These conditions are the sole conditions under which Totally Original T Shirts, hereinafter called “the Company”, contracts with the client, hereinafter called “the Client’. The placing of an order by the Client shall be deemed to be an acceptance of all terms and conditions of the Company.
The conditions may only be varied by written agreement between the Company and the Client.
The following production expenses shall be deemed chargeable by the Company to the Client unless otherwise agreed between the Client and the Company including copywriting, photography, consultancy, design, artwork, origination, and all production expenses including print, embroidery, heat application, materials, special equipment, outside processes, quality control, packaging, and delivery. Screens will be kept for six months from the date of the last print following which there will be a screen remake charge.
Additional costs incurred by the Company on account of any alterations made at the Client’s request to quantities or delivery dates or agreed changes in specifications or designs shall be borne by the Client.
All prices quoted by the Company are based on the current hourly rates and expenses and prices at the time of preparing the estimate and theCompany reserves the right to increase such prices to the Client. The Company also reserves the right to subcontract any or all of the work.
All estimates for work are valid for thirty days from the date of estimate by the Company to the Client.
The Client must notify the Company in writing within 7 working days of receipt of any work of any shortages, errors, faults, failures or omissions, or any other matter whatsoever with which the Client is not satisfied, failing which the Client shall be deemed to accept the work provided by the Company.
Contract quotations are conditional upon a margin of 5% being allowed for overs, spoilage, or shortages (the same to be charged or deducted).
Where the Client is required to confirm approval of work to be commenced, the signing of an approval docket provided by the Company shall deem that the Client accepts the work to be fit for the purposes for which it is required.
Delivery charges will be applied at cost +15% to cover administration and handling expenses. The Company shall not be liable for any costs incurred by lost or late delivery caused by third party couriers.
Payment shall be made in full without any deduction or withholding on any account whatsoever within THIRTY days following the date of the invoice.
For all non-account Clients, unless prior agreement is obtained, a minimum deposit of 50% is required with order and the balance is payable on delivery. The balance must be paid either by Access, Visa or cheque before despatch, or cash must be paid on collection.
Credit facilities may be automatically withdrawn if the Client’s account is abused, exceeds set credit limits, or becomes overdue. Goods will not be despatched where an account is outside payment terms unless prior consent has been given.
Payment shall be made to the Company’s offices at Unit 35 Nobel Road, Eley Estate, Edmonton, London N18 3OW, or by direct transfer to National Westminster Bank, Sorting Code 60-03-25 Account No. 49882937. If payment is not made within THIRTY days, the Company retains the right to demand interest on the unpaid balance beginning on the due date of the last demand (before Judgment) at seven and a half percent (7.5%) of the invoice value for each month after the due date that the debt remains unsettled.
Returned cheques will be subject to an additional fee being applied to the Client concerned based upon bank/administration costs.
Notwithstanding that work has been delivered and accepted, ownership of all work commissioned and produced by the Company including artwork, design, origination, goods, packaging and any other services shall not pass to the Client until payment of the contract price in respect of products, goods and all other services has been received in full, or an appropriate fee has been paid.
The Client acknowledges that all prices quoted in the Contract are exclusive of Value Added Tax. The Client covenants to make all payments due under the Contract together with Value Added Tax at the rate in force on the date when the supply to which the payment relates is treated for the purposes of law relating to Value Added Tax as being supplied to the Customer there under.
Copyright of all work produced by the Company will vest in the Company, unless otherwise agreed in writing.
The Client confirms and warrants that it owns or controls all intellectual property rights (including but not limited to copyright, trademarks, registered and unregistered design rights) in all materials, designs and logos submitted to the Company and the Client has obtained all necessary licences required in respect of such intellectual property rights.
The Client shall indemnify the Company and keep the Company indemnified against all claims, demands, actions, costs, royalties, expenses, losses and/or damages arising from or incurred by reason of any infringement or alleged infringement (including the settlement of or the defence of such infringement or alleged infringement) of any intellectual property right (including but not limited to copyright, trademarks, registered and unregistered design rights) by the provision of the goods to the Client or by the performance of the Company’s obligations under this contract or by the exercise of the Company’s rights under this contract (including under Clause 21).
The Company shall not be held liable or responsible for any breach of copyright whatsoever where they have acted in good faith without knowing or believing that they are in breach of such copyright.
Unless specified to the contrary, the Client hereby agrees that the Company may display any design or logo on their premises or in their company literature for the purpose of marketing the Company’s goods and services.
The Company will use its best efforts to carry out the work in the time notified to the Client, but time shall not be of the essence in this respect and the Company will accept no liability by for any delays, whatsoever, howsoever caused. Verbal instructions will only be accepted on the understanding that the Company will not be responsible for any mistakes, errors or liability arising from accepting such verbal instructions.
Where the Company is required by the Client to undertake work in less time than the Company would normally take in respect of such work, the Company, after notifying the Client, shall be entitled to make such surcharge in respect of expedition as it considers reasonable.
Alterations and cancellation of Contracts entered into by the Company with third parties will only be made when permitted by the terms of such Contracts entered into by the Company with such third parties.
All goods are subject to availability.
The Company will take every reasonable precaution to safeguard the Client’s property, including blank stock supplied for contract printing, entrusted to the care of the Company and in the absence of negligence by the Company, the Company will not be responsible for loss, damage, destruction, or unauthorised use of the property.
If the goods are purchased to the Client’s design or according to the Client’s instructions, the Client shall indemnify the Company in respect of all claims, damages, costs, and expenses in respect of any actual or alleged infringement of a third party’s rights.
The Company will not be liable in damages to the Client by reason of late or non-delivery arising out of anything beyond reasonable control, e.g., Acts of God, fire, flood etc.