1 APPLICATION OF THESE TERMS
1.1 These Terms of Business govern the supply of all services by Drumscan.london. All other terms and conditions (including without limitation any terms and conditions of the Client) are excluded. 1.2 Any valid amendment or variation to these Terms of Business must be in writing and signed by a director of Drumscan.london.

2 ORDERING FROM DRUMSCAN.LONDON
2.1 The Client may order services online, by phone or email.
2.2 All orders for services shall be binding on the Client whether or not they are confirmed by Drumscan.london.
2.3 Drumscan.london shall not be responsible for any errors made by the client.
2.4 Drumscan.london shall be entitled to assume that any person placing and/or signing an order on behalf of the Client is authorised to do so.
2.5 Drumscan.london reserves the right in its absolute discretion to refuse to accept any order.
2.6 Once an order has been accepted by Drumscan.london, Drumscan.london shall supply the services ordered in accordance with these Terms of Business.
2.7 Drumscan.london reserves the right to produce work via the optimum method available to fulfil the order.
2.8 In the case of machine malfunction Drumscan.london will return the clients film and will not be held responsible for any delay.

3 CHARGES
3.1 All prices shall be as quoted by Drumscan.london or calculated by reference to Drumscan.london current price lists as applicable. All prices exclude delivery and VAT except where indicated.
3.2 Prices specified on Drumscan.london price lists from time to time may be subject to change without warning where necessary due to any variations in Drumscan.london costs, such as third party supplier costs and/or labour costs.

4 PAYMENT
4.1 All sums payable to Drumscan.london shall be payable in pounds sterling, in full, without deduction, withholding or set-off. All prices and delivery charges are quoted exclusive of VAT unless otherwise indicated.
4.2 The Client shall be responsible for all customs and other duties and all related costs and expenses payable on any international transaction.

5 INTELLECTUAL PROPERTY RIGHTS
5.1 The Client warrants that no copyright or other intellectual property right (including without limitation moral rights) of any third party, now existent or hereafter created, will be infringed by virtue of: 5.1.2 any services to be carried out by Drumscan.london at the request of the Client; or 5.1.3 the loading, storage and management of the Client’s images and other data by Drumscan.london.
5.2 Where the Client provides film, negatives, or other materials to Drumscan.london and requires Drumscan.london to carry out other services in relation to the same, the Client warrants that the Client owns or controls all copyright and other intellectual property rights in such materials, or has obtained all necessary permissions, consents and waivers as are or will be required for the copying and manipulation and other work to be undertaken by Drumscan.london in relation to them. The Client hereby irrevocably licenses Drumscan.london to do all such copying and manipulation and other work as is necessary in performing, or ancillary to, the services requested by the Client.
5.3 The Client agrees to indemnify Drumscan.london against all losses, damages, claims or expenses (including legal costs on an indemnity basis) which Drumscan.london may incur by virtue of any breach of the warranties in clauses 5.1 or 5.4 or in the event of any claim (whether or not proceedings are issued) by any party against Drumscan.london or its employees, agents or contractors, that any third party copyright or other intellectual property right (including without limitation moral rights) has been infringed by virtue of anything done by, on behalf of or at the request of the Client.
5.5 The Client warrants that no materials deposited with Drumscan.london shall contain any material which is defamatory, blasphemous or obscene, or which is otherwise contrary to any applicable laws, regulations or codes of practice.

6 STORAGE AND DELIVERY OF DATA AND OTHER CLIENT MATERIALS – CLIENT’S RESPONSIBILITY TO INSURE

6.1 All film, negatives, digital data and other materials (including but not limited to any data or materials created by or on behalf of Drumscan.london at the request of the Client) held by Drumscan.london (whether online or otherwise) and all other materials belonging to the Client or any third party and provided to Drumscan.london by the Client (for storage or otherwise) shall remain at the Client’s risk at all times and the Client shall be responsible for insuring the same at its own expense. Drumscan.london shall not be responsible for the future integrity of digital data, nor for any failure to retrieve data from Drumscan.london’s storage archive.
6.2 Drumscan.london reserves the right to dispose of digital data files after printing, unless agreed otherwise with the Client in writing. Accordingly, the Client shall be solely responsible for ensuring that it holds adequate back-up copies of all digital data.
6.3 If any items deposited with Drumscan.london by the Client or produced by Drumscan.london for the Client are not collected by the Client within 1 month of completion of Drumscan.london’s work in connection with the same, then Drumscan.london may dispose of or destroy such items.
6.4 If any unprocessed film belonging to the Client has not been collected by the Client within 3 months of the commencement of the work undertaken by Drumscan.london, then Drumscan.london may dispose of or destroy such film.
6.5 Negatives held at Drumscan.london pending a print order will be returned on production of the prints. If no print order is produced negatives will be held for up to 6 months. Any negatives not collected after 6 months will be disposed of by Drumscan.london.

7 Courier Service / Delivery

7.1 The Client must sign for delivered work, or Drumscan.london will not be held responsible for any losses arising from the delivery.
7.2 Whilst Drumscan.london will make every effort to collect the Client’s materials and deliver work as quickly as possible, it will not be liable for any losses arising from delays in delivery or collection.
7.3 Where work is delivered digitally either by e-mail or by making it available online, Drumscan.london will not be held responsible for any loss or corruption of or delay to the work caused by such digital delivery.

8 DELIVERY OF GOODS  

8.1 The Client may collect goods from Drumscan.london or have them delivered by Drumscan.london for an additional delivery charge.
8.2 Where Drumscan.london has agreed to deliver goods to the Client, goods shall be delivered to the delivery address specified by the Client. If Drumscan.london’s representative(s) is/are unable to gain access to the delivery address and/or if delivery is delayed due to any act or omission of the Client, the Client shall be responsible for any additional delivery costs incurred by Drumscan.london as a result of rearranging delivery and shall pay hire charges as if the delivery had not been so delayed.
8.3 Immediately upon receipt or collection of any goods, the Client shall inspect and satisfy itself as to its condition. If the Client fails to notify Drumscan.london, promptly after receipt or collection, of any defect in or problem with the equipment and/or if the Client starts to use the goods, the Client shall be deemed to have confirmed that the goods are in a satisfactory condition upon delivery or collection.
8.4 It is the Clients sole responsibility to provide independent insurance cover for possible loss or damages incurred in delivery 8.5 Service times which are quoted are target times only. Drumscan.london reserves the right to vary service times and accepts no liability for failure to comply with quoted service times resulting in any loss, direct or indirect.

9. REPRODUCTION AND PRINT SPECIFICATION

9.1 Colour, density, tone and contrast of images: Drumscan.london maintains all equipment at optimum scanning specification and grey balance. Please note that some colours may not accurately reproduce. Drumscan.london cannot be held responsible for discrepancies for differences between images viewed on screen and prints produced from digital files.

10 LIMITATION OF LIABILITY
10.1 Drumscan.london’s liability in respect of lost or damaged negatives or film shall be limited to the replacement cost of the film and Drumscan.london shall not be liable for the cost of retaking or re-shooting the material contained on such film. It shall be for the Client to insure against such loss or damage.
10.2 Subject to the provisions of this clause 11.1, Drumscan.london’s maximum aggregate liability under or in connection with any order shall not exceed the total sums payable by the Client to Drumscan.london in connection with the relevant order.
10.3 Subject to clause 10.1, Drumscan.london shall not be liable for any loss of income or profits, loss of contracts or for any indirect or consequential loss or damage of any kind howsoever arising.
10.4 Nothing in these Terms of Business shall exclude or in any way limit Drumscan.london’s liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent that the same may not be excluded or limited as a matter of law.
10.5 Nothing in this Agreement will affect any consumer’s statutory rights.

11 FORCE MAJEURE
11.1 Drumscan.london shall not be liable for any delay in performing or failure to perform its obligations hereunder to the extent that such delay or failure results from any cause or circumstance beyond its reasonable control, including without limitation any inability of Drumscan.london to secure labour, materials, supplies or transport, scarcity of fuel, power or components, breakdown of machinery, fire, storm, flood, acts of God, internet failure, war, civil disturbance, strikes, lockouts or industrial action (each an “event of force majeure”). If any event of force majeure occurs, the date(s) for performance of Drumscan.london’s affected obligation(s) shall be postponed for as long as is made necessary by the event of force majeure. If any event of force majeure continues for a period of or exceeding 60 days, the Client may cancel the affected order (or the affected part(s) of it) by written notice to Drumscan.london.

12 GENERAL
12.1 Drumscan.london reserves the right to change opening or operating times.
12.2 Time shall not be of the essence with respect to the performance of any of Drumscan.london’s obligations hereunder.
12.3 The Client may not assign, sub-license or sub-contract any of its rights or obligations under these Terms of Business without the prior written consent of Drumscan.london.
12.4 No person shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Business.
12.5 These Terms of Business constitute the entire agreement and understanding between the parties with respect to their subject matter and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing, with respect to the same. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in communications between the parties except as set out in these Terms of Business. Neither party shall have any remedy in respect of any untrue statement made to it upon which it has relied (unless such untrue statement was made fraudulently) and that party’s only remedies shall be for breach of contract as provided in these Terms of Business.