Terms & Conditions

Stuart Smith Design – TERMS AND CONDITIONS v2.11.1

The following terms and conditions govern the design services provided by Stuart Smith Design to the Client and should be read in conjunction with any quotation and any other related documents or information.

  1. Stuart Smith Design shall provide a quotation based on a scope of work agreed with the client. Any quotation by Stuart Smith Design for its design services shall be valid for a period of 30 (thirty) days from its date, and Stuart Smith Design may withdraw it at any time by notice to the client.
  2. Payment of all invoices by the Client shall be within a maximum of 30 days of the date of the invoice, unless otherwise stated and agreed on quotation.
  3. Confidentiality: We agree that all the information and materials (including designs, drawings, sketches, documents, plans, models and prototypes) disclosed or supplied between us will be owned by the origination party and will be confidential between us.
  4. Preliminary Work: All work carried out, whether experimentally or otherwise, at the client’s request shall be charged.
  5. The client shall be responsible for obtaining all necessary authority to reproduce pictures, artwork, branding, photographs, etc. The client will indemnify Stuart Smith Design from any claim arising thereof. Stuart Smith Design reserves the right to refuse to handle any media which is deemed to be unlawful, inappropriate or constitutes harassment, racism or obscenity.
  6. Approval: Proofs of work may be submitted for client’s approval and Stuart Smith Design shall incur no liability for any errors not corrected by the client in proofs so submitted. Client's modifications, alterations and additional proofs necessitated thereby shall be charged extra.
  7. Communications by email are considered to be binding. Copies of your emails will be stored in our Project Files.
  8. Basis of charging: The fixed price contract between Stuart Smith Design and their client (excluding expenses and VAT) is based upon the assumption that the project will progress normally and in the manner discussed with you when the fee is agreed, and we reserve the right to review the fee if the project proceeds differently or becomes protracted for reasons beyond our control.
  9. Invoices will be submitted on completion of work, or, for where work is ‘Phased’, on staged completion.
  10. Expenses are calculated separately from labour costs and include all other costs related to the project in hand. Fuel expenses are calculated at 40 pence per mile (unless otherwise agreed).
  11. Termination of Contract / Agreement prior to completion shall incur costs based on hours worked up until the point of termination (unless otherwise agreed). Instruction to halt proceedings must come from the client in the form of an email/letter.
  12. Late cancellation of freelance work (within 48 hours of start date) would incur a cancellation fee of 20% of estimated work, unless otherwise agreed.
  13. Late payment, where invoices are not settled within the agreed credit terms, Stuart Smith Design reserves the right to charge an additional penalty on the overdue debt of 5% per month outstanding.
  14. Copyright, patent rights, trademarks, design rights remain the property of Stuart Smith Design unless otherwise agreed in writing.
  15. IPR (Intellectual Property Rights): all work remains the property of Stuart Smith Design until final payment of invoices are made in full.
  16. Work may be used for promotional purposes by Stuart Smith Design unless otherwise instructed.
  17. Insolvency: If the client ceases to pay their debts in the ordinary course of business or cannot pay their debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, Stuart Smith Design without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the client, such charge to be an immediate debt due to them, and (ii) in respect of all unpaid debts due from the client have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days" notice to dispose of such goods or property in such manner and at such price as thought fit and to apply the proceeds towards such debts.
  18. Acceptance of Terms: You will be deemed to have accepted our terms of business once work on your behalf has begun, or, if we have already commenced work on your behalf, on receipt these Standard Terms and Conditions if there are any items that you would like to have clarified, please contact us on 07813 602643.
  19. Customer Care: We will regularly update you, as necessary, on the progress of your Project. If you are unhappy about any aspect of our service, please contact us in the first instance. We will promptly and thoroughly investigate your concerns and inform you of the outcome, including any action taken.
  20. Payment Methods:
    By Cheque: Please make cheques payable to Stuart Smith, 108 Black Diamond Park, Chester, Cheshire, CH1 3EW.
    By BACS : Reference Job Number on invoice. Please contact us on 07813 602643 for account details.

Play System/Centre Design - Specific Information

  1. PS/1 All liabilities relating to or deriving from the design, manufacture, further development, material selection, construction and installation remain with the manufacturing company of any designs provided by Stuart SmithDesign whether or not issues directly relate to work completed by Stuart Smith Design.
  2. PS/2 Any insurance claims derived from work produced by Stuart Smith Design remain the responsibility of the client &/or the manufacturing company.
  3. PS/3 Stuart Smith Design provides its drawings with no mechanical, structural &/or material analysis or ‘guaranteed’ performance levels for the designs. This responsibility remains in full with the client &/or the manufacturing company.

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Tel: 07813 602643    |     E-Mail: info@stuartsmithdesign.co.uk