General
1. Dunn’s Imaging Group Ltd,. (DIG) is a member of the Professional Photographic Laboratories Association (PPLA). As such, DIG is bound by, and will conform strictly to, the PPLA Code of Conduct. A copy of the PPLA Code of Conduct may be viewed on request at DIG.
2. The placing of an order by a client and the acceptance of that order by DIG brings into being a contract on DIG’s terms and conditions as detailed in the following paragraphs.
3. With the exception of the specific details of any individual order (for example, as to size, quantity and finish), other terms and conditions proffered by the client are specifically excluded, unless agreed beforehand in writing by DIG.
4. All orders shall be in writing on the client’s official order form or letterhead, and shall be signed by the client or, in the case of a firm or company, by a responsible person representing the client.
5. In exceptional circumstances, and entirely at its own discretion, DIG may accept an order given orally by an existing or former client who has had notice of these terms and conditions; and these terms and conditions shall apply equally to an order given and accepted orally.
6. In the case of DIG accepting an order given orally, the client shall confirm such order in writing as soon as practicable and, in the absence of written confirmation DIG shall accept no liability for any error in executing the order.
7. DIG reserves the absolute right to refuse to accept any order whatsoever and for whatever reason, and particularly in cases where DIG has reason to believe that acceptance and execution of the order will lead to a breach by DIG of the laws of obscenity, libel or copyright, or to aiding, abetting or condoning of such a breach by any other party.
Price, Payments and Accounts
Prices
8. The price payable by the client for the execution of any order shall be in accordance with DIG’s price list ruling at the time of acceptance of the order. DIG reserves the right to alter its price list at any time and without notice.
9. The price list published from time to time by DIG is exclusive of Value Added Tax. VAT at the current applicable rate will be added to all charges.
10. DIG reserves the right to make additional charges when completion of an order necessitates overtime working.
Credit Accounts
11. If the Client shall spend over £500 per month (exclusive of VAT), and at the absolute discretion of DIG, DIG will open a client credit account upon receipt of two satisfactory trade references. The continuance of account facilities will be kept under review in the light of the continued value of the orders per month and the manner in which the account is conducted. Withdrawal of account facilities from the Client shall be at the absolute discretion of DIG.
12. All accounts shall be settled in full by the Client within 28 days of the date of the invoice.
13. Any account with an outstanding balance of more than £250 (inclusive of VAT) and which is overdue by more than 60 days will be referred to the PPLA Credit Reference Scheme.
14. DPI reserves the right to add interest to any account overdue beyond the permitted 30 days at the rate of 2.5% per month.
Cash Accounts
15. Where no credit account facility exists, payment terms shall be Cash With Order or Cash On Delivery at the discretion of DIG.
Methods of Payment -
Credit Accounts and Cash Accounts
16. Settlement of credit account invoices shall be by cash or cheque. Cash accounts are payable by cash, cheque or credit card . All cheques shall be payable to Dunn's Imaging Group plc. In the event of a cheque not being honoured on first presentation, for whatever reason, DIG reserves the right to charge an administration fee of £15 (plus VAT) for each subsequent re-presentation of the cheque.
Liability
17. DIG will take all reasonable care in the handling and processing of all materials belonging to the Client.
18. The liability of DIG for loss of or damage to the Client’s materials, however caused, shall be limited to a maximum of £50 (exclusive of VAT) per order. DIG shall not be liable for any consequential losses, special damages or other indirect losses, howsoever arising.
19. It shall be the responsibility of the Client to ensure adequate and appropriate insurance cover in the event of the value of materials in any one order exceeding £50. It shall also be the responsibility of the Client to insure any goods or original materials deposited with DIG for the purposes of the order or in transit to or from DIG.
20. Unless otherwise specifically agreed by DIG in writing, any date or time specified for the completion of an order, client or to any third party resulting from any reasonable delay in completing the order.
Accuracy of Size and Colour Matching
21. All sizes quoted are nominal. DIG shall accept no liability for such minor variations in size.
22. The Client accepts that colour matching is subjective, and that totally accurate colour matching to 100% fidelity is rarely possible. However, DIG will endeavour to achieve the closest possible colour match within the limitations of materials and processes used. Where accurate colour matching is essential, the client shall provide sample materials for use by DIG as colour matching guides.
Indemnity
23. The Client shall indemnify DIG against all third party actions, costs, damages, losses and other claims of whatever nature arising out of the execution of the order in accordance with the Client’s instructions.
Copyright
24. It shall be the responsibility of the Client to ensure that all materials presented for processing, printing, copying, duplicating or any other process of reproduction are free from any third party claims for breach of copyright or licence.
25. By placing an order with DIG, the client certifies and warrants that:
(i) no copyright exists in the material(s); or
(ii) that he is the owner of the copyright in the material(s) and that any reproduction by DIG will not infringe the rights of any existing licensee; or
(iii) that he has valid authority of the copyright owner (or of an existing licensee of the copyright owner) to authorise the reproduction of the material(s) as required by the order.
26. The attention of the Client is drawn specifically to Paragraph 23 (above) in respect of indemnity.
27. The Client acknowledges that breach of copyright in the course of trade or business is both a civil wrong and a criminal offence under the terms of the Copyright, Designs and Patents Act 1988
Original Photography Created by DIG
28. Where the terms of the order require DIG to create original photography, the copyright in such photography shall be the property of DIG in accordance with the Copyright, Designs and Patents Act 1988. DIG shall grant to the Client, at no additional charge, a licence to reproduce the photography in any non-photographic form, in any quantity, and in any part of the world, for a period of three years from the date of the invoice. Any photographic reproduction shall be carried out only by DIG. Any extension to the licence beyond the three year period shall be subject to negotiation and further agreement between the Client and DIG.
29. All materials on which original photographic images are created by DIG shall remain the property of DIG, and DIG undertakes to file and store all such original materials safely and to make them available for future reproduction. Where DIG gives possession of original transparencies to the Client, such original transparencies shall nevertheless remain the property of DIG, and shall be given to the Client on free loan for the duration of the copyright licence. Photographic prints (whether from negatives or transparencies) will become and remain the property of the Client. However, the Client acknowledges that ownership of any physical materials such as prints and transparencies does not imply ownership of the copyright in the images on them (which remains the property of DIG in accordance with Paragraph 28 above) or any right to reproduce or authorise the reproduction of any such images by any photographic means.
Delivery
30. Delivery of completed orders will be by DIG’s own delivery drivers, or by taxicab, courier motorcycle, British Rail, Red Star or any other courier or delivery service at the discretion of DIG. Where applicable, DIG will charge for postage, packing and delivery as appropriate.
31. DIG shall not be liable for any damage to, discrepancies in or shortages of delivered materials unless notified by the client within 48 hours of delivery. If DIG is so notified within 48 hours, all materials delivered, together with all associated paperwork, shall be returned to DIG as soon as practicable.
Lien and Retention of Title
32. DIG shall have a general lien on all of the Client’s materials in its possession and shall reserve the right to retain any such materials until all moneys due and payable have been received.
33. In the event of nonpayment in accordance with these terms and conditions for any original photography created by DIG, the licence to reproduce the image(s) shall be thereby immediately revoked without any further notice from DIG, thereby rendering any reproduction of the image(s) by the Client a breach of copyright, for which DIG reserves the right to take such legal action as may be appropriate.