CONDITIONS OF BUSINESS

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1. Introduction

1. These terms and conditions – the terms – govern every contract made between a fish in sea for the supply of goods and services to any person, firm or company (- the client -).
2. The terms prevail over any written terms and conditions of the client.
3. Any variation to the terms must be agreed in writing by a director of a fish in sea.
4. All contracts between a fish in sea and the client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

2. Price and payment

1. The client will pay a fish in sea the fixed fee or current price list charge – whichever is agreed at the time of instruction.
2. a fish in sea will invoice the client at 28 days if feedback is not received to progress the clients project.
3. Invoices from a fish in sea to the client for supply of goods or services should be paid in full via direct bank transfer.
4. a fish in sea reserves the right (without disclosing a reason) to demand payment for work on collection at any time.
5. The client will pay a fish in sea any expenses incurred, in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).

3. Ordering

1. Orders for work must be given in writing to a fish in sea by the client.
2. Not withstanding clause 3.1, if a fish in sea accepts a verbal order from the client a fish in sea will not be held responsible for any mistakes (made by either party) arising from that verbal order.
3. a fish in sea reserves the right to refuse to accept any order.

4. Quotations

1. All quotations given by a fish in sea will be valid for 28 days from the date of quotation.
2. If the clients final order changes from the original specification made for the quotation, a fish in sea reserves the right to vary the quotation.

5. Turnaround times

• Turnaround times which are quoted in the price list and website are normal target times only and a fish in sea accepts no liability for failure to meet these times, but will use its best endeavours to do so.

6. Image sizes

• Some images supplied, or purchased and/or negatives do not have the exact same proportions as certain paper sizes. If this is the case, the client must inform a fish in sea if they require the full image area or if image should be cropped to fill the desired print size. If no instructions are given a fish in sea will print the full frame.

7. Print finish

• Unless stated by the client, a fish in sea will decide, at its sole discretion, which print finish to use (either matt, silk or gloss stock).

8. Colour balancing

1. a fish in sea will, if requested by the client, scan images to a colour balance provided by the client by way of reference prints or polaroids.
2. If no such request or reference material is provided by the client a fish in sea will scan and/or print images using its own judgement for colour balancing.

9. Uncollected work

• If any items of work including prints and original files belonging to a client are not collected after 12 months of the requested work being completed, a fish in sea reserve the right to dispose of such material.

10. Copyright and moral rights

1. a fish in sea retains all IP (Intellectual Property) rights to any artwork created until full and final settlement of relevant invoice pertaining to works created, at which point IP rights are transferred to the client – a fish in sea does retain the right to display created works within its portfolio and for promotional or marketing purposes.
2. a fish in sea claims no copyright in material submitted to us for the purposes of fulfilling the clients instruction.
3. The client warrants that the client owns or controls all rights, has obtained all copyright, or has permissions, consents and waivers that as are now and hereafter required for all copying, processing, scanning, printing and manipulation to be undertaken by a fish in sea.
4. The client also warrants that no copyright or moral rights will be infringed by a fish in sea carrying out the requested work.
5. The client agrees to indemnify a fish in sea against all losses, damages, claims or expenses which a fish in sea may incur by virtue of any breach of the above warranties.

11. Liability

1. The client must contact a fish in sea concerning details of an invoice within 7 days of the date of the invoice.
2. a fish in sea’s liability to the client or any other party for the loss including theft, or destruction or damage to any materials provided by the client which are deposited with a fish in sea for whatever reason;-
3. Will be limited to the replacement cost of the actual material and;
4. a fish in sea will not be liable for the cost of reshooting or reprinting the material contained on the material and;
5. a fish in sea will not be liable for any loss or damage to the client or any other party including loss of income and;
6. It is the clients responsibility to insure against such loss and damage.
7. a fish in sea will not be liable for failing to complete any contract between a fish in sea and the client due to circumstances beyond a fish in sea control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.