BDA London | Standard Terms & Conditions

1) DEFINITIONS

In this statement the following words shall have the following

meanings:

1.1 "Consumer" shall have the meaning ascribed in section 12 of

the Unfair Contract Terms Act 1977.

1.2 "Customer" means any person who purchases Goods and

Services from the Supplier.

1.3 "Goods" means the articles specified in the Proposal.

1.4 "Proposal" means a statement of work, quotation or other

similar document describing the Goods and Services to be

provided by the Supplier.

1.5 "Services" means the services specified in the Proposal.

1.6 "Supplier" means BDA London (Business + Design

Advertising) of Angel House Studio, 10 Coppetts Road,

London N10 1NN, United Kingdom.

1.7 "Terms and Conditions" means the terms and conditions of

supply set out in this document and any special terms and

conditions agreed in writing by the Supplier.

2) GENERAL

2.1 These Terms and Conditions shall apply to all contracts for

the supply of Goods and Services by the Supplier to the

Customer and shall prevail over any other documentation

or communication from the Customer.

2.2 Any variation to these Terms and Conditions shall be

inapplicable unless agreed in writing by the Supplier.

2.3 Nothing in these Terms and Conditions shall prejudice any

condition or warranty, express or implied, or any legal

remedy to which the Supplier may be entitled in relation to

the Goods and Services, by virtue of any statute, law or

regulation.

2.4 Nothing in these Terms and Conditions shall affect the

Customer's statutory rights as a Consumer.

3) THE ORDER

3.1 The Proposal attached to these Terms and Conditions shall

remain valid for a period specified in the Proposal, or no

longer than 28 days from the date of the Proposal.

3.2 The Customer shall be deemed to have accepted the Proposal

by placing an order with the Supplier ("the Order") within the

period specified in Clause 3.1.

3) Continued

3.3 All Orders for Goods and Services shall be deemed to be

acceptance of the Proposal pursuant to these Terms and

Conditions.

4) PRICE AND PAYMENT

4.1 The price for the Goods and Services is as specified in the

Proposal and is inclusive of VAT and any applicable charges

outlined in the Proposal.

4.2 Payment of the price shall be in the manner specified in the

Proposal.

4.3 If the Customer fails to make any payment within the agreed

credit period, the Supplier shall be entitled to charge interest

at the rate of 15% per annum on the outstanding amounts.

5) DELIVERY

5.1 The date of delivery specified by the Supplier is an estimate

only. Time for delivery shall not be of the essence of the

contract and the Supplier shall not be liable for any loss,

costs, damages, charges or expenses caused directly or

indirectly by any delay in the delivery of the Goods.

5.2 All risk in the Goods shall pass to the Customer upon delivery.

6) TITLE

Title in the Goods or Services shall not pass to the Customer

until the Supplier has been paid in full for the Goods or

Services.

7) CUSTOMER'S OBLIGATIONS

To enable the Supplier to perform its obligations the

Customer shall:

7.1 Co-operate with the Supplier.

7.2 Provide the Supplier with any information reasonably required

by the Supplier.

7.3 Obtain all necessary permissions, licenses and consents which

may be required before the commencement of the services,

the cost of which shall be the sole responsibility of the

Customer.

7.4 Comply with such other requirements as may be set out in the

Proposal or or otherwise agreed between the parties.

8) SUPPLIER'S OBLIGATIONS

8.1 The Supplier warrants that the Goods will at the time of

delivery correspond to the description given by the Supplier.

8.2 The Supplier shall perform the Services with reasonable skill

and care and to a reasonable standard in accordance with

recognised standards and codes of practice.

8.3 The Supplier accepts all responsibility for the condition of

tools and equipment used in the performance of the Services

and shall ensure that any materials supplied shall be free of

defects.

8.4 In addition to the Customer's statutory rights, the Supplier

guarantees all Goods against faulty workmanship and

materials for a period of 12 months from the date of delivery.

8.5 The Supplier provides the following guarantee(s) in relation to

the Services carried out: None.

9) CANCELLATIONS, FEES AND REFUNDS

9.1 Where the Goods are faulty or do not comply with any of the

contract, the Customer must notify the Supplier within 7 days

of delivery and the Customer shall be entitled to replacement

Goods or a partial or full refund.

9.2 The Customer may cancel an Order by notifying the Supplier

in writing at the address above, within 24 hours of placing an

Order, or before costs have been incurred by the Supplier,

and may then be eligible for a partial or full refund.

9.3 If the Customer fails to cancel the Order within the terms

specified in Clause 9.2 any payment paid may not be

returnable.

9.4 If the Customer wishes to cancel Ordered bespoke Goods

or Services, for any reason, the Supplier reserves the right

to charge a cancellation fee, in addition to any costs incurred,

of a minimum 20% of the Order value.

9.5 Any refund, partial or full offered to the Customer by the

Supplier will be subject to any costs incurred by the Supplier

in time spent, purchases made, work undertaken or in general

administration of the Order.

10) LIMITATION OF LIABILITY

10.1 The Supplier shall not be liable for any loss or damage

suffered by the Customer howsoever caused, as a result

of any negligence, breach of contract or otherwise in excess

of the price for the Goods and Services.

10.2 The Supplier shall not be liable under any circumstances to

the Customer or any third party for any indirect or

consequential loss of profit, consequential or other economic

loss suffered by the Customer howsoever caused, as a result

of any negligence breach of contract, misrepresentation or

otherwise.

10.3 For the avoidance of doubt, time shall not be of the essence

and the Supplier shall incur no liability to the Customer in

respect of any failure to complete the Services by any

agreed completion date.

11) FORCE MAJEURE

Neither party shall be liable for any delay or failure to

perform any of its obligations if the delay or failure

results from events or circumstances outside its

reasonable control, including but not limited to acts of

God, strikes, lock outs, accidents, war, fire, breakdown

of plant or machinery or shortage or unavailability of

raw materials from a natural source of supply, and

the party shall be entitled to a reasonable extension

of its obligations.

12) SEVERANCE

If any term or provision of these Terms and Conditions is held

invalid, illegal or unenforceable for any reason by any court

of competent jurisdiction such provision shall be severed and

the remainder of the provisions hereof shall continue in full

force and effect as if these Terms and Conditions had been

agreed with the invalid, illegal or unenforceable provision

eliminated.

13) GOVERNING LAW

These Terms and Conditions shall be governed by and

construed in accordance with the law of England and the

parties hereby submit to the exclusive jurisdiction of the

English courts.