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GENERAL TERMS AND CONDITIONS OF CONTRACT
In these conditions the following expressions shall have the following meanings:
(1) ‘The Company’ means CLEARVIEW MEDIA LTD and also where the context sp permits its assigns and sub-contractor for the said company: (2) ‘services’ means the articles or things or any of them described in the contract: (3) ‘the buyer’ means the person, firm or company with whom the contract is made by the company, whether directly or indirectly through an agent or factor who is acting for or instructed by or whose actions are ratified by such person, firm or company: (4) ‘company’s premises’ means the premises mentioned in the company’s quotation or other contractual document or if not so mentioned means the company’s premises at 4 Gable House, Margaretting Road, Chelmsford, CM13PN:
(5) ‘the contract’ means the buyers order of the company’s quotation for the sale of supply of the services and any document referred to herein these conditions of sale, the buyer’s order for the services or the company’s acknowledgement thereof and if there shall be any inconsistency between the document comprising the contract they shall have precedence in order herein list.
These conditions shall be deemed to be incorporated in all the contracts of the company to sell services and in the case of any inconsistency with any order letter or form of contract sent by the buyer to the company or any other communication between the buyer and the company whatever may be their respective date the provision of these conditions shall prevail unless expressly varied in writing and signed by a director on behalf of the company. Any concession made or latitude allowed by the company to the buyer shall not affect the strict rights of the company under the contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the other conditions shall continue in force & effort.
Notwithstanding that the company may have given a detailed quotation no order shall be binding on the company unless and until it has been accepted in writing by the company.
(1) the price payable for services shall, unless otherwise stated by the company in writing and agreed on its behalf, be the list price of the company current at the date of confirmation. (2) The company accordingly reserves the right to adjust the invoice price by the amount of any increase or decrease in applicable additional costs after the price is quoted and the invoice is so adjusted shall be payable as if it were the original contract price. (3) all prices are exclusive of VAT and this will be charged at the appropriate rate.
Additional Costs. 5.
(1) The buyer agrees to pay for any loss or extra costs incurred by the company through the buyer’s instructions or lack of instructions, or through failure or delay in booking or artwork confirmation, or through any act or default on this part of the buyer, its servants, agents or employees. (2) The buyer agrees to pay for any administration charges incurred by the company including, but not exclusively, notifications letters for dishonoured cheques, demands for late payment & legal letters for accounts in dispute. These letters and notices are charged at £22.50 +VAT and invoiced and added to any outstanding amount accordingly.
The buyer shall indemnify the company against all costs, claims and damages incurred or threatened arising out of any alleges infringement of patents, trademarks or copyright occasioned by the manufacture or ale of the services made to the specification or special requirements of the buyer.
Terms of payment. 7.
(1) unless otherwise agreed by the company in writing payment shall be due via bank transfer no later than 7 days from the date of invoice save payment shall become due in any event forthwith upon the events referred to in condition 15 hereof. The buyer shall be held fully responsible for any associated transfer fees or charges.
(2) if the services are agreed in writing with the company to be charged in instalments, the company shall be entitled to invoice each instalment as and hen required and payment shall be due within 7 days of invoice in respect of each instalment whereof delivery has ben made notwithstanding non-delivery of other instalments or other default on the part of the company. (3) If upon the terms applicable to any order the price shall be payable by instalments, the buyer of the payment of any due instalments or the failure to give adequate instructions in respect of any services outstanding shall cause the whole of the balance of the price to become due forthwith. (4) the price of the services shall be due in full to the company in accordance with the terms of the contract and the buyer shall not be entitled to exercise any set-off, lieu or any other similar right or claim. (5) the time of payment shall be of the sense of the contract. (6) without prejudice to any other rights it may have the company is entitled to charge interest at 8% above the HSBC Bank rate of interest on overdue payments of the price of the goods or the price of any instalments thereof. (7) all of payments by credit cards will be subject to a surcharge, charges will be according to credit card used to pay outstanding amounts.
Late Payments. 7A.
(1) all payments must be made to the company on the correct date terms. No more orders shall be processed if payments are 7 or more days late. (2) payments which are 7 days late shall be liable for a 10% late payment surcharge to total debt outstanding to the company. (3) late letters sent for all late payments shall be charged at £22.50 per letter. If payment is still not received then legal proceedings shall be started with all cost being pay by the buyer, including any bailiff’s collections cost.
(1) The period for delivery shall be the period agreed in writing between the Buyer and the Company and shall be calculated from the time of receipt by the company of the Buyers order or from the receipt of all necessary information to enable the Company to manufacture or precure the manufacture of the Services, whichever shall be the later and the Buyer shall receive proof of posting of the Services within that period. (2) All dates or times given for delivery of the Services are given in good faith but without any responsibility on the part of the Company. Time of delivery shall not be of the essence of any contract nor shall the Company be under and liability for any delay beyond the Company’s control.
(3) In the event of a valid claim for non-delivery, loss, damage or non-compliance with the Contract, the company undertakes at its option either to repossess or replace the goods at its expense, but shall not be under any further or other liability to any person in connection with such non-delivery, loss, damage or non-compliance. (4) If the Buyer shall fail to give adequate written notice of cancellation, the services shall be deemed to be in all respects in accordance with the Contract and without prejudice to earlier acceptance by the Buyer shall be bound to accept and pay for the same accordingly.
PASSING OF TITLE AND RISK. 9
(1) From the time of delivery, unless otherwise expressly agreed in writing, the Services shall remain the property of the Company until all payments under the contract and any other Contract between the Company and the Buyer for the Services have been made in full and unconditionally. (2) In the event of failure to pay the price in accordance with the Contract the Company shall have the power to re-sell the Services, such power being additional to (and not in substitution for) any other power of sale arising by operation or law or implication or charges and for such purpose the Company and its servants and agents may forthwith enter any premises or land occupied or owned by the Buyer to remove the Goods.
SERVICE GUARANTEE. 10.
(1) Any goods that have been agreed by the Company to be replaced, the Company will replace them FOC where agreed in writing but will not cover any fitting or other charges without prior written consent from the Company. (2) Nothing herein shall impose any liability upon the Company in respect of any defect in the Services arising out of the acts, omissions, negligence or default of the Buyer, its servants or agents. (3) Nothing herein shall have the effect of excluding or restricting the liability of the Company for death or personal injury resulting from its negligence in so far as the same is prohibited by United Kingdom Statute.
The Company shall not be liable for imperfect work caused by any inaccuracies in any artwork specifications supplied by the Buyer.
The Company shall not be liable for any costs, claims, damages or expenses arising out of any tortuous act or omission or any breach of Contract or statutory duty calculated by reference to profits, income, production or accruals or by reference to accruals of such costs. Claims, damages or expenses on a time basis, this also expressly excludes the Company being liable for any additional costs endured or calculated by the Buyer or its agents, or any third party for the following target dates, transportation, storage, maintenance, site visits, installations or reinstallation.
DEFAULT OR INSOLVENCY OF THE BUYER.13.
IF the Buyer shall be in breach of any of its obligations under Contract, or if any distress or execution shall be levied on the Buyers property or assets. Or if the Buyer shall make or offer to make any arrangement or composition with his creditors or commit any act of bankruptcy or if any bankruptcy petition be presented against him or (the Buyer is a Company) if any resolution or petition to wind up such Company shall be passed or presented or if a receiver, administrative receiver or administrator of the whole or part of such Company’s undertaking, property or assets shall be appointed, the Company in its discretion and without prejudice to any other right or claim may be given notice in writing determine wholly or in part any and every contract between he Company and the Buyer or may (without prejudice to the Company’s right subsequently to determine the contract for the same cause should it so decide) by notice in writing suspend further deliveries of Services until any defaults by the Buyer be redeemed.
LIMITATION OF LIABILITY.14.
The liability of the Company to the Buyer for any loss or damage of whatsoever nature and however caused shall be limited to and in no circumstances shall exceed the price of the services.
No statement, description, information , warranty, condition or recommendation container in any catalogue price list advertisement or communication or made verbally by any agents or employees or the Company shall be construed to enlarge or override in any way any of these Conditions.
The Company shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in manufacturing , obtaining or delivering the Services by normal route or by means of delivery through any circumstances beyond its control including but not limited to strikes, lock-outs, accidents, war, fire, reduction in or unavailability of power at manufacturing plant, breakdown of plant or machinery or shortage or unavailability or raw materials from normal sources of supply.
Save as provided in Conditions 13 and 16 hereof contracts may not be cancelled except by agreement with notice in writing of both parties and upon the payment to the Company of such amount as may be necessary to indemnify the Company against all losses resulting from the said cancellation.
The Company may assign the Contract with the Buyer or sub-contract the whole or any part thereof to any person, firm or Company.
The heading in these Conditions are intended for reference only and shall not affect their construction.
The Contract shall in all respects be governed by English Law and deemed to have been made in England and the Company agrees to submit to the Non-exclusive jurisdiction of the English Courts.