*Conditions Referenced on Home Page
Projects turnaround times can vary dependent on how busy we are. Our average turnaround time for Design work is 4 working days and for Print work is 7 working days from sign off of proofs. Please allow an additional 7 working days for delivery of goods sent by Royal Mail. Optional 48hr Priority service is only available on select items, products or services.
AMX Terms & Conditions:
1.1 In these conditions:
“AMX” means a company trading under the name AMX; "Contract” means these Conditions together with the estimate in writing for design products/services provided by AMX and accepted by the Purchaser; “Force Majeure” means any circumstances beyond a party’s reasonable control including, without limitation, an act of God, strikes or other form of industrial action, war and terrorism; “Intellectual Property Rights” means trade marks (whether registered or unregistered) patents, registered designs, unregistered designs, copyrights, database rights, design rights, technical/confidential information, know how or inventions and similar rights or proprietary rights of a similar nature in the United Kingdom and abroad including applications for any of the foregoing; “Purchaser” means the person/company/firm/business entering into a Contract with AMX for the supply of Products and/or Services; “Products”
means products of whatever description provided by AMX to the Purchaser; “Services” means services of whatever description provided by AMX to the Purchaser whether as part of the provision of Products or otherwise; “Delivery Date” means the estimated date on which the Products are due to be delivered by AMX to the Purchaser under the Contract; “Price” means the price of the Products and/or the Services sold or supplied by AMX to the Purchaser under the Contract; “Third Party Materials” means materials sourced from a third party by AMX on behalf of the Purchaser for incorporation in the Products.
1.2 The singular number includes the plural and vice versa. References to persons include references to companies or any other forms of legal entity. Headings are for convenience only.
1.3 These Conditions contain the only terms under which AMX contracts. They replace any conditions of a Purchaser and may only be varied or added to with the express approval in writing of AMX.
2. PRICE AND PAYMENT TERMS
2.1 Unless otherwise agreed by AMX, payment for any Products or Services shall be made within 30 days from the date of AMX’s invoice. Time of payment shall be of
2.2 Fifty per cent of the Price shall be invoiced for by AMX prior to commencement of the Services and/or delivery of the Products and the remaining fifty per cent of the Price shall be invoiced for by AMX following delivery of the Products.
2.3 Any quote or estimate provided by AMX to the Purchaser for the Products or Services is valid for a period of 30 days.
2.4 AMX shall not incur any outlays on behalf of the Purchaser without the prior written consent of the Purchaser. AMX may request and the Purchaser shall be required to submit payment for any outlays, including outlays for Third Party Materials to AMX in advance of such outlays being incurred by AMX.
2.5 The Purchaser shall reimburse AMX for all reasonable out of pocket expenses necessarily incurred by AMX in carrying out the Services or providing the Products.
AMX shall obtain the Purchaser’s consent to such expenditure prior to it being incurred and shall make available to the Purchaser all receipts and invoices evidencing the same.
2.6 Interest at the rate of 5% per annum above the base rate from time to time fixed by the Royal Bank of Scotland plc shall accrue on a daily basis on any overdue payments from the due date for payment until receipt of cleared funds.
2.7 AMX reserves the right and shall be entitled at any time prior to delivery of the Products and/or the Services on giving written notice to the Purchaser to increase the Price in the event of AMX incurring any extra costs due to increased labour or material costs caused by a change in the Delivery Date, quantities or specifications for the Products or Services which are requested by the Purchaser or any delay caused by any instructions of the Purchaser or failure of the Purchaser to give adequate information or instruction. For the avoidance of doubt, any corrections required other than as a result of an error on the part of AMX, including the style and cost of additional proofs and necessity by such connections will incur cost additional to the Price. Where proofs are submitted to the Purchaser for approval, AMX will have no liability for any errors not corrected by the Purchaser. The Purchaser shall be bound to accept the Products or Services when they are ready for delivery by AMX.
3.1 Following acceptance of an estimate for design products/services from AMX by the Purchaser, AMX will advise the Purchaser of the Delivery Date.
3.2 AMX will not deliver the Products or provide the Services until it has received payment from the Purchaser in accordance with Condition 2.2 hereof and is in receipt of a sign off sheet completed by the Purchaser which shall be provided by AMX to the Purchaser.
3.3 AMX shall use all reasonable endeavours to meet the Delivery Date but the Purchaser acknowledges that the Delivery Date is an estimate only and AMX shall not
incur any liability for failure to meet the Delivery Date.
3.4 Delivery shall be effected upon the issuing by AMX of an electronic version of the Product to the Purchaser (in the case of Products) or completion of the Services (in the case of Services).
4. PURCHASER’S CLAIMS
4.1 The Purchaser shall not be entitled to cancel any order for Goods or Services in whole or in part.
4.2 Written notice of any claims for bugs or defects in the Products must be given to AMX within 7 days from date of delivery by AMX of the Products.
5. PURCHASER’S WARRANTY
5.1 The Purchaser warrants that all information provided to AMX to enable AMX to carry out the Contract shall be accurate and not contain any illegal or defamatory
material or infringe any third party Intellectual Property Rights. For the avoidance of doubt, any copyright material provided by the Purchaser to AMX for inclusion in any
Products shall be the property of or shall have been validly assigned to the Purchaser. The Purchaser hereby grants to AMX a non-exclusive, royalty-free licence to use,
reproduce and copy such copyright material for the purposes of carrying out the Contract. The Purchaser will indemnify AMX, its employees and agents any and all losses, damages or costs sustained by AMX, its employees and agents as a result of infringement of third party rights including third party Intellectual Property Rights when complying with the Purchaser’s instructions.
6. UNDERTAKINGS BY AMX
6.1 AMX shall if requested to do so by the Purchaser use reasonable endeavours to source Third Party Materials for incorporation in the Products subject to payment of a fee in addition to the Price (the "Sourcing Fee"). AMX shall be entitled to invoice the Purchaser following delivery of the Products and/or the Services for the Sourcing Fee which shall be payable by the Purchaser in accordance with Condition 2.1 hereof.
6.2 AMX will at all times use reasonable skill and care in the manufacture/supply of Products and/or performance of Services. AMX accepts no responsibility for the
quality of any products or services provided by third parties including, without limitation, Third Party Materials which are incorporated or used by AMX in the Products or the Services.
6.3 Whilst AMX will use all reasonable endeavours to ensure that when performing work for the Purchaser it does not infringe the rights of a third party, no warranty is given. Whilst AMX may provide recommendations to the Purchaser with regards to third parties who may provide additional or related services and products including Third Party Materials, AMX shall not be liable for any direct or consequential loss or damage, including loss of profits or revenue suffered as a result of any services or products provided by any third party so recommended, or any loss suffered as a result of such a third party becoming apparently insolvent, going into liquidation or receivership or administration, as the case may be.
6.4 AMX will fix free of charge any defects or bugs in the Products notified to AMX by the Purchaser in accordance with the timescale in Condition 4.2 hereof. This is
the sole extent of AMX’s liability. AMX shall not be liable for any direct or consequential loss or damage including loss of profits or revenue suffered by the Purchaser.
6.5 AMX will exercise care with prints, photographs, negatives and samples etc provided by a Purchaser for use by AMX in carrying out the Services or producing the
Products. AMX shall not be responsible for the loss or damage of such prints, photographs, negatives, samples etc whether such loss or damage was incurred in transit or otherwise.
6.6 All guarantees and warranties whether express or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law.
6.7 AMX entire and aggregate liability to the Purchaser whether under the Contract or otherwise (including under the law of negligence) shall not exceed the sum equivalent to the Price.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Any and all Intellectual Property Rights generated by AMX in the Products and/or the Services ("AMX's Intellectual Property Rights") shall belong to AMX.
Subject to payment in full of all sums due to AMX under the Contract, AMX hereby grants to the Purchaser a non-exclusive, royalty-free licence to use AMX's
Intellectual Property Rights. For the avoidance of doubt, said licence shall not entitle the Purchaser to copy or reproduce, alter, adapt or reformat any of AMX's Intellectual Property Rights without the prior written permission of AMX.
8.1 AMX reserves the right to terminate any Contract with the Purchaser by immediate written notice (i) should the Purchaser be in material breach of its obligations and fail to remedy such breach within seven days following written notice from AMX; or (ii) should the Purchaser be or become bankrupt or make any arrangements with its creditors or become apparently insolvent or have a liquidator or receiver appointed or (in any case) cease, or threaten to cease, trading.
9. PAYMENT OF PRICE
9.1 Payment of the Price will be made in full without any deduction. No withholding or retention shall be permitted without AMX’ prior approval.
10.1 The Purchaser will keep confidential and not disclose to any third party any trade secrets or confidential information of AMX which may be acquired as a result of the
performance by AMX of the Contract for the Purchaser.
11.1 The Purchaser shall not be entitled to assign any of its rights or obligations under the Contract without AMX’s prior written consent.
12. TAXES/IMPORT DUTIES
12.1 The Purchaser will pay all sales taxes (including value added tax), customs or other import duties, costs of regulatory approvals and the like. If AMX meets any such costs the Purchaser will make reimbursement on demand.
13. GOVERNING LAW
13.1 Scots law shall govern these Conditions and the Contract. The parties agree to submit to the exclusive jurisdiction of the Scottish Courts in the event of dispute.
14. FORCE MAJEURE
14.1 Neither party will be liable to the other for any delay in or failure to perform or comply with its obligations (expect those relating to payment) under the Contract as a result of Force Majeure. The affected party shall promptly notify the other of the commencement and cessation of a Force Majeure. If Force Majeure continues for a period in excess of 90 days either party shall be entitled to terminate the Contract forthwith by written notice and without liability for termination. If the Contract is terminated under this Condition 14, all orders for Products and Services placed prior to the date of termination will be deemed to have been cancelled and the Purchaser shall pay AMX for all Products and Services already supplied, work-in-progress, and the cost of materials reasonably ordered by AMX in expectation of completing the Contract.
Access to and use of this site ('amxcreative.com') is provided
by AMX subject to the following terms:
By using amxcreative.com you agree to be legally bound
by these terms, which shall take effect immediately on your first
use of amxcreative.com. If you do not agree to be legally
bound by all the following terms please do not access and/or
AMX may change these terms at any time by posting
changes online. Please review these terms regularly to ensure
you are aware of any changes made by AMX. Your continued
use of amxcreative.com after changes are posted means you
agree to be legally bound by these terms as updated and/or amended.
Use of amxcreative.com
You may not copy, reproduce, republish, download, post, broadcast,
transmit, make available to the public, or otherwise use amxcreative.com
content in any way except for your own personal, non-commercial
use. You also agree not to adapt, alter or create a derivative
work from any amxcreative.com content except for your
own personal, non-commercial use. Any other use of amxcreative.com
content requires the prior written permission of AMX.
You agree to use amxcreative.com only for lawful purposes,
and in a way that does not infringe the rights of, restrict or
inhibit anyone else's use and enjoyment of amxcreative.com.
Prohibited behaviour includes harassing or causing distress or
inconvenience to any person, transmitting obscene or offensive
content or disrupting the normal flow of dialogue within amxcreative.com.
Disclaimers and Limitation of Liability
amxcreative.com content, including the information, names,
images, pictures, logos and icons regarding or relating to
AMX, its products and services (or to third party
products and services), is provided "AS IS" and on
an "IS AVAILABLE" basis without any representations
or any kind of warranty made (whether express or implied by
law) to the extent permitted by law, including the implied
warranties of satisfactory quality, fitness for a particular
purpose, non-infringement, compatibility, security and accuracy.
Under no circumstances will AMX be liable for any
of the following losses or damage (whether such losses where
foreseen, foreseeable, known or otherwise): (a) loss of data;
(b) loss of revenue or anticipated profits; (c) loss of business;
(d) loss of opportunity; (e) loss of goodwill or injury to reputation;
(f) losses suffered by third parties; or (g) any indirect, consequential,
special or exemplary damages arising from the use of amxcreative.com
regardless of the form of action.
AMX does not warrant that functions contained in
amxcreative.com content will be uninterrupted or error free,
that defects will be corrected, or that amxcreative.com
or the server that makes it available are free of viruses or
The names, images and logos identifying AMX or third
parties and their products and services are subject to copyright,
design rights and trade marks of AMX and/or third
parties. Nothing contained in these terms shall be construed
as conferring by implication, estoppel or otherwise any licence
or right to use any trademark, patent, design right or copyright
of AMX or any other third party.
If there is any conflict between these terms and specific terms
appearing elsewhere on amxcreative.com (including local
house rules) then the latter shall prevail.
If any of these terms are determined to be illegal, invalid
or otherwise unenforceable by reason of the laws of any state
or country in which these terms are intended to be effective,
then to the extent and within the jurisdiction in which that
term is illegal, invalid or unenforceable, it shall be severed
and deleted from these terms and the remaining terms shall survive,
remain in full force and effect and continue to be binding and