One Vision Imaging Ltd. Terms and Conditions
1) Membership of the PPLA
ONE VISION IMAGING is a member of the Professional Photographic Laboratories Association ("PPLA") and as such is bound by and conforms strictly to the PPLA Code of Business Practise. A copy of the Code of Practise can be viewed at ONE VISION IMAGING on request.
2-1 The placing of an order by a client and the acceptance of that order by ONE VISION IMAGING brings into being a contract on the terms set out in the following paragraphs.
2-2 In addition to these terms any special terms agreed between ONE VISION IMAGING and the Client before signing the 'Order Form' shall apply. It is however the intention that only terms recorded in writing on the 'Order Form' will apply.
2-3 All orders shall be in writing either on an ONE VISION IMAGING 'Order Form' or the Client's official order form, envelope or letterhead, and shall be signed by or on behalf of the Client by an authorised representative.
2-4 In exceptional circumstances and entirely at its own discretion ONE VISION IMAGING may accept an order given orally by an existing or former Client who has in the past had notice of these terms. These terms shall apply equally to an order given and accepted orally.
2-5 In the case of ONE VISION IMAGING accepting an order given orally, the Client shall confirm the order in writing as soon as practical. In the absence of written confirmation ONE VISION IMAGING will not accept liability for any error in executing the order which arises as a result of misunderstanding or mishearing caused by the order being given orally.
2-6 ONE VISION IMAGING reserves the absolute right to refuse to accept any order whatsoever and for whatever reason, particularly in cases where ONE VISION IMAGING has reason to believe that acceptance and execution of the order will lead to a breach by it of the laws of obscenity, libel or copyright, or to the aiding and abetting or condoning of such a breach by any other party.
3) Price & Payment
3-1 The price payable by the client for the order shall be in accordance with ONE VISION IMAGING's price list at the time of acceptance of the order. ONE VISION IMAGING reserves the right to alter its price list at any time and without notice.
3-2 The price list published from time to time is exclusive of VAT which is added at the current applicable rate to all charges.
3-3 ONE VISION IMAGING reserves the right to make additional charges when completion of an order is requested in less than normal delivery times.
3-4 Payment terms shall be 'Cash with Order' or 'Cash on Delivery' at the discretion of ONE VISION IMAGING unless a credit account has been agreed by ONE VISION IMAGING.
3-5 Subject to satisfactory status ONE VISION IMAGING will give monthly credit account facilities. The continuance of account facilities will be kept under review with the value of the orders per month and the manner in which the account is conducted. Withdrawal of account facilities from the Client shall be at the absolute discretion of ONE VISION IMAGING.
3-6 All accounts shall be settled in full by the Client within 30 days of the date of the invoice or at a time agreeable and accepted in writing by both ONE VISION IMAGING and the Client.
3-7 Any account with an outstanding balance which is overdue by more than 60 days will be referred to the 'PPLA Credit Reference Service'. This may affect your credit rating and may lead to court action.
3-8 ONE VISION IMAGING reserves the right to charge the Client interest on invoices which have not been paid within 30 days of the due date for payment until payment in full at 1% above [HSBC] Bank Plc's base rate from time to time.
3-9 All cheques shall be payable to ONE VISION IMAGING. In the event of a cheque not being honoured on first presentation for whatever reason, ONE VISION IMAGING reserves the right to charge an administration fee for each subsequent re-presentation of the cheque.
4-1 ONE VISION IMAGING will take all reasonable care in the handling and processing of all materials belonging to the Client.
4-2 Subject to paragraphs 4(3) and 4(4) below, ONE VISION IMAGING's liability for loss of or damage to the Client's materials, shall be limited to such loss or damage which was reasonably foreseeable at the time the order was placed.
4-3 Where original materials are deposited with ONE VISION IMAGING it shall be the Client's responsibility to inform ONE VISION IMAGING of the value of such materials either before or at the time of deposit. If the Client fails so to inform ONE VISION IMAGING, ONE VISION IMAGING's liability for loss of or damage to any such materials shall not exceed £50 per item.
4-4 Where original materials are submitted to ONE VISION IMAGING on computer disk or other electronic or digital erasable media of which the Client does not have another copy, the Client shall inform ONE VISION IMAGING of that fact either before or when the materials are submitted. If the Client fails so to inform ONE VISION IMAGING. ONE VISION IMAGING's liability for loss of or damage to any such materials shall not exceed £50 per item.
4-5 ONE VISION IMAGING shall not be liable for any loss or damage suffered by the Client or any third party through any reasonable or avoidable delay in completing the order howsoever caused.
5) Accuracy of Size & Colour Matching
5-1 Sizes quoted are not precise. It is the Client's responsibility to inform ONE VISION IMAGING at the time of ordering if any dimensions are critical.
5-2 The Client must accept that close colour matching is subjective and that totally accurate colour matching to 100% fidelity is rarely possible. However, ONE VISION IMAGING will endeavour to achieve the closest possible colour match within the limitation of materials and processes used. Where accurate colour matching is essential, the Client shall provide sample materials for use by ONE VISION IMAGING as colour matching guides.
6) Copyright & Warranties
6-1 It shall be the responsibility of the Client to ensure that all materials presented for processing, printing, copying, duplicating, restoration or any other process of reproduction ("the Material") are free from any third party claims for breach of copyright or licence.
6-2 By placing an order with ONE VISION IMAGING the Client certifies and warrants that: (i) no copyright exists in the Material; or (ii) the Client is the owner of the copyright in the Material and that any reproduction by ONE VISION IMAGING will not infringe the rights of any existing licensee: or (iii) the Client has the valid authority of the copyright owner (or of an existing licensee of the copyright owner) to authorise the reproduction of the Material as required by the order (iv) the Material does not contain anything which is obscene, blasphemous, libellous or otherwise unlawful.
6-3 The Client acknowledges that the breach of copyright in the course of trade or business is both civil wrong and a criminal offence under the terms of the Copyright, Designs and Patents Act 1988.
7) Original Works Created by ONE VISION IMAGING
7-1 Where the terms of the order require ONE VISION IMAGING to create original works the copyright in such an image/s shall be the property of ONE VISION IMAGING under the Copyright, Designs and Patents Act 1988. ONE VISION IMAGING shall grant to the Client at no additional charge a licence to reproduce the images in any non-photographic form in any quantity and in any part of the world for a period of 3 years from the date of the invoice. Any photographic/digital reproduction shall be carried out only by ONE VISION IMAGING. Any licence beyond the 3 year period shall be subject to negotiation and further agreement between the Client and ONE VISION IMAGING.
7-2 All materials on which original works are created by ONE VISION IMAGING shall remain the property of ONE VISION IMAGING and ONE VISION IMAGING undertakes to file and store all such original materials safely and to make them available for future reproduction. Where ONE VISION IMAGING gives possession of original materials to the Client such original materials shall nevertheless remain the property of ONE VISION IMAGING and shall be given to the Client on free loan for the duration of the copyright licence. Prints (whether from negatives, transparencies or digital files) will become and remain the property of the Client. However, the Client acknowledges that ownership of any physical materials such as prints, transparencies or digital files/discs does not imply ownership of the copyright in the images on them (which remain the property of ONE VISION IMAGING in accordance with paragraph 7(1) above) or any right to reproduce or authorise the reproduction of any such images by any means.
The Client shall ensure that artwork sketches and specific copying material supplied by him or his agents shall be accurate, unambiguous and clearly legible.
9) Proofs & Additional Work
Proofs may be submitted for Client approval. ONE VISION IMAGING shall not be liable for any errors that have not been corrected by the Client. Client alterations, other than alterations arising from mistakes on the part of ONE VISION IMAGING, may give rise to an extra charge. Equally additional work caused by omissions or ambiguity in the Client's copy or instructions may also incur an additional charge. In either such case any additional charge shall be such reasonable amount as reflects the additional work which ONE VISION IMAGING has had to undertake.
The completed materials produced by ONE VISION IMAGING shall correspond with the description referred to on the Order Form and with any approved sample, illustration, descriptive material or artwork save where such sample, illustration, descriptive material or artwork has been made available by ONE VISION IMAGING for illustrative purposes only.
11) Standing Materials
Metal, film, glass, computer disk and other materials used in the production or delivery of artworks shall remain the property of ONE VISION IMAGING. Such items when supplied by the Client shall remain and be handled as the Client's property.
12-1 ONE VISION IMAGING will use all reasonable efforts to select an appropriate method of delivery of the finished materials to the Client to comply with the Client's reasonable instructions and will inform the Client of the method of delivery and any additional cost at the time of the order.
12-2 In cases where delivery is by first class post, or a delivery service chosen by the Client (apart from any delivery service operated exclusively by ONE VISION IMAGING) ONE VISION IMAGING will not be liable for any loss or damage occurring while the finished material is in transit.
12-3 The Client is advised to insure all such material against risks associated with delivery.
13) Acceptance of Finished Material
The Client shall within 7 days of delivery (or within 3 days if the Client enters into this contract in the course of its business) notify ONE VISION IMAGING of any alleged defect, shortfall in quantity, damage or failure to comply with description or sample and return the completed materials together with all associated paperwork and packaging to ONE VISION IMAGING within 7 days (or within 3 days if the Client enters into this contract in the course of its business) of the said notification. If the Client shall fail so to notify ONE VISION IMAGING without reasonable explanation he shall be deemed to have accepted the materials and they will be presumed to be without any defect or damage which may be apparent on reasonable examination.
14) Lien & Retention of Title
14-1 ONE VISION IMAGING shall have a right to retain all of the Client's materials in its possession and shall reserve the right to retain any such materials until all monies due and payable have been received.
14-2 In the event of non-payment in accordance with these terms and conditions for any original photography created from ONE VISION IMAGING, thereby rendering any reproduction of the image(s) by the Client a breach of copyright. In such circumstances ONE VISION IMAGING reserves the right to take such legal action as may be appropriate.
While we take all reasonable care in the handling and processing of your photographic material our liability for loss or damage is limited to that which is foreseeable at the time we accept your order. This liability shall not exceed £50 UNLESS you inform us when placing your order that the value of your material is in excess of £50 and this is written on your Order Form.
IS YOUR MATERIAL ON ELECTRONIC OR DIGITAL ERASABLE MEDIA?
If so, it is your responsibility to maintain a separate copy of the material. If you have failed to do so our liability shall not exceed £50 UNLESS you inform us when placing your order that you do not have a separate copy and this is written on your Order Form.
PLEASE INSPECT YOUR PROCESSED MATERIAL ON RECEIPT
No responsibility can be taken for problems with your photographs if you do not inform us within 7 days of receipt.
TIME OF DELIVERY
Dates/Times stated for completion of the order are a guide only. If you wish to receive your order by a specific time please ask for written confirmation of our agreement.
This notice does not affect your statutory rights relating to the supply of goods and services.
Please contact your local Trading Standards Office or Citizens Advice Bureau for further information.