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Terms and Conditions

8 Nov 2016, 8:35 AM

 

The following Terms and Conditions apply to all products and services provided by 34BC Ltd (henceforth

referred to as Werxco). Werxco reserves the right to change any rates and any of the Terms and Conditions at

any time and without prior notice.

General

All work is carried out by Werxco on the understanding that the client has agreed to Werxco's terms and

conditions.

Copyright is retained by Werxco on all creative design work including campaign advertising slogans, pictures,

ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of design is presented, only one solution is deemed to be given by Werxco as fulfilling the

contract. All other designs remain the property of Werxco, unless agreed in writing that this arrangement has

been changed.

All vehicles and/or property left overnight in or on the premises of Werxco must be insured by the customer.

The customer accept that vehicles or property whilst on-site at Werxco in non-business hours are left at their

own risk and that Werxco accept no liability for any damage.

All prices quoted exclude Value Added Tax (VAT) unless otherwise stated.

Please note that all proofs are for reference only and will not necessarily reflect the exact size, proportion or placement of any artwork. Proofs are for visual purposes only.

Project Acceptance

At the time of proposal, Werxco will provide the client with a written estimate or quotation. The terms and

conditions are attached to the quotation email with highlighted key terms in the email body and will be

available here.

The client may send an official order (in the form of a Purchase Order) in reply to the estimate or quotation if

they have an agreed credit limit with Werxco, or an email acknowledging acceptance of the quotation, which

binds the client to accept Werxco’s terms and conditions.

No work on a project will commence until acceptance of the quotation has been received by Werxco.

Payment

All accounts with Werxco are deemed as cash accounts unless customers have been issued a credit account

with an agreed limit.

Payments may be made by online transfer (BACS), cash, card or cheque. Any BACS payment must include a

Remittance Note sent to info@werx.co. Publication and/or release of work undertaken by Werxco on behalf of

the client may not take place before cleared funds have been received.

Due to the nature of any bespoke orders, invoices may be raised prior to job completion and full payment

may be required to cover such costs as material and labour. All invoices must be paid within 30 days of issue

date. All credit account payment terms are expressed as days from invoice date.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice.

Werxco reserves the right to consider an account to be in default in the event of a returned cheque.

Werxco shall be considered entitled to withhold Werxco and/or the client's material until the amount due has

been fully paid. This includes any and all unpaid monies due for services, including, but not limited to,

creative design work, signage solutions, subcontractors and suppliers, printers, photographers and all

libraries.

Removal of such materials does not relieve the client of its obligation to pay the due amount. Clients whose

accounts become default agree to pay Werxco reasonable legal expenses and third party collection agency

fees in the enforcement of these terms and conditions.

Colour Management

Due to the limitations and the sensitivity of the various substrates used within the sign industry it is impossible

to reproduce all colours exactly. Therefore, in the absence of the customer to select the appropriate colour

match, reproduction is at our discretion.

Please note it is a manufacturer’s recommendation that all digitally printed media is left for a minimum of 48

hours to air. This is to allow the correct release of the solvents used within the process. Werxco will not be

held responsible for the subsequent failure of the media if forced by the customer’s own deadlines to operate

outside of this recommended timeframe.

Werxco accept no responsibility for the damage and/or problems occurring from the use of customer's own

material.

Copyrights and Trademarks

By supplying text, images and other data to Werxco for inclusion in the client's business material or other

medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The

ownership of such materials will remain with the client, or rightful copyright or trademark owner.

Any artwork, images, text supplied, signage solution supplied and/or designed by Werxco on behalf of the

client, will remain the property of Werxco and/or its suppliers in accordance with the Copyright, Designs and

Patents Act 1988.

The client may request in writing from Werxco the necessary permission to use materials (for which Werxco

holds the copyright) in forms other than for which it was originally supplied, and Werxco may, at its discretion,

grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork,

images, text, or other data to be used.

By supplying images, text, or any other data to Werxco, the client grants Werxco permission to use this

material freely in the pursuit of the design.

Should Werxco or the client supply an image, text, or any other file for use in a print item, sign, exhibition,

advertisement or any other medium believing it to be copyright and royalty free, which subsequently

emerges to have such copyright or royalty usage limitations, the client will agree to allow Werxco to remove

and/or replace the file on the site.

The client agrees to fully indemnify and hold Werxco free from harm in any and all claims resulting from the

client in not having obtained all the required copyright, and/or any other necessary permissions.

Alterations & Amendments

The client agrees that changes required over and above the estimated work or required to be carried out

after acceptance of the draft design will be liable to a separate charge. The client also agrees that Werxco

holds no responsibility for any amendments made by any third party before or after a design is published.

Licensing

Any design, copywriting, drawing, idea or signage created for the client by Werxco, or any of its contractors,

is licensed for use by the client on a one-time only basis and may not be modified, reused, or redistributed in

any way or form without the express written consent of Werxco and any of its relevant subcontractors and

suppliers.

All design work - where there is a risk that another party make a claim - should be registered by the client

with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its

use.

Werxco will not be held responsible for any and all damages resulting from such claims. Werxco is not

responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The

client agrees not to hold Werxco responsible for any such loss or damage. Any claim against Werxco shall be

limited to the relevant fee(s) paid by the client.

Rights of Refusal

Werxco will not include in its designs, any text, images or other data which it deems to be immoral, offensive,

obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising

standards authorities.

Werxco also reserves the right to refuse to include submitted material without giving reason.

In the situation where any images and/or data that Werxco does include in all good faith, and subsequently

discovers is in contravention to such terms and conditions, the client is obliged to allow Werxco to remove

the contravention without hindrance, or penalty. Werxco is to be held in no way responsible for any such

data being included.

Cancellation

Cancellation of orders may be made initially by telephone contact or notification made in person at Werxco’s

office, however, following this, Werxco will need formal notification in writing to the company's postal address

or to info@werx.co

The client will then be invoiced for all work completed over and above any non-refundable deposit that will

have been made at the time of first ordering. The balance of monies due must be paid within 30 days of the

invoice date.

Please note: any cancellation which is not formally confirmed in writing and received by Werxco within 14

days of such instruction being issued, will be liable for the full quoted cost of the project.

Project Duration

Any indication given by Werxco of a project's duration is to be considered by the client to be an estimate.

Werxco cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration

should be deemed to be from the date that cleared funds are received by Werxco for the initial payment or

by date confirmed in writing by Werxco.

Disclaimer

Werxco makes no warranties of any kind, express or implied, for any and all products and/or services that it

supplies. Werxco will not be held responsible for any and all damages resulting from products and/or services

it supplies.

Werxco is not responsible for any loss, or consequential loss of data, or non-delivery of products or services,

of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept

no responsibility for the performance or quality of materials or any consequential loss arising from their

failure.

The client agrees not to hold Werxco responsible for any such loss or damage. Any claim against Werxco

shall be limited to the relevant fee(s) paid by the client.

Werxco reserves the right to use the services of subcontractors, agents and suppliers and any work, content,

services and usage is bound by their terms and conditions. Werxco will not knowingly perform any actions to

contravene these and the client also agrees to be so bound.

Werxco and its clients agree to comply with printers’ terms and conditions which include disclaimers for

non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Werxco

recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made

available should the job be delayed.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by Werxco, by email, verbally or in

writing, is deemed to be acceptance of these terms and conditions.

An estimate validated by confirmation of approval to proceed with the project by the client by e-mail or in

writing constitutes acceptance of the estimate or quotation and agreement to comply fully with all the terms

and conditions and forms a Contract for Business between the signatory and Werxco.

CREATIVE DESIGN SERVICES

Charges for creative design services to be provided by Werxco will be set out in the written estimate or

quotation that is provided to the client.

Charges for creative design work do not cover the release of copyright design files including indd, psd, png,

eps, jpg or any other source files; if the client requires these files they will be subject to a separate quotation

or ‘buy-out’ charge.

Publication and/or release of work done by Werxco on behalf of the client may not take place before cleared

funds have been received.

All design work will be proofed by the client and written approval given before Werxco will release it for

publication or print. Whilst all efforts will be made by Werxco to ensure the accuracy of work, no liability can

be accepted by Werxco for errors not highlighted by the client prior to written approval for publication or

print.

Data Formats & File Storage

The client agrees to Werxco’s definition of acceptable means of supplying data to the company.

Text is to be supplied to Werxco in electronic format as standard text (.txt), MS Word (.doc & docx), Rich Text

Format(.rtf), Open Document Format(.odf) on CD-ROM, Memory card, USB Drive, File Transfer Service or via

e-mail/FTP.

Images which are supplied in an electronic format are to be provided in a format as prescribed by Werxco via

CD-ROM, or e-mail FTP. Images must be of a quality suitable for use without any subsequent image

processing, and Werxco will not be held responsible for any image quality which the client later deems to be

unacceptable.

Werxco cannot be held responsible for the quality of any images which the client wishes to be scanned from

printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to,

photography and art direction, photography searches, media conversion, digital image processing, or data

entry services, colour correction and alteration of images.

Werxco will where possible keep an electronic copy of all artwork on their system for as long as they deem

reasonable. Copies of data held may be requested by the client at any point and Werxco may make them

available, reserving the right to charge for any time taken in data retrieval at a cost equal to their standard

creative hourly rate plus the cost of any storage media required. Werxco accept no liability for any loss of any

data files, nor any costs of their recreation or replacement.

Design Credits

The client agrees to allow Werxco to place a small credit in the form of a link to Werxco’s own company name

on the client's product. This will usually be in the form of a small logo or line of text placed towards the

bottom of the product.

The client also agrees to allow Werxco to place websites and other designs, along with a link to the client's

site on Werxco’s own website for demonstration purposes and to use any designs in its own publicity and

portfolios.

CLOTHING SERVICES

Please Note: Werxco accepts no responsibility for damage, mistake or error on clients own garments. Orders

taken for work on clients own garments will be at their risk. No refunds or discounts will be applied to any

damaged goods.

Amendments

Any changes in quantity ordered must be made in writing to us prior to commencement of processing. Any

increases in the order must be regarded as a separate contract unless written notification is received before

work commences on the original order.

Werxco will not be responsible for items that are out of stock. While we check items we know to have

potential stock issues, all garments are ordered after your order is placed, and we cannot guarantee their

availability. If items are out of stock, we will provide you with a list of possible replacements and get it

approved by you before using your chosen item.

Complaints and Refunds

Werxco requires any printing to be returned in full before agreeing to reprint. If Werxco deem the printing to

be of sufficient quality, and within tolerance we reserve the right to return the goods and refuse a reprint or

refund.

All defective work must be returned to us before replacement, if the subject work is not available we will

assume that it has been accepted and no replacement will be provided.

Complaints must be made within 48 hours of receiving your goods. Any complaints made after this time

period are void of any right to refund or reproduce.

There is no way to effectively and efficiently measure distances on clothing items individually as each

garment is loaded onto the press by hand. Werxco ensure as many quality control checks are in place as

possible to result in a consistent print and/or embroidery across all clothing garments. Any deviation between

clothing garments will not be considered a misprint and Werxco will not reprint or refund these items.

Werxco is not responsible for manufacturer defects such as colour inconsistencies, stitching errors,

mislabeled garments, loose/inconsistent stitching, and/or garment defects (holes in garments, ripped seams,

etc.). We try our hardest to inspect the garments as we print them, but we cannot guarantee each garment.

We are not the manufacturers of these garments, so Werxco cannot ensure their construction. We highly

recommend ordering 5% extra of each size if an exact count is important.

Garment Proofs

Please inspect and read thoroughly as all proofs, once passed, are deemed correct and ready to go to

production, and the responsibility passes to the client. Please note that all proofs are for reference only and will not necessarily reflect the exact size, proportion or placement of any artwork. Proofs are for visual purposes only.

Artwork must be checked for spelling, colour, sizes ordered, placement of the art and accuracy of artwork by

the client. Please also ensure that the thread and/or heat press coloured provided on the proof is acceptable

as once approved Werxco will not be held responsible for an incorrect colour.

Werxco will not accept responsibility for corrections not implemented and/or requested after artwork

approval. Any modifications requested after client approval will result in production delays and additional

expenses for which the client will be invoiced accordingly. Any delays in the approval process longer than 24

hours after receipt of the proof can/will result in production delays.

VEHICLE GRAPHIC SERVICES

Vehicle Condition

To achieve maximum results, all vehicles must arrive clean, free from grease, stains and dirt and free from

existing graphics. There will be a charge levied if Unique Signs ltd has to clean and prepare the vehicle prior

to the installation of graphics. This will be charged at our normal hourly rate.

Client agrees to have all vehicles delivered for wrap installation at client’s sole cost and expense, damage

free, washed, and dried and in a ready to install condition. Neither Werxco nor its subcontractors and/or

suppliers shall be responsible for any damage sustained to any vehicle prior to delivery. Any damage

sustained to a vehicle prior to delivery will be noted by Werxco and/or its subcontractors and suppliers upon

delivery and such damage will excuse and invalidate the warranty provided by Werxco.

Werxco shall have no obligation to install any wrap upon a damaged vehicle unless instructed by client to do

so otherwise in which case client waives and releases Werxco from any warranty provided herein.

Please Note: If a vehicle is not delivered to the designated location in a washed, dried and ready to install

condition, Werxco shall charge a cleaning cost of £50 per man hour for their time incurred, plus the cost of

any professional cleaning services that they deem appropriate, plus the cost of any cleaning materials and

chemicals required. Werxco cannot be held responsible for any delays or consequential costs that may result

from vehicles supplied in an unfit condition.

Vehicle Preparations

Prior to any vehicle wrap, Werxco may need to temporarily remove parts of the vehicle in order to apply the

graphics. The client understands that this is a necessary task and take full responsibility for any damage or

breakage. All reasonable precautions will be taken by Werxco to avoid such an occurrence.

Appearance and Alterations

Client understands that the product purchased is a vehicle wrap and/or vehicle graphics. It is also understood

that unlike a respray or painted service on a vehicle, there can and will be seams, joins and patches that are

necessary to cover entire vehicle, it’s contours and irregularities. It is also understood that upon approval of

final graphic proofs, some changes to the finalised artwork may be necessary at time of installation to allow

the vehicle wrap to fit the vehicle’s shape. Client authorises Werxco to make such necessary changes.

On-site Installations

In the event that an on-site installation is scheduled by the client, any and all down time will be billed at

£50.00 per man hour. All clients specified installations will be subject to approval based on location, weather,

and availability. Any and/or all aspects of client installation location that do not meet 3M’s, Arlon, or Avery

warranty standards will be subject to a loss of warranty of product and installation. Werxco’s installers and

fitters retain the right to refuse to carry out works on site without explanation or reason.

Collection or Delivery

Client shall pick up and take delivery of any vehicle when the wrap installation has been completed at its sole

costs and expense. Client shall bear all risk of loss for any vehicle after completion of the wrap installation.

Any vehicle not collected after completion and on agreed date (specified via written letter or email) will be

subject to an additional charge and storage fees in the amount of £35.00 per day.

 

 

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