DEFINITIONS:

The Client: The company or individual requesting the services of Shiny Vinyl Ltd. Shiny Vinyl Ltd: Primary designer/site owner & employees or affiliates. These Terms and Conditions apply to the provision of services and any goods detailed in our Quotation/Job Acceptance Form for services by Shiny Vinyl Ltd. By accepting the Quotation/Job Acceptance Form or as a result of the commencement of the services you are deemed to have accepted these Terms and Conditions. Services are carried out on the business days from Monday to Friday excluding Bank Holidays.

SERVICES

Shiny Vinyl Ltd will use reasonable care and skill in our performance of the services as described in the Quotation/Job Acceptance Form. Shiny Vinyl Ltd will notify the client, if needed, of changes to the services provided to comply with any relevant law or safety requirement. Time shall not be in the essence in the carrying out of the services provided.

YOUR OBLIGATION

We reserve the right to terminate our services. Shiny Vinyl Ltd will not be liable for any delay or failure to provide the services should Shiny Vinyl Ltd not receive, from you the client, access to the information contained in any licenses and permissions obtained by you that we need to provide the services in the quotation or subsequently agreed services or In upfront payment is requested and not paid. For information provided by the client which is to appear within the artwork of a product it is the Client’s obligation to check and ensure that it is all correct before signing off any proof. Shiny Vinyl Ltd will not commence any job without a Quality Control document signed and dated by the Client (Shiny Vinyl Ltd are also not responsible for the time it takes to get the Quality Control Document signed by the Client). Should an error be spotted after production Shiny Vinyl Ltd reserve the right to hold on to any monies paid if the error is not highlighted by the Client.

FEES

The fees for the services in the Quotation/Job Acceptance Form are on a time and materials basis and are calculated for individual jobs. If needed to carry out the services Shiny Vinyl Ltd will charge, after obtaining agreement from the client, for incidental expenses. If needed to carry out the services Shiny Vinyl Ltd will charge for the cost of services provided by third parties and any additional services requested by the client but not included in the quotation at the agreed rate. For Private Purchasers, it is necessary to provide payment upfront before any service will be provided. For Commercial Purchasers, and an order of up to 10 products, an agreement of 50% upfront costs will be necessary prior to commencement of the job with the final payment due as soon as the products have been received and accepted. Any problem with any of the products must be brought to the attention of Shiny Vinyl Ltd within 24 hours of receipt of goods. Beyond that confirms acceptance of the goods. For Commercial Purchasers of 10+ products a 50% deposit will be required prior to commencement of the works to be carried out with an invoice provided upon delivery of the goods. Final payment must be made within 30 days of receipt of invoice.

CANCELLATION & AMENDMENT

If a Quotation/Job Acceptance Form has not been accepted by the client, or if no services have started within a period of 30 days from the date of the quotation, Shiny Vinyl Ltd reserve the right to withdraw, amend or cancel the quotation. If the client has accepted the quotation and given instructions, written or verbal to commence the services but want to amend the services the client must inform Shiny Vinyl Ltd in writing as soon as possible. Shiny Vinyl Ltd will, if possible, amend the services and any resultant costs will be notified and invoiced to the client. If Shiny Vinyl Ltd have to amend the services agreed as a result of circumstances beyond our control we will notify you and any effect upon costs thereon.

SUB CONTRACTING & ARRANGEMENTS

If Shiny Vinyl Ltd deem it necessary to provide the services as agreed, we can assign, transfer, charge, subcontract or delegate to a third party all or any of our rights or obligations under these Terms and Conditions. Shiny Vinyl Ltd require prior written notice before you consent, assign, transfer, charge, subcontract or deal in any other manner with any of you rights or obligations under these Terms and Conditions.

TERMINATION

Shiny Vinyl Ltd reserve the right to terminate the services immediately if the client:

• commit a material breach of your obligations under these Terms and Conditions or

• do not pay any amount due under the Contract on the due date or

• become or are about to become the subject of a bankruptcy order or enter into a voluntary arrangement under part 1 of the Insolvency Act 1986 or any other scheme or arrangement is made with its creditors or,

• convene any meeting of your creditors or enter into a voluntary or compulsory liquidation, which may result in Insolvency proceedings or Insolvency.

INTELLECTUAL PROPERTY

In connection with any goods which may be supplied in the services provided, Shiny Vinyl Ltd reserve all copyrights and any other intellectual property rights and Shiny Vinyl Ltd reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights. No reproductions of the goods are to be made without the written consent of the Directors at Shiny Vinyl Ltd.

LIABILITY & INDEMNITY

Shiny Vinyl Ltd liability under these Terms and Conditions in breach of statutory duty and in tort or misrepresentation or otherwise shall be limited as set out in this clause. The total amount of our liability under these Terms and Conditions for any breach of statutory duty, misrepresentation, tort or otherwise shall be limited to the total fees payable by you under this contract. Shiny Vinyl Ltd are not liable (whether caused by employees agents or otherwise) in providing the quotation or the contracted services or any of our other obligations under these Terms and Conditions for:

• any indirect, special or consequential loss, damage, costs or expenses, or

• any loss of profits, or anticipated profits, loss of business, loss of data, loss of reputation or goodwill, business interruption or other third party loss or

• any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control, or

• any losses caused directly or indirectly by any failure of your breach in relation to your obligations, or

• any losses arising directly or indirectly from the choice of services and how they will meet your requirements or your use of the services or any goods supplied in connection with the services

• the client must indemnify Shiny Vinyl Ltd against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to 3rd parties) caused by the client or the client/s agent or the client/s employee.

CIRCUMSTANCES BEYOND A PARTY/S CONTROL

Neither of Shiny Vinyl Ltd or the client is liable, resulting from any cause beyond each party’s reasonable control, for any failure or delay in performing our obligations. Examples of causes include but are not limited to power failure, internet service provider failure, industrial action, civil war, fire, flood, storms, earthquakes, acts of terrorism, acts or war, government action, or any other event that is beyond the control of the party in question. Either party may cancel the services as a result of any delay which continues for 90 days.

COMMUNICATIONS

All notices must be given in writing and sent to the business address or email and signed by a responsible official of the party giving the notice.

NO WAIVER

No delay, act or omission by a party in excising any right or remedy will be deemed a waiver of that or any other right or remedy or stop further excesses of any other right or remedy.

PAYMENT OF ACCOUNTS

Time for payment shall be of the essence to the contract. Shiny Vinyl Ltd reserves the right to ask for prepayment in part or full before any work is carried out. It is the Shiny Vinyl Ltd policy that any outstanding accounts for work carried out by Shiny Vinyl Ltd or its affiliates are required to be paid in full either before the commencement of work for Private Purchasers or once goods have been received and accepted for Commercial Purchasers of up to 10 products. For Commercial Purchasers of 10+ products Shiny Vinyl Ltd would require a 50% upfront deposit with the final settlement no later than 30 days from the date of the invoice unless by prior arrangement with Shiny Vinyl Ltd. Once a pre-payment is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due. Accounts unpaid 30 days after the date of invoice (or upon receipt of accepted goods) will be considered to be in default. Shiny Vinyl Ltd will persue the outstanding payment and Clients with accounts in default agree to pay Shiny Vinyl Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies in enforcing this Contract.

Shiny Vinyl Ltd shall remain owner of any and all goods, materials and rights until such time as the Client has paid the Services Cost and all such other monies due under the Contract. If accounts are not settled or Shiny Vinyl Ltd have not been contacted regarding the delay then we will then pass such cases to the Small Claims Court to pursue payment, non-payment can result in County Court Judgements (CCJ’s) being added to the client’s credit rating. Following consistent non-payment our solicitors will contact the client in question, with a view to taking the matter further and if needs be to seek payment through legal procedures, and if necessary court summons. The intellectual property of the goods remains the property of Shiny Vinyl Ltd.

Shiny Vinyl Ltd reserve the right to charge 5% per annum above the Bank of England lending rate until the outstanding fees are paid for none payment in accordance with agreed terms. Shiny Vinyl Ltd reserve the right to suspend services due to none payment within the agreed terms. All payments must be made in full, in British Pounds, except as provided by law, without any deduction or withholding.

LAW & JURISDICTION

This Contract and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with English law and each of the parties irrevocably submits to the non-exclusive jurisdiction of the courts of England and Wales. Call us on 01902 233 233

Email us on @shinyvinyl.co.uk

Address Waterbridge Lane, Wombourne, Wolverhampton, WV5 8ER