Little Ironies terms of business

These are the terms and conditions on which Camoco Ltd ("Camoco Ltd"), trading as Little Ironies (“Little Ironies”), agrees to undertake commissioned work (the “Commissioned Works”). All Commissioned Works are provided subject to the following terms and conditions (the “Terms and Conditions”) which together with the proposal document the “Proposal Document” shall form the contract between the purchaser (the “Purchaser”) and Camoco Ltd.

No contract exists between the Purchaser and Camoco Ltd for the provision of Commissioned Works until a Proposal Document has been completed and signed by both the Purchaser and by Camoco Ltd.

Camoco Ltd may change these Terms and Conditions without notice to the Purchaser in relation to the provision of sales or services in the future.

PRICE OF COMMISSIONED WORKS
The price of Commissioned Works shall not exceed the price detailed in the Proposal Document, unless otherwise agreed in writing by the Purchaser and Camoco Ltd.

All prices, estimates and delivery charges quoted are inclusive of VAT and are valid for 30 days only or until earlier acceptance by the Purchaser.

COMMISSIONED WORKS
The Purchaser shall be responsible to Camoco Ltd for ensuring the accuracy of the terms of any order (including any applicable specification), and for giving Camoco Ltd any necessary information relating to the Commissioned Works within sufficient time to enable Camoco Ltd to perform the contract in accordance with its terms.

If the Commissioned Works are to be manufactured or any process is to be applied to the Commissioned Works by Camoco Ltd in accordance with a specification submitted by the Purchaser, the Purchaser shall indemnify Camoco Ltd against all loss, damages, costs and expenses awarded against or incurred by Camoco Ltd in connection with, or paid or agreed to be paid by Camoco Ltd in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from Camoco Ltd use of the Purchaser’s specification.

The Purchaser will have reasonable rights of inspection of the Commissioned Works, either by visiting Camoco Ltd’s business premises at such times as may be mutually agreed or by such other means as may be mutually agreed.

The Purchaser of Commissioned Works is only purchasing the finished article(s) specified in the Proposal Document, and not any designs, templates, photographs or intermediate forms in any medium whatsoever unless otherwise agreed in writing by the Purchaser and Camoco Ltd.

The Purchaser shall not have the right to reproduce any Commissioned Works in any medium unless otherwise agreed in writing by the Purchaser and Camoco Ltd.

All copyright, patents, trademarks or other industrial or intellectual property rights relating to any Commissioned Works sold remain the property of Joanne Moody, unless otherwise agreed in writing by the Purchaser and Camoco Ltd.

Joanne Moody asserts her moral rights in respect of the design of all Commissioned Works.

PAYMENT
Payment terms will be determined by reference to the design process guide and are as specified in the Proposal Document, unless otherwise agreed in writing by the Purchaser and Camoco Ltd.

Payment may be made by cash, a cheque drawn on a UK bank made payable to 'Little Ironies'

DELIVERY
The Commissioned Works will be delivered (where applicable), to the address specified by the Purchaser and recorded on the Proposal Document.

Delivery charges in respect of Commissioned Works are available on request. In some instances there may be a separate installation charge and the Purchaser will be notified if installation charges are applicable.

Camoco Ltd aim to give you at least 10 days notice of the delivery date. It is the Purchaser’s responsibility to provide reasonable, safe and proximate access to the delivery address for the delivery personnel and their vehicle, failing which Camoco Ltd reserves the right to charge the Purchaser for any additional costs incurred in effecting delivery.

If there is no one at the address given for delivery, who is competent to accept delivery of the Commissioned Works, the Purchaser will be notified of an alternative delivery date or a place to collect the Commissioned Works and the Purchaser shall be liable for any additional delivery charges incurred as a result.

RETENTION OF TITLE
The Purchaser will become responsible for the risk of loss or damage to Commissioned Works when either:

• the Commissioned Works have been delivered to the Purchaser by Camoco Ltd; or

• the Commissioned Works have been collected from Camoco Ltd business premises by the Purchaser.

The Purchaser will not become the owner of the Commissioned Works until full payment has been made to Camoco Ltd in respect of the Commissioned Works.

In the event that the Purchaser has possession of Commissioned Works but has not made payment in full in respect of the Commissioned Works the Purchaser shall:

• keep the Commissioned Works properly stored, insured and protected;

• comply at any time with any request from Camoco Ltd to return the Commissioned Works to Camoco Ltd and if the Purchaser fails to do so, permit Camoco Ltd to enter on any premises of the Purchaser or any third party where the Commissioned Works are stored and repossess them; and

• the Purchaser shall not be entitled to resell the Commissioned Works.

CANCELLATION
The Purchaser does not have a right of cancellation in respect of any Commissioned Works, which have been made, or are in the process of being made, to the Purchaser’s specifications.

WARRANTY
All Commissioned Works supplied by Camoco Ltd are warranted free from defects for 6 months from the date of delivery by Camoco Ltd, or where applicable, from the date of collection by the Purchaser. This warranty does not affect the Purchaser’s statutory rights as a consumer.

This warranty does not apply in relation to any defect in the Commissioned Works arising from fair wear and tear, wilful damage, accident, negligence on the part of the Purchaser or any third party, or use otherwise than as recommended by Camoco Ltd, failure to follow Camoco Ltd’ instructions, or any alteration or repair carried out without Camoco Ltd’ approval.

If Commissioned Works develop a defect whilst under warranty, or the Purchaser has any other complaint about the Commissioned Works, the Purchaser should notify Camoco Ltd in writing at the address or email address shown below.

Commissioned Works are for artistic and decorative purposes only, unless other wise stated, and any title applied is for descriptive purposes only, and does not imply suitability for any use other than for artistic or decorative purposes.

The liability of Camoco Ltd shall be limited to the value of the Commissioned Works supplied and it will not be liable for any indirect or consequential losses related in any way to the Commissioned Works supplied.

DATA PROTECTION
Camoco Ltd will take all reasonable precautions to keep the details of the Purchaser’s orders and payments secure, but unless Camoco Ltd is negligent, Camoco Ltd will not be liable for unauthorised access to information supplied by the Purchaser.

Camoco Ltd will only use the information provided by the Purchaser for the purposes of fulfilling an order unless the Purchaser agrees otherwise. Camoco Ltd would like to notify the Purchaser of products and offers that may be of interest from time to time. The Purchaser can request information given to Camoco Ltd be amended or deleted by giving written notice to Camoco Ltd.

These Terms and Conditions will be subject to Scots law, and the Scottish courts will have jurisdiction in relation to any dispute arising from the contract.
Camoco Ltd, 54 Seafield Rd, Broughty Ferry, Dundee, DD5 3AN. Tel: 01382 736830. Email: info@littleironies.co.uk.