Terms & Conditions

Use of this website establishes, and is strictly on the basis of, agreement in full by you, on your own behalf and on behalf of anyone you represent, to the following Terms and Conditions:

  1. We reserve the right to amend these Terms & Conditions at any time by amendment to the version posted on the website, where after any subsequent use by you of the website will be taken as acceptance by you of the Terms & Conditions in their amended state.
  2. You warrant that you are not in breach of any law or order of any court by using this service.
  3. You agree that, in visiting and navigating around this website:
    1. You will not act in any way that amounts to a breach of any law and will fully indemnify and hold us harmless against all claims or demands or other consequences of any breach of this provision,
    2. You will not upload onto any area of this website any images, graphics, text, hyperlinks, machine readable code or other content that amounts to a breach of the rights, including intellectual property rights, of others and/or which may breach reasonable standards of morality, decency and respect for the interests of others to be treated with civility and/or which may breach the rights in law of others not to be defamed and/or which may breach any right in law whatsoever and shall hold harmless ourselves against all claims and demands that may relate in any way to such content,
    3. You will not upload onto any area of this website any information, whether as to your identity, the purpose of your visit or otherwise, that is not truthful and honest,
    4. There is no liability on us for loss or damage resulting, directly or indirectly, from your visit to (including agreeing not to seek to hold us responsible, or accountable, for any action or lack of action by yourself as a result of information or advice appearing on), this website, or through access from this website, whether a website that is linked from this website, or any website that masquerades as our website or from data and information appearing through data sharing technologies, or from your use of less than the optimal encryption security, anti-virus or anti-spam protection or other similar procedures, including measures to protect your personal identity, in your browser or e-mail program, or otherwise the manner and procedures you adopt when browsing around the Web,
    5. That we reserve the right at any time to suspend or cancel your use of, or access to, this website,
    6. That you recognise that we own all intellectual property rights in the content on this website, and that you will not, either by yourself directly or by assisting or permitting others so to do, do anything that breaches in any way such intellectual property rights of ourselves and, in particular, will not copy or reproduce any element of this website or its code or use it, or any part of it, to create any content, document, website, image or graphic. In addition you will not create, or permit or assist others in creating, any hyperlink to any part of this website save to the home page nor take any action that directly or indirectly prevents, in whole or in part, access to, or reduces the enjoyment by yourself or others of, this website,
    7. That when seeking to purchase any goods or services on this website, that you will not do so save on the basis that our Terms and Conditions of Sale are accepted by you as regulating any such purchase you make.
  4. In the event that any term is held to be invalid by a decision of a court of competent authority, the remainder of these Terms & Conditions shall remain valid and enforceable.
  5. The laws of England and Wales shall be the only laws that apply to your use of this website and you agree to submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any claim or dispute arising.

 

 

TERMS & CONDITIONS

  1. All quotations will be valid for 60 days or for a period which may be stated on the quotation and thereafter will be subject to any increase in the cost of labour or materials.
  2. Quotation costs are to carry out the works / supply goods detailed in the drawings, specification, or as instructed. Any variations costed accordingly and will be charged for on a time and material basis.
  3. Instructions to vary the original works / order should be given in writing prior to any additional work being commenced however verbal instruction will be accepted from a person of authority, save when the company is a direct party to a contract issued by the Joint Contracts Tribunal, when the relevant clauses shall apply.
  4. The Company shall not be liable for late delivery, non-delivery or damage to goods, or late completion of works, arising from circumstances beyond its control.
  5. The Company’s liability to the client (in contract, tort or otherwise) arising out of, under or in connection with any contract, or for goods supplied shall be limited to the invoice price of the particular item in regard to which the claim is made. Goods held in store after the agreed delivery date shall be at the risk of the client in respect of fire, theft or damage howsoever caused, except when the Company has received express instructions to obtain insurance cover on behalf of the client.
  6. The Company reserves the right to dispose of any goods still held in store after a period of two months following the agreed delivery date, unless agreement has been made in writing to continue the period of storage. Payment for the good remains due by the agreed date.
  7. No claim in respect of incorrect manufacture of goods or unacceptable workmanship will be considered unless received in writing within seven days of delivery or work being carried out or the goods supplied to site.
  8. Cancellation Policy: Cancellations will be accepted in certain circumstances, in writing, but any goods already manufactured, in part or complete, materials specifically ordered for that contract or labour assigned, must be paid for.  Cancellation must be within 72 hours of the order being placed.
  9. Payment Terms: Credit facilities may be granted at the discretion of the Company. All accounts are due for payment 30 days from the date of invoice unless otherwise stated. Interest at 8% above base rate will be charged on a daily basis on all overdue accounts.
  10.  Barwick retain title to all installed goods and design copyrights until payment is received in full.
  11.  All goods supplied by the Company shall be at the buyer’s risk as from delivery.
  12.  In spite of delivery having been made, property in the goods shall not pass from the Company until:

(i) The buyer shall have paid for them plus VAT in full, and

(II) No other sums whatever shall be due from the buyer to the Company

  1.  Until property in the goods passes to the buyer in accordance with the above clause, the buyer shall hold the goods and each of them on a fiduciary basis as bailee for the Company. The buyer shall store the goods (at no cost to the Company) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Company’s property.
  2.  Notwithstanding that the goods (or any of them) remain the property of the Company the buyer may sell or use the goods in the ordinary course of the buyer’s business at full market value for the account of the Company. Any such sale or dealing shall be a sale or use of the Company’s property by the buyer on the buyer’s own behalf and the buyer shall deal as principal when making such sales or dealings. Until property in the goods passes from the Company the entire proceeds of sale or otherwise of the goods shall be held in trust for the Company and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified s the Company’s money.
  3.  The Company shall be entitled to recover the purchase money (plus VAT) notwithstanding that property in any of the goods has not passed from the Company.

Until such time as property in the goods passes from the Company the buyer shall upon request deliver up such of the goods as have not ceased to be in existence or resold to the Company. If the buyer fails to do so the Company may enter upon any premises owned occupied or controlled by the buyer where the goods are situated and repossess the goods. On the making of such request the rights of the buyer under Clause 16 shall cease.

  1.  The buyer shall not pledge or in any way charge by way of security for an indebtedness any of the goods which are the property of the Company. Without prejudice to the other rights of the Company, if the buyer does so all the sums whatever owing by the buyer to the Company shall forthwith become due and payable.
  2.  The buyer shall insure and keep insured the goods to their full value against ‘all risks’ to the reasonable satisfaction of the Company until the date that property in the goods passes from the Company and shall whenever requested by the Company produce a copy of the policy of insurance. Without prejudice to the other rights of the Company if the buyer fails to do so all sums whatever owing by the buyer of the Company shall forthwith become due and payable.
  3.  The buyers shall where applicable promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 Part XI I amended.
  4.  Without prejudice of the other rights of the Company if the buyer fails to do so all sums whatever owing by the buyer to the Company shall forthwith become due and payable.
  5.  For the purpose of this clause the word ‘goods’ shall be defined as including goods incorporated into other goods or fixed to goods or property not owned by the Company.
  6.  Any dispute or difference of any kind whatsoever which arises or occurs between the parties in relation to any matter arising out of or in connection with this agreement shall be referred to the arbitration of a single arbitrator to be appointed on application by either party by the Chartered Institute of Arbitrators. The award of such arbitrator shall be binding on the parties.
  7.  Unless otherwise agreed in writing these Terms and Conditions shall apply to all orders placed. Any stipulations or conditions contained in an order from the buyer which would contradict with, qualify or negate any of the Terms and Conditions shall be inapplicable unless expressly agreed otherwise in writing by this Company.
  8.  All works of a design nature produced by Barwick shall remain the copyright of said company. No unauthorised usage or duplication is permitted without prior agreement. This relates to all presented conceptual ideas, working drawings and plans.
Terms & Conditions Wonder Media Ltd