Terms and Conditions

General Terms & Conditions of Business

These Terms and Conditions of Business shall govern the supply of goods and services by MK Marketing Group Ltd (The Company).

Information & Responsibility

All information supplied by The Company in respect of the Client’s market is provided in good faith but only as a guide to The Client. The Client must satisfy himself as to the validity of such information before it becomes the basis of any decisions.
Information and materials supplied by The Client to the Company is presumed to be accurate and without lien. The Company shall be indemnified by The Client in respect of any claims, costs and expenses which may arise there from.
Where progress on the provision of The Company’s service is awaiting instruction or information requested of The Client, The Company shall reserve the right to review due dates and costings and shall be indemnified by The Client in respect of any responsibility for any contracts which may be breached thereby.
The Company shall not be required to produce any matter which in its opinion is or may be of an illegal or libellous nature or any infringement of the proprietary or other rights of any third party.

Contact Reporting

Contact with the Client which results in an instruction or a decision which initiates or affects the provision of The Company’s service may be recorded in a Contact Report. In the absence of other written instruction from The Client, Contact Reports constitute a formal record of decisions taken and instructions given. Any discrepancies in The Client’s understanding of instructions must be recorded by The Client to The Company by return of post following receipt of the Contact Report.

Quotations

Orders placed by The Company with its suppliers on behalf of The Client will be subject to quotation to The Client. Approval of the quotation will be signified by The Client’s signature on the quotation or by verbal approval by The Client, confirmed in a Contact Report.
Quotations are current for 10 working days from date of issue. Thereafter The Company reserves the right to submit revised quotations in which event earlier quotations shall be considered withdrawn.
Quotations are based on information provided by suppliers and are subject to variation in the event of changing costs from suppliers. Miscellaneous charges including V.A.T. delivery, export and import charges will not be subject to quotation.

Approval of Work / Authorisation of Expenditure

Any employee or director of The Client company who is relevant to the services being provided by The Company will be considered an authorised signatory for approval of The Company’s quotations and work, unless specifically superseded by the written instruction of a director of The Client company.
Client signatories on any work submitted by The Company constitutes formal approval, in detail, of the work presented. Any changes to the approved work, at any stage thereafter, will be charged for.
For press and print work, final approval will be at artwork stage and unless specifically instructed in writing by The Client, The Company will not provide proofs for Client approval.

Timings

In the event that progress on any work undertaken by The Company is suspended by cause or request of The Client for more than 30 days, The Client will become liable to pay the costs that The Company has incurred on the work to that date.
In the event of goods or services being ordered by The Company and cancelled by The Client, The Client will nevertheless be held responsible for payment in full for any cancellation penalties that the supplying company may levy under its own terms of trading.

Payment

The Company shall not be concerned with obtaining payments from a third party.
Charges made to The Client by The Company for all other services will be paid by The Client on the date specified by The Company and no later than 30 days from the Invoice date.
In the event of payment not being received from The Client by the due date, The Company reserves the right to charge interest on any overdue balance, (including interest charged under this clause) calculated at 5% above Barclays Bank Base Rate for the duration of any such debt.
The Company reserves the right to submit interim invoices to The Client in respect of any contract at any stage of the contract.
The ownership of any work produced by The Company will not pass to The Client until payment for the same has been received by The Company in full.

Force Majeure

The Company shall be under no liability if it shall be unable to carry out the provision of a contract for any reason beyond its control including acts of God, legislation, war, flood, drought, failure of power supply, lock out, strike or any other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for performance of contract.

Governing Law

All contracts to which these Terms and Conditions apply shall be governed and construed in accordance with the Laws of England and The Company and The Client shall at all times submit to the jurisdiction of the English Courts.

Warrants & Liabilities

The Company shall not be liable to the Customer for any loss of profit or other indirect, special or consequential costs, expenses, loss or damage (and whether caused by the negligence of The company, its employees or agents or otherwise) which arise out of or in connection with the supply of Goods or their subsequent use except as expressly provided in these conditions.

Friday, February 22, 2008