TERMS AND CONDITIONS OF SHOWTIME EXHIBITIONS LTD
1.In these conditions:-
“Client” means the person, firm or company placing the order overleaf.
“Company” means Showtime exhibitions ltd
2. Your confirmation of order overleaf will be taken as acceptance of the quotation to which it relates and the conditions outlined below.
3. Specifications, quotations, order acknowledgements, works timetables and delivery times are based upon information and/or drawings/originating material agreed or provided by the Client. Any delay in the supply of or inaccuracy in such information and/or material/drawings, or any variation or amendment or the unsuitability or sub standard nature of such material may involve increased costs and delays in delivery and completion dates for which the Client accepts full responsibility.
4. The prices on quotations are based on the costs of labour and/or materials then prevailing and may be subject to revision and increase or decrease in the event of any variation to these costs unless the contrary is specifically stated and the duration of any fixed price clearly stated in the quotation.
5. All orders including those for variations or extra works must be signed by the Client’s authorised representative. Unsigned orders will be deemed to be unauthorised and will not be proceeded with until signed.
6. The materials specified and the layout design drawings (agreed with the Client) referred to on quotations are based upon requirements likely to be accepted by Local or National Authorities but the Company reserves the right to make such modification as may be required by any such Authority.
7. The issuing of any variation or extra order acknowledgement shall be deemed to be an acceptance of the additional related costs, unless notice is received in writing to the contrary within three working days or before commencement of production or supply of materials, whichever is the earlier.
8. Only works specifically stated on quotations or extra order acknowledgements are included and on no account should additional works be assumed to be included, whether these have been requested or advised verbally or otherwise. Copy checking is not provided as standard and, unless it is specifically included within the quotation, copy checking and any loss suffered as a result of a failure to properly copy check is the sole responsibility of the Client. In the case of any discrepancy between any drawings and the quotation or extra order acknowledgement the quotation or order acknowledgement as the case may be shall prevail.
9. Quotations and order acknowledgements do not include costs involved in providing temporary lighting, power, water or gas supplies, cleaning and telephone services unless specifically stated.
10. Any specification, drawing, literature or particulars supplied by the Company are submitted in confidence for the use and information of the Client only, and are to remain the property of the Company and shall be returned to the Company on request. They shall not be used by the Client nor shall they be shown or their contents disclosed to any Third Party. All intellectual property rights in drawings, designs and bespoke or designed materials (if any) also remain the sole property of the Company at all times. The Company reserves the right at its sole discretion to use such materials in its own marketing material. All estimates/quotations are for a single usage/insertion only unless expressly stated to the contrary within the terms of the estimate/quotation and are restricted to the application as set out within the estimate/quotation. Additional copyright/licensing fees are payable for reprints and any change of application or circulation. All imagery/origination supplied by the client to Showtime exhibitions ltd is received in good faith and it is the client’s sole responsibility to ensure that approval has been sought and licenses paid for the use of the imagery and all liabilities in respect of future charges associated with infringement including but not restricted to Design, Artwork and Printing, are the sole responsibility of the client. Showtime exhibitions limited cannot guarantee the continued availability of any origination or imagery recommended to the client beyond the initial agreed period of usage and cannot be held liable for any charges associated with the selection/production of alternative imagery.
11. In the event of an order being cancelled, the client is responsible for any goods, design work, contract work, or expenses incurred by the Company up to the time of cancellation (including any special purchases made on the Client’s behalf, or any items which cannot in turn be cancelled with any supplier).
12. In the event the client materially changes the requirements or details outside the terms of the original brief making the submission of proposal or tender invalid or inappropriate the Company reserve the right to make a charge for work or expenses incurred by the Company in the generation of new proposals or a cancellation fee reflecting the work and expenses incurred in the preparation of the original proposal where a revised proposal cannot reasonably be submitted.
13. The client is made aware that all presentations/proposals where produced as a laser or inkjet colour-output which differs from the final method of production, represents an approximation of colour and clarity only. Showtime exhibitions limited advises the client that there will be a variation in finish between these processes and the finished print production. The client is further made aware that within commercial bounds the reproduction of colour, imagery and photography etc., cannot be guaranteed to match exactly, any previously produced work when placing a reprint order.
14. In the event of the Client confirming its wish that the Company tenders for any project either in writing and/or evidenced through regular dialogue and the Client deciding not to proceed with the project the Company reserves the right to charge a fee calculated by reference to the time spent by the Company’s employees preparing for such tender.
15. Payment terms are as stated in the quotation or where no terms are quoted payment shall be made in stages, 50% with order, 25% one week prior to commencement of installation and the balance due 14 days from date of final invoice. Extra works are not to be considered as part of the original contract and their progress does not affect payments falling due in accordance with the contract terms. Extra works will be placed on separate order and will be invoiced separately. All invoices relating to extra works are to be paid for in full on completion of said works. All quotations exclude VAT which will be charged in addition at the prevailing rate. The Company shall be entitled to charge interest on any sum paid late calculated on a daily basis at 6 % over the base rate of Barclays Bank Plc. All goods remain the property of Showtime exhibitions limited until such time as payment for the goods and services are received in full. And in these circumstances, the Company reserves the right to enter the Client or its supplier/agents premises to remove goods which have not been paid for in full. All prices are valid for 60 days from date of issue.
16. The Company excludes any liability for the following:
16.1 Any delay or loss suffered as a result of the Client using its specified Printers. In the event of the Client specifying Printers the Company reserves the right to require payment in full for its design works prior to releasing the artwork and origination to the Printers.
16.2 Any loss or damage claimed as a result of the Company’s breach of its obligations which was not a reasonably foreseeable loss or damage at the time of the quotation.
16.3 Any delay or loss suffered as a result of software, computer hardware, or equipment failure by the Company or its suppliers.
17. In the event of late part payments the Company reserves the right to withdraw all or part of the labour force from the contractors until the working day following payments being brought up to date and the programme for the completion of the contract shall be deemed adjusted to take account of any delay to completion caused by such action. This remedy shall not prejudice any other remedy available to the Company.
18. Property in all materials and/or goods provided by the Company shall be retained by the Company until the Client has paid the contract price in full. Risk in all materials and/or goods (including any hired or other goods in which Property will never pass) shall pass to the Client upon delivery at the Site or (in the event of the Site being situated outside Great Britain) upon delivery to the transit operators. The Client shall at all times ensure that sufficient insurance cover is maintained at all times in relation to such risk and shall procure the production of evidence of such cover to the Company on demand. Where there is default on payment terms, the Company reserves the right to enter any premises of the Client or any third party where the goods are stored and repossess the goods.
19. The client is advised that unless expressly stated to the contrary within the terms of the estimate/quotation, the following items are supplied on hire: all lighting, furniture, electrical materials, audio visual equipment, moving mechanical devices specifically relating to signage and product display and graphic suspension wire systems. Where any specific equipment supplied on hire to the client is retained for the exclusive use of the client and where such equipment/goods are retained upon the client’s request for future use and retained in storage on the client’s behalf, the goods remain on hire and in the ownership of either Showtime exhibitions limited or a third party and hire charges will apply. Further, unless expressly stated to the contrary within the terms of the estimate/quotation, storage of any or all goods either belonging to the client or on hire from Showtime exhibitions limited or its agents will be charged to the client on a monthly basis where the client has requested the aforementioned items should be retained and where the client or third party on behalf of the client is unable to provide storage. Furthermore, all goods in storage are uninsured the arrangement of such insurance being the client’s responsibility unless subcontracted to ourselves. Furthermore, all reasonable costs associated with the removal and/or scrapping of any or all goods belonging to the client or its agents will be charged to the client, the payment of which must be made prior to the goods being removed and/or scrapped.
20. Should the Company incur costs for:
20.1 Delays caused by works not specifically controlled by the Company and not specifically mentioned in the quotation (such as but not limited to delays caused by Authorities, the owner of the site, transit operators and the like).
20.2 The suspension of work due to Client instructions or lack of instructions.
20.3 Overtime or unusual working hours requested by the Client then such costs will be added to the contract price and paid for by the Client.
21. The Company’s failure to strictly enforce any of these conditions shall not act as a waiver and the invalidity of any individual provision shall not affect the validity of the remaining provisions.
22. These conditions shall in all respects be governed and construed in accordance with English Law and be subject to the sole jurisdiction of the English Courts.
23. The Company reserves the right to make additional charges for copy corrections and modifications to layout where such changes or modifications to layout or copy are carried out beyond the eighth revision. Prior to this, changes and/or revisions are included within our costs unless the changes are deemed of a significant nature, altering the principle direction and layout originally approved. Should there be any additions beyond the eighth revision or changes of a significant nature prior to the eighth revision, the Company reserves the right to charge a fee calculated by reference to the time spent by the Company’s employees preparing such amendments.