Website Terms & Conditions

Aitken Design General Terms And Conditions

Application and entire agreement

  1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by  Aitken Design Limited a company registered in Scotland under number SC659291 whose registered office is at Suite 1.09 Red Tree Magenta 270 Glasgow Road, Rutherglen, Glasgow, Scotland, G73 1UZ (we or us or Service Provider) to the person buying the services (you or Customer).
  2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
  3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Interpretation

  1. A "business day" means any day other than a Saturday, Sunday or bank holiday in Scotland.
  2. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
  3. Words imparting the singular number shall include the plural and vice-versa.

Services

  1. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
  2. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
  3. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.

Your obligations

  1. You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
  2. If you do not comply with clause 10, we can terminate the Services.
  3. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).

Fees and Deposit

  1. The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.
  2. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
  3. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable  daily  rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
  4. The Fees are exclusive  of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
  5. You must pay a deposit ("Deposit") of 100%, as detailed in the quotation at the time of accepting the quotation. 
  6. If you do not pay the Deposit to us according to the clause above, we can either withhold provision of the Services until the Deposit is received or can terminate under the clause below (Termination).
  7. The Deposit is non-refundable.
  8. On receipt of the Deposit, this confirms you have accepted the Quote provided and gives permission for the work to be carried out.

Cancellation and amendment

  1. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of  5  days  from the date of the quotation, (unless the quotation has been withdrawn).
  2. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
  3. If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
  4. When an order has been approved, this will then be sent into production however should you request that this has been amended after approval, a new order will be required to be completed at the original Quote provided.
  5. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
  6. In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Company will make no payment in refund to the client. Should there be a cancellation of any kind, on behalf of the Company, a refund payment shall be made reflecting the proportion of the work that has already been carried out. This will be no more than 50% of the quoted amount.
  7. 

Payment

  1. We will invoice you for payment of the Fees either:
  2. when we have completed the Services; or
  3. on the invoice dates set out in the quotation.
  4. You must pay the Fees due within 1 working  day of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
  5. Time for payment shall be of the essence of the Contract.
  6. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 8% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
  7. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
  8. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
  9. Receipts for payment will be issued by us only at your request.
  10. All payments must be made in British Pounds unless otherwise agreed in writing between us.

Delivery

  1. We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to another location we agree in writing.
  2. If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.
  3.  Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 8 pm.
  4. If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:
  5. store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or
  6.  make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or
  7.  after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.
  8. If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge
  9. you for all associated costs including, but not limited to, storage and insurance.
  10. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
  11. We can deliver the Goods by instalments, which will be invoiced and paid for separately. Each instalment is a separate contract. Any
  12. delay in delivery or defect in an instalment will not entitle you to cancel any other instalment.

Inspection and acceptance of Goods

  1. You must inspect the Goods on delivery or collection.
  2. If you identify any damages or shortages, you must inform us in writing within  1 day  of delivery, providing details.
  3. Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.
  4. Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.
  5. We will be under no liability or further obligation in relation to the Goods if:
  6.  if you fail to provide notice as set above; and/or
  7.  you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
  8. the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or
  9. the defect arises from normal wear and tear of the Goods; and/or
  10. the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
  11. You bear the risk and cost of returning the Goods.
  12. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 1 day after delivery.

Subcontracting and Assignment

  1. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
  2. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.


Gift Vouchers, Prepayments & Credit Notes

  1. Gift vouchers, prepayments and credit notes are valid for 12 months from the date of purchase.
  2. Gift vouchers, prepayments and credit notes can be used over multiple transactions however cannot be exchanged for cash.
  3. No change (cash) or refund will be given for gift vouchers or credit notes.
  4. Gift vouchers, prepayments and credit notes may be used for goods or services of a higher value, on payment of the difference.
  5. Gift Vouchers will not be replaced when lost, damaged or stolen.
  6. Gift vouchers, prepayments and credit notes are only valid at Aitken Design Limited.
  7. In the event of any dispute, the decision of Aitken Design Limited is final.
  8. Aitken Design Limited reserves the right to amend these terms & conditions without prior notice.


Termination

  1. We can terminate the provision of the Services immediately if you:
  2. commit a material breach of your obligations under these Terms and Conditions; or
  3. fail to make pay any amount due under the Contract on the due date for payment; or
  4. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
  5. enter into a voluntary arrangement under the Bankruptcy Act 2014, or any other scheme or arrangement is made with its creditors; or
  6. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder, a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.

Intellectual property

  1. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.


Liability and indemnity

  1. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
  2. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
  3. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
  4. any indirect, special or consequential loss, damage, costs, or expenses or;
  5. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
  6. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
  7. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
  8. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
  9. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
  10. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Data Protection

  1. When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
  2. The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and the Service Provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
  3. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
  4. The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
  5. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
  6. The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
  7. Further information about the Service Provider's approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can email: info@aitkendesign.co.uk.

Circumstances beyond a party's control

  1. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.


Communications

  1. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
  2. Notices shall be deemed to have been duly given:
  3. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
  4. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
  5. on the fifth business day following mailing, if mailed by national ordinary mail; or
  6. on the tenth business day following mailing, if mailed by airmail.
  7. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

 Social Media

  1. We welcome your feedback, ideas or suggestions (collectively, “Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.
  2. Testimonials, reviews, photos and videos of the finished products may be used on all Social Media platforms.

No waiver

  1. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

 Complaints/Disputes

  1. We trust that you will have no cause to complain, but in the event of this being necessary, it must be done, in writing, within 5 working days of the product being supplied. If a complaint or dispute arises after this time period, this will be looked at, at the Company’s discretion.


Severance

  1. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).


Law and jurisdiction

  1. This Agreement shall be governed by and interpreted according to the law of Scotland and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Scottish courts.



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