TERMS AND CONDITIONS OF TRADE
05-11-2004 subject to change without notice
a. The Company means Halaqah Media
Ltd. whose Company registered id:
- The Customer means the
person, firm or Company set out below.
- The Master means any goods or articles
whatsoever (including copyright works) supplied to the Company by the
Customer for copying or adaptation.
- These terms and conditions shall apply to
the acceptance of any order by the Company.
- No variation
of these Terms and
Conditions shall be effective unless made in writing and signed by an
authorized officer or employee of the Company. At the request of the
Customer the Company will verify whether any named individual has the
a. Delivery dates are approximate only and not of
contractual effect. The Company shall not have any liability for loss or
damage (including loss of profits and consequential loss) to the
customer in respect of any failure to deliver on any particular
date. Where delivery is delayed otherwise than due to default by the Company
the Customer shall pay all costs and expenses occasioned thereby, including a
reasonable charge for storage. All storage is at the Customerís risk.
- Goods for delivery outside Great Britain are sold F.O.B. British Port or Airport and the Customer
shall be responsible for obtaining and paying for all necessary imports and other authorizations.
- The goods
shall be at the Customerís risk from the time of delivery or, if
transport has been arranged by the Customer, from the time they are
delivered to the carrier for transport to the Customer.
RETENTION OF TITLE
in all goods to be delivered by the Company to the Customer (including
Masters to be returned to the Customer) shall remain vested in the Company
until payment due under all contracts between the Company and the Customer
has been made in full. Further, should the Customer alter the goods by
subjecting them to any manufacturing process or incorporating them into
another product or mixing them in any way then the resulting product will
pass into the ownership of the Company until payment due under all contracts
between the Company and the Customer has been made in full.
a. All prices quoted by the Company
are inclusive of Value Added Tax. (where applicable)
- Any cost or loss caused to
the Company by the Customerís neglect or default or lack of instructions
shall be paid by the Customer in addition to the contract price.
- The prices at which goods are sold are the respective
prices listed in the Companyís price lists in force at the date of acceptance
of the Customerís order but such prices do not include any charge for
handling and delivering goods which may be made by the Company. The
Company reserves the right to vary any contract price at any time to
take account of any increase in the cost price of goods, in the
alteration made in specification upon which the contract is based, any
costs for waiting time or other expenses incurred by the Company as a result of matters beyond its
control, special deliveries or part deliveries or any other variation in
the original order made at request of the Customer, and any extra cost
borne by the Company made as a result of any Government
legislation, EEC Regulation or the effects of devaluation or fluctuation
in the exchange currency rates.
- Where a specific quotation is
given by the Company for work to be exclusively undertaken during a
given period which is lower than the Companies general published rate
and the Customer subsequently cancels the contract for whatever reason
or places work elsewhere the Company shall be entitled to charge the
Customer the difference between the quoted price and the published rate
for all the work undertaken during the period to which the quotation
- Unless expressly agreed in
writing by the Company accounts are due and payable in full on
receipt of the invoice in respect thereof.
DELIVERED The Company reserves the right to invoice for
quantities of goods delivered within a tolerance of plus or minus 10% of
the total quantity per title ordered by the Customer and to adjust the
- Any cheque
returned unpaid will incur a £30 administration charge
- Every month a payment remains unsettled will incur a £30 admin charge.
of the goods or packages containing the same, do not comply with the order or
with any terms of these conditions (including, for the avoidance of doubt the
implied conditions) the Customer shall be entitled to reject those goods or
any part of them by Notice within 5 days after delivery thereof. In any such
case, Notice of Claim must be given to the Company within 5 days of delivery.
If the Customer fails to comply with this requirement he shall have no claim
against the Company and shall pay for the goods accordingly. No claim for rejection
can be made where the defect in the supplied goods or services would not in
the opinion of Company substantially affect the merchantable quality of the
goods or the purpose for which the goods are intended. Variations in print
quality and colour match cannot be a cited as a reason for rejection unless the
Customer agrees with the Company in advance and in writing the standard of
print to be supplied and any such agreement will only apply to one specific
job or jobs specified in writing.
extent that this exclusion is permitted by Law the Company shall not be
liable in any circumstances whatsoever for any direct or indirect loss or
damage to property (including the Master, Plates, Film-sets or Artworks)
incurred or suffered by the Customer or any other person as a result of any negligence or fault
or defect in goods or services provided by the Company and in no
circumstances shall the Company be liable for any consequential loss or loss
of profits suffered as a result of any such fault or defect. Further, the
Companyís liability whether in respect of one claim or other aggregate of
claims by the Customer shall not exceed the price payable by the Customer
under the contract (which the Customer hereby agrees is a reasonable pre-estimate of his anticipated loss).
MASTERING, PLATES, FILM & ARTWORK
production masters (including bin loop masters) and printing plates, films or
artworks made by the Company shall remain the property of the Company and any
charges relating are for the time and expertise in creating them. The Company
reserves the right to dispose of the same and any supplied printed paper
parts without reference to the Customer if they remain unused for longer than
CANCELLATION & TERMINATION
a. Orders accepted by the Company may be
cancelled only with the written consent of the Company, such consent to be in
the Companyís absolute discretion and then only upon payment of all reasonable
cancellation charges which shall include expenses incurred by the Company.
- If the
Customer is adjudicated
insolvent or commits any act of
bankruptcy or compounds or makes any
arrangements with creditors or proceedings are commenced
or petition presented for the liquidation of the Customer or if a
receiver or manager is appointed of
all or any part of its assets or
undertaking the Company shall be entitled to cancel the contract in
whole or in part by notice in writing without prejudice to any right or
remedy accrued or accruing to the Company.
Company shall be under no liability whatsoever for any delay, loss or damage
caused wholly or in part by any act, matter or anything beyond the Companyís
by the Company and any dispute or litigation arising there from shall be
governed by English Law and be subject exclusively to the jurisdiction of the
English Courts. For Islamic business International Islamic law take precedence. Disputes
not settled in the Islamic court must be then transferred to English courts.
shall be given by either party by letter sent by facsimile transmission or by
first class post and addressed to the other party at its principal place of
business or last known address or (in the case of a Company) current
registered office. Any such notice shall be deemed to have been received on
the date of dispatch in the case of facsimile transmission, and on the second
working day after posting if sent by post.
The Customer hereby confirms and warrants that he has obtained
the consent of the owners of all rights (including musical, artistic and other
copyright and performing rights) in and attaching to the Masters or Artworks
required for the carrying out of the contract by the Company.
INTELLECTUAL PROPERTY RIGHTS
Any intellectual property rights of whatsoever nature (including but not limited
marketing or promotion materials, image or
styling design, logos, web site design names URLs, artwork,
graphics, packaging design, concepts) created in whole or part by The company
in relation to the customershall be and remain at all times the exclusive
property of the company (save in respect of copyrights in compositions bona
fide created by the Artist) and use thereof shall be licensed to the
customerunder the terms of a separate agreement (subject to the
consent of the parties hereto) which agreement shall also constitute
agreement between the company and the customeras to the costs to the
customerof such additional creative input.
14. ADDITIONAL SERVICE TERMS
|All payment is due on completion of specified work.Payment must be redeemed if a projects naturally timeline is delayed due to the client. i.e. if a project is charged for 3 days of work and the client stalls on supplying items or approving drafts then the payment will be due as if the project had no interruptions.
|Any issues with studio and other service work must be made know within 3 working days of receipt of the service (studio/video/web design/etc)
| The company is not responsible for any materials (files, images, photos, data) beyond the life cycle of the project. Backups are at the desecration of the company.