as defined by the Sale of Goods Act 1979) the statutory rights of the Purchaser are not affected by these Conditions.
10.3 No waiver by the Supplier of any breach of Contract by the Purchaser shall be considered as a waiver of any subsequent breach of the same or other provision.
11.1 This agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England.
11.2 Any proceedings arising out of or in connection with this agreement may be bought in any court of competent jurisdiction in England.
11.3 The submission by the parties to such jurisdiction shall not limit the right of the Supplier to commence any proceedings arising out of this agreement in any other jurisdiction it may consider appropriate.
11.4 Any notice of proceedings or any other notices in connection with or which would give effect to any such proceedings may without prejudice to any other method of service be served on any party in accordance with clause 11.
11.5 In the event that the Purchaser is resident outside England it’s address for service in England shall be the address for such service nominated by the Purchaser when making the Order and any time limits in any proceedings shall not be extended by virtue only of the foreign residence of the Purchaser.
Any notice to be served on either of the parties by the other shall be sent by prepaid recorded delivery or registered post or by telex or by electronic mail and shall be deemed to have been received by the addresses within forty eight hours of posting or twenty four hours if sent by telex or by electronic mail to the correct telex number or correct electronic mail number of the addressee.
13.1 The Supplier shall not be responsible for destruction loss or damage to any article whilst in the custody of the Supplier unless all of the following shall be satisfied :-
13.1.1 The Purchaser shall before delivering the article to the Supplier request that the Supplier arranges insurance cover.
13.1.2 The Purchaser states prior to delivery the value and risks for insurance purposes.
13.1.3 The Purchaser pays the cost of insurance (which shall be additional to the price) on demand.
13.1.4 The insurance shall be available for the risks and to the value to the Supplier prior to delivery by arrangement with the Supplier’s insurance broker for the time being.
13.1.5 The destruction loss or damage arises as a result of an insured risk and does not exceed in value the value of the insurance cover.