1. Introduction
1.1 These terms and conditions (“the terms”) govern every contract made between Herbert Design & Marketing Ltd (HDML) 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 HDML.
1.4 All contracts between HDML and the client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

2 Price and payment
2.1 The client will pay HDML the fixed fee or current price list charge – whichever is agreed at the time of instruction.
2.2 HDML will invoice the client at 30 days if feedback is not received to progress the clients project.
2.3 Invoices from HDML to the client for supply of goods or services should be paid in full by 30 days from receipt of invoice.
2.4 HDML reserves the right (without disclosing a reason) to demand payment for work on collection at any time.
2.5 The client will pay HDML any expenses incurred by in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).

3. Ordering
3.1 Orders for work must be given in the form of a Purchase Order or P.O. Number to HDML by the client.
3.2 Not withstanding clause 3.1, if HDML accepts a verbal order from the client HDML will not be held responsible for any mistakes (made by either party) arising from that verbal order.
3.3 HDML reserves the right to refuse to accept any order.

4. Quotations
4.1 All quotations given by HDML will be valid for 30 days from the date of quotation.
4.2 If the client's final order changes from the original specification made for the quotation, HDML 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 HDML 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 HDML if they require the full image area or if image should be cropped to fill the desired print size. If no instructions are given HDML will print the full frame.

7. Print finish
7.1 Unless stated by the client, HDML will decide, at its sole discretion, which print finish to use (either semi-matt or gloss).

8. Data transmission
8.1 HDML will not accept responsibility for loss of earnings to the client for untransmissable data. It is solely the responsibility of the client to ensure the receiving end of the transmission has an active compatible computer. It is also the responsibility of the client to ensure the correct transmission address is given to HDML.

9. Colour balancing
9.1 HDML 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 HDML 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, HDML reserve the right to dispose of such material.

11. Copyright and moral rights
11.1 HDML 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 HDML.
11.3 The client also warrants that no copyright or moral rights will be infringed by HDML carrying out the requested work.
11.4 The client agrees to indemnify HDML against all losses, damages, claims or expenses which HDML may incur by virtue of any breach of the above warranties.

12. Liability
12.1 The client must contact HDML concerning details of an invoice within 7 days of the date of the invoice.
12.2 HDML’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 HDML for whatever reason;-
12.2.1 Will be limited to the replacement cost of the actual material and;
12.2.2 HDML will not be liable for the cost of reshooting or reprinting the material contained on the material and;
12.2.3 HDML 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 HDML will not be liable for failing to complete any contract between HDML and the client due to circumstances beyond HDML’s control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.