Deep Blue C Limited standard terms and conditions for supplying licensed pictures for commissioned art work.
In these conditions:
"Client" means the person or company who accepts a quotation of the Supplier for the loan of the Goods.
"Goods" means the picture or pictures which the Supplier has sourced and supplied in accordance with these conditions.
"Supplier" means Deep Blue C Limited.
“Agent” means the picture library used by Deep Blue C Limited to source pictures.
"Conditions" means the Standard Terms and Conditions of supply set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Client and the Supplier.
"Rights" means the right of the Client with the Supplier’s consent for the Client to view and reproduce a positive image of the Goods for such period and at such price as the Client shall agree on these Conditions.
No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Supplier and the Client.
No order submitted by the Client shall be deemed to be accepted by the Supplier until confirmed in writing by the Clients’ authorised representatives.
The price for the Rights is the Suppliers quoted and invoiced price. The Supplier reserves the right by giving notice to the Client any time before the delivery of the Goods to increase the price of the Rights due to any factor beyond the Supplier’s control.
The Client must pay the price for the Rights within the agreed time frame, 30 Days Net. Time for payment of the price shall be of the essence of the Contract between the Client and Supplier.
If the Client fails to make a payment on the due date then without prejudice to any other rights the Lender can:-
(i) terminate the contract forthwith.
(ii) demand the return of the Goods to the Supplier at the Clients expense.
(i) No ownership or copyright in any supplied Goods shall pass to the Client by the issuance of the terms contained in this agreement. No rights of ownership or copyright in the supplied Goods are transferred to the Client and therefore may not be used for other secondary uses. The ownership and copyright remains with the Suppliers Agent.
(ii) Before publication of the Goods and or before making any use of the Goods, the Client must obtain all necessary consents from third parties for their publication and or use.
The Client will not be entitled to reject the Goods as being defective in quality or condition or failing to correspond to specification or have any claim against the Supplier unless the Client notifies (in writing) the Supplier as to such defect or failure within 7 days from the date of delivery of the Goods.
Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Supplier in accordance with these conditions, the Supplier shall be entitled to replace the Goods free of charge or at the Supplier’s sole discretion refund to the Supplier the price of the Goods (or a proportionate part of the price) but the Supplier shall have no further liability to the Client.
The Client hereby indemnifies the Supplier against any loss and damage resulting from any breach by the Client of the conditions and warranties contained herein.
No waiver by the Supplier of any breach of the Contract with the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.