1. General
These terms and conditions (“Conditions”) are the exclusive terms under which Ditto Custom Clothing Ltd (“the Company”) contracts with the client (“the Client”). By placing an order, the Client accepts these Conditions. Any variation to these Conditions must be agreed upon in writing between the Company and the Client.
2. Charges and Payment
2.1 Production Expenses:
Unless otherwise agreed, the following expenses will be chargeable to the Client: copywriting, photography, consultancy, design, artwork, origination, and all production costs including print, embroidery, heat application, materials, special equipment, outside processes, quality control, packaging, and delivery. Screens are retained for six months from the date of the last print; thereafter, a screen remake charge will apply.
2.2 Additional Costs:
Any additional costs incurred by the Company due to alterations requested by the Client to quantities, delivery dates, specifications, or designs shall be borne by the Client.
2.3 Pricing:
All prices quoted are based on current hourly rates and expenses at the time of preparing the estimate. The Company reserves the right to increase prices and to subcontract any or all work. Estimates are valid for thirty days from the date of issue.
2.4 Delivery Charges:
Delivery charges are applied at cost plus 15% to cover administration and handling. The Company is not liable for any costs incurred due to lost or late delivery by third-party couriers.
2.5 Payment Terms:
Payment is due in full within thirty days following the date of the invoice. For non-account clients, a minimum deposit of 50% is required at the time of order, with the balance payable before shipment. The balance can be paid via Access, Visa, cheque, or cash upon collection.
2.6 Credit Facilities:
Credit facilities may be withdrawn if the Client’s account is abused, exceeds set credit limits, or becomes overdue. Goods will not be dispatched if an account is outside payment terms unless prior consent is given.
2.7 Late Payment:
If payment is not made within thirty days, the Company reserves the right to charge interest at 7.5% per month on the unpaid balance from the due date until payment is received.
2.8 Returned Cheques:
Returned cheques will incur an additional fee to cover bank and administration costs.
3. Ownership and Intellectual Property
3.1 Retention of Title:
Ownership of all commissioned work remains with the Company until the contract price is paid in full.
3.2 Copyright:
Copyright of all work produced by the Company remains with the Company unless otherwise agreed in writing.
3.3 Intellectual Property Rights:
The Client warrants that it owns or controls all intellectual property rights in all materials, designs, and logos submitted to the Company and has obtained all necessary licences. The Client shall indemnify the Company against all claims and costs arising from any infringement of intellectual property rights.
4. Client Obligations
4.1 Approval of Work:
The Client must notify the Company in writing within seven working days of receipt of any issues with the work. Failure to do so will be deemed acceptance of the work.
4.2 Changes and Cancellations:
Alterations and cancellations of contracts with third parties will only be made when permitted by the terms of those contracts.
5. Liability and Indemnity
5.1 Limitation of Liability:
The Company will not be liable for any loss, damage, or delay caused by circumstances beyond its reasonable control, including Acts of God, fire, or flood.
5.2 Indemnity:
The Client agrees to indemnify the Company against all claims, damages, and costs arising from the Client’s design or instructions, or any actual or alleged infringement of third-party rights.
6. Miscellaneous
6.1 Display of Work:
The Client agrees that the Company may display any design or logo on its premises or in company literature for marketing purposes unless specified otherwise.
6.2 Governing Law:
These Conditions shall be governed by and construed in accordance with the laws of England.
For further inquiries or clarifications, please contact us at our office at Unit 7 Whessoe Road, Darlington, DL3 0QP, or by direct transfer to NatWest Bank, Sort Code 52-30-18, Account No. 41786491.