TERMS & CONDITIONS
These terms and conditions apply to all orders and supersede all others. Receipt of order confirmation from you, constitutes your acceptance that our conditions apply to the contract notwithstanding any purported terms put forward by you.
Payment is required before any order is processed unless credit facilities have been approved with us in advance of the order. Payment on pre-approved credit accounts shall be made in full within 30 days of invoice. These terms apply unless special settlement terms have been agreed by us in writing. Credit facilities may be withdrawn without notice.
Any discounts are offered on the strict understanding that accounts are paid by the due date. We reserve the rights to invoice any such discounts to accounts, which become overdue.
CLAUSE 4 - PASSING OF TITLE AND RISK
4.1 The risk in the goods shall pass to you on delivery.
4.2 All goods, delivered or not, remain our property until payment is received in full.
4.3 Until such time as payment in full is made you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property and any payment received by you for any sale of such goods must be held in a separate account in trust for us. In the event of non-payment by you for such goods we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance with these conditions and we shall be entitled to enter upon the property where the goods are stored and repossess and remove the same. You hereby grant us irrevocable licence to enter your premises for the said purposes.
CLAUSE 5 - PRODUCTS AND PRICES
We reserve the right to alter any prices or detail or design of products illustrated without notice and while every effort is made to describe goods accurately in the catalogues and website no warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss. Where applicable all prices quoted are subject to VAT at the current rate unless stated specifically otherwise.
CLAUSE 6 - QUOTATIONS AND CONTRACTS
Orders are accepted subject to our right to adjust prices quoted to take account of any charges in the law or government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today's current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation or accepted contract, we shall be entitled to charge such increases to you. E & OE.
CLAUSE 7 - PRICES
Where applicable all prices quoted are subject to VAT at the current rate unless stated specifically otherwise.
CLAUSE 8 - DELIVERY
8.1 Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the prevailing rates applying at the dates of such delivery.
CLAUSE 9 – MONITOR DISPLAY DIFFERENCES
9.1 Finished prints cannot show the same luminescence or colours to match what is seen on individual monitors. We use calibrated monitors and International Color Consortium (ICC) colour profiles for each print paper used to normalize each print produced. Orders are accepted on this basis only.
CLAUSE 10 - CLAIMS
10.1 Claims arising from damages or partial loss in transit must be made in writing to us, so as to reach us within 7 days of delivery.
10.2 All claims with regard to the quality or quantity of the goods shall be made in writing to us so as to reach is with 7 days of receipt of goods or such goods shall be deemed to comply as to quality and quantity with the terms of contract.
10.3 You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted in the delivery note at the time of delivery.
CLAUSE 11 - LIABILITY
11.1 Save in so far as defects in the goods cause to death, injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the good.
11.2 We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedure set out in clause 10.
11.3 Nothing in these terms and conditions shall affect the statutory rights of the consumer.
CLAUSE 12 - CANCELLATION CHARGES
A charge will be made on all cancelled orders, together with the charge for all work carried out up to the date of written cancellation.
CLAUSE 13 - SAMPLES
Samples can be ordered on request and dispatched on payment for the sample and delivery.
CLAUSE 14 - OVERDUE ACCOUNTS
14.1 No goods will be delivered on accounts which remain unpaid 14 days after payment is due. Invoices not paid by the due date may be charged interest at 2% per month calculated on a daily basis until payment has received and cleared into our bank account. This does not prevent us from pursuing payment of overdue accounts at any time after payment becomes due and shall be in addition to and without prejudice to any other rights we may have against you.
14.2 We reserve the right to charge you for any legal collection charges where it is necessary to obtain payment from you of an overdue account through a third party or Court proceedings.
CLAUSE 15 - QUANTITY CHANGES TO ORDER
Any change in the quantity of an order must be made in writing to us prior to commencement of processing. Any increase in the order must be regarded as a separate contract unless written notification is received before work commences on the original order.
CLAUSE 16 - ARTWORK AND PRINTING
16.1 All bespoke artwork and printing charges will be levied where necessary unless previously stipulated by us.
CLAUSE 17 - FORCE MAJEURE
We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising or any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.
CLAUSE 18 - MONITORING OF TELEPHONE CALLS
CLAUSE 19 – THE BUSINESS
Ian Badley Photography, PhotoSailing.co.uk, Ian Badley Prints and Pictures are operating names of the encompassing company of IBR Business Solutions Limited. Registered no. 03842719 in the UK.