Pixar
Limited - Terms and Conditions of Trading
Definitions
In these conditions “the Customer” means the person, firm
or company who commissions the services of Pixar Limited. By commissioning
Pixar Limited to undertake work “the project” on their behalf,
the Customer agrees that these Terms and Conditions of Trading define
our working relationship. All projects, services or goods that Pixar
Limited may be contracted to produce or provide for the Customer will
be subject to the following:
Fees
For each project, the Customer will receive an estimate outlining the
project specifications and estimated fees for our time based on our current
hourly rate and, where appropriate, any goods and professional services
commissioned by us in order to complete the project. We will begin work
upon the Customer’s written or oral approval of the estimate and
this will constitute an agreement between us. The Customer agrees to
pay Pixar Limited in accordance with the terms specified in each proposal/estimate.
Estimates are valid for only 30 days from the date on the estimate and
Pixar Limited reserves the right to adjust the quote once this period
has passed.
If Pixar Limited spend more time on a project than originally quoted
due to our miscalculation, then there will be no extra charge to the
Customer. If at any time during the design process the Customer wishes
to cancel, they may do so but will be invoiced an amount that Pixar judges
to be proportional to the amount of work completed on the project.
All prices quoted are exclusive of VAT which are added at the current
rate, and delivery.
Payment
Unless otherwise agreed in writing by Pixar Limited all Customers that
have not submitted a credit application and been approved by our accounts
department will be required to pay 50% of the project cost before work
can begin and all subsequent balances due are payable upon artwork approval.
All credit accounts shall be paid up on or before the 30th day after
the date of the invoice. We reserve the right without notice to charge
interest on past due balances at the rate of 12% per annum or 1% per
month. We
reserve the right to refuse completion or delivery of work until past
due balances are paid. The Customer shall pay Pixar Limited’s costs,
charges and expenses directly or indirectly incurred in obtaining or
otherwise enforcing payment of outstanding accounts.
Accounts
We are happy to set up a 30 day account. To open such an account
you would be required to complete an account application form and supply
at least 2 credit references from suppliers prior to an account being
opened.
Revisions and alterations
New work requested by the Customer and performed by Pixar Limited after
a proposal/estimate has been approved is considered a revision or alteration.
If the job changes to an extent that substantially alters the specifications
described in the original estimate, we will submit a revised proposal/estimate
to you, and a revised additional fee must be agreed to by both parties
before further work proceeds. Author’s
alterations and other copy changes requested after layouts or mechanicals
are completed are billed at our standard hourly rates. Pixar Limited
will endeavour to meet the specifications outlined in the brief and produce
a wholly acceptable project. If in the unlikely event this is not acceptable
to the Customer, work done up to that point will be chargeable or a re-design
charge as extra (if applicable).
Schedules
Estimates are based on a reasonable time schedule, and may be revised
to take into consideration your “Priority Scheduling” requests
requiring overtime and/or weekend working. Knowledge of your deadline(s)
is essential to provide an accurate estimate.
In addition, our suppliers may mark up their charges in respect of work
required in a hurry.
Exclusion of liability
Under no circumstances whatever shall Pixar Limited be liable for losses
special to the particular circumstances of the Customer, indirect or
consequential loss including loss of profits, damage to property or wasted
expenditure. Without prejudice to the other provisions of these conditions,
Pixar Limited’s liability shall not exceed the total of the contract
fees for the project. The fees for any project are based on the assumption
that the liability of Pixar Limited and Customer are as set out herein.
Nature of copy and property belonging to
others
The Customer agrees to exercise due diligence in its direction to us
regarding preparation of materials and must be able to substantiate all
claims and representations. The Customer is responsible for all trademark,
copyright and patent infringement clearances and is responsible for arranging,
prior to publication, any necessary legal, clearances, licenses, usage
or loyalty payments.
Errors and omissions
It is the Customer’s responsibility to check proofs carefully for
accuracy in all respects, including but not limited to prices, spelling,
dimensions and distances. Pixar Limited is not liable for errors or omissions
and will also not be liable for any additional production costs incurred
where an error has been missed by the Customer. The Customer’s
signature or that of his authorised representative is required on all
proofs or artwork prior to release for printing or other implementation.
Over runs and under runs
Some printers’ terms enable them to deliver over or under the quantity
ordered and to charge accordingly. In such cases the Customer will accept
over runs or under runs that do not exceed +/- 10% of the quantity ordered.
Property
and suppliers performance
Pixar Limited will take all reasonable precautions to safeguard property
entrusted to us. In the absence of negligence on our part, however, we
are not responsible for loss, destruction or damage or unauthorised use
by others of such property. We will use our best efforts to ensure quality
and timely delivery of all printed matter. Although we may use our best
efforts to guard against any loss arising from the failure of our suppliers,
media, or others to perform in accordance with their commitments, Pixar
Limited is not responsible for failure on their part. We cannot in any
way be held responsible for quality, price, performance or delivery of
materials made or supplied by others where the work has been placed directly
by the Customer or his agents.
Lien
All materials or property belonging to the Customer, as well as work
performed, may be retained as security until all just claims against
Pixar Limited are satisfied.
Rights of ownership
Once a project has been delivered by us and is fully paid for by the
Customer, Pixar Limited will assign the reproduction rights of the design
for the use(s) described in the proposal. According to copyright law,
the rights to all design and artwork, including but not limited to photography,
music and or illustration created by independent photographers, artists
or illustrators retained by Pixar Limited, or purchased from a stock
agency on behalf of the Customer, remain with the individual designer,
artist, photographer or illustrator. Unless a purchase of “All
Rights” (a Buyout) is negotiated on behalf of Pixar Limited, you
may not use or reproduce the design, work or the property therein for
a purpose other than the one(s) originally stipulated. If you wish to
use the design we have created and/or the images within it for another
purpose or project, including a reprint or exhibition, you must contact
us to arrange the transfer of rights and the payment of any additional
fees before proceeding. Master artwork including roughs, visuals, mock-ups
and presentations is the property of Pixar Limited and will not be released
or copied for the Client or any third party to use in any way whatsoever
without prior written agreement by a director of Pixar Limited. We reserve
the right to photograph and/or distribute or publish for our firm’s
promotional and marketing needs any work we create for you, including
roughs, visuals, mock-ups and presentations, as samples for our portfolio,
newsletter, brochures, presentations and website and for entry for awards.
We will endeavour to store files on computer disks for a period of 6
months beyond the delivery of a job. Thereupon, we reserve the right
to discard them without notice.
Limitation
The Customer will indemnify and hold Pixar Limited harmless for any loss
or expense (including legal fees), and agree to defend Pixar Limited
in any actual lawsuit, claim or action arising in any way from our
working relationship. This includes, but is not limited to claims
made against the Customer and any of its products and services arising
from the publication of materials that we prepare and the customer
approves before publication.
Force majeure
Production schedules, storage of files and property belonging to the
Client will be established and adhered to by both Customer and Pixar
Limited, provided that neither shall incur any liability, penalty or
additional cost due to delays caused by a state of war, riot, civil disorder,
fire, industrial dispute or strike, accidents, energy failure, equipment
breakdown, delays in shipment by suppliers or carriers, action of government
or civil authority, and acts of God or other causes beyond the control
of the Customer or Pixar Limited. Where production schedules are not
adhered to by the Customer, final delivery date or dates will be adjusted
accordingly.
Customer Details
Customer details will not be passed on to any third party. We may however
like to contact you to keep you informed of new developments within our
own service, new products and ideas. If you do not want this service
then please contact us.
Security
We will not allow any third party access to your information at any point
in time.
All credit card information is destroyed after use.
Privacy
1. Spam - In accordance with the Electronics Information
Act, December 2003, we do not send random marketing
emails to personal email addresses
(spam). We may contact you regarding your enquiry within 12 months
of your initial contact.
2. Cookies - We do not use cookies.
3. Data Protection Act - We conform with the Data Protection Act, 1998.
General
The validity and enforceability of this agreement
will be interpreted in accordance with the
laws of Scotland but Pixar Limited reserves
the
right to bring proceedings in connection with this contract in any
other court of competent jurisdiction. Failure
by Pixar Limited to enforce
any of these conditions shall not be construed as a waiver of that
condition or any other condition.
The
above terms and conditions do not affect the statutory
rights of the Customer.
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