Terms and Conditions of Business

1. Introduction

1.1. These terms and conditions (“The Terms”) govern every contract made between Genesis Imaging (Chelsea) Limited (“Genesis”) and any client for the supply of goods and services made by Genesis.

1.2. The terms prevail over any written terms and conditions of the client.

1.3. Any variation to The Terms must be agreed in writing by a Director of Genesis.

2. Price and Payment

2.1. All prices as set out in Genesis’s price list are exclusive of VAT.

2.2. The client will settle the account in full within 30 days of the date of the invoice.

3. Collections and Deliveries

3.1. Genesis’s collection and delivery courier service is available to credit account clients between 9.00am and 6.00pm Monday to Friday.

3.2. The client must sign for goods delivered by the courier or Genesis will not be responsible for any losses arising from the delivery.

4. Uncollected Goods Film and Digital Data Storage

4.1. Genesis may dispose of any materials, unprocessed film or any other items that have not been collected by the client after more than three months from the date of receipt of the work by Genesis.

4.2. Whilst every reasonable care will be taken to safeguard negatives, transparencies or other items stored by Genesis on the client’s instruction and behalf, this facility is offered on the understanding that Genesis is not responsible for the loss (including theft), destruction of or damage to any of the items belonging to the client or any other party for whatever reason.

4.3. Genesis will store digital data arising from scanning, printing and image retouching or other works for a maximum period of up to 6 months. This facility is offered on the basis that Genesis are not responsible for the future integrity of that data, or any failure to retrieve data from Genesis’s storage archive.

5. Limit of Liability

5.1. The client must notify Genesis in writing of any claim within two weeks of the completion of the order concerning any supply of goods or services provided by Genesis. Genesis will not be liable for any claim notified after such time.

5.2. Whilst every reasonable care will be taken in handling the client’s materials, including original supplies, unexposed films or paper accepted for processing and printing, our liability for any loss or damage however caused or damage in processing or printing, in transit or delay in transit wherever the destination, or during storage is limited to the basic material replacement cost of the transparencies, negatives or other materials, this value is taken to be no more than £100 per order; and

5.3. Genesis will not be liable for the costs of re-shooting the material contained in the transparencies, negatives or other materials; and

5.4. Genesis will not be liable for any consequential loss or damage incurred by the customer or any other party including loss of profit or income; and

5.5. The client shall be responsible to insure against such costs of re-shooting, loss or damage.

6. Insurance

6.1. Genesis advises the client to secure insurance against all eventualities as set out in Clause 5 above.

7. Force Majeure

7.1. Genesis shall not be liable for any failure to perform any contract due to any circumstances beyond its control including, but not limited to, inability to secure labour, materials, supplies, transport, scarcity of fuel, power or components, machine breakdown, fire storm, flood, act of God, war, civil disturbance, strikes, lock-outs or industrial action in whatever forms.

8. Copyright and Legality

8.1. The client undertakes that materials submitted for processing, printing or other services provided by Genesis should not infringe any copyright. The client is responsible if any legal actions are brought about by any third party against Genesis through breach of copyright. In such cases the customer agrees to indemnify Genesis against all losses, damages, claims or any expenses which Genesis may reasonably incur by virtue of the above undertaking.