Terms and Conditions

1 Estimates

(i) Estimates will be held open for acceptance up to 30 days from their date unless:
(a) otherwise stated in writing
(b) withdrawn or modified in writing
(ii) Estimates given orally must be confirmed in writing.

2 Costs

(i) Prices may be subject to revision to take account of intervening changes including material costs, labour charges and rates of exchange which may arise after the date of the estimate.
(ii) Although Raw Design will make every effort to inform the client of any changes, it reserves the right to make alterations without prior notice.
(iii) All costs refer to services actually included in the estimate.

3 Payment

(i) Payment is usually required within 30 days of the date of invoice unless other written arrangements have been made. Raw Design will, at its discretion, levy a charge (currently 8% above Bank base rate) per month on all amounts outstanding after 30 days from date of invoice. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
(ii) Where work is suspended or delayed by the client for over 30 days, payment for work already carried out will become due.

4 Delivery

(i) The date of delivery shall be the best possible estimate given at the time of estimate. Raw Design reserves the right to alter delivery dates without notice. Failure to meet delivery dates shall in no way give rise to any liability on the behalf of Raw Design.

5 Quantities

(i) Every endeavour will be made to ensure the correct quantity ordered, but quotations are conditional upon margins of 5% for work in one colour only and 10% for other work being allowed for overs or shortage, the same to charged or deducted.

6 Proofs

(i) The client shall be responsible for obtaining and verifying all proof material.
(ii) Unless specified in the estimate all proofs will be supplied as black & white laser printed.
(iii) Proofs (and any additional work incurred) additional to those specified in the estimate will be charged for.
(iv) Proofs of all work may be submitted for the client’s approval and in that event no responsibility will be accepted for any errors in them not corrected by him.

7 Liability

(i) Raw Design shall not be liable for indirect loss or third party claims occasioned by delay in completing the work, or for any loss to the client arising from delay in transit.
(ii) Where work is defective for any reason, including negligence, the liability (if any) of Raw Design shall be limited solely to the rectification of such defect.

8 Illegal Matter

(i) Raw Design reserves the right to refuse to work on any material it considers may be illegal for any reason.
(ii) The client shall indemnify Raw Design from all claims, demands, damages, penalties, costs, expenses or liability which may arise in respect of the infringements of any letters patent, registered design, trademark, design copyright, copyright or any other industrial property right resulting from or arising in the performance of the contract.

9 Client’s Property

(i) All materials supplied by the client shall be held and worked upon at the client’s risk. Raw Design accepts no liability for loss or damage, howsoever caused, to any client’s property.

10 Ownership of Materials

(i) All materials used in the production of work, including all artwork, layouts, proofs, design ‘roughs’, preliminary work, ideas, visuals, original photographs, magnetically stored information, printer’s film and plates remain the property and exclusive copyright of Raw Design.
(ii) 10(i) applies unless specific written assignation has been obtained by the client from Raw Design.

11 Risk & Title

(i) The risk in the Commissioned Work shall pass to the Client on delivery and the Client should therefore be insured accordingly.
(ii) Notwithstanding delivery and passing of risk, the legal property in and beneficial ownership of the Commissioned Work shall remain with Raw Design until the Client has paid all money owed by it to Raw Design.
(iii) Raw Design may, for the purpose of checking that these conditions are being complied with or recovering the Commissioned Work, enter upon any premesis where it is stored or where Raw Design reasonably believes it to be stored.
(iv) Until payment is made the Client shall possess the Commissioned Work as fiduciary bailee and agent only and shall store each item of the Commissioned Work securely and seperately from the Client’s own goods or those of any other person or previously Commissioned Work and in a manner which makes them readily identifiable by reference to Raw Design’s invoices.
(v) The Client’s right to possession of the Commissioned Work shall cease if any of the events described in these Terms occur.
(vi) The Client grants Raw Design an irrevocable licence to enter at any time any vehicle or premesis owned or occupied or in its possession for the purpose of repossessing and removing any of the Commissioned Work, the property in which has remained in Raw Design under Condition 11(ii). Raw Design shall not be responsible for and the Client will indemnify Raw Design against liability in respect of damage caused to such vehicles or premesis in such repossession and removal being damage it was not reasonably practicable to avoid.

12 Force Majeure

(i) Every effort will be made to carry out the contract but its due performance is subject to cancellation by Raw Design as a result of inability to secure labour, materials or supplies or as a result of any equipment failure, Act of God, war, strike, lockout or other labour dispute, fire, flood, drought, legislation or other cause (whether of the foregoing class or not) beyond the designer’s control.

13 Law

These conditions and all express terms of the contract shall be governed and construed in accordance with the Laws of England.