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Terms & Conditions
“Contract” means the verbal or written contract between You and W. W. Winter Limited for provision of photographic or other services from W. W. Winter Limited.
These Terms and Conditions explain your and our rights and responsibilities under the Contract.
“You/your” means the Client or Clients named in the Contract.
“We/Our” and “the Company” mean W. W. Winter Limited
1. The terms set out in this Contract constitute the total agreement made between the parties and no variation or modification of the Contract shall be effective unless in writing and signed by You and the Company’s Managing Director for the time being. Headings are for convenience only and shall not affect the construction of these terms.
2. You understand and accept that the photography carried out will be as determined by the professional expertise of the photographer and that no one photograph shall be deemed more important than another. The photographer shall be granted full and unfettered artistic licence in relation to content, arrangement and composition. The photographer’s judgement regarding poses, composition of images and the number of images taken shall be final.
Quality of Images
3. The Company will endeavour to provide photographs having a pleasing colour rendering and balance but cannot guarantee exact colour matching owing to, for example, anomalous reflectance caused by certain combinations of dyes and materials, especially man-made fibres. You should note that it is sometimes impossible to record photographically colours exactly as seen by the human eye.
Services of a Particular Photographer
4. In the event that the services of a particular photographer are requested by You, We reserve the right to supply without notice the services of a substitute photographer (for example, in the event of illness).
5. Without written agreement to the contrary by the Company’s Managing Director for the time being, all film negatives, film positives, digital media such as but not limited to computer files, CDs and DVDs employed in the fulfilment of this Contract shall remain the property of the Company. Copyright
6. Without written agreement to the contrary by the Company’s Managing Director for the time being, copyright in all images and copies of images produced by the Company in accordance with the Contract shall be vested in the Company.
7. In the unlikely event that the Company is unable to carry out the services named in the Contract, the Contract shall be cancelled and the Company will refund all fees You have paid to the Company as part of the Contract.
8. We will exercise the reasonable skill, care and judgement that You would expect of a professional photographer but We shall not be liable for events beyond our reasonable control nor for loss which is indirect or consequential. Under no circumstances shall our liability to to You whether for breach of contract, negligence, breach of statutory duty, or otherwise exceed the total amount that You have paid to Us under the Contract.
Display of Images
9. Where appropriate, images produced under this Contract might be suitable for display by Us on our premises, in Our literature, or in Our advertising, as examples of our work. We will always gain Your permission before we display any of the images.
10. Where We agree to supply goods or service upon credit, You agree to pay each invoice in full by no later than thirty days following the date of the invoice. If you delay any payment beyond the due date, we reserve the right to charge interest at the rate permitted by statute at the time being.
Construction and Jurisdiction
12. Each of these conditions and each paragraph hereof shall be construed as a separate condition: should any provision hereof be found to be invalid or unenforceable or an unreasonable restriction of the Company’s liability then such provision shall apply with such modification as may be necessary to make it valid and effective. English law shall govern construction and operation of the Contract and You agree to submit to the exclusive jurisidiction of the English Courts.
Download pricelist. Please note prices correct as of 1 February 2016. Prices subject to change.
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