Terms & Conditions
1.1 'Buyer' means the person who buys or agrees to buy the goods from
1.2 'Conditions' means the terms and conditions of sale set out hereunder
and any special terms and conditions agreed in writing by the seller.
1.3 'Delivery Date' means the date specified by the seller when the goods
are to be delivered.
1.4 'Goods' means the articles, which the buyer agrees to buy from the
1.5 'Price' means the price for the goods excluding carriage, packing,
insurance and VAT.
1.6 'Seller' means Imago Design Studio
1.7 'Writing or Written' includes telex, cable, facsimile transmission
and comparable means of communication.
2 Conditions applicable
2.1 These conditions shall apply to all contracts for the sale of goods
(whether written or oral) by the seller to the buyer to the exclusion
of all other terms and conditions including any terms or conditions which
the buyer may purport to apply under any purchase order confirmation of
order or similar document.
2.2 All orders for goods shall be deemed to be an offer by the buyer to
purchase goods pursuant to these conditions.
2.3 Acceptance of delivery of the goods shall be deemed conclusive evidence
of the buyer's acceptance of these conditions.
2.4 Any variation to these conditions (including any special terms and
conditions agreed between the parties) shall be inapplicable unless agreed
in writing by the seller.
2.5 No work will commence until the buyer's approval of artwork has been
received. The buyer will meet any costs (in full) arising from changes
requested once production has commenced.
2.6 Since our policy is one of continuous improvement, we reserve the
right to alter specifications, designs and prices of any of our products
/ services without prior notice.
3 The Price and Payment
3.1 The price shall be the seller's written or quoted price or, where
no price has been quoted, the price set out in the sellers published price
list current at the date of delivery of the goods. The price is exclusive
of VAT, which shall be due at the rate ruling on the date of the seller's
3.2 Payment of the price and VAT shall be due 30 days from the date of
3.3 Interest on overdue invoices shall accrue from the date when payment
becomes due from day to day until the date of payment at a rate of 4%
above Clearing Banks base rate from time to time in force and shall accrue
at such a rate after as well as before any judgement.
3.4 Quoted prices are subject to the sight of artwork, and we reserve
the right to charge for studio time where retouching, scanning or artwork
amendments are required.
4 The Goods
4.1 The quantity and description of the goods shall be as set out in the
seller's quotation or confirmation of order.
4.2 The seller may from time to time make changes in the specification
of the goods which are required to comply with any applicable safety or
statutory requirements or which do not naturally affect the quality or
fitness for purpose of the goods.
5 Warranties and Liability
The seller warrants that the goods will at the time of delivery correspond
with the description given by the seller. Except where the buyer is dealing
as a consumer (as defined in the Unfair Contract Terms Act 1977 Section
12) all other warranties, conditions or terms relating to fitness for
purpose, merchantability or condition of the goods and whether implied
by statute or common law or otherwise are excluded.
6 Delivery of the Goods
6.1 Delivery of the goods shall be made to the buyer's address on or before
the delivery date. The buyer shall make all arrangements necessary to
take delivery of the goods whenever they are tendered for delivery.
6.2 Time is not of the essence for the purpose of delivery.
7 Acceptance of the Goods
7.1 Invoice queries will not be considered unless they are advised in
writing within 7 days of the date of invoice.
7.2 After acceptance the Buyer shall not be entitled to reject goods,
which are not in accordance with the contract.
8 Title and Risk
8.1 Title shall pass on delivery of the goods.
8.2 Notwithstanding delivery and the passing of risk in the goods, or
any other provision of these conditions, the property in the goods shall
not pass to the buyer until the seller has received in cash or cleared
funds payment in full of the price of the goods and all other goods agreed
to be sold by the seller to the buyer for which payment is then due.
8.3 Until such time as the property in the goods passes to the buyer,
the buyer shall hold the goods as the seller's fiduciary agent and bailee,
and shall keep the goods separate from those of the buyer and third parties
and properly stored, protected and insured and identified as the seller's
property, but the buyer shall be entitled to resell or use the goods in
the ordinary course of its business.
8.4 Until such time as the property in the goods passes to the buyer (and
provided the goods are still in existence and have not been resold), the
seller shall be entitled at any time to require the buyer to deliver up
the goods to the seller and, if the buyer fails to do so forthwith, to
enter upon any premises of the buyer or any third party where the goods
are stored and repossess the goods.
8.5 The buyer shall not be entitled to pledge or in any way charge by
way of security for any indebtedness any of the goods which remain the
property of the seller, but if the buyer does so all moneys owing by the
buyer to the seller shall (without prejudice to any other right or remedy
of the seller) forthwith become due and payable.
9 Remedies of Buyer
9.1 Where the buyer rejects any goods then the buyer shall have no further
rights whatever in respect of the supply to the buyer of such goods or
the failure by the seller to supply goods which conform to the contract
9.2 Where the buyer accepts or has been deemed to have accepted any goods
then the seller shall have no liability whatever to the buyer in respect
of those goods.
9.3 The seller shall not be liable to the buyer for late delivery or short
delivery of the goods.
9.4 The liability of the seller to the buyer shall in any event be limited
to the contract price and the seller shall not be liable for any indirect
or economic loss arising from any breach by the seller of the terms and
conditions of any contract between the seller and the buyer.
10 Proper law of contract
These conditions of sale are subject to the law of England and Wales