DEREK FETT PHOTOGRAPHY LIMITED TERMS & CONDITIONS
- Definitions – in these Terms & Conditions the following words shall have the following meaning: -“We”, “Our”, “Arial Media Scotland” or variations thereof shall mean Derek Fett Photography Limited, 5 Dover Place, Dunfermline, Fife, KY11 8HQ (Company Number SC516964).
“Services”, the services, mean the video or photography services that we agree to supply you.
“The customer”, “You” “Your” or variations thereof shall mean the person, firm or company with whom we contract.
BASIS OF CONTRACT FOR SERVICES
- Any services we contract to supply must be ordered and accepted in writing and will besubject to these Terms & Conditions. Any subsequent variation to the services must
be agreed in writing between us.
- Payment – Payment for the services shall be made by you within fourteen days of issueof an invoice from us. In the event that you fail to pay the invoiced amount in full within fourteen days of issue of the invoice then, unless we agree in writing, you will be liable to pay interest at the rate of eight per cent above the Bank of England base lending rate on the balance of any unpaid sums commencing from fourteen days after the date of invoice until payment. You will be responsible for payment of all legal fees and outlays incurred by us in connection with recovery of any outstanding invoices.
- Performance of Services – the performance of the services may be affected by adverse weather conditions or, geographical or environmental factors. We also operate within parameters set by the Civil Aviation Authority concerning safe flying when supplying Ariel photography services. If we decide we cannot carry out the services on any agreed date the services will be re-scheduled. Although we shall attempt to carry out
the services at any agreed date the time of the performance of the services is not a material condition of the contract between us. You agree that the services may be completed at a date later than that stipulated in the contract.
- Cancellation of Services by us – In certain circumstances, we may be unable to perform the services contracted for due to adverse weather conditions or geographical or environmental factors. Furthermore, there may be occasions when we are unable to perform the services due to the rules and regulations made by the Civil Aviation Authority concerning aerial photography. In any or all of these circumstances where we are unable to carry out the services then we have the right to terminate the contract for the provision of services without financial penalty on our part. In that event you will agree that our decision does not amount to a breach of contract and that you will not be entitled to compensation or damages for breach of contract.
- Cancellation of Contract by you – any notice of cancellation of the contract must be received in writing by us from you. Unless we agree in writing otherwise you will be responsible for payment of a cancellation fee equivalent to twenty per cent of the Service Contract amount.COPYRIGHT
- Until payment in full of the Contract for Services all data, photographic or videomaterial or images remain the property of Derek Fett Photography Limited. Upon payment of the contractual price in full ownership of the data will pass to you but you agree that we shall, in all time coming, be allowed to use any of the data for our own business purposes including the promotion and advertisement of our services.
- Performance of services – your contract for the performance of the services is exclusively with Derek Fett Photography Limited. All work undertaken by us for you in performance of the contract, whether that is by any individual or other company, is carried out solely on behalf of Derek Fett Photography Limited. Aerial Media Scotland is a trading style of Derek Fett Photography Limited.
DFP Ltd Terms and conditions Rev. July 2016
9. General conditions: –
- (i) We shall provide you with the contracted for data and images upon payment ofthe contractual price. We accept no responsibility nor liability for maintaining
archive copies of data after the contract has been performed.
- (ii) We shall not be responsible for any losses which arise directly or indirectly from the performance of the services except insofar as they are caused by the fault or negligence of our employees or contractors. You will keep free, relieve and indemnify us in respect of any losses, claims by third parties or other claims which are made as a result of any act, failure or omission on your part whilst we carry out the services. We accept no liability for delay or non-fulfilment of any terms of the contract by us caused wholly or in part by any “act of God” or any other occurrence which is not wholly in our control including, without prejudice to the foregoing generality, adverse weather, geographical or environmental conditions, any war, strikes, lock outs, accidents, fire, scarcity of materials orother causes not within our direct control.
11. Legal basis of contract – unless agreed in writing between us and you the Terms &
Conditions of this Contract cannot be amended. The Contract shall be construed in accordance with Scots Law and you and we agree to submit to the exclusive jurisdiction of any Court of competent jurisdiction in Scotland.
DFP Ltd Terms and conditions Rev. July 2016