Terms and Conditions of Trading
1) All goods items and services supplied by Blaze Image are done so only on the basis that these conditions apply. These conditions supersede all previous conditions. No person or employee of Blaze Image shall be entitled to vary, alter, amend or waive any of these conditions unless approved in writing by a director of Blaze Image.
2) All goods are sold subject to any special conditions set out in Blaze Image’s Price List – such special conditions shall be deemed to be incorporated herein.
3) Should any goods or items belonging to the customer be lost, stolen, damaged or destroyed, whether such loss, theft, damage or destruction be accidental or be caused or contributed to by the negligence, breach of contract or breach of duty by Blaze Image or of Blaze Image’s servants, agents or subcontractors, the liability (if any) of Blaze Image for such loss, damage, theft or destruction shall be limited to replacement of such goods item or items by new and unexposed or unprinted items of similar quality or type up to a maximum value of £50 for any one order unless prior to the acceptance of such goods item or items for processing or developing or printing or enlarging Blaze Image shall have agreed in writing with the customer that a particular sum be payable in the event of any such loss, theft, damage or destruction.
4) Where Blaze Image accepts into their possession or custody (whether or not pursuant to any agreement) any materials, goods, artwork or legal property of any description (hereinafter referred to as ‘Property’) and or where Blaze Image give possession of custody of such Property or any part thereof to an employee, agent or subcontractor of Blaze Image and where such Property or any part thereof is lost, stolen, damaged or destroyed, the liability for such loss, theft, damage or destruction whether the same be accidental or be caused or contributed to by the negligent breach of contract or breach of duty by Blaze Image, their servants, agents or subcontractors, shall be limited to the payment by Blaze Image of the replacement cost to Blaze Image of such Property of £50 whichever sum be the smaller unless Blaze Image prior to acceptance of such Property shall have agreed in writing that a particular sum be payable in the event of any such loss, theft, damage or destruction.
5) It is the customer’s responsibility to ensure all items or Property accepted by Blaze Image against all risks. In the event that any exposed film has a value greater than the value of the equivalent type of unexposed film then the customer must notify Blaze Image at the time of delivering the film to Blaze Image.
6) Where collection or delivery is made or is to be made by instalments, any non-delivery or delay of any instalment shall not entitle the customer to cancel the remainder of the deliveries or any of them.
7a) Whilst Blaze Image shall use their best endeavours to effect any collection or delivery in accordance with arranged time and dates, any time or date named by Blaze Image for collection or delivery is given and intended as an estimate only and Blaze Image shall not be liable to make good any damage or loss whether arising directly or indirectly out of any delay in collection or delivery or in the case of non-delivery.
7b) In respect of non-delivery or late delivery or defective goods, Blaze Image shall not be liable for any claim for loss of profits, machine time or any other consequential loss or damage.
8) In the event of damage to or loss of goods or Property in transit, Blaze Image will give every assistance in their power to enable the customer to establish his claims. Such assistance will not imply an acceptance by Blaze Image of responsibility for such loss or damage.
9a) Claims for shortage or partial non-delivery or defective goods or services must be made in writing within two days of delivery or they will not be entertained and the order will be deemed to have been fulfilled.
9b) It is the customer’s responsibility to check carefully the quantity and type of goods sold or delivered and claims for non-delivery of any goods must be made in writing within three days of the date upon which they should have been delivered or forthwith upon receipt of Blaze Image’s invoice.
10) Blaze Image reserve the right to charge collection or delivery fees.
11) All orders accepted by Blaze Image are subject to variation and cancellation by Blaze Image without prejudice to Blaze Image accrued rights if due performance is impracticable due to an act of God, war, civil commotion, riot, strikes, lockouts, fire, drought, flood, destruction or damage to premises, plant or machine, explosion, shortage, failure of fuel, materials or transportation, acts of Governments, Local or Public Authorities or other causes beyond Blaze Image’s control owing to the inability to procure materials or goods except at enhanced prices due to any of the aforesaid or any other causes, Blaze Image shall not be responsible for any failure or inability to supply due to such contingencies.
12a) The customer warrants that the customer is the first owner and author and is entitled to the entire copyright (if applicable) of all goods or items delivered to Blaze Image in the event that the copyright in any goods or items vested in some other person or body other than the customer, the customer warrants and is deemed to be the agent of the copyright owner for the purposes of this clause.
12b) All copyright in goods and items shall be deemed automatically assigned to Blaze Image upon delivery to Blaze Image and will remain vested in Blaze Image with all the accrued right thereto during such time as all outstanding monies remain unpaid.
13) Without prejudice to any other rights Blaze Image may have against the customer Blaze Image shall have the right to terminate the contract or defer delivery or items or goods ordered or processed in the event of, (a) the customer account under this contract or any other contract with Blaze Image being overdue or, (b) should the customer be in breach of the terms of this or any other contract with Blaze Image or, (c) should the customer enter into any composition or arrangement with or for the benefit of his creditors or have a receiving order made against him (if a corporate body) or go into liquidation either voluntarily or compulsory (except for the purpose of reorganisation or reconstruction) or, (d) have a Receiver appointed of its assets or undertaking or part thereof.
14) No forbearance of indulgence by Blaze Image or shown or granted to the customer whether in respect of these conditions or otherwise shall in any way affect or prejudice Blaze Image’s right against the customer or be regarded as a waiver of any of the conditions. Any variation of these conditions approved by a Director of Blaze Image shall only apply to the particular order in respect of which the variation was made.
15) Until Blaze Image have been paid in full for any items, goods or services comprised in this or any other contract:
15a) The legal and beneficial ownership in the goods supplied shall remain with Blaze Image (although the risk therein passes to the customer at the point where delivery begins or if earlier the date when Blaze Image notifies the customer that the goods are ready for delivery or collection).
15b) At the customer’s expense Blaze Image may recover these goods at any time from the customer if in his possession should the amount outstanding from the customer to Blaze Image in respect of any goods or services supplied shall remain unpaid after the due date for payment has passed and for that purpose Blaze Image and Blaze Image’s servants or agents shall be entitled unhindered upon the land or buildings upon which the goods are situated and the customer shall forthwith supply Blaze Image upon request with full details of the whereabouts of the goods and such other information as Blaze Image may reasonably and properly require.
15c) If monies are due from the customer as aforesaid and the customer being in possession or control thereof effects any sale or dispossession thereof which confers any rights of title in or against the goods in favour of any third party, the customer shall until all monies whatsoever and howsoever due from the customer have been paid stand possessed or the proceeds of such sale or disposition or of any rights to receive the same as trustee for Blaze Image to apply the same in satisfaction of any monies due from the customer. Without prejudice to any other rights or remedies Blaze Image may have, we shall have the right to proceed against the customer’s own customer to the extent that their own customer’s account with them is unpaid.
15d) For so long as any goods remain in Blaze Image’s legal and beneficial ownership or in the physical possession, custody or control of the customer, the customer shall stand possessed of such goods as bailee for Blaze Image (not withstanding that such goods may be at the buyer’s risk as herein before provided).
15e) If the customer does dispose of the goods, any warranties, conditions or representations given, made or implied by the customer to any third party shall not be binding on Blaze Image and we shall be indemnified by the customer in respect thereto.
16) If any customer who is a limited company does not pay any invoice on the due date then all the directors of that limited company shall be personally liable to pay the same. If any order is placed by an employee, servant or agent of a limited company, then that order is accepted by Blaze Image as having been placed by that employee, servant or agent for the directors and the limited company.
17) The customer warrants that all items placed with Blaze Image for processing or developing contain no obscene, illegal or immoral material and the customer shall indemnify Blaze Image against any loss or damage caused as a result of Blaze Image processing or developing any such items.
18) Blaze Image shall be entitled to subcontract any service or order that Blaze Image agree to perform for a customer.
19) Blaze Image reserve the right to vary prices (whether specifically quoted or otherwise) to take account of increase of raw materials, manufacture, transport or wages arising before dispatch.
20) Payment shall be made net and without set-off so as to be received on or before the 30th day of the calendar month following the date of invoice.
21) Interest at the rate of 2.5 per cent per month is payable on invoices from the date of invoice. The aforementioned right to charge interest shall not prejudice Blaze Image’s rights of recovery or Blaze Image’s other rights against the customer. In the event of payment being made within the time specified on the invoice for net cash payment, Blaze Image shall waive rights to the aforementioned interest on such payments received. The aforementioned rights to charge interest shall not prejudice Blaze Image’s right of recovery or Blaze Image’s other rights against the customer.
22) Blaze Image reserves the right to close any trading account for any reason by notice to the customer. If a trading account is closed, any balance (including interest) then outstanding must be discharged on or before the 30th day of the month following the month in which the trading account is closed.
23) The customer will inform Blaze Image of any change in the address or account number of their bank.
24) The customer warrants and represents that any employee, servant or agent of the customer who places an order on behalf of the customer is fully authorised to place the said order and the customer agrees that these Terms and Conditions of Trading will apply to any order placed by any said employee, servant or agent on the customer’s behalf.
25) If any part of these Terms and Conditions of Trading be deemed to be invalid or unenforceable, it shall not affect the validity of the balance of the Terms and Conditions of Trading.
26) These Terms and Conditions of Trading and all orders and contracts as regards validity, performance and construction thereof shall be governed by the laws of England.
Any reference to ‘Customers’ shall include the customer, his servants, or agents and if the customer is a limited company, to that company’s directors.
Any reference to ‘property’, ‘items’ or ‘goods’ shall inter alia include film, prints, negatives or slides.