Terms & Conditions
1st January 2018
Acceptance: Any instructions received by Brand Works Ltd (BrandWorks) from the Client (the buyer or any person or company acting on behalf of and with the authority of the buyer) for the supply of goods and/or services shall constitute acceptance of the terms and conditions contained herein.
Quotation/Estimation: All quotations and estimations from BrandWorks are based on specifications supplied by the Client at the time of quoting, and any deviation from these specifications may result in additional charges. All quotations and estimations may be withdraw at any time before acceptance, and will lapse if not accepted within 20 days.
Variation: Once an order has been accepted by BrandWorks, no amendments, variation or cancellation may be made without the written consent of BrandWorks. The Purchaser shall be liable for any costs incurred by BrandWorks to meet the costs of any amendment, variation or cancellation.
Client’s Alteration: Client’s corrections or alteration subsequent to the commencement of each job often incur extra time/expenses and will therefore be at the client’s expense. Any deviation from the original instruction or additional requirement from the Client, which is not covered in the estimated cost, shall be at client’s cost.
Urgent Services: Should urgent services and delivery be required and agreed to, all related costs including overtime shall be an additional charge.
Liability: Brand Works Ltd, its director(s), employees or subcontractors shall not be liable for any loss of profit or any indirect or consequential loss or for the loss to a client arising from third party claims occasioned by errors in carrying out the work or by delay in delivery. Where BrandWorks is liable to the Client, the maximum cost of any liability shall not exceed the value of the goods or services provided by BrandWorks to the Client. BrandWorks shall not be liable for delay or failure to perform its obligations if the delay or failure is beyond its control.
Clients Verbal Instructions: BrandWorks shall not be held liable for errors or omissions arising from an oversight or a misinterpretation of a client’s verbal instructions.
Intellectual Property Rights: Intellectual property rights that arise out of performance by BrandWorks of its obligations or engagements with its clients shall arise not by commission but be the creation of BrandWorks. The Client shall be supplied with the final works (the Works) for copying on the basis of a non-exclusive licence, and all the copyrights are limited to the
purpose/applications the Works originally created for. BrandWorks shall remain the first owner of the Works until the Client has made full payment for all goods and services supplied.
Infringement of Design or Patent: The Client shall indemnify BrandWorks against any claims, proceedings, costs and expenses resulting from the infringement of any registered design or pending or registered patent by any product, design or method of manufacture supplied by the Client to BrandWorks.
BrandWorks may suspend performance of its obligations under the contract if it becomes aware that a claim is likely to be made against it for infringing any copyright, patent or other proprietary right.
Terms of Payment:
Cash Sale: Balance is payable upon the completion of each job, cash on delivery.
Credit Accounts: Unless otherwise stipulated by BrandWorks or otherwise agreed between BrandWorks and the Client, payment is due in full on or before the 20th of the month following the date of the invoice. A surcharge of 5% per month of the invoiced and remaining unpaid amount may be charged on all overdue accounts. Credit limit is set by Brand Works and cannot be exceeded by the customer without prior approval.
Costs: Any expenses, disbursements and legal costs incurred by Brand Works Ltd. in the enforcement of any rights contained in this contract shall be paid by the Client, including any reasonable solicitor’s fees or debt collections agency fees.
Purchaser’s Acknowledgements: The Client acknowledges that the provisions of this contract constitute the entire agreement between the parties and supersede all prior agreements, understandings, negotiations and representations and discussions whether oral or written of the parties.