1. DEFINITIONS AND INTERPRETATIONS

Definitions

'The Company' means Cubed Creative Ltd

'The Customer' means the person, firm, company or corporation who orders, purchases and/or contracts to order or purchase goods of the Company.

General

All quotations are made and all orders are accepted subject to the following terms and conditions. Any terms and conditions contained in any acceptance of this quotation which vary, are contrary to or additional to those herein contracted shall be void and of no effect. A customer desiring any reasonable amendment of those terms should communicate with the Company before forwarding an acceptance. No amendment of these terms shall be valid unless made in writing and signed by the Company. Before using any of our products, the customer shall determine the suitability of the product for its intended use, and the customer assumes all risks and liability whatsoever in connection herewith. The Company shall not be liable either in tort or in contract for any loss or damage – direct, incidental or consequential, arising out of the use of, or the inability to use, any of our products.

Description of Goods

All specifications, drawings, illustrations, particulars of weight and dimensions issued by the Company are approximate only and do not form part of any terms, conditions or warranties of any contract entered into by the Company. The Company may vary such specifications, drawings, illustrations, particulars of weight and dimensions at any time and for whatever reason, without giving prior notice, reason or explanation.

Special offers, Prices etc

Catalogues, brochures and price lists and all other advertising matter are only an indication of the type of goods offered by the Company, they shall not constitute a sale by description. All prices therein are intended to be correct at the date of publication but are subject to increase, alteration or withdrawal without notice.

Quotations

All quotations made are applicable only to quantities specified and are valid for 30 days from the date of quotation. The Company reserves the right to increase its price to take account of variations in labour, material or other costs between the date of quotation and the last date of delivery of the goods.

Orders

a. Verbal orders must be confirmed in writing within 48 hours.

b. If the Customer cancels any order before its completion he shall immediately thereupon become liable to pay to the Company a sum equal to the cost of the labour, materials and overheads expended in the execution of the said order up to and including the date of the receipt of such cancellation plus the amount of the profit which the Company would have made but for such cancellation.

Return Policy

Most of our products are custom made or ordered in from a 3rd party source specifically for each order and unless damaged or has not been produced to our high standard we do not accept returns.

Delivery & Passing of Risk

a. Any dates and times quoted for delivery are to be treated as an estimate and the Company shall not be liable whatsoever for failure to deliver by such date or time.

b. The risk in the goods shall pass to the Customer on delivery to the Customer's premises or to any person or party authorised by the Customer to receive goods.

c. The Company shall not be responsible for loss arising from delay or failure to deliver arising from causes beyond our control. These include Act of God, war, civil disturbance, riot, industrial action or dispute, natural calamity, controls, restrictions or prohibitions of Government or other competent authority, fire, flood, sabotage or non-availability of materials.

Retention of Title

Goods shall remain the property of the Company until payment in full has been received. Until title to the goods passes to the Customer he shall hold the goods for the Company and shall store the goods in such a manner as they are readily identifiable as the property of the Company.

Intellectual Property

Ownership of all intellectual property rights in relation to design work carried out by the company rests with the company unless otherwise provided for by a separate agreement.

Carriage

Goods will be despatched by the most convenient means unless otherwise agreed in writing and carriage will be charged at cost.

Loss or Damage in Transit

The Customer should notify, in writing, the Company and the Carrier within 2 days of delivery, any damage or loss of goods in transit. Non-delivery should be notified in writing within 14 days of the date of invoice.

Payment

a. Where credit terms have not been agreed, payment should be made in full with order or, where appropriate, immediately prior to despatch of the goods.

b. Unless otherwise agreed in writing the Company's credit terms are 30 days from date of invoice.

c. Where payment is not normally to be made until after delivery and the latter is delayed by the Customer's inability or unwillingness to accept such delivery at the time the goods are ready for despatch, the Company reserves the right to demand immediate payment in full after giving notice of its readiness to deliver the goods and to charge the Customer any storage expenses it may have to incur, all such storage being entirely at the Customer's risk.

Defects

The Company shall not be under any liability to the Customer or to any third party in respect of defects in goods delivered whether patent or latent or for any injury, damage or loss resulting directly or indirectly from such defects howsoever caused. Without prejudice to the foregoing the Company reserves the right at its sole discretion to make replacement of goods or parts in respect of any complaint in writing relating to alleged defects received by the Company within one month of the date of delivery. The date of delivery for the purpose of this clause shall be the date of delivery to a carrier by the Company.

Warranties

All statutory warranties and conditions are hereby excluded as well as all warranties and conditions made orally or in writing by whosoever given which vary or are contrary to or in addition to the above terms of business except those (if any) provided for by the note to Clause 2 hereof.

Law

The contract shall be subject to the Laws of England and construed in all respects as an English Contract.