Terms & Conditions
Play Design Limited trading as pd
pd shall charge for work at prices stated as our hourly rate, current at time of order, unless agreed otherwise in writing before the work starts. All prices given to customers are assumed to be exclusive of delivery charges and VAT.
pd will quote prices and estimate delivery times for any job: a) Quotes and delivery estimates are provided subject to sight of work, and are subject to pd having capacity available to complete the work. b) Customers are urged to check specifications and conditions in any quote. pd will charge for work carried out beyond the quoted specification. c) Quotes are checked for accuracy. However, pd reserves the right to decline work if an error occurred in the quote.
3. Payment terms
The customer shall pay invoices for work ordered within 30 days from date of invoice. pd reserves the right to charge interest on all overdue sums (including interest charges for late payment) at the rate of 2.5% per month, payable on demand.
4. Verbal Instructions
The customer is urged to issue all instructions in writing and to confirm telephone instructions by fax/email. pd will use its best endeavours to follow instructions given verbally, but shall except no responsibility or liability for work carried out on this basis.
5. Work Supplied Late
pd cannot be held responsible for work received late. pd reserves the right to charge extra for work which, as a result of being supplied late, must be executed more quickly than originally agreed.
If progress of work is delayed without prior arrangement by more than seven days due to customer approvals, material supplied late, or for any reason that is outside the control of pd, pd shall be entitled to payment for all work already carried out, whether or not delivered.
7. Acceptance of Work
The customer shall inspect all work immediately on receipt, and give notice of any alleged defects in writing to pd within three working days of delivery. Failing such notice, the work shall be deemed to have been accepted and therefore the customer will be liable for payment.
pd liability to the customer for any damage or expense caused by any failure to discover any defect/error in the work or otherwise arising, shall be limited to a sum equal to the amount pd charges for those items of work effected. pd cannot be held liable for any errors, failure, defect, or delay in the work caused by the supply of unsuitable specifications or computer files by the customer.
9. Force Majeure
pd shall have no responsibility to the customer in the event of any failure, delay or default due in whole or part to: a) Circumstances beyond pd’s control. b) Fire, power failure, mechanical or software failure, storage media corruption and unavoidable shortage of materials. c) Industrial disputes or third party actions.
Until work carried out by pd is paid for in full, including interest for late payment, legal and beneficial ownership shall remain with pd, and the customer shall hold the work on a fiduciary basis. Not with standing the above, the customer may sell on the work in normal course of business, in which case pd ownership shall attach to the proceeds of the sale.
11. Intellectual Property
Any creative elements in pd’s work are sold only as a limited license for use to the extent specified in (or that could be assumed from) the original order. pd shall retain full legal and beneficial ownership of such creative work, and no additional or subsequent use or commercial exploitation may be made without pd’s expressed permission in writing.
12. Indemnity & Libel/Obscenity
The customer shall fully and effectively indemnify pd against all costs, expenses, damages and losses in connection with any third party proceedings with respect of goods produced, worked on or work carried out by pd, including claims and proceedings relating to copyright, trademarks, patents, industrial property, libel and obscenity.
13. Customer Default
If the customer shall be in default, or if pd has reason to believe that the customer will be unable or unwilling to discharge its obligations, then pd may cease work without any liability and give notice to the customer that payment for any thing supplied under the contract between the two parties is due and payable immediately. Without prejudice to other remedies, pd shall in respect of all unpaid debts due from the customer have a general line on all goods and property in its possession, and shall be entitled to dispose of such goods or property as it thinks fit in order to apply the proceeds towards such debts.
pd may subcontract any or all of the customers work, but pd shall remain liable to the customer for it.
15. Divisibility of Contract
All contracts between pd and its customers are divisible. Each delivery made (i) shall be deemed to arise from a separate contract, and (ii) shall at pd’s discretion be invoiced separately.
16. Different Conditions
These conditions override any differing conditions which may appear on the customer’s order, and may be modified only with the written consent of pd.
17. Governing Law
The resolution of any dispute shall be governed by the Laws of England.
18. Publicity Rights
pd are entitled to claim authorship for designs/products reproduced wholly or substantially to our design. The customer agrees to give us credit where appropriate in all initial press publicity material. pd appreciate the opportunity to see such material before publication. We reserve the right to use our design work in self promotion literature and advertising.