Standard Terms & Conditions
By entering into any agreement with ARTS Projects LTD (the “Company”), the Client is deemed to have read, understood, and accepted these Terms & Conditions.
1. Definitions
1.1 In these Terms & Conditions:
- “Client,” “Buyer,” or “Hirer” means the individual or organisation whose order for goods, equipment, or services is accepted by the Company.
- “Company” means ARTS Projects LTD and/or its subsidiaries.
- “Contract” or “Agreement” means a contract for the sale, hire, or supply of goods, equipment, or services.
- “Goods,” “Equipment,” or “Services” means the items or services supplied by the Company under the Contract.
- Together, the Company and Client may be referred to as the “Parties.”
2. General Conditions of Sale / Hire
2.1 All goods, equipment, or services are supplied subject exclusively to these Terms & Conditions. Any alternative terms proposed by the Client are excluded unless expressly agreed in writing by a director of the Company.
2.2 No employee, agent, or representative of the Company is authorised to make any representation not confirmed in writing. The Client acknowledges that it does not rely on any such representation. Any advice or recommendations are followed at the Client’s own risk, and the Company accepts no liability.
2.4 Descriptions, drawings, specifications, and advertising materials are approximate only and do not form part of the Contract. The Company reserves the right to alter specifications without notice.
2.5 The Company shall not be liable for any clerical, typographical, or other errors in its documentation and may correct them without liability.
3. Orders & Specifications
3.1 The Client is solely responsible for ensuring the accuracy of all orders, details, and specifications provided.
3.2 Where goods are manufactured, or services are provided in accordance with the Client’s specification, the Client shall fully indemnify the Company against all claims, losses, damages, costs, and expenses arising from:
- (i) infringement of intellectual property rights; or
- (ii) product liability or negligence claims resulting from the Client’s specification.
3.3 No liability shall attach to the Company, whether in contract or tort, for any defect in the goods or equipment, whether latent or apparent.
4. Hire of Goods & Equipment
4.1 Responsibility for hired goods passes to the Client from the time of checkout until safe return and acceptance by the Company.
4.2 The Client shall be liable for:
- (i) the full cost of repair or loss in value of goods damaged;
- (ii) the full replacement cost of lost or stolen goods.
4.3 The Client assumes all responsibility for the safe and proper use of hired goods and equipment and must ensure that users are properly trained and competent.
4.4 The Client must insure all hired goods and equipment to their full replacement value, covering risks in transit, on-site, and during use. A certificate of insurance must be provided prior to release. Failure to provide insurance constitutes a material breach entitling the Company to terminate the Contract immediately.
4.5 Risk of loss or damage remains with the Client at all times, regardless of cause, including theft, third-party action, or accident.
5. Cancellation & Termination
5.1 Orders may not be cancelled without the Company’s prior written agreement.
5.2 Cancellations confirmed by the Company will incur the following charges:
- More than one month before commencement: deposit non-refundable.
- Within one month: up to 50% of invoice value.
- Within one week or after commencement: 100% of invoice value.
5.3 Upon cancellation, all outstanding invoices and charges become immediately due.
5.4 The Company may terminate the Contract immediately without liability if the Client:
- (i) fails to pay on time,
- (ii) becomes insolvent, bankrupt, or enters liquidation, or
- (iii) breaches these Terms & Conditions.
6. Payment
- Payment is due in full by the invoice due date.
- The Company may require full or part payment in advance before delivery or hire.
- No reminders will be issued. Non-payment constitutes a material breach.
- Overdue invoices shall attract interest at 5% above the prevailing Bank of England base rate per week until paid in full.
- The Client shall reimburse the Company for all costs of debt collection, legal fees, and enforcement.
- The Company reserves the right to suspend or withhold delivery or performance until all overdue sums are settled.
7. Retention of Title
7.1 All hired equipment remains the Company’s property at all times.
7.2 For purchased goods, risk passes to the Client upon delivery, but title shall not pass until full payment (including interest and costs) is received.
7.3 Until title passes, goods must be:
- (i) clearly identified as Company property, stored separately;
- (ii) not sold, pledged, or otherwise encumbered;
- (iii) returned immediately upon request.
7.4 The Company reserves the right to enter the Client’s premises to repossess goods at any time until full payment has been made.
8. Liability
8.1 The Company shall not be liable for:
- (i) any indirect, special, or consequential loss (including loss of profits, contracts, goodwill, or data);
- (ii) any third-party claims against the Client;
- (iii) any delays or failure caused by events beyond its control.
8.2 The Company’s total liability in respect of any claim shall be limited to the price paid by the Client under the Contract.
8.3 The Client shall indemnify the Company in full against all third-party claims, liabilities, and expenses arising out of or in connection with the Client’s use of goods, services, or equipment.
9. Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations caused by circumstances beyond its reasonable control, including but not limited to strikes, accidents, breakdowns, supply shortages, acts of God, or government restrictions.
10. Governing Law & Jurisdiction
These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales. The Parties submit to the exclusive jurisdiction of the English courts.