Terms and Conditions of Business
In these Conditions:
“The Company” means Cats Solutions Limited;
“The Client” means the person, firm or organisation using the services of the Company;
“Services” means the services forming the subject of the contract between Company and the Client
2. INCORPORATION OF CONDITIONS
These Conditions are the only terms or conditions on which the Company gives quotations, accepts bookings or orders or supplies the Services and (subject to the provisions of this Clause 2) override any other representations, terms or conditions stipulated, referred to or implied by the Customer or the Company, its servants or agents whether in any order or in any document or in any negotiation or discussion. No variation of these Conditions shall be effective unless made in writing, signed by or on behalf of the parties.
3. BOOKING AND ORDERS
A contract shall exist between the parties upon and only upon the Company accepting the Client’s booking or order and accordingly each booking when accepted in accordance with these Conditions constitutes a separate contract between the parties. Orders shall be accompanied by a signed Approval/Proof by the Client where artwork or other amendments have been requested or carried out by Cats Solutions Ltd personnel.
The charges applicable are those appearing upon the Company’s published price list current at the time of acceptance of the booking or order, or specified within a Client specific contract or other Agreement. Charges are quoted in Pounds Sterling exclusive of VAT, which shall be paid by the Client. The Company reserves the right to alter the terms of its price list at any time without prior notice provided that unless an increase in charges is solely the result of an increase in the cost to the Company of fulfilling the booking or order the Client shall be entitled to cancel the booking or order. To be effective, a cancellation in the circumstances of the last preceding sentence must be in writing and received by the Company within 24 hours of the increase in charges being communicated to the Client.
Payment of the Services shall be due within 28 days of the date of the invoice (“the due date for payment”), time to be of the essence. This provision shall be without prejudice to the Company’s right to require immediate payment of all outstanding invoices rendered to the Client where the Client is in default of the payment terms in this Clause in respect of one or more invoices. If payment is not received by the due date agreed between the parties, the Company reserves the right to withdraw any special terms or conditions or discounts or rebates that have or are intended to apply to any current or future contract. The Company reserves the right to require payment in part or full in advance of the date of performance of the Services.
The Company reserves the right to charge interest at the annual rate of 5% above the base rate from time to time of the Company’s bankers (both before and after judgement) and that such interest may be claimed by the Company from the date of invoices until the date of payment.
Any dates, times or periods quoted by the Company for performance of the Services are estimates only and the Company shall not be liable for failure to meet such estimates or for any costs charges or expenses incurred as a consequence of such failure and accordingly, the Client shall not be entitled to refuse to accept Services merely because of such failure. The Company may employ subcontractors to perform part or parts of the Service. The Company shall not be responsible for any errors or omissions in any order, specifications, artwork or other particulars that have been supplied to them or given authority to proceed by an authorised representative of the Client.
In its absolute discretion, the Company may, at any time, permit cancellation of a booking or order and reserves the right to cancel any booking or order in the event of any breach of any of these Conditions by the Client provided that in the event of any such cancellation, as liquidated damages, the Client agrees to pay 15% percent of the value of the cancelled booking or order according to the length of time between cancellation and the date estimated for performance.
9. RISK AND LIABILITY
Risk in the Client’s data or other materials will at all times remain with the Client. The Company cannot insure against loss of or damage to the content of Client’s data and materials and accordingly LIABILITY IN RESPECT OF SUCH LOSS OR DAMAGE EVEN WHEN THE RESULT OF NEGLIGENCE ON THE PART OF THE COMPANY, ITS SERVANTS, AGENTS OR SUB-CONTRACTORS IS HEREBY EXCLUDED. The Company shall have no liability for any indirect or consequential losses or expenses suffered by the Client, howsoever caused, including but not limited to loss of anticipated profits, goodwill, reputation, business receipts or contracts, or losses or expenses resulting from third party claims.
10. INTELLECTUAL PROPERTY
Subject as hereinafter provided the Client shall indemnify and keep indemnified the Company against all actions, claims, demands, costs, charges and expenses arising from or incurred by reason of any infringement or alleged infringement of any Copyright or other intellectual property rights or any defamation or alleged defamation arising out of the processing or reproduction of the Client’s films or tapes by the Company, or any work carried out by the Company on the Client’s instructions. Any specifications and designs supplied by the Company or developed on behalf of the Client shall remain the property of the Company and be treated as confidential unless agreed otherwise in writing.
Unless otherwise instructed by the Client in writing, the Company may use Client’s name and brief details of the Services for the purposes of the Company’s advertising and promotion of its business.
12. FORCE MAJEURE
The Company shall not be liable in any way for any loss or damage arising directly or indirectly, through or in consequence of performance of the Services being prevented or delayed by any occurrences due to or by reason of any matters or things beyond the control of the Company.
13. CLIENT’S UNDERTAKINGS
The Client shall at all times indemnify the Company in respect of all loss or damage suffered by any person, firm, company or property and against all actions, claims, demands, costs, charges or expenses in connection therewith for which the Company may become liable in respect of the Services. The Client accepts full liability for and shall at all times indemnify the Company against all actions, claims, demands, costs, charges and expenses whatsoever arising out of any loss of damage to any person, firm or company by reason of deficiencies in the materials or data or the like supplied to the Company by the Client in connection with the carrying out of the Services.
14. MATERIALS STORAGE
If the Company shall agree, at its absolute discretion, to store or hold any data or other material for the Client, then it shall do so entirely at the risk of the Client and shall not be liable for any loss or damage to such data or other material, whether caused by the negligence of the Company or its employees, or otherwise. The Company reserves the right to charge the Client for such storage or to return the data or other material to the Client at the Client’s expense.
15. GENERAL LIEN
The Company shall have a general lien over any goods or chattels of the Client in the Company’s possession for any monies whatsoever due from the Client to the Company. If any lien is not satisfied within 14 days of such monies becoming due, the Company may, in its absolutely discretion, sell or make use of such goods or chattels as agents for the Client and apply the proceeds towards the monies due and the expenses of the sale, and shall upon accounting to the Client for the balance (if any) remaining, be discharged from all liability in respect of such goods or chattels.
Each contract between the Company and the Client is personal to the Client who shall not assign or charge the benefit thereof without the Company’s express written consent.
Notices shall be made in writing and posted in a first-class pre-paid envelope to the Client’s or Company’s address at which the one party reasonable believes the other to be carrying on business. A notice shall be deemed to have been given forty-eight hours after posting (or ninety-six hours after posting where the notice is sent from and/or addressed to an address outside the United Kingdom) and in proving such service it shall be sufficient to show that the envelope was properly addressed and put into the post.
18. PROPER LAW
The validity, construction and performance of each contract shall be governed by the Law of England and the parties hereby submit to the sole and exclusive jurisdiction of the courts of England and Wales for the resolution of all disputes arising under any contract.
The Conditions shall apply in full, save that if any Act of Parliament or other Statutory Provision for the time being in force shall avoid or made unenforceable any of the provisions hereof these Conditions shall be deemed to apply with the exclusion of the provisions hereof which shall be void or unenforceable as aforesaid.
Company reserves the right to change their T&C’s without notice and your use of the website will be deemed as acceptance of the clause. We advise you regularly check the T&C’s on this website.