Terms of Business
1. In these terms and conditions the following definitions apply:
1.1 The Company means Ian Pack Photography, The Pack Shot Co., trading names of Ian Pack.
1.2 Picture includes a photograph, transparency, negative, design, artwork, painting, montage, drawing, engraving, image on computer, video or laser disc, or on magnetic tape or transmitted electronically in analogue or digital form or stored in a retrieval system, or any item which the Company may offer for the purpose of reproduction.
1.3 Agreement means the Client’s agreement to these terms and conditions whether specifically agreed or arising from placing an order or commission, whether verbally or in writing.
1.4 Reproduction includes any form of copying or publication of the whole or part of any picture whether by printing, photography, slide projection (whether or not to an audience), xerography, artist’s reference, artist’s illustration, layout or presentation, electronic, digital or mechanical means or by any other means now or not now known. Reproduction further includes the use of or reference to the whole or part of any picture in the creation of another picture, which may be completely different from the original picture, in particular when such difference is caused wholly or partly by computer, electronic, digital, mechanical or any other means.
2. The Company shall not be responsible for any damage to or loss of originals or other article entrusted to the Company unless such damage or loss has been occasioned by the negligence of the Company, or any of its servants. In that event the Company will recompense the Client by paying no greater sum than £1.00 for each original or other article damaged or lost.
3. The Company shall not be responsible for any loss suffered by a Client arising from error, omission or delay, Act of God, strike or other labour disturbance, severe weather condition, riot or civil disturbance or force majeure beyond the control of the Company in fulfilling any order or commission. The Company’s liability shall be limited to the return of the Client’s deposit. No amendment to an order or commission shall be effective unless confirmed by the parties in writing.
4. All quotations of prices and delivery dates are subject to confirmation by the Company at the time of placing an order. The Company reserves the right to alter the price and/or terms of a quotation if, on inspection of a Client’s order instructions, they differ significantly from the specification understood by the Company when the quotation was given.
5. No contract undertaken by the Company will be understood to be subject to any specific time limit unless agreed in writing at the time of the acceptance of the order or commission.
6. It is understood that the placing of an order or commission constitutes a warranty by the Client that he is entitled to the copyright in any pictures made available to the Company by the Client for the purpose thereof and that he has secured all necessary authority and permission in respect of the use thereof and that the Client will keep the Company indemnified from all liability to costs, damages or other charges arising from such use.
7. In the absence of written agreement to the contrary, the copyright in a photograph taken by the Company as a result of a commission by a Client is vested in the Company. All negative and positive film or digital originals and rights to images thereon remain the property of the Company unless the Client specifically agrees to purchase these.
8. Reproduction rights are strictly limited to the use, medium, period of time and territory specified on the Company’s estimate or invoice. This does not grant the right to use that picture in any manner, directly or indirectly (such as in any photograph or illustration of such product), in the advertising or promotion of such product unless such right is specifically granted.
9.1 Reproduction rights granted may not be assigned. They are personal to the Client. Any picture submitted the Client may not be loaned or transferred to third parties except for the purpose of reproduction by the Client as authorised by the Company.
9.2The Client agrees to indemnify the Company in respect of any claims or damages or loss or any costs arising in any manner whatsoever from the unauthorised use of any picture supplied to the Client by the Company.
10. The Company shall not be liable for any loss or damage suffered by the Client or by any third party arising from any defect in any picture or its caption or in any way from its reproduction.
11. Unless specified in writing no warranty is given by the Company as to the existence of or validity of model releases in respect of any picture. The Company shall not be liable for the absence of such release or for any defect in any existing releases.
12. The Company gives no rights or warranties with regard to the use of names, trade marks, registered or copyright designs or works of art depicted in any picture and the Client must satisfy himself that all the necessary rights or consents as may be required for reproduction are obtained.
13. The Client shall indemnify the Company against any loss suffered by the Company for pictures which have been reproduced without effective releases, rights or consents.
14. Reproduction rights are not granted exclusively to the Client except when such exclusivity is expressly specified in any document from the Company.
15. Unless otherwise agreed in writing, all pictures reproduced by the Client should show the international © copyright symbol and the credit line Ian Pack, The Pack Shot Co 07710 814 665 or any other credit line which shall be specified by the Company.
16. All orders are accepted on the understanding that every effort will be made to obtain an accurate colour balance of the subjects to be photographed but it is impossible to guarantee an accurate colour balance will be obtained, and the Company will not be liable in respect of any such failure.
17. No colours or dyes are absolutely light fast. Although colour pictures are stabilised to give maximum resistance to fade, no warranty, expressly or implied is given in respect of permanence.
18. Proofs of all work may be submitted for customer’s approval and the Company shall incur no liability for any errors not corrected by the customer in proofs submitted. Customer’s alterations and additional proofs necessitated shall be charged extra. When style, type or layout is left to the Company’s judgement, changes therefrom made by the customer shall be charged extra. Author’s corrections, including alterations in style, and the cost of proofs necessitated by such corrections shall be charged extra.
19. Variation in Quantity. For lithographic printing the Company reserves the right to supply 10% over or under the quantity ordered without reference to the client. The actual amount delivered will be invoiced accordingly.
20. In case of any complaint or dispute, the Client shall inform the Company in the first instance in writing and not any other party within three days of receipt of the goods. Failure to do so will be considered to be a breach of contract.
21. Preliminary work carried out, experimentally or otherwise at the customer’s request, will be charged. Where an estimate or quotation is taken up, The Company reserve the right to charge an administration fee of not less than £100.00 to cover expenses incurred.
22. All sizes are approximate.
23. Alterations in colour balance are possible. If close matching is required, colour guides should be supplied; in the absence of colour guides, pictures will be processed to give a neutral colour balance at the discretion of our technicians.
24. New Clients shall pay 50% of the total invoice with order, the balance on delivery. Strictly net fourteen-day account upon receipt of two satisfactory trade references. Clients failing to pay any and all outstanding amounts within the fourteen-day or other agreed credit period will be considered to be in breach of contract. The Company reserve the right to charge up to 10% late payment charge on all late remittances, with a minimum charge of £25.00.
25. The Company reserve the right to charge interest on late payments in accordance with the terms laid down by The Late Payment of Commercial Debts (Interest) Act 1998. The client shall be liable for all costs including legal costs incurred in the collection of sums due to the Company.
26. The Company have a minimum invoice charge of £20.00.
27. Prices may be subject to change without prior notice.
28. Title in goods, material or pictures does not transfer until such time that all outstanding accounts are paid in full.
29. In the event of cancellation being notified less than seven days before the commencement of a contract, the Client shall pay the Company a sum equal to the estimated value of the contract.