Terms & Conditions
Animatronic Animals Ltd
Terms and Conditions
1. Definitions: The following terms used herein shall have the meaning as stated.
"The Contractor" means Animatronic Animals Ltd
"The Purchaser" means any person firm company or other organisation named in or to whom the attached quotation is received.
"The Product" means the models, effects, services, articles, apparatus, equipment or other items that are the subject of any quotation issued by the Contractor.
2. General.
All quotations given and all orders in respect thereof are accepted by the Contractor subject only to these terms and conditions or in any written attachment hereto signed by the Contractor, which shall prevail notwithstanding any other terms and conditions which the Purchaser shall bring to the Contractor's notice. No order or acceptance by the Purchaser (whether in writing or oral) of any quotation or other indication of price or delivery issued by the Contractor shall be legally binding and shall be deemed for all purposes as a letter of intent and offer incorporating the terms and conditions hereof and no other terms. No contract shall be binding on the Contractor unless and until accepted by the Contractor in writing. The Contractor reserves the right to accept or refuse orders. Any work or services carried out or provided by the Contractor pursuant to a letter of intent (whether written or oral) shall be paid for by the
Purchaser on a quantum merit basis having specific regard to the rates and costs utilised by the Contractor in the original quotation order.
3. Specification or Description of Products.
The specification or description of the Product shall be as defined by the documents, drawings, sketches or illustrations accompanying the Contractor’s written quotation (and if appropriate any oral representations by the Contractor in relation to the same). The Contractor may without notice or approval vary the specification of the Product where for practical or other manufacturing, design or commercial reasons it is in the Contractor’s opinion necessary or prudent or reasonable to so do. Further the Contractor reserves the right without prior approval from or notice to the Purchaser to make variations to the Product which do not materially affect physical or functional performance or appearance or which are required by reason of safety or to meet the Product specifications. Any variation by the Purchaser to the specification or description of the Product shall only be valid and effective to the extent that acceptance of such variation is confirmed orally or in writing by the Contractor. Any additional cost incurred by reason of any variation shall be added to the contract price and paid by the Purchaser.
4. Price
4.1 Prices for the products howsoever given are based on conditions ruling at the date of their giving and are subject to change. The effective price for any contract between the Contractor and the Purchaser shall be that price confirmed by the Contractor in his notification of acceptance of the Purchaser’s order or acceptance. The provisions of any quotations or other offer shall remain firm for 30 days from the date thereof unless otherwise stated and thereafter shall be subject to confirmation.
4.2 In the event of no price being confirmed in respect of any variation the effective price for the contract shall be calculated on a quantum merit basis having specific regard to the rates and costs utilised by the contractor in the original quotation order.
4.3 In addition to the contract price or any price quoted, the Contractor shall invoice the Purchaser and the Purchaser shall pay to the Contractor any and all costs incurred or to be incurred by the Contractor in connection with the delivery of the Product to the Purchaser.
4.4 Interest on invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 5% above the base rate of Santander from time to time in force and shall accrue at such a rate after as well as before any judgement.
4.5 All prices quoted are exclusive of VAT, which shall if appropriate be payable by the Purchaser at the rate prevailing at the date of any invoice.
5. Delivery.
Whilst the Contractor will use its best endeavors to deliver the Product in accordance with the Purchaser's requirements the Contractor will not be liable for any consequences of late delivery howsoever caused. Late delivery shall not vitiate the contract between the Contractor and the Purchaser.
6. Cancellation.
The Purchaser may not cancel any order or part of any order.
7. Invoicing and Payment.
7.1 The Contractor shall not be bound to commence any work until receipt from the Purchaser of a non-refundable deposit of 50% of the total quoted contract price.
7.2 The price payable under any contract between the Contractor and the Purchaser shall be invoiced for by the Contractor at such intervals and in such proportions of the total value of the contract as shall be specifically agreed between the Contractor and the Purchaser provided that, in the event of there being no such agreement, the Contractor shall be entitled to raise invoices and the Purchaser shall be liable to pay such invoices at such intervals as would fairly reflect the work by then undertaken on the Product by the Contractor having regard to the anticipated overall price.
7.3 All invoices rendered by the Contractor shall be due and paid within 14 days of delivery of the same.
8. Acceptance.
Acceptance of the Product (or any part or parts thereof) by the Purchaser shall be deemed to have occurred conclusively 3 days after delivery of the same (or any part or parts thereof) ex-works the Contractor's premises unless the Purchaser shall have given written notice of rejection prior to the expiry of the said period.
9. Warranty.
9.1 The Contractor warrants that the Product shall be free from defects in material and workmanship arising under normal use and service for a period designated in the Contractor’s quotation (the warranty period) from the date of delivery, or in the absence of designation, 1 month.
9.2 The Contractor's liability under the said warranty shall be limited to the repair or replacement at the Contractor's option of any part of the Product found to be defective within the warranty period and notified to the Contractor within 3 days of its first discovery.
9.3 Subject to the Contractor confirming any defects as aforesaid the Contractor shall effect the necessary repair or replacement at no charge to the Purchaser.
9.4 The Contractor's obligation under the said warranty is contingent upon the proper use of the Product and for the purpose specified in the Contractor’s quotation and the Contractor shall have no obligation in respect of any Product modified in a any way without the Contractor's approval or which have been subjected to unusual physical or electrical stress or used for a purpose other than as specified in the Contractor’s quotation. Repair or replacement of any Product or part or parts thereof by the Contractor pursuant to the said warranty shall not extend the original warranty period of the subject products or part of the Product nor shall it signify or be deemed to signify acceptance by the Contractor of any defect in the Product or any breach on the part of the Contractor of its obligations.
9.5 All taxidermy supplied by us has been treated with an insecticide to protect from insect infestation however this process is not 100% perfect. This process must be maintained frequently by the new owners or long term hires . Frequently examine the mount for signs of moth and other insect damage and treat with a suitable insect repellent at the first signs of attack. This also applies to other pests such as rodents that can cause damage to specimens. Animatronic Animals Ltd are not responsible for any insect damage, rodent damage, sunlight damage or any other damage that can occur once it leaves our possession it is the responsibility of the new owners to check and maintain protection. No liability will be placed on Animatronic Animals Ltd for any damage of taxidermy specimens that are not in our possession.
10. Exclusion of Liability.
10.1 The Purchaser is relying on his own skill and judgment in relation to the suitability and compatibility of the Product for its purposes and the Contractor accepts no liability whatsoever therefore save where the design and specification of the Product is carried out solely by the Contractor in which event the Contractor shall have no liability as regards the suitability or compatibility of the Product beyond any actual knowledge the Contractor may possess as to the purpose for which the Product was supplied and which was made expressly known in writing to the Contractor prior to the issue of the Contractor’s quotation and stated in such quotation.
10.2 Save as provided in condition 9 above and in the Sale and Supply of Goods Act 1994 or the Supply of Goods and Services Act 1982 all conditions, warranties and liabilities whatsoever whether expressed or implied, statutory or otherwise and hereby expressly excluded and the Contractor shall be under no liability whatsoever for any loss or damage of whatsoever kind howsoever caused or arising included but without being limited to any direct or consequential loss or damage, lost profits, loss of use or other economic loss provided that nothing herein contained shall be construed so that it excludes the liability of the Contractor for negligence or willful default of himself his servants or agents insofar as the same results in death or personal injury.
10.3 The Purchaser shall indemnify and save harmless the Contractor from any and all claims by or liability to any third party (including, without in anyway limiting the scope hereof, employees, servants, sub-contractors and agents of the Purchaser) and arising out of or in any way connected to the Product supplied or its use, including any negligence on the part of the Contractor its employees servants, subcontractors or agents. Such indemnity shall include, without in anyway limiting the scope thereof, any costs, expenses or legal fees incurred by the Contractor in dealing with any such claim or liability.
11. Title, Property and Risk.
11.1 Title and property (including copyright or any other intellectual property rights) in the Product and the designs or concepts thereof shall at all times remain vested in the Contractor and the Purchaser shall have a licence free of charge to use the Product for the purpose specified in the Contractor’s Quotation. Unless the Contractor’s quotations states to the contrary the Product shall be delivered up to the Contractor at such place as specified by the Contractor (or at the Contractor’s option disposed of or destroyed by the Purchaser in accordance with the Contractors requirements) by the Purchaser at the Purchasers expense, in the condition in which it was supplied, following the use by the Purchaser of the Product for the purpose for which it was commissioned as stated in the Contractor’s quotation, or forthwith upon the Contractor’s written demand. The Contractor shall be entitled at any time to reject delivery up of the Product and require the Purchaser at its expense to collect the Product, put it into the condition required above and return it to the Contractor.
11.2 Title and property (including copyright or any other intellectual property rights) in the Product and the designs, prototype, moulds or concepts thereof shall at all times remain vested in the Contractor.
11..3 The Purchaser shall indemnify and save harmless the Contractor from any costs, expenses, legal costs and liability that the Contractor incurs or may incur by reason of or in connection with the failure of the Purchaser to deliver up the Product timeously and in the condition stated above.
11.4 Risk in the Product shall pass to the Purchaser when the Product is delivered ex-works the Contractor's premises and shall remain with the Purchaser until the Purchaser complies with the provisions of clause 11.1.
12. Miscellaneous
12.1 Should any clause or part hereof be found by any competent court or judicial tribunal to be illegal, unenforceable or offend against any applicable rule of law then only such part of such clause as is necessary shall be deleted or amended or deemed so, so as to make such clause or part thereof legal, enforceable and such as not to offend against any applicable rule of law. No other clause or part shall be effected.
12.2 This contract shall be subject to the laws of England and the jurisdiction of the English Courts.
12.3 The tender of any cheque or other negotiable instrument by any third party on behalf of the Purchaser shall be deemed to be made in consideration of the Purchaser agreeing to reimburse such third party and shall be accepted by the Contractor on that basis and on the basis that the Contractor agrees that the Purchasers liability to the Contractor to make such payment shall cease upon clearance on first presentation of such cheque or negotiable instrument.
12.4 Time shall not be of the essence save in respect of clauses 7.3 and 9.2
Terms and Conditions
1. Definitions: The following terms used herein shall have the meaning as stated.
"The Contractor" means Animatronic Animals Ltd
"The Purchaser" means any person firm company or other organisation named in or to whom the attached quotation is received.
"The Product" means the models, effects, services, articles, apparatus, equipment or other items that are the subject of any quotation issued by the Contractor.
2. General.
All quotations given and all orders in respect thereof are accepted by the Contractor subject only to these terms and conditions or in any written attachment hereto signed by the Contractor, which shall prevail notwithstanding any other terms and conditions which the Purchaser shall bring to the Contractor's notice. No order or acceptance by the Purchaser (whether in writing or oral) of any quotation or other indication of price or delivery issued by the Contractor shall be legally binding and shall be deemed for all purposes as a letter of intent and offer incorporating the terms and conditions hereof and no other terms. No contract shall be binding on the Contractor unless and until accepted by the Contractor in writing. The Contractor reserves the right to accept or refuse orders. Any work or services carried out or provided by the Contractor pursuant to a letter of intent (whether written or oral) shall be paid for by the
Purchaser on a quantum merit basis having specific regard to the rates and costs utilised by the Contractor in the original quotation order.
3. Specification or Description of Products.
The specification or description of the Product shall be as defined by the documents, drawings, sketches or illustrations accompanying the Contractor’s written quotation (and if appropriate any oral representations by the Contractor in relation to the same). The Contractor may without notice or approval vary the specification of the Product where for practical or other manufacturing, design or commercial reasons it is in the Contractor’s opinion necessary or prudent or reasonable to so do. Further the Contractor reserves the right without prior approval from or notice to the Purchaser to make variations to the Product which do not materially affect physical or functional performance or appearance or which are required by reason of safety or to meet the Product specifications. Any variation by the Purchaser to the specification or description of the Product shall only be valid and effective to the extent that acceptance of such variation is confirmed orally or in writing by the Contractor. Any additional cost incurred by reason of any variation shall be added to the contract price and paid by the Purchaser.
4. Price
4.1 Prices for the products howsoever given are based on conditions ruling at the date of their giving and are subject to change. The effective price for any contract between the Contractor and the Purchaser shall be that price confirmed by the Contractor in his notification of acceptance of the Purchaser’s order or acceptance. The provisions of any quotations or other offer shall remain firm for 30 days from the date thereof unless otherwise stated and thereafter shall be subject to confirmation.
4.2 In the event of no price being confirmed in respect of any variation the effective price for the contract shall be calculated on a quantum merit basis having specific regard to the rates and costs utilised by the contractor in the original quotation order.
4.3 In addition to the contract price or any price quoted, the Contractor shall invoice the Purchaser and the Purchaser shall pay to the Contractor any and all costs incurred or to be incurred by the Contractor in connection with the delivery of the Product to the Purchaser.
4.4 Interest on invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 5% above the base rate of Santander from time to time in force and shall accrue at such a rate after as well as before any judgement.
4.5 All prices quoted are exclusive of VAT, which shall if appropriate be payable by the Purchaser at the rate prevailing at the date of any invoice.
5. Delivery.
Whilst the Contractor will use its best endeavors to deliver the Product in accordance with the Purchaser's requirements the Contractor will not be liable for any consequences of late delivery howsoever caused. Late delivery shall not vitiate the contract between the Contractor and the Purchaser.
6. Cancellation.
The Purchaser may not cancel any order or part of any order.
7. Invoicing and Payment.
7.1 The Contractor shall not be bound to commence any work until receipt from the Purchaser of a non-refundable deposit of 50% of the total quoted contract price.
7.2 The price payable under any contract between the Contractor and the Purchaser shall be invoiced for by the Contractor at such intervals and in such proportions of the total value of the contract as shall be specifically agreed between the Contractor and the Purchaser provided that, in the event of there being no such agreement, the Contractor shall be entitled to raise invoices and the Purchaser shall be liable to pay such invoices at such intervals as would fairly reflect the work by then undertaken on the Product by the Contractor having regard to the anticipated overall price.
7.3 All invoices rendered by the Contractor shall be due and paid within 14 days of delivery of the same.
8. Acceptance.
Acceptance of the Product (or any part or parts thereof) by the Purchaser shall be deemed to have occurred conclusively 3 days after delivery of the same (or any part or parts thereof) ex-works the Contractor's premises unless the Purchaser shall have given written notice of rejection prior to the expiry of the said period.
9. Warranty.
9.1 The Contractor warrants that the Product shall be free from defects in material and workmanship arising under normal use and service for a period designated in the Contractor’s quotation (the warranty period) from the date of delivery, or in the absence of designation, 1 month.
9.2 The Contractor's liability under the said warranty shall be limited to the repair or replacement at the Contractor's option of any part of the Product found to be defective within the warranty period and notified to the Contractor within 3 days of its first discovery.
9.3 Subject to the Contractor confirming any defects as aforesaid the Contractor shall effect the necessary repair or replacement at no charge to the Purchaser.
9.4 The Contractor's obligation under the said warranty is contingent upon the proper use of the Product and for the purpose specified in the Contractor’s quotation and the Contractor shall have no obligation in respect of any Product modified in a any way without the Contractor's approval or which have been subjected to unusual physical or electrical stress or used for a purpose other than as specified in the Contractor’s quotation. Repair or replacement of any Product or part or parts thereof by the Contractor pursuant to the said warranty shall not extend the original warranty period of the subject products or part of the Product nor shall it signify or be deemed to signify acceptance by the Contractor of any defect in the Product or any breach on the part of the Contractor of its obligations.
9.5 All taxidermy supplied by us has been treated with an insecticide to protect from insect infestation however this process is not 100% perfect. This process must be maintained frequently by the new owners or long term hires . Frequently examine the mount for signs of moth and other insect damage and treat with a suitable insect repellent at the first signs of attack. This also applies to other pests such as rodents that can cause damage to specimens. Animatronic Animals Ltd are not responsible for any insect damage, rodent damage, sunlight damage or any other damage that can occur once it leaves our possession it is the responsibility of the new owners to check and maintain protection. No liability will be placed on Animatronic Animals Ltd for any damage of taxidermy specimens that are not in our possession.
10. Exclusion of Liability.
10.1 The Purchaser is relying on his own skill and judgment in relation to the suitability and compatibility of the Product for its purposes and the Contractor accepts no liability whatsoever therefore save where the design and specification of the Product is carried out solely by the Contractor in which event the Contractor shall have no liability as regards the suitability or compatibility of the Product beyond any actual knowledge the Contractor may possess as to the purpose for which the Product was supplied and which was made expressly known in writing to the Contractor prior to the issue of the Contractor’s quotation and stated in such quotation.
10.2 Save as provided in condition 9 above and in the Sale and Supply of Goods Act 1994 or the Supply of Goods and Services Act 1982 all conditions, warranties and liabilities whatsoever whether expressed or implied, statutory or otherwise and hereby expressly excluded and the Contractor shall be under no liability whatsoever for any loss or damage of whatsoever kind howsoever caused or arising included but without being limited to any direct or consequential loss or damage, lost profits, loss of use or other economic loss provided that nothing herein contained shall be construed so that it excludes the liability of the Contractor for negligence or willful default of himself his servants or agents insofar as the same results in death or personal injury.
10.3 The Purchaser shall indemnify and save harmless the Contractor from any and all claims by or liability to any third party (including, without in anyway limiting the scope hereof, employees, servants, sub-contractors and agents of the Purchaser) and arising out of or in any way connected to the Product supplied or its use, including any negligence on the part of the Contractor its employees servants, subcontractors or agents. Such indemnity shall include, without in anyway limiting the scope thereof, any costs, expenses or legal fees incurred by the Contractor in dealing with any such claim or liability.
11. Title, Property and Risk.
11.1 Title and property (including copyright or any other intellectual property rights) in the Product and the designs or concepts thereof shall at all times remain vested in the Contractor and the Purchaser shall have a licence free of charge to use the Product for the purpose specified in the Contractor’s Quotation. Unless the Contractor’s quotations states to the contrary the Product shall be delivered up to the Contractor at such place as specified by the Contractor (or at the Contractor’s option disposed of or destroyed by the Purchaser in accordance with the Contractors requirements) by the Purchaser at the Purchasers expense, in the condition in which it was supplied, following the use by the Purchaser of the Product for the purpose for which it was commissioned as stated in the Contractor’s quotation, or forthwith upon the Contractor’s written demand. The Contractor shall be entitled at any time to reject delivery up of the Product and require the Purchaser at its expense to collect the Product, put it into the condition required above and return it to the Contractor.
11.2 Title and property (including copyright or any other intellectual property rights) in the Product and the designs, prototype, moulds or concepts thereof shall at all times remain vested in the Contractor.
11..3 The Purchaser shall indemnify and save harmless the Contractor from any costs, expenses, legal costs and liability that the Contractor incurs or may incur by reason of or in connection with the failure of the Purchaser to deliver up the Product timeously and in the condition stated above.
11.4 Risk in the Product shall pass to the Purchaser when the Product is delivered ex-works the Contractor's premises and shall remain with the Purchaser until the Purchaser complies with the provisions of clause 11.1.
12. Miscellaneous
12.1 Should any clause or part hereof be found by any competent court or judicial tribunal to be illegal, unenforceable or offend against any applicable rule of law then only such part of such clause as is necessary shall be deleted or amended or deemed so, so as to make such clause or part thereof legal, enforceable and such as not to offend against any applicable rule of law. No other clause or part shall be effected.
12.2 This contract shall be subject to the laws of England and the jurisdiction of the English Courts.
12.3 The tender of any cheque or other negotiable instrument by any third party on behalf of the Purchaser shall be deemed to be made in consideration of the Purchaser agreeing to reimburse such third party and shall be accepted by the Contractor on that basis and on the basis that the Contractor agrees that the Purchasers liability to the Contractor to make such payment shall cease upon clearance on first presentation of such cheque or negotiable instrument.
12.4 Time shall not be of the essence save in respect of clauses 7.3 and 9.2