Crocodile Communication uk Ltd
Terms & Conditions
‘Crocodile Communication’ is Crocodile Communication UK Ltd
‘The Customer’ is the person or company for whom, or on whose behalf, the work is carried out. ‘The Work’ is the work supplied or carried out by Crocodile Communication pursuant to any contract made under these conditions.
Estimates for design, artwork and printing are strictly subject to sight of final copy, transparencies, diagrams, any other content material and final instructions from the client.
Quotations are fixed for two months from the date of issue. Beyond that period we reserve the right to amend them.
Unless otherwise specified, all quotations submitted are based on reasonable time schedules. In cases where the work is requested on a ‘rush’ or ‘overtime’ basis, any additional costs incurred due to such circumstances, will be reflected in our final invoice.
3. Modifications & Alterations
Modifications and alterations requiring additional work not allowed for in the original quotation may result in supplementary charges. Every effort will be made to intimate and agree these before proceeding.
A reasonable allowance for initial briefing and discussions is made in the quotation.
If extra meetings are called, then a supplementary charge may be made.
All relevant out-of-pocket expenses will be charged extra and will be subject to a small administration charge.
All accounts should be settled within 14 days of the invoice unless otherwise agreed.
If the work extends beyond one month, interim invoices will be issued at the end of each month relating to work done in that month, or on completion of relevant phases of the project.
All invoices are deemed to be accepted unless notice is received by Crocodile Communication within seven days of receipt of the invoice. Should any invoices not be paid within 30 days, we reserve the right to charge interest at the maximum rate permitted by law.
If we are forced to retain solicitors to collect our invoices, such fees and court costs that may be necessary, as well as any interest rate charges incurred, will become payable.
Premature cancellation of any confirmed order by the customer will entitle us to payment for all services rendered up to and including the date of termination.
Proofs of all work may be submitted for customers’ approval and Crocodile Communication shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customers alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to Crocodile Communication’s judgment, changes there from made by the customer shall be charged extra.
10. Intellectual property rights
Crocodile Communication will be the owner of all intellectual property rights concerning any original work it creates including but not limited to, designs, computer programmes, software and documentation. Whole title and interest in any said creations will remain with Crocodile Communication unless Crocodile Communication agree to waive its moral rights, if any, pursuant to sections 77 to 83 inclusive of the Copyright Designs and Patents Act 1988 in favour of the customer.
11. Delivery and Payment
(a) Delivery of work shall be accepted when tendered to the customer and thereupon or, if earlier, on notification that the work has been completed, the risk therein shall pass to the customer and payment shall become due to Crocodile Communication.
(b) Until such time as payment in full is made to Crocodile Communication in accordance with these conditions and title of the work has passed to the customer, the customer shall hold the work as trustee, but not as agent, for Crocodile Communication and shall ensure that the work shall be stored separately from any other property of the customer or from any property belonging to a third party and held by the customer and shall be clearly identifiable as the property of Crocodile Communication. At any time prior to title to the work passing from Crocodile Communication in accordance with these conditions, Crocodile Communication shall be entitled to demand to recover possession of the work or any of it and, for this purpose, shall be entitled to enter upon the customers premises (or any other premises where the work is stored) during normal business hours for the purpose of removing such work from such premises. These conditions constitute an authority for any third party authorised by Crocodile Communication to exercise our rights hereunder.
Crocodile Communication uk Ltd
Terms & Conditions Continued.
12. Design Credits
We reserve the right to claim authorship of all designs for which we have been responsible and to reproduce any works in a reasonable way for our own marketing purposes.
13. Printed Specimens
We are entitled to receive a reasonable number of printed specimens of all designs for our files and for our own promotional purposes.
14. License agreements
(a) Each License granted under this Contract is non-transferable and non-exclusive and the Buyer has no right to grant any sub-license.
(b) Each software program and other intellectual property rights in it remains the property of Crocodile Communication or its licensor and the Buyer shall acquire no rights in respect of any of the programs nor may the Buyer in any circumstances take any copies of any of the programs.
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Crocodile Communication and the carrier within three clear days of delivery (or in the case of non-delivery, within 14 days of despatch of the goods) and any claim in respect thereof must be made in writing to Crocodile Communication and the carrier within seven clear days of delivery (or in the case of non-delivery, within 21 days of despatch) all other claims must be made in writing to Crocodile Communication within 14 days of delivery. Crocodile Communication shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
(a) Crocodile Communication shall not be liable for any loss, whether direct, indirect, consequential or otherwise, or third party claims occasioned by any failure to complete or delay in completing the contract or failure of or any delay in delivery.
(b) Where any work is defective for any reason, including negligence, Crocodile Communication’s liability (if any) shall be limited to rectifying such defect.
(c) While Crocodile Communication takes every reasonable care to ensure the quality of its software it is impossible to eliminate the risk that computer software may develop faults or viruses or in unforeseen circumstances perform in a manner not anticipated by the Seller of it and Crocodile Communication will not be liable for any loss of business incurred through this process.
17. Materials supplied by the customer
(a) Crocodile Communication may reject any paper, plates or other materials supplied or specified by the customer, which appear to Crocodile Communication to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by Crocodile Communication in ascertaining the suitability of the materials then that amount shall not be charged to the customer.
(b) Where materials are so supplied or specified by the customer, Crocodile Communication will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
(c) Quantities of materials supplied by the customer shall be adequate to cover normal spoilage.
If any monies due to Crocodile Communication be overdue or if the customer should enter into a composition or other arrangement with or for the benefit of its creditors or becomes apparently insolvent within the meaning of the Bankruptcy (Scotland) Act 1985 or a petition for bankruptcy order to be made against the customer is presented to a Court or, being a body corporate, a receiver is appointed over the whole or part of the customers property or undertaking or a petition is presented for the making of an administration order or winding up order in respect of the customer or the customer passes a resolution for the winding up of the customer or a proposal is made for the making of a voluntary arrangement in respect of the customer then Crocodile Communication shall, without prejudice to other remedies available to Crocodile Communication (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to Crocodile Communication, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in Crocodile Communication’s possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as Crocodile Communication thinks fit and apply the proceeds to such debts.
19. Illegal Matter
(a) Crocodile Communication shall not be required to print any matter which in Crocodile Communication’s opinion is or may be of an illegal, defamatory or libelous nature or an infringement of the proprietary or any rights of any third party. (b) Crocodile Communication shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libelous matter or any infringement of copyright, patent, and design or of any other proprietary or personal rights contained in any materials printed for the customer. The indemnity shall extend to any amounts paid on legal advice in settlement of any claim.
20. Periodical Publications
A contract for the printing of a periodical publication may not be terminated by either party unless 13 weeks notice is given in the case of periodicals produced monthly or more frequently or 26 weeks notice in writing is given in the case of other periodicals. Notice may be given at any time but wherever possible should be given after completion of work on any one issue. Nevertheless, Crocodile Communication may terminate any such contract forthwith should any sum due thereunder remain unpaid.
This contract shall be construed according to, and governed by Scottish Law; the parties moreover agree to submit to the exclusive jurisdiction of the Scottish Courts in any dispute or difference of any kind that may arise concerning the contract.
22. Force Majeure
Crocodile Communication shall have the right to cancel or delay deliveries or to reduce the quantity of goods delivered and shall under no circumstances be responsible for failure or delay in performing or fulfilling any contract or otherwise failing to implement its obligations to the customer if such failure or any delay shall be due to any cause of circumstance beyond the control of Crocodile Communication. Subject to the foregoing the occurrence of such circumstances or events will not operate so as to effect or suspend any other rights or obligations of either party hereunder.
23. Payments & Refunds
All payments are non refundable, any payments made are assumed to be confirmation of completion & signed off and are non -refundable.
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