Conditions of Business :
1.1 These terms and conditions (“the terms”) govern every contract made between Ali Cat Graphics for the supply of goods and services to any person, firm or company (“the client”).
1.2 The terms prevail over any written terms and conditions of the client.
1.3 Any variation to the terms must be agreed in writing by a director of Ali Cat Graphics.
1.4 All contracts between Ali Cat Graphics and the client will be governed by Canadian law and the parties agree to submit to the exclusive jurisdiction of the Canadian courts.
2. Price and payment
2.1 The client will pay Ali Cat Graphics the fixed fee or current price list charge – whichever is agreed at the time of instruction.
2.2 Ali Cat Graphics will invoice the client at 28 days if feedback is not received to progress the clients project.
2.3 Invoices from Ali Cat Graphics to the client for supply of goods or services should be paid in full on receipt of invoice, by cheque or cash.
2.4 Ali Cat Graphics reserves the right (without disclosing a reason) to demand payment for work on collection at any time.
2.5 The client will pay Ali Cat Graphics any expenses incurred by in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).
3.1 Orders for work must be given in writing to Ali Cat Graphics by the client.
3.2 Not withstanding clause 3.1, if Ali Cat Graphics accepts a verbal order from the client Ali Cat Graphics will not be held responsible for any mistakes (made by either party) arising from that verbal order.
3.3 Ali Cat Graphics reserves the right to refuse to accept any order.
4.1 All quotations given by Ali Cat Graphics will be valid for 28 days from the date of quotation.
4.2 If the clients final order changes from the original specification made for the quotation, Ali Cat Graphics reserves the right to vary the quotation.
5. Turnaround times
5.1 Turnaround times which are quoted in the price list and web site are normal target times only and Ali Cat Graphics accepts no liability for failure to meet these times, but will use its best endeavours to do so.
6. Image sizes
6.1 Some transparencies and/or negatives do not have the exact same proportions as certain paper sizes. If this is the case, the client must inform Ali Cat Graphics if they require the full image area or if image should be cropped to fill the desired print size. If no instructions are given Ali Cat Graphics will print the full frame.
7. Print finish
7.1 Unless stated by the client, Ali Cat Graphics will decide, at its sole discretion, which print finish to use (either semi-matt or gloss).
8. ADSL data transmission
8.1 Ali Cat Graphics will not accept responsibility for loss of earnings to the client for untransmissable ADSL data. It is solely the responsibility of the client to ensure the receiving end of the ADSL transmission has an active compatible computer. It is also the responsibility of the client to ensure the correct ADSL address is given to Ali Cat Graphics.
9. Colour balancing
9.1 Ali Cat Graphics will, if requested by the client, scan images to a colour balance provided by the client by way of reference prints or polaroids.
9.2 If no such request or reference material is provided by the client Ali Cat Graphics will scan and/or print images using its own ‘judgement’ for colour balancing.
10. Uncollected work
10.1 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 done, Ali Cat Graphics reserve the right to dispose of such material.
11. Copyright and moral rights
11.1 Ali Cat Graphics claims no copyright in material submitted to us for the purposes of fulfilling the clients instruction.
11.2 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 Ali Cat Graphics.
11.3 The client also warrants that no copyright or moral rights will be infringed by Ali Cat Graphics carrying out the requested work.
11.4 The client agrees to indemnify Ali Cat Graphics against all losses, damages, claims or expenses which Ali Cat Graphics may incur by virtue of any breach of the above warranties.
12.1 The client must contact Ali Cat Graphics concerning details of an invoice within 7 days of the date of the invoice.
12.2 Ali Cat Graphics’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 Ali Cat Graphics for whatever reason;-
12.2.1 Will be limited to the replacement cost of the actual material and;
12.2.2 Ali Cat Graphics will not be liable for the cost of reshooting or reprinting the material contained on the material and;
12.2.3 Ali Cat Graphics will not be liable for any loss or damage to the client or any other party including loss of income and;
12.2.4 It is the clients responsibility to insure against such loss and damage.
12.3 Ali Cat Graphics will not be liable for failing to complete any contract between Ali Cat Graphics and the client due to circumstances beyond Ali Cat Graphics’s control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.