CONDITIONS OF SUPPLY

STANDARD TERMS

1.         Interpretation

a.         In these conditions:

‘Beautiful Wonder’ is the Trading name of Jez Clarke Creative Projects Ltd of registered address New Waters Farm, Bury Road, Wortham, Diss, Suffolk, IP22 1QH, United Kingdom. Company No. 16753603.

‘BEAUTIFUL WONDER’S CHARGES’ means the charges shown in the estimate and any additional charges.

‘CLIENT’ means the person or company named on the estimate for whom Beautiful Wonder has agreed to provide the specified service in accordance with these conditions.

‘CONTRACT’ means the contract for the provision of the specialised service, which includes the estimate and these conditions of supply.

‘DOCUMENT’ includes, in addition to a document in writing. Any map, plan, graph, drawing or photograph, any film, negative, tape or other device embodying visual images and any disc, tape or other device embodying any other data.

‘ESTIMATE’ means the sheet or sheets to which these Conditions are appended.

‘INPUT MATERIAL’ means any Documents or other materials, and any data or other information provided by the Client relating to the specified service.

‘SPECIFIED SERVICE’ means the service to be provided by Beautiful Wonder for the Client including the construction, manufacture or provision of any item or service referred to in the estimate.

‘DELIVERY DAY’ means the first day of delivery of all or any part thereof of the specified service.

b. The headings in these conditions are for convenience only and shall not affect their interpretation.

2.         Supply of the Specified Service

a. Beautiful Wonder shall provide the Specified Service to the Client subject to these Conditions. Any changes or additions to the Specified Service or these Conditions must be agreed in writing by Beautiful Wonder and the Client. For the avoidance of doubt, all agreed terms, conditions, warranties and outcomes shall be performed as per the terms of this agreement and as detailed in the Scope of Works within the quotation documentation supplied by Beautiful Wonder, and all associated email correspondence. If subsequent requests are made irrespective of whether they are accepted in correspondence or otherwise, these will only be undertaken upon a ‘best endeavours’ basis and no failure to perform any such subsequent events shall constitute breach of contract in any way whatsoever and for the avoidance of doubt if there are any agreed variations to the contract or the specifications of the aforementioned Scope of Works, these must be expressly agreed in writing and signed by the Director of Beautiful Wonder as “Project Scope of Work AMENDMENTS”. Representations by any other party claiming to have authority shall be considered null and void.

b. The Client shall at it’s own expense supply Beautiful Wonder with all necessary Documents or other materials, and all necessary or other information relating to the specified service, within sufficient time or within a time agreed in writing to enable Beautiful Wonder to provide the Specified Service in accordance with the Contract. The Client shall ensure the accuracy of all input material. “Sufficient time” and “accuracy of material” to be determined by Beautiful Wonder and their decision to be final and conclusive.

c. The Client shall at it’s own expense retain duplicate copies of all input material. Beautiful Wonder shall have no liability for any such loss or damage, however caused. All output material shall be at the sole risk of the Client from the time of delivery to or to the order of the Client.

d. The Specified Service shall be provided in accordance with the Estimate and otherwise in accordance with the Input Material, subject to these conditions.

e. Further details about the Specified service, and advice or recommendations about it’s provision or utilisation may be made available on written request.

f. Beautiful Wonder may at any time without notifying the Client make any changes to the Specified Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Specified Service.

g. Beautiful Wonder shall not be obliged to deliver the output material within any previously agreed timescale where inadequate Input Material is supplied or where the Specified Service is varied by the Client (the determination by Beautiful Wonder of “inadequate Input Material” to be final and conclusive).

h. If at any time during the performance of the Specified Service Beautiful Wonder shall provide working drawings or photographs of the work in hand or permit the Client or its agent to inspect the work in hand then the Client shall be obliged to immediately inform Beautiful Wonder in writing if the work is not in accordance with the contract.

i. Beautiful Wonder shall be under no obligation to supply the services of the Supervisor or any other specific individual at any stage of the Contract.

j. Beautiful Wonder will not be liable for failure to complete any action or installation process in a designated time frame, should the failure of any hired or subcontracted plant machinery prevent them from doing so, due to factors outside of the control of Beautiful Wonder.

k. Beautiful Wonder will not be liable to the Client or its agent for any loss of PR or Media ‘coverage’ or ‘exposure’ as a result of delays in delivering the Specialised Service due to factors outside of the control of Beautiful Wonder, or if completing the Services under ‘best endeavours’. 

l.Beautiful Wonder can and will subcontract services to external suppliers within its network of existing production supply chain (production materials and facilities). All supply of goods and services by Beautiful Wonder’s subcontractors shall fall under the overall project management and associated liabilities of Beautiful Wonder. 

Upon written notification from Beautiful Wonder to the Client, that in order to supply the Specified Service within the parameters and circumstances of the project, Beautiful Wonder is required to use the services (material supply or production services) of any external business with whom it has little/no prior experience or working relationship, and as such represents higher commercial risk relating to Beautiful Wonder’s standard practice of due diligence, new supplier vetting and project management, (and thus its associated reputation for timely supply of the Specified Service), the Client acknowledges and accepts that in the event of failure to supply by the Subcontractor (to the agreed quality or deliverable date), claims against Beautiful Wonder for the associated liabilities of the supply of the Specified Service as a “whole” will not be applicable and/or accepted, and will be considered as events outside the acceptable control of Beautiful Wonder.

3.         Charges

a. Subject to any special terms agreed the Client shall pay Beautiful Wonder’s Charges and any additional sums which are agreed between Beautiful Wonder and the Client for the provision of the Specified Service or which, in Beautiful Wonder’s sole discretion, are required as a result of the Clients instructions or lack of instructions, the inaccuracy or inadequacy of any Input Material or any other cause attributable to the Client.

b. 50% (or a different percentage if agreed in writing), of Beautiful Wonder’s Charges (including VAT where applicable) shall be paid by the Client in £ Sterling upon the signature by the Client of the Contract or supply of a purchase order, and the balance of Beautiful Wonder’s Charges and any additional sums payable shall be paid by the Client in £ Sterling (together with any applicable VAT, and without any set-off or other deduction) within 30 calendar days from delivery. Any subsequent and additional charges will be paid by the Client within 7 calendar days of the date of Beautiful Wonder’s invoice for additional charges.

c. The Client shall be liable at the applicable rate for Value Added Tax on Beautiful Wonder’s Charges.

d. If payment is not made on the due date, Beautiful Wonder shall be entitled, without limiting any other rights it may have to charge interest on the outstanding amount (both before and after any judgement) at the rate of 5% above the base rate from time to time of The Royal Bank of Scotland plc from the due date until the outstanding amount is paid in full and to recover from the Client all legal costs incurred by Beautiful Wonder in recovering the payment on an indemnity basis.

e. The Client shall reimburse Beautiful Wonder for all air fares, hotel bills and other related expenditure incurred by Beautiful Wonder in the delivery of the Specified Service and for all overtime or attendance fees at studios, locations and venues etc in the event that a shoot or event overruns because of factors outside the control of Beautiful Wonder.

f. The property in all Output Material shall remain vested in Beautiful Wonder until Beautiful Wonder has been paid in full and all sums due to it.

g. Beautiful Wonder reserves the right to destroy and recycle any work if payment is not made on time. Generally item(s) will be stored at the customer’s expense for up to 30 days and then subsequently recycled. Outstanding invoice(s) will remain due.

h. Beautiful Wonder reserves the right to suspend customer work where accounts are outstanding in excess of 30 days from invoice date.
i. All goods remain the property of Beautiful Wonder until paid in full.