Terms of Acceptance
1. In these conditions (unless the context otherwise requires):
1.1 ‘Contract’ shall mean the contract for the supply of Work, and these conditions of business.
1.2 ‘Company’ shall mean Davi Media Group or any subsidiary or associated company thereof.
1.3 ‘Client' shall mean the company, firm or person whose order for Work is accepted by the Company.
1.4 ‘Work’ shall mean the services and goods to be supplied to the Client by the Company.
2. The Company shall provide the Work subject to these conditions which shall govern the Contract to the exclusion of any other terms and conditions.
3. Each order for Work shall constitute a separate Contract with the Company.
4. The Company has the right to refuse,
omit, amend or require amendment to any advertisement or part of advertisement. The Client warrants that the advertisement does not in any way contravene the provisions of the Trade Descriptions Act 1988, British codes of
advertising practice, and the requirements of the Advertising Standards Authority.
5. The Company declines responsibility for damage to, or loss of, artwork. Artwork will be retained only for a period of six months after the last Insertion when, unless claimed by the Client, it will be destroyed.
6. The Company will not be liable for any loss occasioned by the failure of any advertisement to appear for any reason whatever.
7. The Company does not accept responsibility for any error that occurs in artwork or copy supplied to it, unless any error has been corrected by the Client on the proof supplied, which must be returned to the Company by the date specified. Corrections will be charged for after final copy has been cleared.
8. No guarantee will be given for the insertion of an advertisement in any specified position.
9. The Client warrants that it has the full right to supply copy and artwork for the Work.
10. Where reproduction costs for any one advertisement (whether part of a larger order or not) exceed 10% of the agreed price for that
advertisement, the Company has the right to separately and additionally invoice the Client for those reproduction costs.
11. Rates and series discounts are subject to adjustment by the Company on one month’s written notice. In the event of
any adjustment, the Client or his agent may exercise the option to cancel by giving 14 day’s notice in writing to the Company.
12. The acceptance of an order does not confer the right to renew on similar terms.
13. The Client shall indemnify the Company in respect of costs, damages or other charges arising from the advertisement supplied to the Company by the Client.
14. Prices are exclusive of VAT. Payment is due 14 days from the date of the Booking Form, which will be on pass of proofs or publication, in which case immediate payment is required.
15. If payment is not made on the due date, the Company, without prejudice to its other rights, shall be entitled to charge, in addition to other monies due hereunder, interest on the overdue
outstanding amount at the rate of 4% above the base rate of TSB Bank from time to time from the due date until the outstanding amount is paid in full.
16. No charge will be made in respect of cancellations notified to the Company in writing within seven days of the date of this order. A rebate of 50% of the order value is allowed in respect of cancellations made before proofing. Thereafter no rebate is allowed in respect of cancellations.
17. The Client shall supply the Company with the advertisement in the format requested by the Company or extra costs shall be incurred.
18. The Contract shall not be modified without
the written agreement of a duly authorised representative of the company and these conditions shall govern it. Terms expressed or implied (by common law or statute) or otherwise representations made by or on behalf of the Company to the Client in connection with or arising out of the work and which are not contained in the Contract shall be excluded to the fullest extent permitted by the law and shall not give rise to any liability on the part of the Company.
19. The Contract shall be governed by the laws of England.