terms & conditions
SOLE CONTRACT TERMS:
All quotations are made and all orders for goods and services made by Marcel André are accepted subject to the following conditions which shall form part of and govern the contract of sale. Any variations to these conditions in any document of the buyer is unacceptable unless accepted in writing by Marcel André.
PRICE & ORDER VARIATION:
Quotations are based on information supplied by the customer and are on Marcel André's current costs of production. The period of validity of each quotation shall be 30 days from the date of issue. Marcel André reserves the right, unless otherwise agreed in writing, to amend quotations on or at any time after acceptance if the customer changes specification or supplies, additional information or to meet any rise or fall in Marcel André's costs. Quotations include three rounds of amendments to artwork, any amendments beyond this will be charged at Marcel André s current hourly rate.
DELIVERY:
Marcel André shall use his best endeavours to meet delivery dates but unless otherwise agreed in writing, time shall not be the essence of the contract. In no circumstances shall he be liable for any delay in transit or delivery howsoever caused and shall not be liable to the customer for consequential loss howsoever occurring.
Marcel André shall not be liable for the consequences of any loss or damage caused by delay in delivery or performance howsoever caused and shall remain entitled to payment in full of all Marcel André's invoiced sums, whenever invoiced.
Marcel André reserves the right to refuse delivery if circumstances deem it appropriate and the customer shall not be entitled to demand delivery if payment has not been made. Should express delivery be agreed, Marcel André reserves the right to charge the customer further for any additional costs involved.
OWNERSHIP OF GOODS:
The property in any goods supplied by Marcel André shall not pass to the customer until Marcel André has been paid the full price, including any costs or increases in price. Until such time the customer shall:-
• Have possession of the goods solely as Marcel André's Bailee thereof keep the goods separate and identifiable apart from any other goods.
• Not sell or dispose of the goods except on behalf of Marcel André and on condition that the proceeds of such sale or disposal equate to the full invoiced value and that the customer accounts to Marcel André for such proceeds equivalent to such invoiced values.
COPYRIGHT:
The entire copyright on all designs, artwork, illustrations and any other artistic craftsmanship made by or for Marcel André shall belong to Marcel André, unless agreed in writing prior to the commencement of any work.
PAYMENT TERMS:
Jobs will be invoiced on delivery and must be paid strictly within 7 days of the invoice date.
Should the agreed contract be cancelled, or left uncompleted, at any stage during the design process, the design fee quoted will become payable in full.
Any sum due but not paid shall, at Marcel André's discretion, bear interest at the current rate. Such accrual shall commence from the day following the day on which the amount became due. Should work be suspended at the request of, or delayed through any fault of the customer for a period of 30 days, Marcel André will be entitled to payment for work already carried out, materials specially ordered and any other additional costs.
LATE PAYMENT:
Marcel André reserves the right to charge compensation and interest at 8% above base rate on late payments. This is in accordance with the Late Payment of Commercial Debts (Interest Act) 1998.
CLAIMS:
Any dispute or claim regarding the invoice or the goods supplied must be made to Marcel André in writing within 7 days of invoice date or delivery date, whichever is the latest. Claims outside this limit will not be entertained. Marcel André shall not be liable in respect of any claim unless the aforementioned requirements have been complied with, except in any particular case where the customer proves
1. it was not possible to comply with the requirements and
2. advice (where required) was given and the claim made as soon as reasonably practicable. Any dispute under the contract, which cannot be resolved between Marcel André and the customer amicably, shall be referred to an arbitrator to be appointed by Marcel André.
LIABILITY:
Marcel André's liability in respect of defective or faulty work shall be limited to rectifying the defect or fault or replacing the work or crediting the invoice price of the goods at Marcel André's discretion. Marcel André will in no circumstances be liable for any loss or damage in excess of the invoice price of any work or any part thereof in respect to which a claim is made.
CUSTOMER'S PROPERTY:
Customer's property and all property supplied to Marcel André by or on behalf of the customer shall while it is in the possession of Marcel André or in transit be deemed to be at the customer's risk, unless otherwise agreed and the customer should insure accordingly.
Whilst every care is taken, Marcel André cannot accept any responsibility for loss or damage to artwork, photography, transparencies or customer's property. Any liability shall be limited to the replacement cost of the basic material.
ILLEGAL MATTER:
Marcel André will be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material presented for the customer. The indemnity shall extend to any amounts paid for legal advice in settlement of any claim.
GOVERNING LAW:
All contracts between the customer and Marcel André shall be subject to and construed in accordance with English law and any dispute shall be settled in the English courts.