TERMS AND CONDITIONS OF TRADING

GENERAL

1. Blue Moon Digital Limited is a member of the Professional Photographic Laboratories Association (PPLA). As such, Blue Moon Digital Limited is bound by, and will conform strictly to, the PPLA Code of Business Practice. A copy of the PPLA Code of Business Practice may be viewed on request at Blue Moon Digital Limited.
2. The placing of an order by a client and the acceptance of that order by Blue Moon Digital Limited brings into being a contract on Blue Moon Digital Limited terms and conditions as detailed in the following paragraphs.
3. With the exception of the specific details of any individual order (for example, as to size quantity and finish), other terms and conditions proffered by the client are specifically excluded, unless agreed beforehand in writing by Blue Moon Digital Limited.
4. All orders shall.be in writing on the client’s official order form, envelope or letterhead, and shall be signed by the client or, in the case of a firm or a company, by a responsible person representing the client.
5. In exceptional circumstances, and entirely at its own discretion, Blue Moon Digital Limited may accept an order given orally by an existing or former client who has had notice of these terms and conditions, and these terms and conditions shall apply equally to an order given and accepted orally.
6. In the case of Blue Moon Digital Limited accepting an order given orally, the client shall confirm such order in writing as soon as practicable and, in the absence of written confirmation, Blue Moon Digital Limited shall accept no liability for any error in executing the order.
7. Blue Moon Digital Limited reserves the absolute right to refuse to accept an order whatsoever and for whatever reason, and particularly in cases where Blue Moon Digital Limited has reason to believe that acceptance and execution of the order will lead to a breach by Blue Moon Digital Limited of the laws of obscenity, libel or copyright, or to the aiding, abetting or condoning of such a breach by any other party.

PRICE, PAYMENTS AND ACCOUNTS

Prices:

8. The price payable by the client for the execution of any order shall be with Blue Moon Digital Limited price ruling at the time of acceptance of the order Blue Moon Digital Limited reserves the right to alter its price list at any time and without notice.
9. The price list published from time to time by Blue Moon DigitalLimited is exclusive of Value Added Tax. VAT at the current applicable rate will be added to all charges.
10. Blue Moon Digital Limited reserves the right to make additional charges when completion of an order is required within 24 hours or necessitates overtime working. There is a minimum charge per invoice of £10.00

Credit Accounts

11. If the Client shall spend over £500 per month (exclusive of VAT), and at the absolute discretion of Blue Moon Digital Limited. Blue Moon Digital Limited will open a client credit account upon receipt of two satisfactory trade references. The continuance of account facilities will be kept under review in the light of the continued value of the orders per month and the manner in which the account is conducted. Withdrawal of account facilities from the Client shall be at the absolute discretion of Blue Moon Digital Limited.
12. All accounts shall be settled in full by the Client within 30 days of the date of the invoice, or at a time agreeable and accepted in writing by both the Blue Moon Digital Limited and Client.
13. Any account with an outstanding balance which is overdue by more than 30 days may be referred to the PPLA Credit Reference Service, or any other Reference Agency.
14. Blue Moon Digital Limited will take all reasonable care in the handling and processing of all materials belonging to the Client.
15. The liability of Blue Moon Digital Limited for loss of or damage to the Client’s materials, however caused, shall be limited to a maximum of £50 (exclusive of VAT) per order. Blue Moon Digital Limited shall not be liable for any consequential losses, special damages or other indirect losses, howsoever arising.
16. It shall be the responsibility of the Client to ensure adequate and appropriate insurance cover in the event of the value of materials in any one order exceeding £50. It shall also be the responsibility of the Client to insure any goods or original materials deposited with Blue Moon Digital Limited for the purposes of the order or in transit to or from Blue Moon Digital Limited.
17. Unless otherwise specifically agreed by Blue Moon DigitalLimited in writing any date or time specified for the completion of any order whether by the Client or by Blue Moon Digital Limited shall be an estimate only and Blue Moon Digital Limited shall not be liable for any loss to the client or to any third party resulting from any reasonable delay in completing the order.

ACCURACY OF SIZE AND COLOUR MATCHING

18. All sizes quoted are nominal and may be subject to a margin of error. Blue Moon Digital Limited shall accept no liability for such minor variations in size.
19. The Client accepts that close colour matching is subjective, and that totally accurate colour matching to 100% fidelity is rarely possible. However, Blue Moon Digital Limited will endeavour to achieve the closest possible colour match within the limitation of materials and processes used. Where accurate colour matching is essential, the client shall provide sample materials for use by Blue Moon Digital Limited as colour matching guides.

INDEMNITY

20. The Client shall indemnify Blue Moon Digital Limited against all third party actions, costs, damages, losses and other claims of whatever nature arising out of the execution of the order in accordance with the Client's instructions.

COPYRIGHT

21. It shall be the responsibility of the Client to ensure that allmaterials presented for processing, printing, copyright, duplicating or any other process of reproduction are free from any third party claims for breach of copyright or licence.
22. By placing an order with Blue Moon Digital Limited, the client certifies and warrants:
    • that the Client is the owner of the copyright in the material(s) and that any reproduction by Blue Moon Digital Limited will not infringe the rights of any licensee; or
    • that the Client has the Valid authority of the copyright owner (or of an existing licensee of the copyright owner) to authorise the reproduction of the material(s) as required by the order.
23. The attention of the Client is drawn specifically to Paragraph 23 (above) in respect of indemnity.
24. The Client acknowledges that the breach of copyright in the course of trade or business is both a civil wrong and a criminal offence under the terms of the Copyright, Designs and Patents Act 1988.

ORIGINAL PHOTOGRAPHY CREATED BY BLUE MOON DIGITAL LIMITED

25. Where the terms of the order require Blue Moon DigitalLimited to create original photography, the copyright in such photography shall be the property of Blue Moon Digital Limited in accordance with the Copyright Designs and Patent* Act 1988.Blue Moon Digital Limited shall grant to the Client, at no additional charge, a licence to reproduce the photography in any non-photographic form, in any quantity, and in any part of the world, for a period of three years from the date of the invoice. Any photographic reproduction shall be carried out only by Blue Moon Digital Limited. Any extension to the licence beyond the three year period shall be subJect to negotiation and further agreement between the Client and Blue Moon Digital Limited.
26. All materials on which original photographic images arecreated by Blue Moon Digital Limited shall remain the property of Blue Moon Digital Limited, and Blue Moon Digital Limited undertakes to file and store all such original materials safely and to make them available for future reproduction for a period not exceeding 3 years. Where Blue Moon Digital Limited gives possession of original transparencies to the Client such original transparencies shall nevertheless remain the property of Blue Moon Digital Limited], and shall be given to the Client on free loan for the duration of the copyright licence. Photographic prints (whether from negatives or transparencies) will become and remain the property of the Client. However, the Client acknowledges that ownership of any physical materials such as prints and transparencies does not imply ownership of the copyright in the images on them (which remains the property of Blue Moon Digital Limited in accordance with Paragraph 28 above) or any right to reproduce or authorise the reproduction of any such images by any photographic means.

DELIVERY

27. Delivery of completed orders will be by Blue Moon Digital Limited own delivery driver or by taxi-cab, courier motorcycle, British Rail Red Star or any other courier or delivery service at the discretion of Blue Moon Digital Limited. Where applicable, Blue Moon Digital Limited will charge for postage,packing and delivery as appropriate. Any orders below £50 in value, exclusive of VAT, will incur a delivery charge.
28. Blue Moon Digital Limited shall not be liable for any damages to discrepancies in or shortages of delivered materials unless notified by the client within 48 hours of delivery. If Blue Moon Digital Limited is so notified within 48 hours, all materials delivered, together with all associated paperwork shall be returned to Blue Moon Digital Limited as soon as practicable.

LIEN AND RETENTION OF TITLE

29. Blue Moon Digital Limited shall have a general lien on all of the client’s materials in its possession and shall reserve the right to retain any such materials until all moneys due and payable have been received.
30. In the event of non-payment in accordance with these terms and conditions for any original photography created by Blue Moon Digital Limited, the licence to reproduce the image(s) shall be thereby immediately revoked without further notice from Blue Moon Digital Limited, thereby rendering any reproduction of the image(s) by the Client a breach of copyright, for which Blue Moon Digital Limited reserves the right to take such legal action as may be appropriate.