1. Any quotation provided by TGM Creative Limited (“us/we/our”) is not an offer and is incapable of acceptance. If you provide us with a request to perform a job in accordance with a quotation, we may accept such request and any such acceptance will form a binding contract incorporating the terms of the relevant quotation (except to the extent we advise otherwise) and these Terms and Conditions.
2. Any quotation provided is dependent on information provided by you to us. We reserve the right to charge more than the quoted amount for couriers, tolls or extra materials required and also where the final job differs from that anticipated (which, by way of example only, may be where you have not informed us of all relevant circumstances, there are delays outside of our control, or where your requirements change).
3. If we incur any costs (including, by way of example only, labour and printing costs) due to incorrect information that you have provided, or your failing to report any errors in proofs we provide to you for checking before we commence final printing, we will be entitled to include such costs in any invoice we issue.
4. If you request that we cease work on a job, we will be entitled to immediately cease work on that job and issue an invoice for the full agreed fee and for any other costs/fees in accordance with these Terms and Conditions.
5. If you require a job to be completed in a time frame that we consider to be a quick-turnaround, we may charge a quick-turnaround rate of 20% on top of normal charges and/or any quoted amount.
6. You will be deemed to be satisfied with any goods and/or services that we supply to you unless you advise us otherwise within 10 days (if term 16 below applies), or a reasonable time (if term 16 below does not apply), of us supplying the relevant goods and/or services.
7. If you reasonably advise us that you are not satisfied with any goods and/or services that we have supplied to you, we will remedy the relevant goods and/or services (which you will return to us at your expense, if required) within a reasonable time on the basis of the job previously agreed between you and us. If you request that the goods and/or services be varied otherwise than in accordance with the job previously agreed between you and us, we may choose not to perform such work or we may submit a quotation of our costs to perform such work.
8. If we are unable to complete a job on the time due to circumstances out of our reasonable control, we will give you notice of the cause and likely time of the delay and, provided we complete the job within a reasonable time (taking into account the nature and extent of the relevant cause of the delay), we will be deemed to have fully discharged our obligations to you.
9. A search fee may be charged if you ask us to endeavour to locate and supply files (which we have no obligation to keep, and which we may or may not in fact keep) after a job has been completed. This fee is payable even if we are unable to locate a file sought.
10. All fees must be paid prior to the supply of final artwork or on completion of the job, unless you apply for a credit account to be opened with us prior to our commencing work and we accept that application. We may accept or decline a credit account application at our sole option and, if we accept such application, we may cancel any credit account held with us at any time.
11. If you hold a credit account with us, we will issue you with invoices for our work (which may include monthly, interim invoices) and you must pay such invoices by the 20th day of the month following the date of the relevant invoice (each such date a “Payment Date”), time being of the essence.
12. If any invoiced amount is not paid by the relevant Payment Date:
(a) that part of the invoiced amount that remains unpaid will attract interest at 16% per annum calculated daily from the relevant Payment Date until the invoiced amount is paid in full;
(b) you will pay us a $10 administration fee and reimburse any additional costs incurred by us (including, by way of example only, any legal costs on a solicitor own client basis) in enforcing our rights in respect of payment. Upon non payment of the account we reserve the option to terminate this contract immediately and should we choose to do so TGM will not be liable for any actual or consequential loss or damages arising from such termination.
(c) we may cease work, and hold any work, on any job we may have agreed to perform for you (whether related to the relevant invoice or otherwise).
13. On payment of all then unpaid invoiced amounts, you will have the right to use the goods and/or services supplied by us to you for the purpose of your business (this does not include any goods and/or services that you have rejected). Your rights are personal to you and, unless we agree in writing otherwise, incapable of being assigned, licensed or otherwise used for the benefit or any other party.
14. We will retain all intellectual property rights (including, for example only, copyright, trademark and patent rights), if applicable, in any goods and/or services that we supply to you.
15. If you supply us with any drawings, sketches, designs or specifications, you warrant that our use of the same will not infringe the rights of any person or entity and you indemnify us for any costs, expenses, damages or liability incurred by us arising directly or indirectly from any breach of such warranty.
16. If you are acquiring any goods and/or services from us for the purposes of a business, or if you are holding yourself out as acquiring any goods and/or services from us for the purposes of a business, you agree that the implied guarantees in the Consumer Guarantees Act 1993 will not apply to the relevant goods and/or services supplied by us to you.
17. Our liability to you in respect of any goods and/or services is limited, so far as is allowable by law, to the amount we have received from you for the relevant goods and/or services that are the direct cause of the proven liability.