Terms of Business
All Services and/or Goods are supplied subject to the following terms:-
1. QUOTATIONS
a. Any order resulting from a quotation or the submission of a current price from ib3 Limited (herein after referred to as "ib3") shall be subject to these terms and conditions, any variation is only valid if accepted in writing by ib3.
b. Quoted prices are usually valid for 30 days but are subject to any material costs and sight of copy or brief.
2. PRICES
a. Quoted prices are subject to alteration between date of acceptance and completion of order in the event of ib3's costs being increased, except through any happening or event within ib3's direct control.
3. DELIVERY.
a. All dates quoted for delivery are approximate and, whilst every effort will be made by ib3 to ensure delivery dates are met, ib3 shall be under no liability for failure to deliver on the quoted date.
b. Where expedited delivery is required and increased costs are incurred, these will be the responsibility of the Buyer (herein after referred to as "client") and invoiced accordingly.
c. Should work be suspended, either at the direct request of the client, or simply through inactivity, or delayed through any default of the client for a period of 30 days ib3 will be entitled to invoice for work already carried out and materials used.
4. TERMS OF PAYMENT
a. Payment shall be made in full within 30 days from date of invoice, unless otherwise agreed to the contrary. Any discrepancies on invoices must be advised to ib3, in writing, within 14 days from the date of invoice.
b. Website work terms: 30 days (50% on confirmation of order and final balance invoiced on satisfactory completion). Larger projects may be spread into more stage payments. In the event of any lengthy delays (outside of ib3’s control), We also reserve the right to invoice any outstanding ‘work-to-date’ at the end of each calendar month.
c. Any discrepancies on invoices must be advised to ib3, in writing, within 14 days from the date of invoice.
d. Should payment terms be exceeded ib3 reserves the right to charge the Client interest at a rate of 1.5% per month above the base rate set by NatWest Bank.
5. CLAIMS
a.ib3's liability in respect of any failure of the Goods and/or Services to be of contract description or quality is limited to the express provisions of this clause. ib3's warranty under this clause is in lieu of any warranties, conditions or undertakings, whether express or implied by statue or law or otherwise, save those implied warranties, conditions and terms that cannot be excluded by virtue of statute or law.
b .ib3 takes all possible care to ensure that the Goods and/or Services are to contract description and quality but defects, errors and shortages sometimes occur. If the Client wishes to make a complaint that the Goods and/or Services are not to contract description or quality, it must do so in writing so that ib3 receives its complaint within 14 days of delivery to the Client of the Goods. If the Client fails to make its complaint in writing and within the strict time limit, ib3 shall be entitled to reject its complaint without further investigation. If the Client makes its complaint in writing and within the strict time limit, ib3 shall investigate its complaint within a reasonable time and the Client shall allow ib3 facilities to inspect the Goods. If the Goods and/or Services are not contract description or quality (and if ib3 has not rejected the Client's complaint because it was not made in writing or within the strict time limit), ib3 may at its sole and unfettered discretion;
i.replace the Goods and/or Services, or
ii.accept the return of Goods and/or Services in which case it shall credit the Client with the Contract price: or
iii.credit the Client with an amount equivalent to the difference between the value of the Goods and/or Services at the time the Clients makes its complaint and the Contract price, in which case, the Client shall then pay the Contract price (subject to such credit) in accordance with the terms of payment above.
6. LIABILITY
Every effort will be made to carry out intending Client's requirements, but
a. ib3 shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or any loss arising from delay in transit; and
b. where work carried out by ib3 is defective for any reason, including negligence, ib3's liability (if any) shall be limited to rectifying such defect.
c. ib3 will endeavour to ensure accuracy in the preparation of copy. However, some errors may occur and therefore, all proofs must be checked very carefully before the Client passes for print. Any liability for overlooked corrections will remain the Client's responsibility and all subsequent expenses will be invoiced accordingly.
7. OWNERSHIP AND RISK
The risk in the Goods and/or Services passes to the Client upon delivery and the Client shall insure the Goods and/or Services from such time against fire, water damage, theft and other usual risks at the full invoice price thereof to the Client, but legal and beneficial ownership shall remain with ib3 until full payment has been received.
8. CLIENT 'S PROPERTY
No liability is accepted by ib3 for any loss or damage to a client 's artwork, digital media or any other property, however arising otherwise than from gross negligence of ib3.
9. FORCE MAJEURE
Every effort will be made to carry out the contract but its due performance is subject to cancellation by ib3 or to such variation as it may find necessary as a result or inability to secure labour, materials or supplies or as a result of and Act Of God, War, Strike, Lockout or other labour dispute, Fire, Flood Drought, Legislation or other cause (whether of the foregoing class or not) beyond ib3's control.
10. LAW
These Conditions and all other express terms of the contract shall be governed and construed within the Laws of England.