A: Artyfakes Action Props Ltd Definitions
In this document the following words shall have the following meanings:
A.1 "Buyer" means the organisation or person who buys Goods from the Seller:
A.2 "Goods" means the articles to be supplied to the Buyer by the Seller:
A.3 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable:
A.4 “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time:
A.5 "Seller" means the organisation, or person, who sells Goods to the Buyer:
B: Artyfakes Action Props Ltd General Terms & Conditions
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
B.1 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
C: Artyfakes Action Props Ltd Description
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
D: Artyfakes Action Props Ltd Samples
Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.
E: Artyfakes Action Props Ltd Payment & Price
The price shall be that in the Seller's current List Price, or such other price as the parties may agree in writing, the price is exclusive of VAT. Any other applicable costs, carriage or taxes applicable, are extra outside of the United Kingdom of Great Britain mainland and shall be paid for by the Buyer.
E.2 There are two methods of Payment available to the Buyer. Method 1 - For catalogue Goods only 100% payment of the price, including Tax and delivery and any other applicable costs, shall be due prior to commencement of construction of the Goods.
E.3 Method 2 -The Seller offers the ability to the Buyer of payment of the Goods at 50% for custom orders/bespoke Goods, not including postage or shipping, due prior to commencement of construction of the Goods, the final 50% payable on completion of the Goods, this including delivery and any other applicable costs, before despatch. Should the Buyer accept this method of payment then the Buyer must be aware that the Seller will hold the Goods, from completion and acceptance, for 30 days from completion and acceptance date. Artyfakes Action Props Ltd may offer the Buyer, on orders over £500.00 and by prior written agreement, an option to pay in instalments over an agreed time period however inclusion into our production queue will only start on receipt of the 50% payment of the commission.
E.4 If the Buyer terminates the contract before construction of the Goods has begun Artyfakes Action Props Ltd will refund any sum paid less 25% of the price of the Goods to cover Research & Development, Taxes and time spent on the project: any postage/shipping costs paid, catalogue items, will be fully refunded.
E.5 Artyfakes Action Props Ltd reserve the right to cancel an order at any time: if Artyfakes Action Props Ltd cancels an order then a full refund will be forthcoming.
F: Artyfakes Action Props Ltd Risk
Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Sellers premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection whichever happens first:
G: Artyfakes Action Props Ltd Delivery
G.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
G.2 The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be included in the essence of the contract.
G.3 If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be affected and the Buyer shall be liable for any expense associated with such storage.
G.4 The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify the Seller of the damage within 48 hours of delivery, and forward all evidence of the damage stated.
G.5 Should an incorrect address be supplied for the Goods to be shipped to, resulting in their return; then the Buyer shall remain liable to pay the return shipping costs at the original price.
H: Artyfakes Action Props Ltd Title
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
I: Artyfakes Action Props Ltd Warranty
I.1 Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods free of charge within 6 months from the date of delivery, subject to the following conditions:
I.1.1 upon noticing the defect the Buyer must cease use of the Goods immediately, notifying the Seller in writing, including email, at their earliest opportunity:
I.1.2 the defect being due to the faulty design, materials or workmanship of the Seller:
I.2 Any Goods to be repaired or replaced shall be returned to the Seller within 30 days of notifying the seller at the Buyer’s expense, if so requested by the Seller.
I.3 Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer.
I.4 The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
I.5 The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses J and K below.
J: Artyfakes Action Props Ltd Liability
J.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
J.1.1 the correspondence of the Goods with any description:
J.1.2 the quality of the Goods: or
J.1.3 the fitness of the Goods for any purpose whatsoever
J.2 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
J.2.1 the correspondence of the Goods with any description:
J.2.2 the quality of the Goods: or
J.2.3 the fitness of the Goods for any purpose whatsoever
J.3 All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.
K: Artyfakes Action Props Ltd Limitation of Liability
K.1 Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
K.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
L: Artyfakes Action Props Ltd Intellectual Property Rights
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
M: Artyfakes Action Props Ltd Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time, as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
N: Artyfakes Action Props Ltd Relationship of Parties
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
O: Artyfakes Action Props Ltd Waiver
The failure by either party to enforce, at any time or for any period, any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
P: Artyfakes Action Props Ltd Severability
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
Q: Artyfakes Action Props Ltd Jurisdiction & Governing Law
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
R: Artyfakes Action Props Ltd Divisibility
Where delivery is to be made by instalments, each delivery shall be deemed for such purpose to be the subject of a separate contract and any failure whatsoever by the Seller in respect of any one delivery shall not entitle the Buyer to repudiate the contract or any instalments remaining to be delivered there under.
EXTENDED TERMS & CONDITIONS
Artyfakes Action Props Ltd price lists and quotations do not constitute offers made by us. The Buyers order will be deemed to be an offer to Artyfakes Action Props Ltd under these following conditions:-
There is a binding agreement between us, once Artyfakes Action Props Ltd accept the Buyers order, and these terms and conditions and the disclaimer of liability are deemed incorporated in all agreements for the sale of Goods by Artyfakes Action Props Ltd. They shall prevail over any terms or conditions contained or referred to elsewhere or implied by trade custom, practice or course of dealing.
The Buyer bears the cost of returning Goods for refund or exchange, except in cases of faulty or damaged Goods. Artyfakes Action Props Ltd requests that you use registered post or recorded delivery when returning Goods and that proof of postage is retained.
HEALTH & SAFETY
Always check Goods before use, particularly when Goods may have been subject to misuse by others.
Before selling, lending or giving away Goods bought from us, always insist that the person to whom the Goods is passed understands its correct usage and limitations and carries out regular checks of the Goods.
LIVE ACTION ROLE PLAY: always use Goods in a safe, responsible manner and avoid putting or subjecting the Goods to use that is likely to cause it to deteriorate or become dangerous to you or to others: Goods created specifically for LARP should only be used in pulled blow systems. Always read the manufacturers instructions for use, recommendations and warnings and follow them.
COSPLAY: always use Goods in a safe, responsible manner and avoid putting or subjecting the Goods to use that is likely to cause it to deteriorate or become dangerous to you or to others: always read the manufacturers instructions for use, recommendations and warnings and follow them.
Artyfakes Action Props Ltd cannot be held liable for damage or injury to persons or property caused by the incorrect use of the Goods or by persons failing to exercise proper caution in its use, howsoever caused.
Artyfakes Action Props Ltd do not give any warranties whether express or implied, including (without limitation) any implied warranties or merchantability or fitness for a particular purpose. In no event will Artyfakes Action Props Ltd be liable to the Buyer or to any third party for any direct, indirect, incidental or consequential damages or lost profit resulting from any use or misuse or modifications made to or of these Goods.
PLACING AN ORDER WITH ARTYFAKES ACTION PROPS LTD FROM THIS WEBSITE MEANS THAT YOU HAVE READ, AND AGREED, WITH ALL OUR TERMS & CONDITIONS.
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