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1 Ruling Terms and Conditions - The placing of an order expresses acceptance of our terms of business. The following conditions apply to and are deemed to be incorporated in all contracts for the sale and supply of services and materials supplied by McAlpine Graphics. They specifically exclude the terms and conditions proffered by the Client.
2 Quotation – unless otherwise stated, a quotation is open for acceptance for a period not exceeding 30 days from the date of the supply of the quotation. Further, the price will be subject to confirmation on receipt of order from the Client if the final contract specification and pricing assumptions have been changed from those requested by the Client at the time of the quotation.
3 Contract Performance - Any variations to the agreed performance of the contract, as outlined in our quotation and associated visual(s), by factors beyond the control of McAlpine Graphics that generate additional costs for McAlpine Graphics, these additional costs will be recharged to the Client by way of a Variations Invoice.
4 Invoicing - The invoice tax point will normally be the date of supply of the graphics or of the completion of fitting the vehicle graphics (applications) if this latter service is part of the contract. However where fitting is delayed by more than 30 days by causes beyond the control of McAlpine Graphics, the invoice will be reduced to exclude the fitting charges. The tax point of such an invoice will be at the date of completion of manufacture. Under these circumstances applications will then be invoiced and be payable under this contract in the month they are individually completed.
5 Delay – Orders are completed as quickly as possible by McAlpine Graphics and with as much care and attention as possible. In the unlikely event of a delay beyond the control of McAlpine Graphics, McAlpine Graphics will not be liable for any damages and the Client does not have the right to cancel all or any part of the order.
6 Tax – Tax is additional unless otherwise stated.
7 Carriage – Unless specified in the quotation, carriage will be charged at the prevailing rate, details of which are available on request.
8 Claims – Any goods rejected as not complying with the agreed performance specification must be rejected, in writing, within 7 days of receipt by the Client, accompanied by the enclosed delivery documents. In the case of a quality complaint relating to goods, they must either be inspected by an authorised agent of McAlpine Graphics or returned to McAlpine Graphics before any claim can be considered.
9 Dispatch – Where goods are damaged or lost in the custody of a carrier, McAlpine Graphics will, at its sole option, either replace such goods or refund to the Client the cost price of the same, but in no circumstances shall McAlpine Graphics’s liability exceed the cost of replacement of the same or the price paid by the Client for the same. McAlpine Graphics must be notified immediately if delivery is not effected within 3 days of receipt of invoice.
10 Material Specification – Unless the Client requests materials using a manufacturer’s reference, McAlpine Graphics will be the final arbiter as to the most suitable material consistent with the description in the quotation.
11 Reserved Ownership – McAlpine Graphics retains title to the goods until they are paid in full. McAlpine Graphics may enter the Client’s premises or other locations and recover the goods, which are the property of McAlpine Graphics by virtue of this clause.
12 Payment Terms – Unless otherwise agreed to and confirmed in writing by McAlpine Graphics, payment for goods and services shall be within 30 days from the tax date of the invoice issued by McAlpine Graphics.
13 Intellectual Property – All designs, origination and digital files produced or created by McAlpine Graphics, notwithstanding any charge made for them, shall remain the property of McAlpine Graphics. These must not be used or supplied to any 3rd party without the express written permission of McAlpine Graphics. McAlpine Graphics will retain inactive items in its library for a minimum of 2 years after which, at the sole discretion of McAlpine Graphics, they may be disposed of without liability to the Client.
SIGNAGE AND VEHICLE GRAPHICS
14 Design Layouts – Where McAlpine Graphics produces a scaled design layout for the purposes of reaching agreement on the job specification, our normal manufacturing and positioning tolerances will be 1mm multiplied by the scaling factor used on the visual. Please note that letter spacing, letter shape, colour and other graphic dynamics are only accurate to the size and print quality of the visual and can only be seen as best estimates of the job. On request, a full scale drafting on paper and colour samples can be supplied for Clients that require tighter tolerances over the graphics specification.
15 Application of Vehicle Graphics –
All quotes for application are based on the following:
a) The vehicles have been cleaned on the day prior to
application, have been allowed to dry and are on site.
b) Newly painted vehicles have been cured for at least 96 hours.
c) The application will take place in a working area that is covered and protected from wind and rain, is well lit and offers all round access.
d) The vehicle’s temperature and the ambient temperature must exceed the vinyl manufacturers’ minimum recommended application temperature. This is usually 8°c.
If any of these conditions are not met an additional labour charge may be made and can also result in our warranty being void. Where application is carried out at a 3rd party’s site, the Client must ensure that the 3rd party complies with these quality requirements. If any of these conditions are likely to cause difficulty, the Client is asked to contact us prior to the work commencing.
1 Provision of Services
1.1 McAlpine Graphics will provide you with the services set out in our website design contract which must be agreed to in writing by you or a member of your organisation. Only those services mentioned will be provided by McAlpine Graphics and any amendments, add ons or schedule changes must be agreed to in writing. This and the following clauses are the general terms and conditions on which those services are supplied and together with the Website design contract form the total agreement between us.
2 Costs and Payments
2.1 You must pay all charges as set out in the website design contract. As prices quoted on McAlpine Graphics material may change at any time without notice, please check the price on your website design contract before confirmation. Cost estimates are only valid for a period of 30 days.
2.2 You will remain liable for all fees during any period when services have been discontinued or suspended due to a failure on your part to comply with these terms and conditions.
2.3 You will be invoiced as agreed in your purchase order. All accounts are payable before delivery of final artwork or uploading of final files to live sites.
2.4 Customers with credit accounts are liable to pay overdue interest at 1% per week on any amounts not paid within the terms agreed on contract. All intellectual property rights remain with McAlpine Graphics until payment in full. If full payment is not received within the terms of our agreement we reserve the right to suspend services. Reinsatement of services will incur a service charge of £50 + VAT.
2.5 You must pay McAlpine Graphics charges without any set off, counter claim or deduction unless same is agreed in writing between us.
2.6 McAlpine Graphics reserves the right to prioritise early paying clients and to charge urgency fees for turnaround within 3 working days.
2.7 Agreed costing is conditional on you supplying data required for a website stage or completion deadline agreed within 10 working days of confirmation of order. McAlpine Graphics reserves the right to revise costings if that condition is not met in line with charges applying at the relevant time.
2.8 No final artwork or files will be delivered until final invoices are paid in full. Payment by cheque will entail waiting for clearance before supply of files. Delivery being: Supply of final artwork digital files to printer, on disk, via email or uploaded to nominated ISP. Construction files remain the property of McAlpine Graphics unless arranged otherwise.
2.9 Printer or ISP Liaison is charged at our current rate per hour of £40.
3 Limitation of Liability
3.1 All terms conditions, warranties, undertakings inducements and representations, whether express or implied, statutory or otherwise relating to the provision of services by McAlpine Graphics not contained in the Agreement are excluded and McAlpine Graphics WILL NOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL LOSS OR DAMAGE) HOWEVER CAUSED (WHETHER BY NEGLIGENCE OR OTHERWISE) WHICH MAY BE SUFFERED OR INCURRED OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY with respect to the service.
3.2 Where any applicable legislation implies any term, condition or warranty into the Agreement or in respect of McAlpine Graphics's relationship with you, or otherwise gives you a particular remedy against McAlpine Graphics and the legislation or any other legislation renders void or prohibits provisions excluding or modifying the application of, exercise of, or liability under such implied term, condition, warranty or remedy will be deemed to be included in the Agreement or as the case may require apply to the relationship between McAlpine Graphics and you. However, McAlpine Graphics's liability for any such breach of such implied term, condition or warranty or under such remedy, will be limited, at McAlpine Graphics's option, in any one or more of the ways permitted in that legislation, including, where so permitted if the breach relates to services the supplying of those services again or the payment of the cost of having those services supplied again.
3.3 You acknowledge that web sites cannot be guaranteed to be 100% error free in construction and acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate this agreement.
4 Suspension of Services
4.1 McAlpine Graphics reserves the right to suspend services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us websites may be taken down until payment is confirmed.
4.2 McAlpine Graphics may from time to time and without notice or liability to you suspend any of the services if the reason for doing same is an event beyond the reasonable control of McAlpine Graphics.
5.1 McAlpine Graphics may discontinue services if an amount payable to McAlpine Graphics is overdue or take down a website permanently in any case where an amount payable is overdue by more than 30 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties.
5.2 It is your responsibility to notify McAlpine Graphics in writing at least 30 days before the renewal date of any hosting or domain registration services you wish to discontinue. Payment in full will be required otherwise.
5.3 We will transfer any domain names relating to you on termination of your contract with us for a small administrative fee of £30 + VAT per domain. Should you not request in writing for your domain name to be transferred to you at the end of your contract term then it will be allowed to expire.
5.4 If you change your mind and you do wish to renew your domain name and continue your services with us, you will have all the way up until 90 days after the domain has expired to contact us to renew your domain name and continue your services with us.
5.5 View the Terms & Conditions of Nominet (the official .uk Domain Name Registry).
6 Contents of Web Pages and Undertaking
6.1 You will be solely responsible for the content of your Web Page/undertakings. McAlpine Graphics is not responsible for proof reading any content unless specifically agreed.
6.2 McAlpine Graphics makes no representations to you concerning the content or functionality of your Web Site. This is your responsibility to ensure that it meets your requirements.
6.3 If you provide McAlpine Graphics with goods, material, photographs, film, data or information to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify McAlpine Graphics against any action taken against McAlpine Graphics by any such third party.
6.4 Without limiting the generality of the foregoing, you agree not to infringe the copyright trademark, privacy or personal or proprietary rights of third parties, supply libelous, abusive, obscene material or disparage the products or services of any third party.
6.5 McAlpine Graphics for its part hereby undertakes not to knowingly infringe the rights of third parties in activities conducted on your behalf.
6.6 You are solely responsible for dealing with persons who access your data or webpage and warrant that you will not refer complaints or inquiries in relation to such data to us.
7 Technical Support, Changes and Maintenance
7.1 Technical assistance via telephone or email will be offered extensive queries taking more than 15 minutes to deal with or site maintenance will be charged at hourly rates, currently £40 + VAT.
8 Web Hosting
8.1 If you choose to organise your web hosting arrangements yourself, final exported sites will be uploaded to your preferred host company or supplied on disk to you at the cost agreed in the Website design contract. Construction files of the site can be supplied on request at the Fees set out in the Website design contract.
8.2 Please note that McAlpine Graphics accepts no responsibility for delays or down time, breakdowns or data loss caused by Internet Service Providers (ISPs).
9 Dispute Resolution
9.1 The parties agree that if any dispute should arise under this agreement, attempts in good faith by both parties will be made to resolve the matter fairly before resorting to court procedures. In doing so, each party agrees to use its best endeavour to:
- Clearly communicate in writing the background facts leading to or causing the dispute
- Set out clearly what action is required to settle the dispute
- Select a way of resolving the dispute and explain why that way of resolving the dispute can be said to be a fair resolution
- Discuss specific means of avoiding such disputes in the future.
9.2 Attempts to resolve the dispute must follow the following procedure:
a) The person complaining shall set out in writing the background, the issues and the outcome desired.
b) The person to whom the complaint is addressed will reply in writing within 10 business days to each issue in dispute setting out its perspective on the issue and the outcome desired.
c) If the dispute is not resolved in accordance with this exchange of written issues and outcomes, then the complainant will raise the matter with a neutral professional adviser or Alternative Dispute Resolution (ADR) provider listed in a relevant publication of the Department of Workplace Relations and Small Business or similar government department within 10 business days.
d) If the dispute is not resolved in accordance with such reference, the matter shall be referred to a single agreed arbitrator within 10 business days; whose decision shall be final.
e) In the case of disagreement on the appointment of a single arbitrator, then the parties shall be entitled to nominate one independent arbitrator with 7 days of disagreement and a coin will be tossed by an independent person to decide which will act as arbitrator of the dispute.
f) Action taken to settle the dispute at each stage must be undertaken promptly and the parties shall equally share the costs associated with the dispute settlement procedure.
10 Intellectual Property
10.1 All creation files remain the property of McAlpine Graphics.
10.2 McAlpine Graphics retains the Copyright in and the right to use all artwork created in advancing the profile of McAlpine Graphics and to be recognised for artwork created by McAlpine Graphics.
10.3 McAlpine Graphics shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute any item from your Web Page unless specifically agreed otherwise. Further, McAlpine Graphics shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.
10.4 McAlpine Graphics observes Privacy Laws and Guidelines relating to personal data.
11.1 If any of these terms and conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of the Agreement between us. The remaining terms and conditions remain in full force and effect.
11.2 Written communications between us may take the form of letters, formal documents or emails.
11.3 McAlpine Graphics may require a personal guarantee from the Director of a company in cases where files/artwork is required before payment.