Terms & Conditions

• 1. Reference – O2 Creative Design Ltd of 112-114 Thorpe Road, Norwich, NR1 1RT ("the Firm").
• 2. Terms of Sale – These conditions shall apply to all contracts for the provision of services to the customer to the exclusion of all other terms and conditions including any terms or conditions which the customer may purport to apply under any purchase order confirmation or similar document.
  • 2.1 Deposit – We reserve the right to require a non refundable deposit of up to 50% of the order value payable in cleared funds before commencing work.
• 3. Payment – Unless otherwise agreed, payment is due within thirty days, amounts outstanding after thirty days will be subject to the Late Payment of Commercial Debts (Interest) Act 1998.
• 4. Price Variation – Estimates are exclusive of VAT which is payable in addition and are based on the Firm's current cost of production and unless otherwise agreed are subject to amendment at any time after acceptance to meet any rise in such costs.
• 5. Preliminary Work – All work carried out whether experimentally or otherwise at the customers request will be charged for.
• 6. Additional Work – A charge may be made to cover any additional work involved where documentation and material supplied by the customer is not clear and legible or where work has already been approved by an employee of the customer.
• 7. Proofs – Proofs of all work may be produced for the customer's approval and the Firm shall incur no liability for anything not corrected by the customer in such proofs. Where style, type or layout have been left to the Firm's judgement, an extra charge may be made in respect of alterations requested by the customer and additional work necessitated thereby.
• 8. Delivery and Payment – Delivery of work should be accepted when tendered but if expedited delivery has been agreed then an extra charge may be made to cover any overtime or additional costs incurred.
• 9. Variations in Quality – A small variation in quantity orders may occur in respect of printed matter.
• 10. Claims – Advice of damage, delay or loss of work in transit or of non-delivery must be given in writing to the Firm within 48 hours of delivery (or in non-delivery cases within 48 hours despatch). All other claims are to be made in writing to the Firm within 7 days of delivery. Failure to comply with such time limits will render the Firm not liable in respect of any potential claims.
• 11. Liability – The Firm shall not be liable for any loss to the customer or any third party claims (including loss of profit / loss of order) arising from delay in completing the work or arising from delay in transit and not caused by the Firm and where work is defective for any reason, including negligence, the Firm's liability (if any) shall be limited to rectifying such defects. The Firm accepts no responsibility for imperfect work caused by defects or the unsuitability of materials supplied or specified to be used by the customer.
• 12. Firms Property – All materials owned by the Firm and used by it in the production of scamps, visuals, artwork, repros and proofs shall remain the Firm's exclusive property and unless notified in writing by the customer prior to completion of the work may be destroyed or otherwise rendered unusable immediately after completed work.
• 13. Intellectual Property – Unless otherwise agreed in writing the specifications and design of the work (including the copyright or design rights and any other intellectual property in them) shall as between the parties be the sole property of the Firm where any designs or specifications shall not infringe the rights of any third party.
• 14. Customer's Property – All property supplied to the Firm by or on behalf of the customer is at the customer's risk unless otherwise agreed and the customer should insure accordingly.
• 15. Customer's Material – The Firm reserves the right to reject any paper, cutter guides or other material supplied or specified by the customer which in the opinion of the Firm appear to be unsuitable and the Firm reserves the right to make an additional charge if material found to be unsuitable during production, to include the cost of supplying replacement materials. Materials supplied by the customer should be adequate to cover a fair and reasonable quantity of spoilage.
• 16. Ownership of the Work – Until the Firm has been paid in full for all work orders placed by the customer:
  • 16.1 The legal and beneficial ownership of all work shall remain with the Firm although risk therein passes to the customer at the point when the Firm notifies the customer that goods are ready for delivery or collection.
  • 16.2 The Firm may recover any work supplied to the customer at any time should any amounts be outstanding from the customer after the due date for payment has passed and the customer hereby authorises the Firm and its servants and / or agents to enter unhindered upon any land or building upon which the goods are situate and to supply details to the Firm and such other information as may reasonably be requested by the Firm.
  • 16.3 If the customer (being in professional control of said work) affects any sale or disposition there of, which confers with any rights of title in or against the work in favour of a third party, the customer shall, until all monies whatsoever and howsoever due by the customer have been paid, stand possessed of the proceeds of such a sale or disposition or of any right to receive the same as trustee for the Firm to apply the same and the satisfaction of any money due from the customer, such obligation being without prejudice to any other rights or remedy the Firm may have to proceed against the customer in respect of unpaid amounts.
  • 16.4 For so long as any work remain in the Firm legal and beneficial ownership and in the physical possession custody or control of the customer, the customer shall hold such work / goods as bailee for the Firm (not withstanding that such goods may be at the customers risk) and the customer shall at its own expense keep the work insured to its full value against all normal risks.
  • 16.5 If the customer does dispose of the work any warrantees, conditions or representations given made or implied by the customer to any third party shall not be binding on the Firm and the Firm shall by fully indemnified by the customer in respect thereof.
  • 16.6 If the customer incorporates such work into other products (with the addition of his work or goods or those of others) or uses such work / goods as materials for other products with or without such additions the property in those products is upon such incorporational use transferred to the Firm and the customer as bailee for the Firm will store the same in proper manner without charge to the Firm and in the event of such incorporational use this sub clause shall apply to those other products in place of the work / goods supplied to the Firm in their original form.
• 17. Unacceptable Matter – The Firm shall not be required to print any matter that in the opinion of the Firm is illegal, obscene, offensive or libellous or an infringement of the proprietary rights of any third party and the customer warrants that it owns, or has a licence in respect of, any intellectual property rights in the property supplied by the customer the Firm shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any matter arising in respect of the aforementioned and such indemnity, for the avoidance of doubt should include all and any legal fees incurred by the Firm.
• 18. Insolvency – If the customer ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due or are winding up petition, bankruptcy petition is issued against the customer the Firm without prejudice to any other remedies it may have shall have the right not to proceed further with any contract or work being undertaken on behalf of the customer and shall be entitled to charge for work already carried out whether completed or not and materials purchased in respect of the contract / work being undertaken for the customer and in respect of any unpaid debts due from the customer the Firm shall have a general lien on all such goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of twelve days notice to dispose of such goods or property in such manner at such price as the Firm thinks fit and apply the proceeds towards such debts due from the customer.
• 19. Force Majeure – The Firm shall be under no liability in respect of any breach of contract caused by any reason beyond its control including, but without limitation, acts of God, legislation, war, fire, flood, drought, failure of power supply, lock out, strike or other action taken by employees in contemplation of furtherance of a dispute, terrorist attack or owing to inability to procure any materials required for the performance of the contract.
• 20. Law – These clauses and conditions shall be governed and construed in accordance with the laws of England and the Courts of England shall have exclusive jurisdiction to determine any dispute relating thereto.