Terms & Conditions

1.  In these conditions “The Company” means Ian Bishop Design Ltd which undertakes the work specified overleaf and the “Customer” means the person, firm or corporate body at whose request the said work is undertaken.

2.  No estimate is binding upon the Company until an order either verbal or in writing referring to such estimate has been offered to and accepted by the Company in writing.

3.  The Company will use its best endeavours to carry out the work specified in accordance with the terms set out in the order provided that the Company shall not be liable for any delay in delivery or other failure to comply with the terms which is occasioned by any cause beyond the Company’s control including (but without prejudice to the generality of the foregoing) strikes, lockouts, fire and flood and provided further that in so far as the processes to be used in carrying out the work, the type and quality of the finishing, and the nature of the patina are not specified in the order, the same shall, unless otherwise agreed, be entirely within the discretion of the Company.

4.  The Company may by written notice forthwith terminate this Contract if it shall reasonably believe that the customer is insolvent or will be unable to pay for the work in accordance with the terms of this Contract and if the Company shall serve such a notice it shall without prejudice to the Company’s right to payment on a quantum meruit basis in respect of work completed or in progress at the date of service of the notice and to damages for breach of Contract.

5.  If it is agreed between the Company and the Customer that the Company will carry out work on an “On Cost” basis the rate applicable to wages, overheads, materials and gross profits will be that used by the Company at the time of manufacture.

6.  Unless otherwise agreed, payment is strictly 30 days, or on specialist items where stated, one third with order and the remainder due 30 days from invoice.

7.  The Customer shall be solely responsible for obtaining all permits, licences, wayleaves and other consents of whatsoever nature may be required by statutory or other competent authority and shall indemnify the Company from and against all costs and expenses in connection with obtaining the same and also against all costs and expenses resulting from any failure to obtain any requisite permit, licence, wayleave or consent.

8.  The Customer hereby warrants and represents that in carrying out the work specified in the order the Company shall not be infringing any copyright or other monopoly or other rights belonging to any third party and the Customer shall indemnify the Company against all costs, expenses and losses whatsoever nature arising out of breach of this warranty.

9.  Any items ordered by the Company to any approved Subcontractor will remain the property of the Company. Any additional item produced by the said Subcontractor not contained in the Company order will be used solely by the Subcontractor as working patterns or masters and will remain the property of the Company. Any cost or losses of whatsoever nature arising from infringement of this warranty will be passed on to the said approved Subcontractor.

10.  The Company shall not be held liable for the loss, destruction or theft of any model or sculpture entrusted to it in connection with the Contract or sculpture, nor for any damage of whatever nature suffered by such model sculpture, castings or rubber moulds, whether or not such loss, destruction, theft or damage is sustained as a result of any act of default of the Company’s officers, servants or agents. The Customer shall be responsible for insuring such models, sculptures, casting or rubber moulds and the Company shall not be deemed liable for any loss, destruction or theft thereof or damage thereto by reason of its failure, for whatever cause, to insure against the risk suffered.

11.  No amendment of these Conditions shall be binding upon the Company unless it is in writing and signed by a Director on behalf of the Company.

12.  All other expenses and implied conditions, warranties and guarantees whether statutory or otherwise are hereby expressly excluded.

13.  The Customer will be responsible for payment of any Value Added Tax or other Tax chargeable in respect of the work.