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Services for the 21st Century Company

BDA London (Business + Design Advertising)

STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS & SERVICES

 

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1)      DEFINITIONS

         In this statement the following words shall have the following

         meanings:

1.1    "Consumer" shall have the meaning ascribed in section 12 of

         the Unfair Contract Terms Act 1977.

1.2    "Customer" means any person who purchases Goods and

         Services from the Supplier.

1.3    "Goods" means the articles specified in the Proposal.

1.4    "Proposal" means a statement of work, quotation or other

         similar document describing the Goods and Services to be

         provided by the Supplier.

1.5    "Services" means the services specified in the Proposal.

1.6    "Supplier" means BDA London (Business + Design

         Advertising) of Angel House Studio, 10 Coppetts Road,

         London N10 1NN, United Kingdom.

1.7    "Terms and Conditions" means the terms and conditions of

         supply set out in this document and any special terms and

         conditions agreed in writing by the Supplier.

 

2)     GENERAL

2.1    These Terms and Conditions shall apply to all contracts for

         the supply of Goods and Services by the Supplier to the

         Customer and shall prevail over any other documentation

         or communication from the Customer.

2.2    Any variation to these Terms and Conditions shall be

         inapplicable unless agreed in writing by the Supplier.

2.3    Nothing in these Terms and Conditions shall prejudice any

         condition or warranty, express or implied, or any legal

         remedy to which the Supplier may be entitled in relation to

         the Goods and Services, by virtue of any statute, law or

         regulation.

2.4    Nothing in these Terms and Conditions shall affect the

         Customer's statutory rights as a Consumer.

 

3)     THE ORDER

3.1    The Proposal attached to these Terms and Conditions shall

         remain valid for a period specified in the Proposal, or no

         longer than 28 days from the date of the Proposal.

3.2    The Customer shall be deemed to have accepted the Proposal

         by placing an order with the Supplier ("the Order") within the

         period specified in Clause 3.1.

 

3)      Continued

3.3     All Orders for Goods and Services shall be deemed to be

         acceptance of the Proposal pursuant to these Terms and

         Conditions.

 

4)     PRICE AND PAYMENT

4.1    The price for the Goods and Services is as specified in the

         Proposal and is inclusive of VAT and any applicable charges

         outlined in the Proposal.

4.2    Payment of the price shall be in the manner specified in the

         Proposal.

4.3    If the Customer fails to make any payment within the agreed

         credit period, the Supplier shall be entitled to charge interest

         at the rate of 15% per annum on the outstanding amounts.

 

5)     DELIVERY

5.1    The date of delivery specified by the Supplier is an estimate

         only. Time for delivery shall not be of the essence of the

         contract and the Supplier shall not be liable for any loss,

         costs, damages, charges or expenses caused directly or

         indirectly by any delay in the delivery of the Goods.

5.2     All risk in the Goods shall pass to the Customer upon delivery.

 

6)      TITLE

         Title in the Goods or Services shall not pass to the Customer

         until the Supplier has been paid in full for the Goods or

         Services.

 

7)      CUSTOMER'S OBLIGATIONS

         To enable the Supplier to perform its obligations the

         Customer shall:

7.1    Co-operate with the Supplier.

7.2    Provide the Supplier with any information reasonably required

         by the Supplier.

7.3    Obtain all necessary permissions, licenses and consents which

         may be required before the commencement of the services,

         the cost of which shall be the sole responsibility of the

         Customer.

7.4     Comply with such other requirements as may be set out in the

         Proposal or or otherwise agreed between the parties.

8)     SUPPLIER'S OBLIGATIONS

8.1    The Supplier warrants that the Goods will at the time of

         delivery correspond to the description given by the Supplier.

8.2    The Supplier shall perform the Services with reasonable skill

         and care and to a reasonable standard in accordance with

         recognised standards and codes of practice.

8.3    The Supplier accepts all responsibility for the condition of

         tools and equipment used in the performance of the Services

         and shall ensure that any materials supplied shall be free of

         defects.

8.4    In addition to the Customer's statutory rights, the Supplier

         guarantees all Goods against faulty workmanship and

         materials for a period of 12 months from the date of delivery.

8.5    The Supplier provides the following guarantee(s) in relation to

         the Services carried out: None.

 

9)     CANCELLATIONS, FEES AND REFUNDS

9.1    Where the Goods are faulty or do not comply with any of the

         contract, the Customer must notify the Supplier within 7 days

         of delivery and the Customer shall be entitled to replacement

         Goods or a partial or full refund.

9.2    The Customer may cancel an Order by notifying the Supplier

         in writing at the address above, within 24 hours of placing an

         Order, or before costs have been incurred by the Supplier,

         and may then be eligible for a partial or full refund.

9.3    If the Customer fails to cancel the Order within the terms

         specified in Clause 9.2 any payment paid may not be

         returnable.

9.4    If the Customer wishes to cancel Ordered bespoke Goods

         or Services, for any reason, the Supplier reserves the right

         to charge a cancellation fee, in addition to any costs incurred,

         of a minimum 20% of the Order value.   

9.5    Any refund, partial or full offered to the Customer by the

         Supplier will be subject to any costs incurred by the Supplier

         in time spent, purchases made, work undertaken or in general

         administration of the Order.

 

10)   LIMITATION OF LIABILITY

10.1  The Supplier shall not be liable for any loss or damage

         suffered by the Customer howsoever caused, as a result

         of any negligence, breach of contract or otherwise in excess

         of the price for the Goods and Services.

10.2   The Supplier shall not be liable under any circumstances to

          the Customer or any third party for any indirect or

          consequential loss of profit, consequential or other economic

          loss suffered by the Customer howsoever caused, as a result

          of any negligence breach of contract, misrepresentation or

          otherwise.

10.3   For the avoidance of doubt, time shall not be of the essence

         and the Supplier shall incur no liability to the Customer in

         respect of any failure to complete the Services by any

         agreed completion date.

 

11)   FORCE MAJEURE

         Neither party shall be liable for any delay or failure to      

         perform any of its obligations if the delay or failure

         results from events or circumstances outside its

         reasonable control, including but not limited to acts of

         God, strikes, lock outs, accidents, war, fire, breakdown

         of plant or machinery or shortage or unavailability of

         raw materials from a natural source of supply, and

         the party shall be entitled to a reasonable extension

         of its obligations.

 

12)   SEVERANCE

         If any term or provision of these Terms and Conditions is held

         invalid, illegal or unenforceable for any reason by any court

         of competent jurisdiction such provision shall be severed and

         the remainder of the provisions hereof shall continue in full

         force and effect as if these Terms and Conditions had been

         agreed with the invalid, illegal or unenforceable provision

         eliminated.

 

13)   GOVERNING LAW

         These Terms and Conditions shall be governed by and

         construed in accordance with the law of England and the

         parties hereby submit to the exclusive jurisdiction of the

         English courts.

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