Terms and Conditions
The following terms and conditions will be included in any contract for goods supplied and work done by Eltham Lewis Associates Ltd for or on behalf of the customer. Any variation of these conditions in any document of the customer is inapplicable unless accepted in writing by Eltham Lewis Associates Ltd.
Eltham Lewis Associates Ltd will for the contract price carry out the micro-imaging work (including all preparatory and associated work) and provide any materials specifically required by the customer in connection with the work. Eltham Lewis Associates Ltd will arrange for collection from the customerâ€™s premises of any documents and deliver the micro-images in the required format (hereinafter known as â€œthe completed goodsâ€) to the customerâ€™s premises after completion of the work. If required by the customer and at an additional cost Eltham Lewis Associates Ltd will arrange for the destruction of the original documents.
Eltham Lewis Associates Ltd reserves the right to subcontract the fulfillment of any contract or any part thereof.
In addition to any right of lien to which Eltham Lewis Associates Ltd may by law be entitled Eltham Lewis Associates Ltd shall (in the event of non-payment by the customer of previously submitted invoices to the customer) be entitled to a general lien on all documents and/or completed goods of the customer in Eltham Lewis Associates Ltdâ€™s possession for the unpaid price in respect of other completed work and/or completed goods delivered to the customer by Eltham Lewis Associates Ltd under the same or any other contract.
Any time of date proposed by Eltham Lewis Associates Ltd for delivery of the completed goods and/or original documents is given and intended as an estimate only and Eltham Lewis Associates Ltd shall not be liable for any loss of damage whether arising directly or indirectly out of delay in delivery.
If for any reason the customer is unable to accept delivery of the completed goods at the time when the completed goods are due and ready for delivery Eltham Lewis Associates Ltd shall if its storage facilities permit, store the completed goods (and any original documents in its possession) safeguard them and take all reasonable steps to prevent their deterioration until their actual delivery, and the customer shall be liable to Eltham Lewis Associates Ltd for the reasonable cost of its so doing.
The customer will be deemed to have examined and accepted the quality of the completed goods at the time of delivery unless a complaint in writing is made by the customer to Eltham Lewis Associates Ltd within three days of delivery.
In the event that any documents belonging to the customer are destroyed, lost or damaged while in the possession of Eltham Lewis Associates Ltd for the purpose of the work being undertaken or in possession of Eltham Lewis Associates Ltd during transit from or to the premises of the customer, by reason of any of, but not limited to, fire, theft, flood, war, strike, riot, affray or other form of force majeure, then Eltham Lewis Associates Ltd will not be liable whatsoever for any such destruction, loss or damage thereby occasioned nor bear any responsibility in respect of any claims by the customer or any third party arising out of the same.
The customer will indemnify Eltham Lewis Associates Ltd to the full extent of satisfying any claims (including costs and/or other expenses to which Eltham Lewis Associates Ltd may become liable) brought by a third party against Eltham Lewis Associates Ltd as a result of any incident referred to in clause 8 above, or as a result of any claim for infringement of any copyright brought against it by virtue of microfilming or the doing of any other work to produce the completed goods.
Insurance will be the responsibility of the Customer unless express written instructions have been given to Eltham Lewis Associates Ltd to insure the Goods at the Customerâ€™s expense, in which circumstances Eltham Lewis Associates Ltd will use its best endeavours to insure the Goods in the sum specified by the Customer except as herein provided. It is the Customerâ€™s responsibility to provide a full and proper valuation in respect of the Goods.
Eltham Lewis Associates Ltd will not be liable for any claims in respect of under insurance in the event of total or partial loss. In all circumstances, except where written instructions have been given to Eltham Lewis Associates Ltd as specified above, the Customer warrants that adequate insurance exists for the duration the contents are deposited with Eltham Lewis Associates Ltd and when in transit between the Customer and Eltham Lewis Associates Ltdâ€™s premises. Should the insurers dispute their liability for any reason the Customer shall have recourse against the insurers only and Eltham Lewis Associates Ltd shall not be under any responsibility or liability in relation thereto.
These conditions and the context shall be subject to and constructed in accordance with the Laws of England and Wales.