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Terms & Conditions

Name of supplier

This agreement is made by Foyer Graphics ('we' or 'us' in these terms and conditions), which operates as part of Foyer Enterprise, a Scottish Company (SC 181240) and the trading arm of Aberdeen Foyer a Charitable Company (SC 184423) whose registered offices are at 18 Marywell St, Aberdeen, AB11 6FS.

What is to be provided to you by us

We and you have agreed that we will supply to you the goodsor services described in the acknowledgement of order attached hereto. You will be responsible for approving proofs of all work in writing. We will only start work on your order when you sign the acknowledgement of order. We will revise work only as instructed by you in writing. We will not be responsible for any errors not corrected or checked by you.

Price (and VAT)

The price for the items is set out in the acknowledgement of order. We will add VAT at the prevailing rate. If you are making payment by cheque then payment should be from a UK bank, with the cheque being made out to Foyer Enterprise and crossed 'A/C payee only'.

When payment is to be made

You will need to make payment within 30 days of the date of our invoice.

When delivery will be made

Our aim is to deliver the goodsor perform the services within [30] days of acceptance of your order or as stated in the acknowledgement of order. It will not always be possible to do this, and we and you agree that we cannot guarantee we will deliver the goodsor perform the services within [30] days.

Cancellation rights

You can cancel this contract but this must be done in writing to us. You may have to pay a cancellation charge to us if we have started working for you. If we have completed your work you will be liable to pay the full price for the goods/services that you have ordered.

Ownership of goods

We shall own the goods until we have received payment in full from you, even though the goods may have been already delivered to you. Where you have paid by cheque or credit or debit card, 'payment in full' means that the funds have reached our bank account.

Copyright

We will own the copyright in any goods that we have created for you.

Limitation of liability

We aim to carry out the services with reasonable care and skill. If any part of the services is performed negligently or in breach of the provisions of this agreement then, on your request, we will re-perform the relevant part of the services. We will not be liable to re-perform any part of the services which we have performed negligently or in breach of this contract unless you notify us in writing to our contact address. This does not affect your statutory rights.

Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this contract whether arising in contract, tort, delict, negligence, breach of statutory duty or otherwise howsoever shall not exceed the price you have paid us.

Except to the extent permitted by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or breach of the contract on our part and we shall have no liability to pay any money to you by way of compensation other than to refund to you the price you have paid to us.

Entire agreement

These terms and conditions set out the whole of our agreement relating to the supply of the goods and services to you by us. Nothing said by any salesperson, agent, employee, director or other representative on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Law and jurisdiction

The validity, construction and performance of this contract shall be governed by Scots law and shall be subject to the exclusive jurisdiction of the Scottish courts to which you and we submit.