Small Print

1    Basis of sale

1.1 In these conditions 'James Atkins Design ' shall mean James Atkins and any  employees, or associates, freelancers, associated or subsidiary companies and 'client' means the person or body who accepts James Atkins Design's quotation for design work whose order is accepted by James Atkins Design.

1.2 'Design work' shall mean any work to be executed by James Atkins Design for the client.

1.3 James Atkins Design shall execute design work for the client in accordance with James Atkins Design's written quotation (by email, fax or letter) or the client's written order subject in either case to these conditions.

1.4 No variation to these conditions shall bind the parties unless they agree in writing.

1.5 James Atkins Design shall not be liable for any oral advice or recommendation given by James Atkins Design to the client concerning the design work.

2    Orders and specifications

2.1 James Atkins Design shall not be deemed to have accepted the client's order unless James Atkins Design has accepted it in writing (by email, fax or letter).

2.2 The client is responsible for ensuring accuracy of the client's order.

2.3 The client shall indemnify James Atkins Design against any liability for infringement of the intellectual property rights or other legal rights of any third party which may result from James Atkins' use of the client's specifications.

2.4 James Atkins Design may alter the client's specifications to conform with any statutory requirements provided this does not materially affect the quality or performance of the design  work.

2.5 Cancellation by the client will only be accepted on terms that the client will indemnify James Atkins Design against all losses and costs thus incurred by James Atkins Design.

2.6 James Atkins Design reserves the right to submit proofs for client approval. Once approved any alterations will be at the client's cost. These proofs may include hard copy printers' proofs or digital proofs in PDF format.

2.7 Any origination, films, digital artwork files, screens or positives ('orginals') produced by James Atkins Design or representatives will remain James Atkins Design's property. Should the client require copies of originals, the costs of such originals will be charged extra. James Atkins Design reserve the right to retain copies of design work in digital form.

2.8 Where the client is to supply materials or equipment ('client's property') to James Atkins Design, such client's property will be held by James Atkins Design at the client's sole risk.

3    Price of the design work

3.1 The price will either be James Atkins Design's  quoted price or where no price has been quoted, a price based on the cost to James Atkins Design if executing design work at the date of completion of the work. All quoted prices are valid for thirty days only.

3.2 If the cost to James Atkins Design of executing the design work increases before delivery factors beyond James Atkins Design's control, James Atkins Design may increase the price accordingly.

3.3 Unless otherwise agreed all prices are given by James Atkins Design on the basis that the Client collects the design work from James Atkins Design premises and where James Atkins Design agrees to deliver the Design Work other than at James Atkins Design's premises the client will pay James Atkins Design's charges for transport.

3.4 Alterations at the client's request made after James Atkins Design has accepted the clients order will be charged.

3.5 If James Atkins Design produces samples, mockups or proofs for the client, the client will pay extra for them.

4 Terms of payment

4.1 Unless James Atkins Design has agreed otherwise in writing the client will pay for the design work 30 days after the date of James Atkins Design's invoice for the design work. The time for payment shall be of the essence of the contract.

4.2 If the client fails to pay for the design work within the time limit in 4.1 above then in addition to its other rights detaile in the Late Payment of Commercial Debts (Interest) Act 1998 James Atkins Design may cancel the contract and suspend any further delivery and charge the client interest on the outstanding amount of the Bank of England reference rate + eight per cent..

4.3 In the case of international clients, unless there is prior arrangement, invoicing and payment will be denominated in UK Sterling Pounds. The client shall pay 100% of any bank or currency conversion charges.

5 Delivery   

5.1 Unless James Atkins Design has agreed in writing to deliver the design work elsewhere, the client will collect it from James Atkins Design's premises when James Atkins Design notifies the client that the design work is ready for collection.

5.2 Whilst James Atkins Design will use reasonable endeavours to complete the design work by any delivery date agreed in writing between James Atkins Design and the client time for delivery shall not be the essence of the contract unless so agreed in writing and in particular (but without general prejudice to the gernerality of the foregoing) James Atkins Design shall not be liable for any delay in delivery caused by any default of the client or any third party.

5.3 Where the design work includes printing any delivery up to 5% more or less than the ordered quantity in the case of one colour printing and 10% more or less than the ordered quantity in the case of other printing without adjusting the price the quantity so delivered shall be deemed to be the quantity ordered.

5.4 If the design work is to be delivered by instalments each delivery will constitutes a separate contract. If James Atkins Design fails to deliver one or more of the instalments the client shall not be entitled to repudiate the whole contract.
5.5 James Atkins Design's liabilty for damages for non-delivery shall be limited to the price of the design work.

Risk and Property

6.1 Risk of damage to or loss of the design work will pass to the client at the the time when James Atkins Design notifies the client that the work is available for collection, or where James Atkins Design is to deliver the design work to the client, at the time when James Atkins Design tenders delivery.

6.2 The design work shall not belong to the client until the client has paid for it in full.

6. 3 Speculative design 'concepts' or design work submitted as a 'pitch' at no cost to the client remains the intellectual property of James Atkins Design.

6.4 Without prejudice to the generality of Condition 2.7 above where any part of the design work includes original artwork prepared by or belonging to illustrators,photographers or agencies who are not employers of James Atkins Design ('external image suupliers') title to and property in such artwork shall remain vested in external image suppliersand shall not pass to the client. The client shall return such original artwork to James Atkins Design on demand.

7 Exclusions

7.1 James Atkins Design shall not be liable for any defect in the design work arising from any drawing or specification supplied by the client.

7.2 James Atkins Design shall not be liable for any defect or damage caused by the client.

7.3 Save as provided in these conditions and except where the design work includes a consumer sale (as defined by the Sale of Goods Act, 1979) all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

7.4 Where the design work includes consumer sale the clients statutory rights are not affected by these conditions.

7.5 The client must notify James Atkins Design of any defects in the work within 48 hours  of delivery.

7.6 If the client notifies James Atkins Design of a valid defect James Atkins Design's liability shall be limited (at James Atkins Design' sole discretion) to the rectification of the defects or the refund of the price.