Contract Agreement Terms of Trade (April 2016)

The below terms of trade govern all the supplies of Goods and Services from [Tony Lodge t/a Precious Gem Setting] (“us/we/our”) to you with effect from [1 April 2016] and replaces all earlier written or oral agreements. Your continued instructions for Goods and/or Services from us constitute your acceptance of these terms of trade as amended from time to time.

Risk

1. You shall remain solely liable at all times for insurance and risk of all Goods and/or materials supplied to us, including but not limited to, throughout the period the Goods and/or materials remain on our premises and while in transit to and from our premises.

2. We will make every effort to perform the Services in a good and workmanlike manner but will not be liable to you and/or any other person or entity in any way whatsoever, whether arising under contract, tort (including negligence) or otherwise for damages of any kind from the use of our Services, including but not limited to:
a) unforeseen/accidental breakage of gem stones, metals and materials provided by you and/or related items
b) lost, misplaced or stolen Goods and/or materials and loss of related items
c) Goods damaged, misplaced or lost in transit, and
d) any other direct, indirect, punitive or consequential damages, lost revenue or loss of profits suffered whatsoever.

Indemnity
3. You agree to indemnify and hold us and our employees and agents harmless from and against any and all claims, liabilities, losses, judgements, awards, fines, penalties and costs and/or expenses of any kind including without limitation reasonable lawyers’ fees and Court costs arising out of or resulting from or caused by, either directly or indirectly, your breach or violation of these terms and/or your use of and/or access to our Services.

Payment
4. Invoices are payable within 14 days from date of invoice.
5. We reserve the right to charge late penalty fees.
6. Unless agreed otherwise, all payment must be made by internet banking.

Pricing
7. Job pricing is either based on our hourly rate or our piece rates.
8. An ‘estimate’ will be provided on request.
9. In addition, due to the nature of the job and/or the fragile nature of the gem stone being set, additional charges will apply.

Hours of Trade
10. Hours of trade 8.30am to 5pm. Monday to Friday (excluding some public holidays)

Delivery
11. Our minimum turnaround time for completing work is 5 working days.
12. Please ensure that all work is delivered to us 5 working days ahead of your required completion date, this is to enable us to main
-tain our high standard of workmanship and to meet all our clients’ deadlines.
13. Urgent service, (turnaround within 5 working days) accepted by mutual agreement, will incur a surcharge.
14. Return courier bags to be provided by you.
15. Travel time will be charged at our standard hourly rate if pick up or drop off by us is required.