In these terms and conditions, the following terms shall have the following meanings:
"TRAFFIC JAM STUDIO", "we", "us", "our" etc. Traffic Jam Studio LTD.
A company registered in England and Wales under no. 10575554
The Retreat, 406 Roding Lane South, Woodford Green, Essex IG8 8EY
Unit 5 Tilia Road, London E5 8JB
Telephone: 020 8985 7469
"Buyer", "you", "your" etc. A purchaser or potential purchaser of goods and/or services from TRAFFIC JAM STUDIO
TRAFFIC JAM STUDIO supplies professional product photography equipment and services to the photography industry and is primarily a business-to-business supplier.
The following terms and conditions apply to all sales.
1 General Terms and Conditions
1.1 These terms and conditions ("Terms and Conditions") apply to all offers, quotations and sales of goods and/or services by TRAFFIC JAM STUDIO to any Buyer.
1.2 Any agreement between TRAFFIC JAM STUDIO and Buyer shall be binding only if and to the extent that an individual order is expressly accepted by TRAFFIC JAM STUDIO in writing. TRAFFIC JAM STUDIO has the right to accept or reject any order.
No quotation given by TRAFFIC JAM STUDIO either verbally or in writing shall constitute a firm offer.
3.1 Goods are supplied in accordance with the relevant manufacturer’s standard specifications. TRAFFIC JAM STUDIO reserves the right for it and/or manufacturers to make such improvements and modifications in such specifications without prior notice as it and/or they consider(s) desirable in the circumstances and without any further liability to Buyer, without obligation to modify or change any goods previously delivered or to supply new goods in accordance with earlier specifications.
3.2 If Buyer wishes to change the specification of any goods to be supplied by TRAFFIC JAM STUDIO then TRAFFIC JAM STUDIO shall not be obliged to agree to such change, but may chose to agree to the changes subject to applicable fees being paid by the Buyer to TRAFFIC JAM STUDIO.
3.3 All technical information and particulars of goods and performance given by TRAFFIC JAM STUDIO are given as accurately as possible, though cannot be considered as binding or be treated as forming part of any contract with Buyer unless specifically confirmed or agreed by TRAFFIC JAM STUDIO in writing.
The specification for packaging the goods shall be entirely at the discretion of TRAFFIC JAM STUDIO who shall have the right to pack all goods in such manner, with such materials, and in such quantities as TRAFFIC JAM STUDIO thinks fit. The cost of special packaging, if agreed or deemed necessary by TRAFFIC JAM STUDIO, shall be an additional charge.
5.1 Buyer shall bear the cost of any applicable sales, value added, excise, or similar tax in relation to the goods unless Buyer provides TRAFFIC JAM STUDIO with a tax exemption certificate or licence acceptable to the taxing authorities before shipment. Prices are exclusive of VAT and other taxes.
6.1 All orders are subject to the cost of packing and carriage to Buyer’s nominated address in mainland United Kingdom by TRAFFIC JAM STUDIO’s standard method of transportation. Any requests from Buyer for delivery outside mainland United Kingdom or other than by TRAFFIC JAM STUDIO’s normal method of transportation are subject to TRAFFIC JAM STUDIO’s prior agreement and shall entitle TRAFFIC JAM STUDIO to adjust the price and delivery terms accordingly.
6.2 Whilst TRAFFIC JAM STUDIO will use reasonable endeavours to keep to any agreed delivery date, it accepts no liability whatsoever for any loss or damage resulting from delay however caused nor shall late delivery or non-delivery be a basis for cancellation of any order by Buyer. TRAFFIC JAM STUDIO may make part deliveries.
6.3 The Goods shall be at your risk from the time of delivery. You (and/or any person taking possession of the Goods on your behalf) shall be responsible to inspect the conditions and quantity of the Goods, upon collection/delivery. Goods shall be signed for on receipt. The acceptance of the Goods at the delivery point shall be deemed to be a confirmation of the condition of the Goods and of your acceptance of the Goods at such condition. Any alleged discrepancy in delivery must be notified to TRAFFIC JAM STUDIO in writing within 24 hours of receipt of the goods. If Buyer fails to bring any such discrepancy to the attention of TRAFFIC JAM STUDIO in writing within such period, Buyer’s rights in respect thereof shall be deemed to have been waived.
7.1 Payment in full, including any taxes owed, is due prior to the dispatch of goods.
7.2 Value Added Tax is charged on UK and EU sales at the prevailing rate on the value of the invoice.
8.1 The risk of loss or damage to the goods shall pass to Buyer upon delivery of the goods at Buyer’s authorised trading premises or designated delivery address specified in the order by Buyer or to a carrier on Buyer’s behalf (whichever is sooner) whereupon Buyer shall be responsible for obtaining and paying for appropriate insurance. Buyer accepts that in signing for/accepting delivery of goods from TRAFFIC JAM STUDIO that they have checked that all items ordered are present and correct. TRAFFIC JAM STUDIO shall have no liability for presence and/or condition of goods once Buyer (or Buyer’s representative) has received/signed for delivery.
9 Property in Goods
9.1 TRAFFIC JAM STUDIO shall retain title to the goods until it has received payment in full of all sums due and/or owing in connection with the supply of all goods and services to Buyer at any time. For these purposes TRAFFIC JAM STUDIO has only received payment when irrevocably credited to its bank account.
Any Complaints against TRAFFIC JAM STUDIO must be made within one month of the date upon which Buyer became aware or ought to have become aware of the circumstances giving rise to the complaint. All complaints not so filed are waived.
11 Warranty and Limitations of Liability
11.1 CONDITIONS APPLICABLE TO ALL GOODS AND SERVICES
Additional Conditions are applicable to the sale by TRAFFIC JAM STUDIO of ex-demo, reconditioned and/or used stock.
11.1 TRAFFIC JAM STUDIO warrants that goods sold hereunder shall be free of defects in materials and workmanship and will conform to any agreed specification(s) at the time of delivery and for such period thereafter, if any, as notified by TRAFFIC JAM STUDIO to Buyer in writing. If Buyer alleges that the goods were defective at the time of delivery to Buyer, Buyer shall forthwith notify TRAFFIC JAM STUDIO in writing of the alleged defects and shall, at TRAFFIC JAM STUDIO’s option, return the goods and packing at its own expense to TRAFFIC JAM STUDIO or, or where so directed, hold the goods and packing for inspection by TRAFFIC JAM STUDIO. If the goods are proved to have been defective at the time of delivery TRAFFIC JAM STUDIO undertakes to arrange for the repair or replacement of such defective goods free of charge.
11.2 TRAFFIC JAM STUDIO's total liability arising under or in connection with these Terms and Conditions, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the total value (excluding VAT and delivery) of the goods or services being purchased by Buyer.
11.3 CONDITIONS APPLICABLE TO EX-DEMO, RECONDITIONED AND USED STOCK
TRAFFIC JAM STUDIO warrants that goods sold hereunder shall be free of defects in materials and workmanship and will conform to any agreed specification(s) at the time of delivery and for 90 days thereafter.
12 Confidential Information
12.1 Buyer shall not, without TRAFFIC JAM STUDIO’s written consent, disclose to any third party any secret or confidential information supplied by TRAFFIC JAM STUDIO to Buyer. For the purposes of this Condition, any quotation, render, offer or similar document and all contents thereof and all items referred to therein shall be deemed to be confidential.
13 Cancellation of Orders
13.1 No cancellation of any order by Buyer shall be accepted by TRAFFIC JAM STUDIO unless agreed by TRAFFIC JAM STUDIO in writing, with the following conditions:
13.1.1 Goods supplied in accordance with Buyer’s order cannot be accepted for return without the advanced written consent of TRAFFIC JAM STUDIO. This must be obtained by contacting us by telephone or e-mail and is subject to the following conditions:
13.1.2 If you believe your goods to be faulty and you wish to return them complete, undamaged and with their original packaging for a full refund this must be done within 14 days of the receipt of goods. Buyer is responsible for returning the goods to TRAFFIC JAM STUDIO. A refund will not be given until the goods are confirmed to be faulty by a TRAFFIC JAM STUDIO technician. Additionally, TRAFFIC JAM STUDIO will confirm that the goods are complete and in their original and undamaged packaging. In all cases, TRAFFIC JAM STUDIO will do their utmost to complete the checks within 3 working days of receipt of the goods at TRAFFIC JAM STUDIO premises.
13.1.3 You believe your goods to be faulty and wish to return them for repair/replacement under the manufacturer’s warranty. Buyer is responsible for returning the goods to TRAFFIC JAM STUDIO. Once the goods have been received, a TRAFFIC JAM STUDIO technician will confirm the fault and where the goods are confirmed to be faulty, a repaired or replacement product (in accordance with the manufacturer’s warranty conditions) will be sent to the customer by courier service. We reserve the right to charge for the shipping charges incurred during the return of the goods to the customer. If the goods are not found to be faulty, all return delivery charges will be the responsibility of the customer.
13.2 If consent is given to take back goods that are not faulty, a re-stocking charge of 30% will be made. Returned goods must be unused, undamaged and complete with all original and undamaged packaging and then packed in an additional outer box or covering to ensure that the product and its original packaging are returned without damage. Returned goods must be of current design and must be sent carriage paid and at Buyer’s risk. TRAFFIC JAM STUDIO are unable to authorise the return of special order and non-stock items.