Terms and Conditions
1. Price variation
Estimates are based on Into Gear Automotive current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
2. Tax
Into Gear Automotive reserves the right to change the amount of any value added tax payable, whether or not included on the estimate or invoice.
3. Preliminary Work
All work carried out at the client's request, whether experimentally or otherwise, shall be charged.
4. Copy
A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
5. Electronic Files
It is the client's responsibility to maintain a copy of any original electronic file.
Into Gear Automotive shall not be responsible for checking the accuracy of supplied input from an electronic file unless otherwise agreed.
6. Proofs
Proofs of all work may be submitted for client's approval and Into Gear Automotive shall incur no liability for any error not corrected by the client in proofs so submitted. Client's alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to Into Gear Automotive judgement, changes therefrom made by the client shall be charged extra.
7. Colour Proofs
Due to differences in equipment, paper, inks and other conditions between colour proofing and production, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable unless otherwise agreed.
8. Delivery and Payment
Delivery of work shall be accepted when tendered and thereupon, or if earlier on notification that the work has been completed, payment shall become due.
Should expedited delivery be agreed, an extra charge may be made to cover any overtime or any additional costs involved.
Should work be suspended at the request of, or delayed through any default of the client for a period of 30 calendar days, Into Gear Automotive shall then be entitled to payment for work already carried out, materials specially ordered or any additional costs.
9. Liability
Into Gear Automotive shall not be responsible for any indirect loss or third party claims occasioned by delay in completing the work. Whether as a result of negligence or otherwise.
Insofar as is permitted by law, where work is defective for any reason, including negligence, Into Gear Automotive liability (if any) shall be limited to rectifying such defect. Where Into Gear Automotive performs their obligations to rectify defective work under this condition, the client shall not be entitled to any further claim in respect of the work done nor shall the client be entitled to treat delivery thereof as a ground for repudiating the contract, failing to pay for the work, or cancelling further work.
Material Supplied by the Client
a) Into Gear Automotive may reject any film, disks, paper or other material supplied by the client which appear to Into Gear Automotive to be unsuitable. Additional cost incurred if material is found to be unsuitable during production, except that if the whole or any part of such additional cost could have been avoided, but for unreasonable delay by Into Gear Automotive in ascertaining the unsuitability of the material, then that amount shall not be charged to the client.
b) Where material is so supplied or specified, Into Gear Automotive will take every care to ensure the best results, but responsibility will not be accepted for imperfect work caused by errors, defects or unsuitability of material supplied or specified.
11. Insolvency
Without prejudice to other remedies, if the client becomes insolvent (namely, being a company is unable to pay it's debts or has a winding up petition issued against it) Into Gear Automotive shall have the right not to proceed further with the contract or any other work for the client and be entitled to charge for work already carried out (whether completed or not) and material(s) purchased for the client, such charge to be an immediate debt due to them. Any unpaid invoices shall become immediately due for payment.
12. Illegal Matter
Into Gear Automotive shall not be required to work with any material which is in their opinion of an illegal or libellous nature or an infringement of the proprietary or other rights of a third party.
Into Gear Automotive shall be indemnified by the client in respect of any claims, costs and expense arising out of any libellous matter or infringement of copyright, patent, design or any other proprietary or personal rights in any material designed for the client. The indemnity shall include (without limitation) any amounts paid on a lawyer's advice in settlement of any claim that any material is libellous or such an infringement.
13. Force Majeure
Into Gear Automotive shall be under no liability if they shall be unable to carryout any provision of the contract for any reason beyond Into Gear Automotive reasonable control including (without limiting the foregoing): Act of God; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or material supplied by the client; failure of power supply; or owing to any inability to procure material required for the performance of the contract. During the continuance of such a contingency, the client may, by written notice to Into Gear Automotive, elect to terminate the contract and pay for materials used and work carried out, but subject thereto shall otherwise accept delivery when available.
14. Law
These conditions and all other expressed and implied terms of the contract shall be governed and construed in accordance with the laws of England.
