Terms and Conditions

1. INTRODUCTION

I am Dylan Moore trading as Aqua Design Group.

2. CANCELLATION AND VARIATION

You may cancel your order at any time before the supply is made. If you do, you are to pay me on demand a reasonable cancellation charge which takes into account all work I have done under the agreement, all cost Ie have incurred and any costs I have committed to pay, and my loss of profit.

If you ask me to vary your order and agree with us an appropriate variation to the price and to the time scale for delivery, I agree to make the supply in accordance with those variations. I may vary the price by an amount sufficient to cover any significant increase in the cost of materials or other costs I incur to fulfil your order. I may also substitute suitable alternative materials for any referred to in our acknowledgement which are not available or, if no suitable materials are available, advise you of the estimated delay in fulfiling your order. If I are unable to fulfil your order within a reasonable time due to materials being unavailable for reasons beyond our reasonable control, I may cancel the order with no further obligation to you.

3. PRICE

Unless otherwise stated you are to pay, in addition to the
agreed price:

• the cost of packaging, carriage and insurance

• the cost of any artwork, origination of any printing stereos, the cost of tooling specifically required and die cutting costs

4. PAYMENT

Full amount required before work commences, I will invoice you once the quote has been agreed and before the goods have been manufactured. If you have a claim against me you must pay by the due date the amount not in dispute.

I are not obligated to supply any goods or services to you while any payment is overdue on this or any other agreement I may have with you.

If any payment is late we may charge you interest at the rate of 8% on any overdue payment from the due date for payment until the date payment is made and charge you for all costs I incur in recovering the outstanding payment.

5. WARRANTY AND DEFECTS

I warrant to you that the goods will at the time of delivery be free from any material defect due to faulty materials and workmanship and that any services will be provided with reasonable skill and care so long as:

• you give us full details of any defects immediately it becomes apparent.

• the goods have not, in our view, suffered excess wear and tear by improper or careless use or storage, excessive stressing, improper installation, or the like.

All implied warranties or conditions are excluded to the extent permitted by law.

If you endorse on the delivery note that goods are unexamined and within 3 days if delivery notify us in writing of any defects I may, after inspecting the goods (and I am satisfied that their condition has not deteriorated following delivery) at my discretion repair or replace the defective goods, or take them back and refund the price.

6. DELIVERY OR COLLECTION

I am to use reasonable endeavours to have the goods ready when agreed, but this is only an estimate of the delivery or collection date. You can only refuse to accept delivery after that date if

• after the date of our acknowledgement of your order you have sent us a written notice specifying a deadline date and

• I have specifically accepted that deadline date in writing.

Where I am delivering goods to you, you are responsible for unloading them. Where you fail to take delivery or collect goods in accordance with the agreement, you must pay on demand my storage and additional carriage costs.

You have no right to reject goods if they vary from the specification and that variation is not material to their use or functionality or is a variation in quantity which is within 10% of the quantity ordered.

7. PACKAGING

I decide the appropriate method of packaging. Packages and wrappers are free and non-returnable.

8. CUSTOMER APPROVALS

Where I supply proofs, printing details, artwork or other specimens for you to approve as complying with your order you must do so promptly and in writing. I am not responsible for any delay you cause. My obligation is to supply the goods in the form you approve. I am not responsible for any errors which you do not identify in writing at the time you give your approval.

All prices I give you for printing are made subject to our receiving suitable copy matter, and are on the basis that I can use our standard range of ink colours. Any deviations may result in an extra charge being made.

9. PASSING OF RISK AND TITLE

The goods are at your risk

• when you start loading them into your collection vehicle, if you are collecting them or

• when you start unloading them at your delivery address, if I am responsible delivery or

• from the agreed time for delivery or collection if you fail to accept delivery or to collect the goods as agreed.

The goods do not belong to you until I have received payment of the price and all additional payments due in full.

Until then

• you hold the goods as our fiduciary agent, must clearly identify the goods (and any new product into which they are incorporated) as our property, and keep them properly stored and insured and

• I may enter your premises at any time to repossess the goods if you fail to pay the price and other payments when due or we reasonably believe that you will not be able to pay the price and other payments when due.

10. TERMINATION

Either of us may terminate this agreement immediately on written notice if the other is in breach of an obligation and cannot put it right or does not put it right within 21 days of receiving notice to do so. On termination any then existing claims I had against one another remain in force.

I may terminate this agreement immediately on notice if we reasonably believe that you will not be able to pay the price or other payments when due in that event we have no further liabilities under the agreement.

11. LIABILITIES

Samples, descriptions, illustrations, forecasts, brochures and other literature we may have supplied show only the general character of the goods and must not be relied on.

I do not seek to exclude or restrict my liability for death or personal injury caused by my negligence.

I have no liability (directly or indirectly) for loss of business, revenue, opportunity or profits, anticipated savings or wasted expenditure, corruption or destruction of computer data or any indirect or consequential loss whatsoever.

Neither of us is liable for any failure to fulfil our obligations to the other where such failure is due to circumstances beyond our reasonable control.

You agree to pay me on demand an amount sufficient to cover all liability, (including, but not limited to, any claim from a third party that I have infringed on any intellectual property rights in the work carried out), damages, loss and expenses which may arise either directly or indirectly resulting from our acting reasonably in accordance with your instructions.

12. GENERAL

No benefits are to be conferred to any third party by thus agreement.

If part of this agreement is invalid or unenforcable that does not affect the remainder. Individually or unenforceability in one of jurisdiction does not affect validity or enforceability in another.

Where you leave any of your property with me you do so at your own risk. You must get a receipt for it.

We are to own all intellectual property created under the agreement. Where necessary, you are to assign or procure the assignment of all such rights (including moral rights) to us.

Unless you object in writing, I may put your name and other details into a computerised directory. This will be only for our use and that of any other company within Aqua Design Group worldwide.

This agreement and its subject matter are confidential and must not be disclosed to any person without my permission.

Provisions relating to warranties, limitation of liability, intellectual property, confidentiality and obligations on termination survive termination or expiration of the agreement.

English law applies to the agreement. I both accept the jurisdiction of the English Courts. I may also bring proceedings against you in other jurisdictions.

13. Data and Privacy

No information provided to me (as newsletter subscription or in any other form) will be passed to any third party.

I have gained permission by my client to showcase their project on the website and any printed marketing material.