WHAT A PICTURE

TERMS AND CONDITIONS OF BUSINESS

Please read and ensure that you fully understand these terms and conditions. We will be pleased to clarify points you do not understand.

1. Definitions
1.1 ‘the Photographer’ means Charles Robinson trading as What A Picture of 42 Church Street, Southwold, Suffolk, IP18 6JG
1.2 ‘the Client’ means the person, partnership, firm or corporate body who agrees to engage and pay for the Services of the Photographer
1.3 ‘the Conditions’ means the terms and conditions set out in this document
1.4 ‘the Services’ means the photography service which the Photographer is commissioned or instructed to provide to the Client and which the Client has agreed to pay for
1.5 ‘Fee’ means the fee agreed between the Photographer and the Client for the Services of the Photographer excluding VAT

2. The Conditions
2.1 These Conditions shall apply to all contracts for the supply of Services by the Photographer to the Client to the exclusion of all other terms and conditions
1.1 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Photographer
1.2 All orders for Services shall be deemed to be an offer by the Client to purchase the Services pursuant to these Conditions
1.3 Acceptance upon delivery of the Services shall be deemed conclusive evidence of the Client’s acceptance of these Conditions

2. Fee and Payment
2.1 The Fee shall be the price set out inthe Price List and as agreed between the Photographer and the Client. The Price is exclusive of VAT which shall be due at the prevailing rate on the date of the Photographer’s invoice.
2.2 Payment of the Fee and VAT shall be due within 30 days of the date of the invoice. Time for payment shall be of the essence.
2.3 All Goods shall remain the property of the Seller until the Price and VAT have been paid in full. If payments due to the Seller are not made within 30 days the Seller shall be entitled to enter collect and remove the Goods from the Buyer’s property or premises forthwith. The Seller accepts no liability for damage caused to the Goods or to the Buyer’s property or premises during the removal of the Goods.

3. Late Payment
3.1 The Seller shall be entitled to charge interest on overdue invoices at the rate of 4% above the base rate of Barclays Bank plc then in force which shall accrue from the date when payment becomes due until the date of payment.
3.2 If the Buyer fails to make any payment on the due date then without prejudice to any of the Seller’s other rights the Seller may suspend or cancel deliveries of any articles due to the Buyer

4. Goods
The quantity and description of the Goods shall be as set out in the Seller’s quotation overleaf

5. Delivery of Goods
5.1 Delivery of Goods shall be made to the Buyer’s address on the Delivery Date. The Goods may be delivered in advance of the Delivery Date upon the giving of reasonable notice to the Buyer. The Buyer shall make arrangements to take delivery of the Goods whenever they are tendered for delivery.
5.2 Where the Seller is unable to deliver the Goods on the Delivery Date the Seller shall make all reasonable efforts to notify the Buyer in advance.
5.3 The Seller shall not be liable for loss or damage resulting from late delivery or short delivery of the Goods provided the same are delivered within one month of the Delivery Date
5.4 Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 1 month of the Delivery Date

6. Acceptance of Goods
6.1 The Buyer shall inspect the Goods on delivery and shall notify the Seller within 7 days of delivery of any alleged defect, shortage in quantity, damage or failure to comply with description or sample.
6.2 In accordance with clause 6.1 above the Seller agrees to permit the Buyer to return any Goods to the Seller which have an alleged defect, are damaged or fail to comply with description or sample at any time up to 21 days after delivery notwithstanding that some of the Goods may have already been accepted by the Buyer.
6.3 The Buyer shall be deemed to have accepted the Goods 7 days after delivery and shall not be entitled to reject any Goods thereafter for whatever reason
6.4 Damage as set out in clauses 6.1 and 6.2 above include damage to Goods caused by the Seller during transit or upon delivery.
6.5 Where the Buyer accepts or has been deemed to accept any Goods the Seller shall have no liability whatever to the Buyer in respect of those Goods save in respect of any liability to damages in personal injury.

7. Cancellation
The Buyer may cancel this contract at any time before the Delivery Date [or the date when the Goods are delivered] upon giving written notice to the Seller.

8. General
This agreement shall be governed by and construed in accordance with the laws of England and the parties hereto agree to submit to the exclusive jurisdiction of the High Court of Justice in England.