Foreword In these conditions the Company means YUMYUM Creative Ltd. The Client means the person or company who accepts a written quotation from the Company for contracted services.
Service The Company shall use all reasonable endeavours to supply the best possible service using
its resources and facilities to best possible effect within any agreed time or budget.
Quotation Process Every effort will be made to obtain firm quotations or reasonable estimates
from suppliers. The Company reserves the right to vary or withdraw any estimate without prior notice.
Charges The Company shall charge such costs, charges and expenses as may be agreed in order
to complete the contract. Unless otherwise stated, all such charges are exclusive of VAT.
Additional Charges The Company reserves the right to make additional charges incurred as a result of:
Changes and additions ordered by the Client after the acceptance of the Company quotation,
proposal and schedule.
Increases in the costs of materials, equipment or other services necessary for the completion of
the contract. Any such charges will be advised to the Client either in writing or such other form as
appropriate and agreed between the parties.
Payments & Interest Payment shall be made in accordance with the Company's prescribed
terms. On confirmation and acceptance of the Company's quotation, the Company will issue a payment
schedule linked to deposits / balances that the Company will be required to make to appointed
suppliers. Deposits / balances required under the above schedule shall be payable on the due date
notwithstanding the Company's normal payment terms. The Company cannot guarantee performance
of the Contract should payment not be received on the specified due date. Payment is defined as
"cleared funds". The Company reserves the right to charge interest on sums overdue on a day-to-day
basis from the date such payment was due to the date of actual payment (both days inclusive) at the
rate of 8% above the base rate of NATWEST. Interest shall be paid on demand.
Cancellations In the event of cancellation by the Client, the Client shall pay a cancellation charge
to take account of the chargeable value of time and expenses incurred including any cancellation charges
levied by third party suppliers. Once a booking is confirmed with the Company, the Company is under
obligation to the Client to supply the agreed services. If for any reason the Client cancels a booking or
reduces the number of participants, the Client will be liable to forfeit any deposit and pay a cancellation
fee. Cancellation schedule: over 30 days notice = deposit amount agreed in confirmation. 15-30 days
notice = 75% of total contracted cost. Less than 15 days = 100% of total contracted cost. If the Client
changes the original date to another date, a charge will be levied to cover the cost of administration and
any loss of profits incurred by the Company.
Integrity Proposals may contain confidential information provided by the Client. The Company agrees
not to convey such information to any third party. Similarly, the Company's proposal may contain
concepts, notions and designs specifically prepared for the Client. The Client undertakes not to disclose
or use contents or parts thereof except with the prior written approval of the Company.
Equipment Use In the event that equipment is left with the Client without a trained technician and
the Client is dissatisfied in any way it is the Client's responsibility to inform the Company within the first
hour that the equipment is deemed to be on hire. Failure to do so deems the Client liable for the full
cost of the equipment. It is the Company's intention to replace equipment at the earliest opportunity in
order that the Client is not inconvenienced.
Exchange Rates Rates of exchange used for costing purposes in proposals will be clearly detailed.
Exchange rates used for the purpose of final invoicing / reconciliation will be those at which payments
were made to appointed suppliers and are therefore subject to fluctuation.
Commitment The Company is committed to achieving a high standard of quality and as such is perpetually looking to enhance the service that it offers. The Company strives continually to build long-term business relationships with its clients.
The English Law & Courts Any contract resulting from a proposal submitted by the Company will
incorporate these terms and conditions to the exclusion of any terms and conditions of the Client and be governed by English law and subject to the exclusive jurisdiction of the English courts.
Contracts The Company shall not be liable for its failure to fulfil any of its contractual obligations if such is caused by reasons beyond its control.
Price Variation Estimates are based on the the company's current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
Tax Except in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, YMUYUM reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
Preliminary work All work carried out, whether experimentally or otherwise, at a customer's request shall be charged.
Copy A Charge may be made to cover any additional work involved where copy supplied is not clear and legible.
Proofs Proofs of all work may be submitted for customer's approval and YMUYUM shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customer's alterations and additional proofs necessitated thereby shall be charged extra. When style or layout is left to the designer's judgement, changes thereof made by the customers shall be charged extra.
Delivery and payment
Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due.
Unless otherwise specified the price quoted is for delivery of the work to the customer's address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address.
Should expedited delivery be agreed an extra may be charge to cover any overtime or any other additional costs involved.
Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days the designer shall then be entitled to payment for work already carried out, materials specially