Terms and Conditions of Business
1. GR Photography is the trading name of Gavin Rathbone, whose address at which documents may be served is 1 Clapgate, Bredbury, Stockport, Cheshire, SK6 3DG
2. These Conditions shall be deemed to be incorporated in all contracts of GR Photography to sell goods and in the case of any inconsistency with any order or form of contract sent by the purchaser to GR Photography whatever may be their respective dates the provision of these Conditions shall prevail unless expressly varied in writing and signed by the proprietor of GR Photography.
3. Notwithstanding that GR Photography may have given a detailed quotation, no order shall be binding on GR Photography unless and until it has been accepted in writing by GR Photography. For the purposes of this clause and this clause only, writing may be by letter, fax or electronic mail. An order may be cancelled at any time before being completed by GR Photography or the customer giving written notice to that effect. GR Photography reserves the right to charge a cancellation fee where work has already been carried out on a job at the time of cancellation.
4. Any explicit and determined times or dates given for completion or delivery of goods shall be binding on GR Photography, insofar as GR Photography undertake to carry out additional work for the purchaser to the value of the order element of any goods not supplied on time. Such liability shall not extend to delays beyond the control of GR Photography including, without prejudice to the generality of the foregoing, defects in files or omissions of information, delays in approval of proofs, and non-performance of carriers.
5. By their nature goods do not have a redeemable value and no refunds or credits for goods correctly supplied will be entertained.
6. All goods shall be paid for at the time of order unless credit terms are stated on the invoice. Amounts outstanding at the expiry of this term are subject to accrue interest at a rate of 4% of the invoice total per month calculated daily. Invoices that have been raised including a discount are subject to discount being removed should the credit terms not be met.
7. (a) Any shortcomings or defects in goods supplied must be notified to GR Photography within 3 working days of delivery.
(b) Such goods must be returned to GR Photography for inspection. Nothing herein shall impose any liability upon GR Photography in respect of any defect in the goods arising out of the acts, omissions, negligence or default of the Purchaser, its servants or agents, including without prejudice to the generality of the foregoing handling and storage of the goods.
(c) Nothing herein shall have the effect of excluding or restricting the liability of GR Photography for death or personal injury resulting from its negligence insofar as the same is prohibited by statute, or under sections 12, 13, 14 and 15 of the Sale of Goods Act 1979 to a purchaser who is dealing with a customer as defined by section 12 of the Unfair Contract Terms Act 1977.
8. GR Photography shall not be liable for any costs, claims or damage arising out of any act of tort or omission or breach of contract or statutory duty calculated by reference to profits, income production or accruals or loss of such profits, income production or accruals or by reference to accrual of such claim, damages or expenses on a time basis.
9. The liability of GR Photography to the purchaser for any loss or damage of whatever nature and however caused shall be limited to the price of the goods.
10. If the purchaser shall be in breach of any of their obligations under the contract GR Photography may (without prejudice to GR Photography rights subsequently to determine the contract for the same cause should it so decide) suspend further deliveries of goods without notice until any defaults by the purchaser are remedied.
11. No statement, description, information, warranty or recommendation contained in any catalogue, price list, advertisement, website or communication, or made verbally by any agent of GR Photography, shall be construed to enlarge, vary or override in any way these Conditions.
12. Any concessions made or latitude allowed by GR Photography to the purchaser shall not affect the strict rights of GR Photography under the contract. If in any particular case any of these Conditions shall be held to be invalid or shall not apply to the contract the other Conditions shall continue in full force and effect.
13. Upon sight of artwork or image and at its sole discretion, GR Photography reserves the right to decline to print or work with any item it deems to be inappropriate. Any payments made for work rejected by reason of this clause will be refunded in full.
14. The contract shall in all respects be governed by English law and shall be deemed to have been made in England.