Terms & Conditions For Supply Of Goods

    Formation Of Contract
    The contract between the Supplier and the Client comprises the Confirmation of Order (‘Order’) signed by the Supplier and these Terms & Conditions. Any other terms proposed by the Client are excluded.

    Price, Payment & Variations
    A purchase order number must be provided by the client prior to any work being carried out by Candlestick Creative (hereon known as ‘the Supplier’). Payment is due within 14 days of the date of each invoice unless other terms are set out in the Order.
    Where the Services include supply of materials or labour, the Supplier may vary the agreed price to take account of any increased costs. If the Supplier accepts a request to vary the Services the price and times in the Order will be adjusted by the Supplier as appropriate and the changes notified to the Client. The Supplier may decline to carry out any requested variation. The Supplier reserves the right to charge interest on any overdue payment in accordance with the Late Payment of Commercial Debts (Interest) Act. Late payments will be charged at 5% over the current Bank of England base rate. Also, the Supplier will be entitled to cancel unfulfilled Orders and/or suspend the Services if any payment is not made on the due date by the Client.

    Duration
    Dates for commencement and completion of the Services given by the Supplier are given in good faith but, unless stated in the Order, dates are not guaranteed and the Supplier will not be liable for any delay in commencement or completion of the Services.
    Where the Services include installation or other work at premises owned or designated by the Client, the Supplier will give adequate notice of the date when the Supplier requires access. The Client will provide access on the specified dates and any facilities (power, water, welfare facilities etc.) as reasonably required by the Supplier. The Client will also provide any pertinent health and safety information regarding the site or premises that effects the supplier or their staff.

    Property And Risk
    When the Services include the supply of goods or materials, the risk of loss or damage passes to the Client upon completion but, where Services are performed on the Client’s premises, the risk of loss or damage to goods and materials, except when caused by the Supplier, rests with the Client who should insure the risks at his expense. Ownership in the goods and materials will remain with the Supplier until payment in full of all amounts due from the Client have been received by the Supplier.

    Warranty & Liability
    The Supplier will exercise reasonable skill and care in the supply of the Services.
    Any defect must be notified promptly and in any event within 7 days of the Client becoming aware of the defect. When the Supplier accepts that the defect is the Supplier’s responsibility, the Supplier will have the option to remedy the defective Services (when this is feasible). Under no circumstances will the Supplier’s liability to the Client exceed a sum equal to the total price payable for the relevant Services nor will it extend to any loss of business or profit or any indirect loss incurred by the Client.
    Where the Services include the supply of goods or materials, the warranty given above will not apply to defects which are due to: fair wear and tear, accidental damage or failure by the Client to adhere to the Supplier’s recommendations; or to materials or goods included in the Services which have not been manufactured by the Supplier. All terms, conditions and warranties implied by law, trade use or otherwise (including but not limited to any warranties as to quality or fitness for purpose) are excluded to the extent permitted by law. The Client acknowledges that the only warranties are those given expressly by the Supplier in these Conditions.

    Force Majeure
    The Supplier will not have any liability to the Client if prevented from performing the contract on account of force majeure which includes, but is not limited to severe weather conditions, war, terrorism, strikes or difficulty in obtaining materials and labour. In any of these circumstances, the Supplier reserves the right to cancel or suspend the Services.

    Intellectual Property
    All designs and other intellectual property rights in Services are and will remain the sole property of the Supplier. Under no circumstances will the Client copy or make use of any of the Supplier’s intellectual property rights.

    Client Default
    If the Client (a) commits a breach of contract, or (b) fails to make a payment on the due date, or (c) becomes insolvent or has a receiver or liquidator appointed then, in any such case, the Supplier shall be entitled to end the contract and recover all the Supplier’s costs and losses including loss of profit up to the termination date.

    Cancellations
    The Client has the right to cancel the Contract at any point however, the Supplier shall reserve the right to charge, at the agreed rates, for any work undertaken up to that point. In the event of the Client cancelling any pre-booked supply of services at premises specified by the Client then the Supplier reserves the right to levy charges according to the scale set out in the table below:

    Cancellation Table

    Law & Disputes
    The contract between Supplier and Client is governed by English law. Any dispute which cannot be settled amicably will be referred to mediation at the request of either party. CEDR (the Centre for Effective Dispute Resolution) will arrange the mediation. Any dispute that is not settled will be resolved in the English courts.



    TERMS & CONDITIONS OF SALE (GOODS)

    Formation Of Contract
    The contract between the Seller and the Purchaser comprises the Confirmation of Order signed by the Seller (the ‘Order’), or by receipt of a purchase order, and these Terms & Conditions. Any other terms proposed by the Purchaser are excluded.

    Price & Payment
    The Price and payment terms are set out in the Candlestick Creative Quote document. If payment terms are not set out in the Order, payment is due within 14 days of the date of each invoice unless otherwise agreed in writing.
    The Seller reserves the right to charge interest on any overdue payment at in accordance with the Late Payment of Commercial Debts (Interest) Act. Late payments will be charged at 5% over the current Bank of England base rate.

    Variations
    If the Purchaser wishes to change anything in the Order, the request must be made in writing or by e mail. The Seller will inform the Purchaser whether it is willing to agree to the change and, if so, what will be the impact on the price and delivery date. The Purchaser must notify the Seller in writing within 7 days if these changes are accepted and if so, the price and delivery date will be adjusted by the Seller. The Seller will not proceed with the change until this notice is received. A request to reduce the quantity of Products ordered will not result in a price reduction unless otherwise agreed in writing by the Seller.

    Delivery
    All delivery dates given by the Seller are given in good faith but dates are not guaranteed and the Seller will not be liable to the Purchaser for any delay in delivery.
    The Seller will notify the Purchaser when the Products are ready for delivery. Delivery will occur when the Purchaser collects (or arranges collection) of the Products from the Seller's premises, unless Candlestick Creative has been contracted to deliver the goods. If the Purchaser does not collect the Products within 7 days of the delivery date the Seller may charge a reasonable amount for storage pending collection by the Purchaser.

    Ownership & Risk
    The risk of loss or damage to the Products passes to the Purchaser upon delivery or 7 days after the Seller has notified the Purchaser that the Products are ready for collection at its premises if the Purchaser has not collected them by then, or if Candlestick Creative cannot deliver on agreed date due to the Purchaser not making the appropriate arrangements.
    Ownership in the Products will remain with the Seller until payment in full of all amounts due from the Purchaser have been received by the Seller.

    Warranty & Liability
    The Seller will exercise reasonable skill and care in the manufacture or preparation of Products (where applicable).
    Any defects should be notified within one month of delivery and the defective Product returned to the Seller at the Purchaser’s expense. When the Seller accepts that the defect is due to faulty workmanship or materials the Seller will have the option either to repair or replace the defective Product.
    The warranty given above will not apply to defects which are due to: fair wear and tear, accidental damage or failure by the Purchaser to adhere to the Seller’s recommendations.

    Force Majeure
    The Seller will not have any liability to the Buyer if prevented from performing the Contract on account of force majeure which includes, but is not limited to severe weather conditions, war, terrorism, strikes or difficulty in obtaining materials and labour. In any of these circumstances, the Seller reserves the right to cancel or delay the Order.

    Intellectual Property
    All designs and intellectual property rights in Products are and will remain the sole property of the Seller. Under no circumstances will the Purchaser copy or make use of any of the Seller’s designs and other intellectual property rights.

    Purchaser Default
    If the Purchaser (a) commits a breach of contract, or (b) fails to make a payment on the due date, or (c) becomes insolvent or has a receiver or liquidator appointed then, in any such case, the Seller shall be entitled to cancel the contract and repossess any Products for which payment has not been received in full.

    Law & Disputes
    The contract between Seller and Purchaser is governed by English law.
    Any dispute which cannot be settled amicably will be referred to mediation at the request of either party. CEDR (the Centre for Effective Dispute Resolution) will arrange the mediation. Any dispute that is not settled will be resolved in the English courts.



    Vehicle Graphics

    Condition of Vehicles
    The Client agrees to have all vehicles delivered for wrap installation at Client’s sole cost and expense, damage free, washed, and dried and in a ready to install condition. Neither Candlestick Creative nor its designated agents or subcontractors shall be responsible for any damage sustained to any vehicle prior to delivery. Any damage sustained to a vehicle prior to delivery will be noted by Candlestick Creative and/or its designated agents or subcontractors upon delivery and such damage may excuse and invalidate any warranty provided. Candlestick Creative shall have no obligation to install any wrap upon a damaged vehicle unless instructed by the Client to do so otherwise in which case the Client waives and releases Candlestick Creative from any warranty provided herein. If a vehicle is not delivered to the specified location in a washed, dried and ready to install condition, Candlestick Creative may charge at it’s discretion for the additional washing and preparation time and costs involved.

    Artwork
    Candlestick Creative is not responsible for errors in spelling, colour, or design in regards to any and all artwork submitted by the Client. It is assumed that all artwork submitted by the Client has been approved by the Client prior to submission and is production ready. All artwork created by Candlestick Creative will be submitted to the Client via a digital proof for approval. Prior to any printing all digital proofs must be approved by the Client. Upon approval, Candlestick Creative will not be held responsible for any errors or omissions in regards to spelling, colour or design.

    Appearance and Alterations
    The Client understands that the product purchased is a vehicle wrap. It is also understood that unlike a paint job on a vehicle, there can and will be seams and patches that are necessary to cover entire vehicle and its contours and irregularities. It is also understood that upon approval of final graphic proofs, some changes to the finalised artwork may be necessary at time of installation to allow the vehicle wrap to fit the vehicle’s shape. The Client authorises Candlestick Creative to make such necessary changes.

    Down Time and On-Site Installations
    In the event that an on-site installation is scheduled by the client, any and all down time will be charged at £25.00 per hour. All Client specified installations will be subject to approval based on location, weather, and availability. Any aspects of the Client’s installation location that do not meet Candlestick Creative’s warranty standards will be subject to a loss of warranty of product and installation. Client supplied materials have no warranty: All warranty materials must be covered by the supplying contractor and re-installation and or removal for replacement installation will be quote per project.

    Collection of Completed Vehicles
    The Client shall bear the sole cost and expense of collecting completed vehicles.
    The Client shall bear all risk of loss for any vehicle after completion of the wrap installation. Any vehicle not collected after completion will be subject to an additional charge and storage fees in the amount of £35.00 per day.

 


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