Terms and Conditions
Terms & Conditions - Application and entire agreement
Creative Awards London Ltd shall be referred to in these Terms and Conditions as the Company (or we/us) and the proposed purchaser of goods or services shall be referred to as the Customer, (or you).
These terms and conditions will apply to the purchase by the customer of all and any goods and services as detailed in our quotation from Creative Awards London Ltd.
These terms and conditions will be deemed to have been accepted by the customer when the quotation has been agreed by email, the order placed or from the date of the delivery of the Goods or services and will constitute the entire agreement between us and the customer, the terms and conditions set out by Creative Awards London Ltd override any other Terms and Conditions applied by any customer their agent or supplier.
These terms and conditions and the quotation we supply apply to the purchase and sale of any goods or services between Creative Awards London Ltd and the customer to the exclusion of any other terms and conditions that the customer tries to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
All quotations are ex-works and do not include the time for delivery or collection at our premises.
The price of the goods or services is set out in our quotation current at the date of your order, if the cost of the goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the price prior to delivery, but will only take place after we have informed you about any increases.
The Price is exclusive of any applicable VAT in the UK.
Cancellation and Alteration
Cancellation of goods or services can only be made with our agreement once the quotation has been agreed and the order made. Any costs incurred by Creative Awards London Ltd to the point of cancellation will be borne by the customer in full. The quotation is valid for a period of 30 days from the date shown on the quotation. Major changes to the materials, design, or quantities of the awards will reset the date of delivery and the new date must be agreed with Creative Awards London Ltd in writing. Any smaller additions or alterations to the order can be made with the agreement of Creative Awards London Ltd but is entirely at our discretion.
Invoices are payable within one working day of the date of our invoice or otherwise according to any credit terms agreed between Creative Awards London Ltd and the customer.
Where the Goods are to be collected by the customer and we have notified you that the Goods are ready for collection you do not take delivery of the goods you must make payment even if collection has not have taken place.
Time for payment will be of the essence of the contract between us and you.
All payments must be made in British Pounds unless otherwise agreed in writing between us.
All amounts due under these Terms and Conditions are to be paid in full without any deduction or withholding. The customer is not entitled to assert any credit, offset or counterclaim against Creative Awards London Ltd in order to justify withholding payment of any such amount in whole or in part.
We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to another location we agree in writing.
If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.
Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 8 pm.
If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights, store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance.
If Creative Awards London Ltd is required to make arrangements for the redelivery of the Goods, costs will be charged to the customer.
If no delivery address or collection is arranged by the customer, we have the right to resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods if the Goods are not collected within 10 working days of the agreed collection or delivery date.
Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
We can deliver the Goods by instalments, which will be invoiced and paid for separately. Each instalment is a separate contract. Any delay in delivery or defect in an instalment will not entitle you to cancel any other instalment.
A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
Inspection and acceptance of Goods
You must inspect the Goods on delivery or collection. If you identify any damages or shortages, you must inform us in writing within 3 days of delivery, providing details and photographic evidence where applicable.
Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.
Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will as appropriate, repair, or replace, or refund the Goods or part of them.
We will be under no liability or further obligation in relation to the Goods if you fail to provide notice as set above and/or you make any further use of such Goods after giving notice under the clause above relating to damages and shortages and/or the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods and/or the defect arises from normal wear and tear of the Goods and/or the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties. The customer bears the risk and cost of returning the Goods. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 3 days after delivery.
Creative Awards London Ltd will not be liable for any consequential loss by a customer and will not bear the costs of the customer using an alternative supplier if a dispute over quality or delivery timescales arises.
We can by agreement supply trophy samples on loan to demonstrate design, quality, finish and weight. We request they are returned intact in the packaging supplied after your selection. All samples are to be returned at the customer’s expense within two weeks of dispatch unless otherwise agreed. Samples not returned within this timescale will be charged at their retail cost or £250, whichever is the greater. If samples are returned damaged we reserve the right to charge their full retail cost for repairs or replacements.
Risk and title
The risk in the Goods will pass to you on completion of delivery. Title to the Goods will not pass to you until we have received payment in full in cash or cleared funds for the Goods and/or any other goods or services that we have supplied to you in respect of which payment has become due.
Until title to the Goods has passed to the customer he must hold and keep them in satisfactory condition not defacing or obscure any identifying mark or packaging on or relating to the Goods and keep them insured against all risks against their full price from the date of delivery.
We can terminate the sale of goods and services under these terms and conditions where you commit a material breach of your obligations under these terms and conditions or where you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors.
Limitation of liability
Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause of termination of sale of goods and services. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for any indirect, special or consequential loss, damage, costs, or expenses; and/or loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control and/or any losses caused directly or indirectly by any failure or breach by you in relation to your obligations and/or any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
Reasonable amendments may need to be made to dimensions, surface finishes, typography, engraving and other specifications of work undertaken.
The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation. Creative Awards London Ltd comply with the Consumer Rights Act of 2015.
Quotations must be signed and returned as agreement of the acceptance of our quotation and authorisation for the works to begin.
Circumstances beyond the control of either party
Neither party shall be liable for any failure nor is delay in performing their obligations where such failure or delay results from any causing that beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
Law and jurisdiction
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Copyrights and Trademarks
All originating artwork, images, text or other intellectual property produced by Creative Awards London Ltd will remain the property of Creative Awards London Ltd. Full copyright belongs to Creative Awards London Ltd and the intellectual property rights of these designs are retained at all times by the company. Any moulds, templates or other physical media, including moulds, will remain the property of Creative Awards London Ltd. Title of such media may be transferred at the sole discretion of Creative Awards London Ltd.
Use of Creative Awards London Ltd designs by other companies and / or suppliers is with our agreement only and may incur a charge if used without our express permission.
By supplying artwork text, images and text to Creative Awards London Ltd the customer declares that it holds the appropriate copyright or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. By supplying artwork, images and text to Creative Awards London Ltd the customer grants Creative Awards London Ltd permission to use this material freely in the pursuit of the design and to utilise the designs in Creative Awards London Ltd's portfolio unless agreed otherwise.
Acrylic (Perspex), surface finish and other colours
While all attempts will be made to accurately match colours to client specifications, Creative Awards London Ltd will not be held responsible for discrepancies in matching the colours of acrylic and surface finishes to RAL, Pantone, CMYK and other digital or ink colour spaces.