Terms and Conditions of Sale
Terms and Conditions of Sale
1. Our Contract
1.1 These Terms and Conditions govern the supply of services sold by ARC Window Films Ltd (Company No. 7771994) Registered Office, Unit D, Stratus Business Centre, Coupland Road, Hindley Green, Wigan, WN2 4HX, UK ("we", "us" and “our”), to the customer ("you"), and constitute the entire and only agreement between us in relation thereto.
1.2 All services requested by you are on the basis of these Terms and Conditions and are subject to acceptance by you. By us delivering our services you are contractually bound to these terms.
1.3 Our Services include but not limited to;
- The installation of window film
- The supply only of window film
- The supply and installation of window film
- Additional advice and support on other technical issues
- Decorative and manifestation design including, branding, advertising, promotional material, illustration, exhibition;
- Training for the specification and installation of window film
- Business Support and Advice
For supply only of window film, the terms and conditions covered on our online shop arcwf.com prevail.
2. Price & Payment
2.1 The price payable for the services you have ordered is set out in a full proposal, email or memo that has been presented to you by a member of our staff. These prices are always exclusive of VAT.
2.1.1 VAT is charged at the prevailing rate
2.2 We reserve the right to change the price of any of our services, due to market conditions but we will confirm the prevailing price with you before beginning the work. We are not obliged to accept your order for services and may decline working with you.
2.3 On occasion, the prices payable of services advertised on our web site may differ from those prices offered in further negotiations and understanding of project brief, and we are under no obligation to honour any price quoted on the web site if there is such a difference.
2.4 Occasionally an error may occur with our email system and goods and services may be quoted at an incorrect price in which circumstances we will not be obliged to supply the goods at the incorrect price.
2.5 Payment terms for all invoices and services are strictly 30 days from end of month date of invoice. Late payments are subject to a 2% invoice value per month additional charge.
3. Delivery & Title
3.1 We will endeavour to deliver the service(s) in accordance with the project plan. We will not be held accountable if the project is delayed by you, in respect of;
- Not providing key documentation to us within a timely manner;
- Not paying part invoices for milestone completions (if applicable);
- Changing specifications, including but not limited to the following;
- Film category changes;
- Film type changes;
If you require changes to the services all costs will be borne by you.
While we endeavour to schedule all services and projects within an acceptable time we hold the right to hold and delay a project if required.
5.1 You may cancel your project by giving us notice of cancellation prior to any expenditure being incurred by ARC on your project. Such notice may be given by phone, mail, fax or email. Any cost that we have incurred up to and including the tenth day will be borne by you.
5.2 On cancellation for whatever reason, you will cease to receive any support from us and any services provided will be terminated immediately.
5.3 Cancellation after we commence your project will incur the full invoice value for the project, or project phase if separately identified in the original quotation.
PLEASE READ THIS CLAUSE
6.1 We shall have no liability to pay any money to you by way of compensation other than any service credit refund we make under our Service Level Agreement (SLA) which is a separate agreement. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption; neither will we be responsible to you for
any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
Further to this we shall not be liable for any direct or indirect loss or damages you may incur or suffer arising out of or in with the services laid out in clause 1.3 above.
6.2 This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
7. Limited Companies - Guarantee
7.1 Those signing a purchase order number on behalf of limited companies do so as guarantor and irrevocably undertake to guarantee the payment of all monies owing to us by the relevant limited company if we believe that the limited company cannot meet its obligations.
7.2 If the limited company goes into receivership, liquidation or administration the guarantor will pay to the receiver, liquidator or administrator, as the case may be, such sum as will enable him to pay all monies owed to us by the limited company.
We may suspend the supply of services, and terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply you services.
9. Force Majeure
We shall have no liability to you for any failure or delay in supply of services supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts, manufacturer delays in supply, and other industrial disputes).
10. Intellectual Property Right
All IPR will belong to ARC Window Films Ltd, unless purchased by you with the written agreement of ARC Window Films Ltd. Any design work for promotional materials, brochures, posters, hand-outs, or flyers produced with the intention of helping you to re-sell our products will remain the property of ARC Window Films Ltd.
This contract shall be governed by and interpreted in accordance with the laws of England and Wales.