For convenience in these “Terms & Conditions”, "the Customer" means the individual, business or company who commissions the services of, or purchases items from: Silicon ARK "the Company*".
By commissioning the Company to undertake work "the project" on their behalf, the Customer agrees that these Terms and Conditions of Trading define our working relationship and are as follows:
Initial enquiries are FREE, this is limited to verbal communication only, and not binding to any party. Any prospective project thereafter shall commence with a quotation (valid for 30 days), stating the specifications, materials , colours, quantities, artwork requirements, delivery and costs. Work will start on the project upon the Customer’s oral or written approval of the quotation and this will constitute an agreement between us. As part of this quotation process a pre production sample or an artwork proof, may be sent to the customer for evaluation and approval. These maybe free or if they consumes valuable time and resources an agreed charge may be levied which if fully refundable upon final completion of the project. Such fee will cover all materials and time required. The customer should make the company aware if the items to be produced are simply pre production samples, as this then is classed as a project in it’s own right and will be charged accordingly. An allowance may be deducted from any later full scale production run invoice by agreement only, and should the final specifications be identical to those of the pre production trial. Any revisions major or minor, may result in additional fee in addition to to that of the quotation.
New clients, are strictly CWO for first three orders, thereafter a 30 day credit account can be applied for (STS). Silicon ARK retail items can be purchased via PayPAL or by sending cheque payment directly.
Existing clients, with credit accounts are advised that unlike some companies we do not delete your account should it not be used for long periods of time, however an account may be suspended, for miss use or for breaching credit terms. The company reserves the right to suspend or terminate a credit account for whatever reason. Companies that Change trading names or change ownership must apply for a new account. We reserve the right to charge interest on overdue balances at the rate of 12% per annum or 1% per month. We reserve the right to withhold delivery or complete projects until past due balances are paid in full. The Customer shall pay the Company’s costs, charges and expenses directly or indirectly incurred in obtaining or otherwise enforcing payment of outstanding accounts.
In the event of a county court “small claim” being placed then an automatic fee of £250 will be added to the outstanding amount being recovered (to cover legal fees and documentation).
Overtime and urgent orders
All estimates are based around standard working week hours, Please make us aware if orders are required urgently in order to allow for overtime and weekend working premiums. Additional carriage costs might also be required.
Omissions & Errors
It is the Customer’s responsibility to check all proofs for accuracy in all respects all text and graphics to include spelling, dimensions and distances. The Company is not liable for errors or omissions. The Customer’s signature or that of his authorised representative is required on return of all proofs or artwork or written confirmation via e-mail of fax prior to release for printing or manufacture.
Under no circumstances whatever shall the Company be liable for losses special to the particular circumstances of the Customer, indirect or consequential loss including loss of profits, wasted expenditure, damage to property. Without prejudice to the other provisions of these conditions, the Company’s liability shall not exceed the total of the contract fees for the project or goods. The fees for any project or goods are based on the assumption that the liability of the Company and Customer are as set out herein.
All customers with special quality / performance requirements (automobile,military,medical, aerospace etc.) must ensure that any article manufactured by the company or sold by the company should meet their design criteria and be fit for use: designing, specifying, sterilising and testing and final inspection and insurance are all the responsibility of the customer.
The customer should be aware that the business may not meet any quality standard (**), technical ability or insurance requirements for high end bespoke products such is the variance in requirements and scope of products being manufactured, again this is the customers responsibility to decide and advise if there are special requirements that the company must be undertake.
i.e : Military, aviation, medical,automobile components will have come from secondary sources and as such should not be considered fit as direct replacements for original equipment without proper testing and certification to ensure they are fit for use. All testing is the responsibility of the customer.
Rights of ownership
Upon delivery of the project to the customer, the company will assign the reproduction rights of the design to the customer, but only for their use as in the original quotation, use of the material (including roughs, proofs, master artwork or samples and mock ups) for other any other projects such as advertising, website use, posters, show signage is prohibited without prior permission. Bastardisation of material, resizing, recolouring or physical alteration prohibited. Artwork including photographs sourced from third parties and used for the project remain copyright of the photographer or source unless purchased by the customer on behalf of the company. A charge may be levied for digital media and file transfer of artwork files to client. Files will be provided in whatever format was used for composition / production, in order to retain the graphical properties and special effects and to assure reproduction. no other format will be offered.
No responsibility for reproduction accuracy is given if these file are later used in any other program than the originating software.
We reserve the right to photograph and/or distribute or publish for our firm’s promotional and marketing needs any work we create for you, including roughs, visuals, mock-ups and presentations, as samples for our portfolio, newsletter, website, brochures, presentations and for entry for awards. We will endeavour to store files on computer disks for a period of 12 months beyond the delivery of a job. Thereupon, we reserve the right to discard them without notice.
All property or materials belonging to the Customer, as well as work performed, may be retained as security until all just claims against the Customer are satisfied.
The Customer will indemnify and hold the Company harmless for any loss or expense (including legal fees), and agree to defend the Company in any actual lawsuit, claim or action arising in any way from our working relationship. This includes, but is not limited to claims made against the Customer and any of its products and services arising from the publication of materials that we prepare and the customer approves before publication or the failure in service of any critical component.
Delivery and production schedules, storage of files and property belonging to the Client will be established and adhered to by both Customer and the Company, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, industrial dispute or strike, accidents, energy failure, equipment breakdown, unavailability of materials, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Customer or the Company. Where production schedules are not adhered to by the Customer - including payment and free issue materials / artwork, final delivery dates will be adjusted accordingly.
The validity and enforceability of this agreement will be interpreted in accordance with the laws of England but the Company reserves the right to bring proceedings in connection with this contract in any other court of competent jurisdiction. Failure by the Company to enforce any of these conditions shall not be construed as a waiver of that condition or any other condition.
These terms and conditions to be used in conjunction with the companying cookie and copyright policy.
(*) Silicon ARK is a trading name only, the term company does not mean Limited Company or Public Limited Company.
(**) Silicon ARK is not ISO 9001 / ISO 14001 registered. although most materials and practices conform.