Here are our terms and conditions of business. We've tried to make them as fair and clear as possible. If you have any questions at all about doing business with us simply drop us an email and we'll be happy to discuss your requirements.
1 – General
1.1 All quotations are made and all orders are accepted subject to these conditions, which override and exclude any other terms stipulated or referred to by the client (and whether oral, written or under any course of dealing between Presto Audio Visual Ltd and the client).
1.2 The written contract comprised by the supplied quotation (incorporating these conditions), any agreed special conditions, the client's order and Presto Audio Visual Ltd's confirmation of order constitute the entire agreement between Presto Audio Visual Ltd and the client and may only be varied in writing signed by Presto Audio Visual Ltd. All previous verbal or written negotiation or representations by or on behalf of either the client or Presto Audio Visual Ltd are superseded.
1.3 In these conditions 'services' means work carried out by Presto Audio Visual Ltd for the client, and includes preparatory research, investigation and enquiries and the preparation and completion of the (where appropriate) consultancy report.
1.4 The contract is not assignable by the client.
1.5 Information contained in Presto Audio Visual Ltd's advertising literature is provided for general guidance only.
2 - Completion of the services
2.1 Unless specifically agreed in writing, any date of completion of the services specified by Presto Audio Visual Ltd is an estimate only and any failure to complete the services by that date shall not constitute a breach of contract or negligence, nor shall Presto Audio Visual Ltd be liable for the consequence of delay.
2.2 Presto Audio Visual Ltd will promptly notify the client of any matter or circumstance, which is likely to cause delay in the completion of the services.
3 – Price
3.1 The price quoted by Presto Audio Visual Ltd is based on the rates, which operate on the date of the quotation. Presto Audio Visual Ltd reserves the right to revise the contract price to take account of increases in costs including (without limitation) currency fluctuations, wages, materials, transport and overheads between those prevailing at the date of the contract and those at the date of completion of the services.
3.2 In the event of any alteration being required by the customer in the terms, criteria, basis or duration of the services or if any variation is (in the opinion of Presto Audio Visual Ltd) necessary to complete the services Presto Audio Visual Ltd shall be entitled to make an appropriate adjustment to the correct price corresponding to such alteration or variation.
3.3 In addition to the contract price the client will reimburse the company all expenses reasonably incurred by the Presto Audio Visual Ltd, it's employees and agents, in the carrying out and completion of the services.
4 – Payment
4.1 For services completed wholly or mainly within the United Kingdom, Presto Audio Visual Ltd will submit invoices as outlined in this quotation for which full payment shall be made to the company within 14 days of issue of each.
4.2 Interest is chargeable on all overdue amounts at the rate (as well after as before any judgement) of 8% per annum in excess of the base rate for the time being of HSBC Bank Plc.
4.3 Any and all deposit payments (a 'deposit' payment, having being defined as such within a quotation, invoiced from Presto Audio Visual Ltd. to the client and paid in full or in part by the client) are non refundable.
5 – Termination
5.1 The contract may be terminated:-
5.1.1. Forthwith by Presto Audio Visual Ltd if the client fails to pay any sum due under the contract within 14 days of the due date for payment
5.1.2. Forthwith by either party if the other commits any material breach of any term of the contract (other than the one falling within 5.1.1 above) and which (in the case of breach which is capable of being remedied) shall not have been remedied within 7 days of a written request to remedy the same.
5.2 Any termination of the contract pursuant to this clause shall be without prejudice to any other rights or remedies a party may be entitled to under the contract and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any term which is, expressly or by implication, intended to come into or continue in force on or after termination.
Without prejudice to the generality of this provision Presto Audio Visual Ltd shall be entitled to be paid for all work done and all expenses incurred up to the date of termination, and payment shall be due on termination.
6 - Intellectual property rights
6.1 The patent, copyright, design, trade mark or other industrial or intellectual property rights in the services provided and any product or process arising out of the services provided shall vest with Presto Audio Visual Ltd until all invoices relating to the contract are paid in full.
6.2 Unless expressly stated, the client or named representative shall be named legal registrant for any domain names relating to the project and responsibilities relating to the maintenance of these shall pass to the client on completion or termination.
7 – Non-solicitation
7.1 The client undertakes that during the carrying out of the services and for the period of 12 months following its termination or expiry it will not directly or by its agent or otherwise and whether for itself or for the benefit of any other person induce or endeavour to induce any officer or employee of Presto Audio Visual Ltd to leave his employment.
8 – Liability
8.1 Subject to the Unfair Contract Terms Act 1977, all implied terms, conditions and warranties are excluded and Presto Audio Visual Ltd's liability in relation to any claim (whether for breach of contract or in tort) shall not, in any circumstances, exceed the contract price.
8.2 Except in respect of personal injury or death caused by Presto Audio Visual Ltd's negligence, Presto Audio Visual Ltd shall not be liable to the client by reason of any representation or implied term, condition or warranty, or any duty at common law or under statute, or under terms of the contract between Presto Audio Visual Ltd and the client for any consequential loss or damage (however caused arising from or in connection with the services or other work).
8.3 All advice and information given by Presto Audio Visual Ltd to the client (in whatever form and whether printed, written or verbal) is given without liability or responsibility on the part of Presto Audio Visual Ltd or its employees. Presto Audio Visual Ltd accepts no responsibility to the client or any third party for the whole or part of such advice and information, and the client shall indemnify Presto Audio Visual Ltd against any liability, claim, loss, damage, costs or expenses arising out of any third party relying upon it.
Rights on customer's default or insolvency
Without prejudice to any other rights, which he may have against the client, Presto Audio Visual Ltd may rescind the contract or suspend performance of it, in whole or in part, in any of the following circumstances:-
- if any sum is due from the client to Presto Audio Visual Ltd under the contract (or on any other account) but is unpaid; or
- if the client is in breach of any provision of the contract or,
- if the client becomes bankrupt or insolvent or enters into any composition or arrangement with the client's creditors, or in the event of a resolution being passed or proceeding commenced for the liquidation of the client (other than for a voluntary winding-up for the purpose of reconstruction or amalgamation), or if the receiver, administrator receiver and/or manager is appointed over all, or any part, of the client's assets or undertaking.
The company is entitled to assign the whole or any part of the contract upon giving seven (7) days' notice in writing to the client.
9 – Assistance
9.1 The client shall nominate a representative to liaise with Presto Audio Visual Ltd in its performance of the services.
9.2 The client shall give to Presto Audio Visual Ltd, and shall procure that its nominated representative and other employees, agents and other relevant persons give to Presto Audio Visual Ltd, such advice and assistance (including the provision of documentation and access to the client's premises) as Presto Audio Visual Ltd requires to perform and complete the services.
10 - Force majeure
10.1 Presto Audio Visual Ltd shall be under no liability if it is prevented from, or delayed in, carrying out the whole or any part of the contract for any cause beyond its control.
11 – Waiver
11.1 No failure by Presto Audio Visual Ltd to enforce, or require strict compliance of, any term of the contract shall constitute a waiver thereof, nor any subsequent breach of the same or any other provision.
12 - Duration of contract
12.1 Unless expressly stated, or terminated as clause 5 of these terms and conditions, the contract shall be in effect until completion of agreed services as per clause 2 of these terms and conditions.
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