Terms and Conditions

1. Definitions

The following words shall have the following meanings unless the context of their use requires otherwise:

“Company” shall mean Flagship Films.

“Contract” any contract between the company and the customer for the supply of the goods or the carrying out of the work.

“Customer” shall include any person, firm, or body corporate for whom or at whose request work is done or services rendered.

“Work” means all the work or services undertaken or performed by the company.

“Goods” means all components, spare parts, goods, equipment, or materials of any kind agreed in the contract which are supplied or installed by the company whether in connection with the work or otherwise and the quantity and description thereof shall be as set out in the company’s quotation.

“Premises” means the company’s facilities at 2 Peters Close, Southwater, West Sussex, RH13 9JP.  

 2. Contract

a) All quotations, purchase orders, confirmation of order, specification or other document relating to the carrying out of the work and/or to the supply of the goods are subject to these terms and conditions to the exclusion of all other terms and conditions. These terms and conditions may be varied only by agreement in writing between the parties signed on their behalf by duly authorised representatives.

b) Quotations issued by the company are not offers capable of acceptance so as to make a binding contract but are instead invitations to place orders subject to these terms and conditions. Any orders placed with the company require its written acceptance before any contract arises. The customer shall ensure that the terms of its order and any applicable specifications are complete and accurate.

c) These terms and conditions (as varied if at all in accordance with sub-clause (a) above) comprise the whole contract between the parties and supersede any prior promises, representations, undertakings or implications. Nothing in this condition shall exclude or limit the company’s liability for fraudulent misrepresentation.

d) The company shall have the right to sub-contract any of the work either in whole or in part.

e) All orders and contracts shall be governed by the laws of England and Wales.

f) The failure of the company or the customer in any one or more instances to insist upon strict performance or observance of one or more terms or to exercise any remedy, privilege or right shall not be construed as a waiver of any future breach of any terms or rights to enforce the same or to exercise such remedy, privilege or right.

g) If any provision of these terms and conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these terms and conditions and the remainder of such provision shall continue in full force and effect. 

3. Prices

a) All prices and rates quoted or agreed by the company are based upon costs prevailing at the date of such quotation or contract. 

b) Any quotation will only be valid for acceptance for a period of 30 days provided that the company has not previously withdrawn it. The prices and rates are exclusive of value added tax which shall be due at the rate ruling on the date of the company’s invoice. 

c) All payments to be made by the customer shall be made without any deduction or withholding (whether in respect of setoff, counterclaims, taxes, charges, discount, abatement or otherwise howsoever arising).

4. Taxes

a) The Customer will assume and pay and indemnify the Company against all taxes (including but not limited to withholding tax sales and use taxes but excluding any taxes relating or calculated by reference to income, profit or gains of the Company wheresoever imposed) duties, assessments, levies and fines and the costs of any customs bonds which may arise or for which the Company may be liable arising in any way out of the Contract.

5. Payment

a) The Customer undertakes to pay the Company for all Work, Goods or services provided within thirty days from the date of the Company’s invoice in the currency specified in the invoice.

Registered office:
2 Peters Close

Southwater

West Sussex

RH13 9JP.