Terms & Conditions
Dyson Art Limited
In these Terms & Conditions the following terms shall have the following meanings.
Dyson Art Limited
Services / Products / Goods:
All Dyson Art products and services including FrameCreator online
Any customer of Dyson Art including users of its FrameCreator online service.
Any materials owned or controlled by the Customer, and to which the Services relate
The price as detailed on the written order form or job sheet or FrameCreator Quotation.
Any price quotation provided by Dyson Art (including via its FrameCreator service) in relation to Goods Products or Services
the legally binding agreement between the Company and the Customer based on the Quotation, the order and the Company’s acceptance of the same.
Quotations by the Company unless otherwise stated in them shall be open for acceptance within 30 days of the date on the Quotation.
a) The Customer is required to verbally or otherwise issue instruction to Dyson Art to provide the services that they require. Any orders received by Dyson Art will be confirmed in writing by the Customer before work commences, stating the specification details, completion dates and costs forservices.
b) Dyson Art will recommend (a suitable specification for Artworks taking into account the General Product Safety Regulations 2005.
c) Where the Customer decides to bypass the recommendation with insistence their preferred specification be applied, the Customer without exception makes declaration and acknowledges Dyson Art is not liable under any circumstances for any costs, claims, injury, damages, losses or loss of profit incurred by the Customer or other party in any event. The Customer undertakes to indemnify Dyson Art and keep them indemnified hereby at all times from any such claims, on submission of their Artworks for treatment.
d) Dyson Art reserves the right to alter completion dates for work where delivery of artwork to the Company occurs later than previously advised by the Customer.
e) Where the Customer increases the quantity of works or requests additional services, other than those previously agreed, Dyson Art will endeavor to meet the request dependent on other commitments once written confirmation is received (subject always to revised Quotations). Dyson Art shall not be liable for any additional works that are not completed in time for the original dispatch date requested.
3. ORDER CHANGES, VARIANCE OR CANCELLATION
a) The Customer shall be required to provide Dyson Art written notice of any changes, variance or cancellation they may wish to make in connection to an order that has already been placed with the Company.
b) Dyson Art reserves the right to issue amendment / variance / cancellation charges without any prior notice or limitation in accordance with the change of instruction, should the Company incur additional expenses or have committed additional funding to the project prior to any notice being received.
4. SPECIFICATIONS, DOCUMENTS, DRAWINGS AND MATERIALS.
a) The Customer shall be responsible for any errors or omissions in any drawings, measurements, calculations or particulars supplied by them whether verbally or in writing and whether or not such information has been approved by the Company.
b) Dyson Art shall not be liable for any errors or omissions made by the Customer within any order or in any other documents, or in the dimensions of Customer’s self-supplied materials, or in the Customer’s use of the FrameCreator service.
d) Any loss, costs or expenses suffered by Dyson Art due to Customer error, omissions or selfsupplied material defects will be payable by the Customer.
e) Any Customer using the FrameCreator service may be provided with screenshots, simulations, quotes, specifications, and other materials (the “FrameCreator Materials”). The FrameCreator Materials contain Company’s design rights, copyrights, trade secrets and other proprietary rights which shall remain the intellectual property of the Company and which are made available to the Customer for the sole purpose of the Customer reviewing the Quotation. The Customer agrees not to use any of the FrameCreator Materials to solicit third party quotations and/or services.
5. PRICE AND PAYMENT TERMS
a) Non-account Customers undertake to make full payment to Dyson Art for works completed at the Price agreed, prior to collection or delivery of goods on issue of our invoice. All non-account orders will be subject to a 50% deposit, payable before works commence.
b) Credit account Customers undertake to make full payment to Dyson Art for works completed at the Price agreed under their terms of credit as arranged, at the date of the invoice.
c) Dyson Art reserves the right to adjust the Prices if the Customer makes any alterations to the original agreed order, specification, materials design of any kind arising for any reason after the date of the order.
d) Dyson Art reserves the right to charge interest on a daily basis in all cases of overdue payments at a rate of 6%. In the event Dyson Art releases works prior to payment at their discretion, the interest charge on overdue payment will still apply.
e) Dyson Art reserves the right to charge all overdue payments at 3% on a daily basis in addition to the above, if it transpires that we also need to keep storage of completed Artworks on the premises without prior arrangement.
f) Where the Customer fails to collect completed Artworks following written notification from the Company of availability of the goods, Dyson Art reserves the right to charge costs for storage irrespective of whether the service has been paid prior.
g) Should works be uncollected and the service remains unpaid for by the Customer for a period exceeding six months, Dyson Art will assume the permanent title and ownership of the artwork. The Company will then seek to recover costs incurred by the possible resale of the item(s)
h) With regard to Artworks delivered to Company’s premises for Quotation purposes, in the event that Company’s Quotation has not been accepted by the Customer after 30 days of issue, reasonable daily storage charges will start to be levied after a further 14 days has passed, until such time that the work has been collected. Storage charges must be paid in full before collection.
6. RISK, DELIVERY AND PERFORMANCE
a) The Artworks are delivered to the Customer when the Company makes them available to the Customer or any agent of the Customer or any carrier (who shall be the Customer’s agent whoever pays its charges) at the Company’s premises or other delivery point agreed by the Company.
b) Risk in the Artworks passes to the Customer when they are delivered in accordance with clause.
c) The Company may at its discretion deliver the Artworks by instalments by any sequence.
d) Where the Artworks are collected by instalments, no default or failure by the Company in respect of any one or more instalments shall vitiate the Contract in respect of the Artworks previously delivered or undelivered Artworks.
e) Any dates quoted by the Company for the delivery of the Artworks are approximate only and shall not form part of the Contract between the Company and the Customer
f) If the Customer fails: to take delivery of the Artworks or any part of them on the due date; or fails to provide any instructions or documents required to enable the Artworks to be delivered on the due date, the Company may on giving written notice to the Customer store or arrange for the storage of the Artworks, and on the service of the notice:
i) Delivery of the Artworks shall be deemed to have taken place; and
iii) The Customer shall pay to the Company all costs and expenses including storage, any redelivery and insurance charges arising from Customer’s failure.
g) The Company shall not be liable for any penalty, loss, injury, damages or expense arising from any delay or failure in delivery or performance from any cause at all nor shall any such delay or failure entitle the Customer to refuse to accept any delivery or performance of or repudiate the Contract.
a) Dyson Art makes no warranty for defect, failure, error or deficiency of works, services or materials, which may arise from the supply of Artworks, or materials by the Customer.
b) Dyson Art makes no warranty for defect, failure, error or deficiency of works, services or materials provided if not reported to us within 24 hours of receipt by the Customer.
c) Where organic products form or comprise part formation of materials supplied by Dyson Art, the Company makes no warranty against natural changes or imperfections occurring in these items or Artworks that are subsequently attached.
a) Artworks are covered by Company’s insurance policy solely in respect of accidental damage up to a maximum of £5000. The Customer should ensure that adequate insurance is in place to all, at all times to cover their submitted Artworks.
b) If the Customer and the Company agree that any goods services or products supplied to the Customer do not comply with their description, the Company shall at its option, replace the goods products or services or credit the Customer for any sums paid (or a reasonable portion thereof where the deficiency is minimal). Where the Company is liable in accordance with this condition in respect of only some or part of the Artworks the Contract shall remain in full force and effect in respect of other parts of the Artworks and no set-off for other claims shall be made by the Customer against or in respect of such other or other parts of the Artworks.
c) In the unlikely event that Artworks are damaged by the proven fault or negligence of the Company under no circumstances shall the liability of the Company to the Customer, under the Contract and/or under these terms and conditions and/or otherwise, exceed the reprint value of the Artworks. Dyson Art shall have no liability under any circumstances for any other costs, claims, damages, losses or loss of profit incurred by the Customer or any third party. The Customer undertakes to indemnify Dyson Art and keep them indemnified hereby at all times from any such claims, on submission of their Artworks.
9. FORCE MAJEURE
Dyson Art shall not be liable for any failure in the performance of any of their obligations under these Terms & Conditions and/or under the Contract caused by factors outside of their control.
10. TERMINATION OF AGREEMENT
a) Dyson Art reserves the right to terminate or suspend provision of their services if the Customer fails, or the Company is of the belief that the Customer will fail, to meet their obligations as specified in these terms and conditions.
b) In the event of termination all monies owed to Dyson Art will immediately become due and payable.
11. LAW AND INTERPRETATION
These Terms & Conditions shall be governed by English Law and the Customer consents to the exclusive jurisdiction of the English courts in all matters regarding it except to the extent that the Company involves the jurisdiction of the courts of any other country.