For the purpose of these terms and conditions Allan Webb Ltd, and documentscanning.net is AW.
1. Limitation of Liability
In the event of the client sustaining any loss due on whole or in part to AW’s equipment failure, program or operator error then AW’s liability shall be limited to the cost of reprocessing the Client’s data and providing acceptable results. Save as aforesaid AW shall not be liable for any delay, loss or damage however arising out of this Agreement nor for any consequential losses the Client may suffer.
2. Accuracy of results
All parts of any project must be signed off as correct before commencement. This is the client’s responsibility. When the specifications do not include verifying or checking and balancing to audited control figures the Client agrees to accept the unverified results as complete and satisfactory.
3. Error or omission in specification
The client is responsible for confirming that AW’s job specification is correct. The client is responsible for signing the job specification to authorise the job. Failure to do so will delay the work. All delays and costs resulting from a failure or delay for this proper authorisation to be provided will be the responsibility of the client. All modifications to the job where specification has already been agreed will need to be authorised in writing by the client. Failure to do so will be the responsibility of the client. Any work resulting from a change to the agreed specification by the client will be charged at AW’s standard hourly rate. Where AW undertakes programming, or program modification, for a client based on the client’s specification, no responsibility will be taken for any errors or omissions in that specification. Any additional work resulting from such errors or omissions will be chargeable, over and above the quoted figure, at AW’s current rates.
4. Transport of Data
At the request of the client, AW may collect and deliver the client’s media and/or documents from the client’s premises for which service AW may charge. During the course of such collection or delivery to or from the client, all the client’s materials shall be at the client’s risk. AW shall not be liable for any delay, loss or damage arising therefrom nor from any consequential losses incurred by the client.
It is the customer’s responsibility to ensure that there is adequate insurance cover for the loss or destruction of documents in transit or at AW’s premises.
6. Client’s Documents
Unless otherwise agreed client’s documents (Hard and Soft copies) will be retained by AW for a period of 60 days following invoice date. They will then be commercially destroyed. On occasions when the client requires documents to be returned, these will be returned in sequence, but where they have been removed from files they will not be refiled.
7. Client Satisfaction
If the client is dissatisfied with the quality of the work undertaken by AW, the client will notify AW within 28 days of invoice date of their electronic files in writing stating the reasons for this. The electronic files will be deemed to be accepted once 28 days has elapsed from the date of delivery.
8. Invoicing and settlement
Payment is to be made within thirty (30) days from the date of the invoice. AW reserve the right to charge interest at the rate of one percent per month on any Invoice outstanding beyond thirty (30) days where that invoice is not the subject of a valid query, such query to have been notified within 14 days of Invoice date. Whilst any invoice remains outstanding the data/deliverable product remains the property of AW.
Either party may terminate this Agreement at any time for failure of the other to comply with any of its terms. If this Agreement, or any supplement to the Agreement, is terminated by AW as a result of AW ceasing to trade, AW shall make available to the Client, free of charge, all programs, documentation and files necessary for that client to obtain continued service from another supplier.
This Agreement shall be governed by the laws of England and constitute, with its supplements, the entire agreement between the Client and AW with respect to the services enumerated herein and its terms and conditions of any order submitted by the Client in respect of such service.