THESE TERMS OF USE GOVERN YOUR USE OF OUR WEBSITE; BY USING OUR WEBSITE, YOU AGREE TO THESE TERMS OF USE IN FULL. IF YOU DISAGREE WITH THESE TERMS OF USE OR ANY PART OF THESE TERMS OF USE, YOU MUST NOT USE OUR WEBSITE.
OUR WEBSITE USES COOKIES. BY USING OUR WEBSITE AND AGREEING TO THESE TERMS OF USE, YOU CONSENT TO OUR USE OF COOKIES IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY / COOKIES POLICY
(2) LICENCE SOLAS NEON
(3) LICENCE TO USE WEBSITE
UNLESS OTHERWISE STATED, WE OR OUR LICENSORS OWN THE INTELLECTUAL PROPERTY RIGHTS IN THE WEBSITE AND MATERIAL ON THE WEBSITE. SUBJECT TO THE LICENCE BELOW, ALL THESE INTELLECTUAL PROPERTY RIGHTS ARE RESERVED.
YOU MAY VIEW, DOWNLOAD FOR CACHING PURPOSES ONLY, AND PRINT PAGES OR OTHER CONTENT FROM THE WEBSITE FOR YOUR OWN PERSONAL USE, SUBJECT TO THE RESTRICTIONS SET OUT BELOW AND ELSEWHERE IN THESE TERMS OF USE.
YOU MUST NOT:
(A) REPUBLISH MATERIAL FROM THIS WEBSITE (INCLUDING REPUBLICATION ON ANOTHER WEBSITE);
(B) SELL, RENT OR SUB-LICENSE MATERIAL FROM THE WEBSITE;
(C) SHOW ANY MATERIAL FROM THE WEBSITE IN PUBLIC;
(4) ACCEPTABLE USE
YOU MUST NOT USE OUR WEBSITE IN ANY WAY THAT CAUSES, OR MAY CAUSE, DAMAGE TO THE WEBSITE OR IMPAIRMENT OF THE AVAILABILITY OR ACCESSIBILITY OF THE WEBSITE; OR IN ANY WAY WHICH IS UNLAWFUL, ILLEGAL, FRAUDULENT OR HARMFUL, OR IN CONNECTION WITH ANY UNLAWFUL, ILLEGAL, FRAUDULENT OR HARMFUL PURPOSE OR ACTIVITY.
YOU MUST NOT USE OUR WEBSITE TO COPY, STORE, HOST, TRANSMIT, SEND, USE, PUBLISH OR DISTRIBUTE ANY MATERIAL WHICH CONSISTS OF (OR IS LINKED TO) ANY SPYWARE, COMPUTER VIRUS, TROJAN HORSE, WORM, KEYSTROKE LOGGER, ROOTKIT OR OTHER MALICIOUS COMPUTER SOFTWARE.
YOU MUST NOT CONDUCT ANY SYSTEMATIC OR AUTOMATED DATA COLLECTION ACTIVITIES (INCLUDING, WITHOUT LIMITATION, SCRAPING, DATA MINING, DATA EXTRACTION AND DATA HARVESTING) ON OR IN RELATION TO OUR WEBSITE WITHOUT OUR EXPRESS WRITTEN CONSENT,
YOU MUST NOT USE OUR WEBSITE TO TRANSMIT OR SEND UNSOLICITED COMMERCIAL COMMUNICATIONS.
YOU MUST NOT USE OUR WEBSITE FOR ANY PURPOSES RELATED TO MARKETING WITHOUT OUR EXPRESS WRITTEN CONSENT.
(5) RESTRICTED ACCESS
ACCESS TO CERTAIN AREAS OF OUR WEBSITE IS RESTRICTED. WE RESERVE THE RIGHT TO RESTRICT ACCESS TO OTHER AREAS OF OUR WEBSITE, OR INDEED OUR WHOLE WEBSITE, AT OUR DISCRETION.
IF WE PROVIDE YOU WITH A USER ID AND PASSWORD TO ENABLE YOU TO ACCESS RESTRICTED AREAS OF OUR WEBSITE OR OTHER CONTENT OR SERVICES, YOU MUST ENSURE THAT THE PASSWORD IS KEPT CONFIDENTIAL.
YOU MUST NOTIFY US IN WRITING IMMEDIATELY IF YOU BECOME AWARE OF ANY UNAUTHORISED USE OF YOUR ACCOUNT OR PASSWORD.
YOU ARE RESPONSIBLE FOR ANY ACTIVITY ON OUR WEBSITE ARISING OUT OF ANY FAILURE TO KEEP YOUR PASSWORD CONFIDENTIAL AND MAY BE HELD LIABLE FOR ANY LOSSES ARISING OUT OF SUCH A FAILURE.
YOU MUST NOT USE ANY OTHER PERSON'S USER ID AND PASSWORD TO ACCESS OUR WEBSITE, UNLESS YOU HAVE THAT PERSON'S EXPRESS PERMISSION TO DO SO.
WE MAY DISABLE YOUR USER ID AND PASSWORD AT ANY TIME IN OUR SOLE DISCRETION WITH OR WITHOUT NOTICE OR EXPLANATION.
(6) USER CONTENT
IN THESE TERMS OF USE, "YOUR CONTENT" MEANS MATERIAL (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, AUDIO MATERIAL, VIDEO MATERIAL AND AUDIO-VISUAL MATERIAL) THAT YOU SUBMIT TO OUR WEBSITE, FOR WHATEVER PURPOSE.
YOU GRANT TO US A WORLDWIDE, IRREVOCABLE, NON-EXCLUSIVE, ROYALTY-FREE LICENCE TO USE, REPRODUCE, ADAPT, PUBLISH, TRANSLATE AND DISTRIBUTE YOUR CONTENT IN ANY EXISTING OR FUTURE MEDIA. YOU ALSO GRANT TO US THE RIGHT TO SUB-LICENSE THESE RIGHTS AND THE RIGHT TO BRING AN ACTION FOR INFRINGEMENT OF THESE RIGHTS.
YOU WARRANT AND REPRESENT THAT YOUR CONTENT WILL COMPLY WITH THESE TERMS OF USE.
YOUR CONTENT MUST NOT BE ILLEGAL OR UNLAWFUL, MUST NOT INFRINGE ANY THIRD PARTY'S LEGAL RIGHTS AND MUST NOT BE CAPABLE OF GIVING RISE TO LEGAL ACTION WHETHER AGAINST YOU OR US OR A THIRD PARTY (IN EACH CASE UNDER ANY APPLICABLE LAW).
YOU MUST NOT SUBMIT ANY CONTENT TO THE WEBSITE THAT IS OR HAS EVER BEEN THE SUBJECT OF ANY THREATENED OR ACTUAL LEGAL PROCEEDINGS OR OTHER SIMILAR COMPLAINT.
WE RESERVE THE RIGHT TO EDIT OR REMOVE ANY MATERIAL SUBMITTED TO OUR WEBSITE, OR STORED ON OUR SERVERS, OR HOSTED OR PUBLISHED UPON OUR WEBSITE.
NOTWITHSTANDING OUR RIGHTS UNDER THESE TERMS OF USE IN RELATION TO YOUR CONTENT, WE DO NOT UNDERTAKE TO MONITOR THE SUBMISSION OF SUCH CONTENT TO, OR THE PUBLICATION OF SUCH CONTENT ON, OUR WEBSITE.
(7) LIMITED WARRANTIES
WE DO NOT WARRANT THE COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON THIS WEBSITE; NOR DO WE COMMIT TO ENSURING THAT THE WEBSITE REMAINS AVAILABLE OR THAT THE MATERIAL ON THE WEBSITE IS KEPT UP TO DATE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS WEBSITE AND THE USE OF THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES IMPLIED BY LAW IN RESPECT OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND/OR THE USE OF REASONABLE CARE AND SKILL).
(8) LIMITATIONS AND EXCLUSIONS OF LIABILITY
NOTHING IN THESE TERMS OF USE WILL: (A) LIMIT OR EXCLUDE OUR OR YOUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE; (B) LIMIT OR EXCLUDE OUR OR YOUR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION; (C) LIMIT ANY OF OUR OR YOUR LIABILITIES IN ANY WAY THAT IS NOT PERMITTED UNDER APPLICABLE LAW; OR (D) EXCLUDE ANY OF OUR OR YOUR LIABILITIES THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.
THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET OUT IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE: (A) ARE SUBJECT TO THE PRECEDING PARAGRAPH; AND (B) GOVERN ALL LIABILITIES ARISING UNDER THESE TERMS OF USE OR IN RELATION TO THE SUBJECT MATTER OF THESE TERMS OF USE, INCLUDING LIABILITIES ARISING IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) AND FOR BREACH OF STATUTORY DUTY.
TO THE EXTENT THAT THE WEBSITE AND THE INFORMATION AND SERVICES ON THE WEBSITE ARE PROVIDED FREE OF CHARGE, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY NATURE.
WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY LOSSES ARISING OUT OF ANY EVENT OR EVENTS BEYOND OUR REASONABLE CONTROL.
WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY BUSINESS LOSSES, INCLUDING (WITHOUT LIMITATION) LOSS OF OR DAMAGE TO PROFITS, INCOME, REVENUE, USE, PRODUCTION, ANTICIPATED SAVINGS, BUSINESS, CONTRACTS, COMMERCIAL OPPORTUNITIES OR GOODWILL.
WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY LOSS OR CORRUPTION OF ANY DATA, DATABASE OR SOFTWARE.
WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
(9) INDEMNITY
YOU HEREBY INDEMNIFY US AND UNDERTAKE TO KEEP US INDEMNIFIED AGAINST ANY LOSSES, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, LEGAL EXPENSES AND ANY AMOUNTS PAID BY US TO A THIRD PARTY IN SETTLEMENT OF A CLAIM OR DISPUTE ON THE ADVICE OF OUR LEGAL ADVISERS) INCURRED OR SUFFERED BY US ARISING OUT OF ANY BREACH BY YOU OF ANY PROVISION OF THESE TERMS OF USE[, OR ARISING OUT OF ANY CLAIM THAT YOU HAVE BREACHED ANY PROVISION OF THESE TERMS OF USE].
(10) BREACHES OF THESE TERMS OF USE
WITHOUT PREJUDICE TO OUR OTHER RIGHTS UNDER THESE TERMS OF USE, IF YOU BREACH THESE TERMS OF USE IN ANY WAY, WE MAY TAKE SUCH ACTION AS WE DEEM APPROPRIATE TO DEAL WITH THE BREACH, INCLUDING SUSPENDING YOUR ACCESS TO THE WEBSITE, PROHIBITING YOU FROM ACCESSING THE WEBSITE, BLOCKING COMPUTERS USING YOUR IP ADDRESS FROM ACCESSING THE WEBSITE, CONTACTING YOUR INTERNET SERVICE PROVIDER TO REQUEST THAT THEY BLOCK YOUR ACCESS TO THE WEBSITE AND/OR BRINGING COURT PROCEEDINGS AGAINST YOU.
(11) VARIATION
WE MAY REVISE THESE TERMS OF USE FROM TIME TO TIME. REVISED TERMS OF USE WILL APPLY TO THE USE OF OUR WEBSITE FROM THE DATE OF PUBLICATION OF THE REVISED TERMS OF USE ON OUR WEBSITE.
(12) ASSIGNMENT
WE MAY TRANSFER, SUB-CONTRACT OR OTHERWISE DEAL WITH OUR RIGHTS AND/OR OBLIGATIONS UNDER THESE TERMS OF USE WITHOUT NOTIFYING YOU OR OBTAINING YOUR CONSENT.
YOU MAY NOT TRANSFER, SUB-CONTRACT OR OTHERWISE DEAL WITH YOUR RIGHTS AND/OR OBLIGATIONS UNDER THESE TERMS OF USE.
(13) SEVERABILITY
IF A PROVISION OF THESE TERMS OF USE IS DETERMINED BY ANY COURT OR OTHER COMPETENT AUTHORITY TO BE UNLAWFUL AND/OR UNENFORCEABLE, THE OTHER PROVISIONS WILL CONTINUE IN EFFECT. IF ANY UNLAWFUL AND/OR UNENFORCEABLE PROVISION WOULD BE LAWFUL OR ENFORCEABLE IF PART OF IT WERE DELETED, THAT PART WILL BE DEEMED TO BE DELETED, AND THE REST OF THE PROVISION WILL CONTINUE IN EFFECT.
(14) EXCLUSION OF THIRD PARTY RIGHTS
THESE TERMS OF USE ARE FOR THE BENEFIT OF YOU AND US, AND ARE NOT INTENDED TO BENEFIT ANY THIRD PARTY OR BE ENFORCEABLE BY ANY THIRD PARTY. THE EXERCISE OF OUR AND YOUR RIGHTS IN RELATION TO THESE TERMS OF USE IS NOT SUBJECT TO THE CONSENT OF ANY THIRD PARTY.
(15) ENTIRE AGREEMENT
SUBJECT TO THE FIRST PARAGRAPH OF SECTION [8], THESE TERMS OF USE[, TOGETHER WITH OUR PRIVACY POLICY,] CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US IN RELATION TO YOUR USE OF OUR WEBSITE AND SUPERSEDE ALL PREVIOUS AGREEMENTS IN RESPECT OF YOUR USE OF OUR WEBSITE.
(16) LAW AND JURISDICTION
THESE TERMS OF USE WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH SCOTTISH LAW, AND ANY DISPUTES RELATING TO THESE TERMS OF USE WILL BE SUBJECT TO THE [NON-]EXCLUSIVE JURISDICTION OF THE COURTS OF SCOTLAND.
(17) REGISTRATIONS AND AUTHORISATIONS
OUR PROFESSIONAL TITLE IS SOLAS NEON AND IT HAS BEEN GRANTED IN THE UNITED KINGDOM.
(18) OUR DETAILS
THE FULL NAME OF OUR COMPANY IS SOLAS NEON DESIGN LTD
WE ARE REGISTERED IN SCOTLAND UNDER REGISTRATION LAWS
OUR REGISTERED ADDRESS CAN BE SEND ON REQUEST
YOU CAN CONTACT US BY EMAIL TO HELLO@SOLASNEON.CO.UK
Repairs & return/ Refund Policy
We more then anyone know that sometime neons can break or need a bit of TLC so we provide a complete service of repair work on any neon sign - even if we haven’t made it. With years of experience working with neon signage our team can help get any old neon light up and running again - good as new. Whether the glass is broken or the electrics need to be looked over we can tackle any neon sign big or small.
Give us a ring or send over an email and we’d be more then happy to help! Get in touch here
Installation Dates and Timescales
Any manufacturing, delivery or installation date provided by the Company is an estimated target date unless the Company expressly confirms in writing that a particular date is a guaranteed contractual completion date.
The Company will use reasonable endeavours to manufacture, deliver and install the Goods within any estimated timescale provided. However, time shall not be of the essence in relation to manufacture, delivery, installation or completion unless expressly agreed in writing by an authorised representative of the Company.
Installation dates may be changed or postponed where reasonably necessary as a result of production delays, material availability, supplier delays, adverse weather, access restrictions, site conditions, equipment failure, staff absence, third-party contractors, health and safety concerns, permissions or consents, or other circumstances affecting the Company's ability to safely or reasonably complete the Works.
The Company shall notify the Customer as soon as reasonably practicable where it becomes aware of a material delay.
Events, Openings and Fixed Deadlines
Where signage is required in connection with an opening, launch, event, promotion or other time-sensitive activity, the Customer must notify the Company of that requirement in writing before accepting the quotation.
Unless the Company expressly accepts a fixed completion deadline in writing, the existence of an opening date, launch, event, promotion or other deadline shall not make time of the essence and shall not constitute a guarantee that the Works will be completed before that date.
The Customer is responsible for making appropriate contingency arrangements where the operation, opening or promotion of its business is dependent upon completion of the Works by a particular date.
Unless expressly agreed in writing, the Company does not accept responsibility for determining whether the Customer's premises can or should open, trade or hold an event in the absence of the Goods or completion of the Works.
Customer's Duty to Mitigate
Where any delay, defect or other issue occurs, the Customer shall take reasonable steps to minimise or avoid any resulting loss.
The Company shall not be responsible for losses which the Customer could reasonably have avoided or reduced, including losses arising from a decision to close, delay opening, cancel an event, suspend trading or otherwise cease business operations where it would have been reasonable to continue operating.
Exclusion of Certain Losses
Subject to clause 15, the Company shall not be liable, whether in contract, delict (including negligence), breach of statutory duty, misrepresentation or otherwise, for any:
loss of profit;
loss of revenue or turnover;
loss of anticipated savings;
loss of business;
loss of opportunity;
loss of contracts;
loss of goodwill or reputation;
loss arising from business interruption;
loss arising from delayed opening or closure of premises;
loss arising from cancellation or postponement of any launch, opening, event or promotion; or
indirect or consequential loss,
arising out of or in connection with the Goods, Works, Contract, delay, non-delivery or failure to complete installation by an anticipated date.
Limitation of Liability
Subject to clause 15, the Company's total aggregate liability arising out of or in connection with any individual Contract, whether arising in contract, delict (including negligence), breach of statutory duty, misrepresentation or otherwise, shall not exceed 100% of the total price paid or payable by the Customer under that Contract.
The limitation in clause 12 applies to all claims arising from the same Contract or series of related events and is not a separate limit for each individual claim.
Where part of the Goods or Works is defective, delayed or not supplied, the Company may, where reasonable in the circumstances, repair, replace, re-manufacture or complete the affected Goods or Works or refund the price paid for the affected part.
Liability Which Is Not Excluded
Nothing in these Terms shall exclude or limit any liability which cannot lawfully be excluded or limited, including liability for:
death or personal injury resulting from negligence where such liability cannot lawfully be excluded;
fraud or fraudulent misrepresentation; or
any other liability which it would be unlawful to exclude or restrict.
Site Access and Third-Party Delays
The Customer is responsible for ensuring that suitable and safe access to the installation location is available at the agreed installation time and that all necessary permissions, landlord approvals, planning permissions, electrical supplies and other prerequisites have been obtained unless expressly included within the Company's quotation.
The Company shall not be liable for delay caused by the Customer, landlord, principal contractor, other trades, local authority, utility provider or any other third party.
Where an installation cannot proceed because the site is not ready, safe or accessible, the Company reserves the right to charge reasonable additional costs for aborted attendance, storage and rescheduling.
Force Majeure
The Company shall not be liable for delay or failure to perform its obligations where caused by circumstances beyond its reasonable control, including severe weather, fire, flood, accident, transport disruption, utility failure, industrial action, shortages of materials, failure or delay by suppliers or subcontractors, governmental restrictions or other events beyond the Company's reasonable control.
Governing Law
These Terms and any Contract between the Company and Customer shall be governed by Scots law and the Scottish courts shall have exclusive jurisdiction, unless otherwise expressly agreed in writing.
SOLAS SIGNS
TERMS & CONDITIONS OF BUSINESS
These Terms & Conditions apply to the supply of signage, graphics, fabrication, installation and associated goods and services by Solas Signs ("the Company", "we", "us") to the customer ("the Customer", "you").
By accepting a quotation, paying a deposit, issuing a purchase order, instructing us to commence work or otherwise proceeding with an order, the Customer agrees to these Terms & Conditions.
These Terms are intended primarily for business-to-business transactions.
1. Quotations
1.1 Quotations are valid for 30 days unless otherwise stated.
1.2 Quotations are based upon the information, drawings, specifications and site information available to us at the time.
access equipment not reasonably anticipated when quoting;
traffic or pedestrian management;
permits, parking suspensions and road closures;
making good to existing surfaces;
removal of concealed or unforeseen structures;
asbestos-related work;
specialist lifting equipment; and
other works not specifically described in the quotation.
1.4 We may revise a quotation where the scope, specification, dimensions, quantities, installation requirements or site conditions subsequently change.
1.5 VAT will be charged at the applicable rate unless expressly stated otherwise.
2. Orders and Contract Formation
2.1 An order becomes binding when we accept the Customer's instruction to proceed.
2.2 Acceptance may occur through written acceptance of our quotation, payment of a deposit, issue of a purchase order, written instruction to proceed or other clear authorisation.
2.3 These Terms shall apply to the Contract unless alternative terms have been expressly agreed by us in writing.
2.4 Terms contained within a Customer's purchase order or other documentation shall not override these Terms unless expressly accepted by us in writing.
3. Deposits and Payment
3.1 We may require a deposit before design, manufacture, procurement or other work begins.
3.2 Unless otherwise agreed, invoices are payable within the payment period stated on the quotation or invoice.
3.3 The Customer shall not withhold payment of an undisputed amount because another part of the Works is disputed.
3.4 Where staged payments are agreed, we may suspend further work if a payment becomes overdue.
3.5 In business-to-business transactions, we reserve the right to claim statutory interest, compensation and reasonable recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and associated legislation.
3.6 The Customer shall be responsible for reasonable costs incurred by us in recovering overdue sums to the extent permitted by law.
4. Artwork, Proofs and Approvals
4.1 Where we provide artwork, drawings, visuals, layouts or proofs, these are provided for approval before manufacture unless otherwise agreed.
4.2 The Customer is responsible for checking all:
spelling;
wording;
telephone numbers;
website addresses;
dimensions;
colours;
logos;
positioning;
quantities; and
other content.
4.3 Once artwork or specifications have been approved, the Customer accepts responsibility for errors contained within the approved material.
4.4 Changes requested following approval may result in additional charges and changes to production or installation timescales.
4.5 Visuals and mock-ups are illustrative and may not represent exact scale, colour, lighting characteristics, materials or final appearance.
5. Customer-Supplied Artwork
5.1 The Customer is responsible for ensuring that supplied artwork is suitable for production.
5.2 We are not responsible for poor output resulting from low-resolution, incorrectly prepared or otherwise unsuitable Customer-supplied artwork where the issue could not reasonably have been identified beforehand.
5.3 Where artwork requires alteration, recreation or preparation beyond that included within the quotation, additional charges may apply.
6. Intellectual Property
6.1 The Customer warrants that it has permission to use any logos, photographs, artwork, fonts, trademarks or other material supplied to us.
6.2 The Customer shall be responsible for claims arising from material supplied by the Customer which infringes third-party intellectual property rights.
6.3 Unless otherwise agreed, design concepts, technical drawings, fabrication methods and original artwork produced by us remain our intellectual property until all associated invoices have been paid.
6.4 Payment for manufacture does not automatically transfer ownership of editable design files, CAD files, manufacturing files, source artwork or production methods unless specifically included within the quotation.
7. Colours and Materials
7.1 We will use reasonable endeavours to match specified colours.
7.2 Exact colour matching cannot always be guaranteed due to differences between screens, printers, vinyl batches, paints, substrates, lighting conditions and manufacturing processes.
7.3 Where accurate colour reproduction is critical, the Customer must request a physical sample before production.
7.4 Natural and manufactured materials may exhibit reasonable variations in colour, texture, grain, finish and appearance.
7.5 Minor variations which do not materially affect the overall appearance or function of the signage shall not constitute a defect.
8. Site Surveys and Measurements
8.1 Where we undertake a site survey, it is based upon conditions visible and reasonably accessible at the time.
8.2 We are not responsible for concealed structures, utilities, cabling, pipework, structural defects, asbestos, unsuitable substrates or other conditions which could not reasonably have been identified during the survey.
8.3 Additional work required because of unforeseen site conditions may be charged separately.
8.4 Where dimensions are supplied by the Customer or a third party, the Customer is responsible for their accuracy unless we subsequently verify them.
9. Planning Permission and Consents
9.1 Unless expressly included within our quotation, obtaining planning permission, advertisement consent, listed-building consent, landlord consent, building-owner consent or any other required approval is the Customer's responsibility.
9.2 The Customer is responsible for confirming that the signage may lawfully be installed.
9.3 Where we assist with an application, we cannot guarantee approval by the relevant authority.
9.4 Fees and costs associated with applications and professional services may remain payable regardless of whether permission is ultimately granted.
10. Manufacture
10.1 Signage is frequently bespoke and manufactured specifically for the Customer.
10.2 Reasonable variations resulting from manufacturing processes shall not constitute defects.
10.3 We may substitute a component or material with an equivalent or superior alternative where reasonably necessary, provided this does not materially alter the agreed appearance or performance.
11. Installation
11.1 Installation dates are estimated target dates unless expressly confirmed by us in writing as guaranteed contractual completion dates.
11.2 Time shall not be of the essence unless expressly agreed by us in writing.
11.3 The Customer must provide safe and reasonable access to the installation location.
11.4 The Customer shall ensure that the installation area is clear and that other trades do not prevent or unreasonably interfere with our work.
11.5 Where installation cannot proceed because of access, site readiness, other contractors, unsafe conditions or circumstances outside our reasonable control, we may charge reasonable costs for aborted attendance, labour, access equipment, travel, accommodation, storage and rescheduling.
11.6 Installation methods will be selected based upon the information and site conditions reasonably available to us.
12. Existing Surfaces
12.1 Installation of vinyl, graphics, lettering and signage relies upon the condition and suitability of the existing substrate.
12.2 We cannot guarantee adhesion or performance on unsuitable, contaminated, degraded, recently painted, poorly prepared or otherwise defective surfaces.
12.3 Removal of existing vinyl, signs or fixings may reveal fading, staining, holes, adhesive residue, paint differences or damage.
12.4 Unless caused by our failure to exercise reasonable care and skill, we shall not be responsible for deterioration or damage to an existing surface arising because that surface was unsuitable or defective.
13. Electrical and Illuminated Signage
13.1 Electrical work included within our quotation will be specified within the quotation.
13.2 Unless expressly included, the Customer is responsible for providing a suitable electrical supply to the required location.
13.3 LED modules, transformers, power supplies and other electrical components may fail individually during the lifespan of a sign and may be replaceable components.
13.4 Differences in LED brightness or colour caused by normal ageing shall not necessarily constitute a defect.
14. Installation Dates, Openings and Events
14.1 The Customer must notify us in writing before placing the order where signage is required for a fixed opening, launch, event, promotion or other critical deadline.
14.2 Knowledge of an opening or event date does not by itself constitute our acceptance of that date as a guaranteed contractual completion date.
14.3 A deadline shall only be guaranteed where expressly confirmed by us in writing as such.
14.4 The Customer is responsible for maintaining reasonable contingency arrangements where its ability to open, trade or hold an event depends upon completion of signage.
15. Delays
15.1 We shall use reasonable endeavours to meet estimated timescales.
15.2 We shall not be responsible for reasonable delays resulting from circumstances including:
supplier delays;
material shortages;
manufacturing problems;
equipment failure;
staff illness or absence;
adverse weather;
transport disruption;
access restrictions;
site conditions;
delays by other trades;
Customer changes or late approvals;
planning or landlord approvals; or
circumstances beyond our reasonable control.
15.3 Where a significant delay occurs, we shall use reasonable endeavours to notify the Customer and arrange a revised completion date.
16. Variations and Additional Works
16.1 Changes requested after acceptance of the quotation may be treated as variations.
16.2 Variations may affect both price and completion timescale.
16.3 Where unforeseen work becomes necessary during installation, we will seek approval before undertaking material additional chargeable work where reasonably practicable.
16.4 Minor additional work reasonably necessary to safely complete the installation may be undertaken and charged at our normal rates.
17. Cancellation
17.1 Because many of our products are bespoke, orders cannot necessarily be cancelled without charge once work has commenced.
17.2 Where the Customer cancels an order, the Customer shall pay for work completed and costs reasonably committed up to the date of cancellation.
17.3 This may include design time, labour, materials, manufacturing, supplier cancellation charges and bespoke goods which cannot reasonably be reused.
17.4 Deposits may be applied against these amounts.
18. Storage
18.1 Where completed signage cannot be delivered or installed because of circumstances attributable to the Customer, we may store it for a reasonable period.
18.2 Reasonable storage charges may apply.
18.3 Risk associated with prolonged storage may pass to the Customer once we have notified the Customer that the Goods are ready for delivery or installation, to the extent permitted by law.
19. Ownership of Goods
19.1 Ownership of Goods supplied by us shall not pass to the Customer until we have received payment in full for those Goods.
19.2 Risk in installed Goods shall normally pass to the Customer upon completion of installation.
19.3 Nothing in this clause permits us to remove installed Goods where doing so would be unlawful or would cause disproportionate damage to property.
20. Inspection and Defects
20.1 The Customer should inspect completed Works as soon as reasonably practicable.
20.2 Any apparent defect should be reported promptly with photographs and sufficient information for us to investigate.
20.3 We must be given a reasonable opportunity to inspect and, where appropriate, repair or replace defective Goods or rectify defective workmanship before the Customer arranges third-party remedial work.
20.4 We shall not normally be responsible for third-party remedial costs incurred without giving us a reasonable opportunity to rectify the matter ourselves.
21. Warranty
21.1 We warrant that our Goods and services will be supplied with reasonable care and skill and that manufactured Goods will be of satisfactory quality as required by applicable law.
21.2 Any specific product warranty will be stated within the quotation or accompanying documentation.
21.3 Warranties do not cover damage or failure caused by:
misuse;
vandalism;
accidental damage;
extreme weather;
structural movement;
water ingress originating from the building;
unsuitable electrical supply;
work performed by third parties;
unauthorised alteration;
failure of an existing substrate or structure;
lack of maintenance; or
fair wear and tear.
21.4 Manufacturer warranties may apply to individual components and may be subject to the manufacturer's own terms.
22. Maintenance
22.1 Signage requires reasonable maintenance and cleaning.
22.2 The Customer is responsible for routine maintenance unless a maintenance agreement has been purchased.
22.3 Failure to appropriately maintain signage may reduce its lifespan and may invalidate applicable warranties.
23. Photography and Portfolio Use
23.1 Unless the Customer asks us otherwise in writing, we may photograph completed Works and use those photographs for our portfolio, website, social media, awards submissions and marketing.
23.2 We will not knowingly disclose confidential Customer information through such use.
24. Customer's Duty to Mitigate Loss
24.1 If a delay, defect or other problem occurs, the Customer must take reasonable steps to avoid or minimise resulting loss.
24.2 Subject to applicable law, we shall not be liable for loss which the Customer could reasonably have avoided or reduced.
24.3 This includes loss arising from a decision to close premises, suspend trading, postpone opening or cancel an event where it would reasonably have been possible to continue operating.
25. Excluded Losses
25.1 Subject to clause 27, we shall not be liable, whether in contract, delict (including negligence), breach of statutory duty, misrepresentation or otherwise, for:
loss of profit;
loss of revenue;
loss of turnover;
loss of anticipated savings;
loss of business;
loss of opportunity;
loss of contracts;
loss of goodwill or reputation;
business interruption;
loss arising from closure or delayed opening of premises;
loss arising from cancellation or postponement of an event, launch or promotion; or
indirect or consequential loss,
arising from or connected with the Contract, Goods or Works.
26. Limitation of Liability
26.1 Subject to clause 27, our total aggregate liability arising from or in connection with an individual Contract shall not exceed 100% of the total price paid or payable under that Contract.
26.2 The limitation applies to all claims arising from the same Contract or related series of events.
26.3 Where reasonably appropriate, our first opportunity to remedy defective or incomplete work shall be to repair, replace, complete or re-perform the affected Goods or services.
27. Liability Which Cannot Be Excluded
27.1 Nothing in these Terms excludes or restricts liability where doing so would be unlawful.
27.2 In particular, nothing excludes liability for death or personal injury caused by negligence where such liability cannot lawfully be excluded, fraud or fraudulent misrepresentation.
28. Force Majeure
28.1 Neither party shall be liable for failure or delay caused by circumstances beyond its reasonable control.
28.2 Such circumstances may include fire, flood, severe weather, accident, epidemic, industrial action, war, civil disturbance, governmental restrictions, transport disruption, utility failure, material shortages or significant supplier failure.
28.3 Performance shall resume as soon as reasonably practicable following the event.
29. Subcontractors
29.1 We may use suitably qualified subcontractors to perform elements of design, manufacture, electrical work, access, transport or installation.
29.2 Use of subcontractors shall not by itself affect our contractual obligations to the Customer.
30. Health and Safety
30.1 We reserve the right to stop or postpone work where we reasonably consider conditions unsafe.
30.2 We shall not be required to undertake work which would expose our employees, subcontractors or others to unreasonable health and safety risks.
30.3 Costs resulting from unsafe Customer-controlled site conditions may be charged to the Customer.
31. Disputes
31.1 The parties shall initially attempt in good faith to resolve any dispute through direct discussion.
31.2 The Customer shall provide reasonable details of any complaint and allow us a reasonable opportunity to investigate and propose a remedy.
31.3 Nothing in this clause prevents either party from seeking urgent legal remedies where necessary.
32. Severability
32.1 If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be treated as modified or removed to the minimum extent necessary.
32.2 The remaining provisions shall continue in effect.
33. Entire Agreement
33.1 The quotation, agreed specification and these Terms constitute the Contract between the parties, together with any subsequent variation expressly agreed in writing.
33.2 The Customer acknowledges that it has not relied upon statements or representations not incorporated into the Contract, except where liability for such statements cannot lawfully be excluded.
34. Governing Law and Jurisdiction
34.1 These Terms and any Contract between the Company and Customer shall be governed by Scots law.
34.2 The Scottish courts shall have exclusive jurisdiction over disputes arising from or relating to the Contract, unless otherwise expressly agreed in writing.
ACCEPTANCE
By accepting our quotation, issuing a purchase order, paying a deposit or instructing us to proceed, you confirm that you have read and accepted these Terms & Conditions.
Important: Manufacturing and installation dates are estimates unless we expressly confirm a guaranteed completion date in writing. Our Terms include provisions limiting our liability for loss of profit, business interruption, delayed openings and cancelled events.
