Terms and Conditions
The placing of an order forms a contract between Nik & Trick Services Photographiques and the Customer and the following terms and conditions apply. All orders shall be in writing. If an order is accepted orally by a regular customer, and this is entirely at our discretion, then these terms and conditions shall still apply and Nik & Trick Services Photographiques accept no liability for any error that may occur in the carrying out of that order. Should an order be cancelled then Nik & Trick Services Photographiques reserves the right to charge a percentage of the total invoice value for work already carried out.
The Customer shall indemnify Nik & Trick Services Photographiques against any action by a third party relating to damages, loss or any other claim whatsoever, arising out of the order when Nik & Trick Services Photographiques has followed the instructions of the Customer.
The sizes of prints are approximate and may occasionally be very slightly under or over sizes quoted. Every effort will be made to achieve as close a match as possible however, the Customer must accept that colour matching will be deemed correct at our discretion. If, however, accurate colour matching is absolutely essential then the Customer must supply colour guides with the order, although it is still impossible to guarantee an exact match due to limitations of the processes.
It is a criminal offence under the Copyright Designs and Patents Act 1988 to knowingly infringe copyright and it is the customer’s responsibility to ensure that all material supplied to the Company for processing, copying or reproduction is free from any third party claim of infringement.
Orders are only accepted on the clear understanding that:
1. The customer owns the copyright or that the work is out of copyright.
2. The customer has the copyright owner’s written consent. In this case the written consent must accompany the order and work supplied.
3. The customer indemnifies the Company against all costs, claims, damages and losses of whatsoever nature arising from any action or claim brought by a third party in respect of alleged infringement of copyright.
It is impossible for Nik & Trick Services Photographiques to assess the value of originals and unprocessed film supplied by the customer and the charges made for our services do not reflect or incorporate unlimited liability. Whilst every reasonable care will be taken with customer’s property (including originals) and film accepted for processing, Nik & Trick Services Photographiques liability for any loss or damage, whether caused by negligence or otherwise, is limited in the case of any one transaction to the replacement value of any such materials supplied by the customer, such material being accepted only on the clear understanding that their replacement value does not exceed the current retail price of equivalent new materials. Furthermore, the Company shall not be liable in any circumstances for consequential loss, special damages or other indirect loss, however caused.
When original materials supplied to us are deemed by the customer to be of extremely high value, this fact must be declared to Nik & Trick Services Photographiques in writing prior to any work being undertaken. We recommend in all such cases that extra insurance be taken out by the customer to cover the value involved. Any claim against Nik & Trick Services Photographiques for any consequential loss or damage arising from the above shall be limited to a value not exceeding £50.00. The Company cannot accept liability in excess of that stated and any further loss will be deemed to be the responsibility of the customer and to result from his or her failure to effect adequate insurance cover. We strongly recommend the use of Special Delivery for items of high value.