Analogue Image Shop Terms of Business

1. DEFINITIONS
Where the context permits the following words and phrases shall have the meanings assigned to them:
a) The Company means Analogue Image Limited. The Customer means the person or company who purchases goods from the Company.
b) Goods means any products supplied by the Company to the Customer.
c) Order means the Customer’s order for Goods.
d) Contract means the contract between the Company and the Customer for the sale and purchase of Goods in accordance with these Terms.

2. GENERAL
a) These Terms apply to all Orders for Goods placed with the Company.
Where any conflict arises between these Terms and any terms issued by the Customer, these Terms shall prevail unless expressly agreed otherwise in writing by a Director of the Company.
b) These Terms apply to all current and future Orders placed by the Customer whether or not provided again with subsequent Orders.

3. GOODS AND RISK
a) The Company shall supply Goods that materially conform to any agreed specification or description.
b) Risk in the Goods passes to the Customer upon delivery.
c) Title in the Goods remains with the Company until full payment has been received by the Company for all Goods supplied under the Contract.
d) The Customer is responsible for ensuring the suitability of the Goods for their intended use.
e) To the fullest extent permitted by law, the Company is not liable for loss or damage arising from misuse, modification or incorrect installation of the Goods by the Customer or any third party.

4. ORDERS AND ACCEPTANCE
a) All Orders must be placed in writing or via the Company’s website. No contract exists until the Order has been accepted by the Company.
b) By placing an Order, the Customer confirms that they have read, understood and agreed to these Terms, which are available at all times at:
https://www.analogueimage.shop

5. TITLE AND RETENTION OF GOODS
a) Title to the Goods shall not pass to the Customer until payment in full has been received by the Company.
b) Until title passes, the Customer shall:
hold the Goods as bailee for the Company;
store the Goods safely and separately from other goods; and
not pledge, sell or otherwise dispose of the Goods.
c) If payment is overdue, the Company may repossess the Goods and enter any premises where the Goods are stored for this purpose.

6. DELIVERY
a) Delivery dates are estimates only and time shall not be of the essence.
b) The Company shall not be liable for any loss or damage caused by late delivery or non-delivery.
c) Delivery takes place either:
when the Customer collects the Goods from the Company’s premises, or
when the Goods are delivered to the Customer’s nominated address (at the Customer’s risk).
d) The Customer must inspect the Goods upon delivery and notify the Company in writing within 14 days of delivery of any defect or issue. After this period, the Goods shall be deemed accepted.
e) Goods not collected within 8 weeks may be stored or disposed of at the Company’s discretion.

7. PAYMENT
a) Prices are as stated at the time of Order. Payment must be made in full prior to dispatch unless the Company has agreed a credit account in writing.
b) Where a credit account exists, invoices must be paid within 30 days of invoice date.
c) Late payments will incur interest at 4% above Bank of England base rate, accruing daily.
d) The Customer shall not withhold or set off payment for any reason.

8. WARRANTIES & INDEMNITIES
a) The Company warrants that the Goods will conform in all material respects to their description at the time of delivery.
b) All other warranties implied by statute or common law are, to the fullest extent permitted by law, excluded.
c) The Customer agrees to indemnify and keep indemnified the Company against claims arising from misuse or resale of the Goods.

9. LIMITATION OF LIABILITY
9.1 Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud or any liability that cannot legally be limited.
9.2 The Company’s total liability for any claim shall not exceed the price paid for the Goods giving rise to the claim.
9.3 The Company shall not be liable for:
loss of profit, sales, business or opportunity
loss of anticipated savings
indirect or consequential losses
costs associated with installation, removal or modification of Goods
9.4 Claims must be notified in writing within 12 months of delivery.

10. TERMINATION
The Company may terminate the Contract immediately if the Customer:
fails to make payment when due; or
commits a material breach of these Terms; or
becomes insolvent or enters liquidation or administration.

11. GENERAL
11.1 Force Majeure: the Company is not liable for delays caused by events beyond its reasonable control.
11.2 Third-Party Rights: no third party shall have rights under this Contract.
11.3 Governing Law: these Terms are governed by the laws of England and Wales.
11.4 Jurisdiction: the courts of England and Wales have exclusive jurisdiction.