Dark Art Composites Terms and Conditions
1. Order Placement: Orders can be placed by the customer via email, phone, or in-person. All orders are subject to acceptance by Dark Art Composites and may be declined at their discretion. Orders from established Vat registered businesses must be in the form of a purchase/works order (PO). Orders from individuals or non-registered entities will require formal written instruction to proceed and may require a deposit.
2. Pricing: Prices for composite products are quoted based on the current rates at the time of the order, and are exclusive of any applicable taxes, duties, or other charges, unless otherwise stated. Any non-standard materials specified by the customer may require minimum order quantities, this cost will be passed across directly to the customer. The customer must specify that any quantities that are not used to complete the job must be returned, this will do done at their cost. Dark Art Composites will not store material or hardware on behalf of the customer if no PO exists to cover its usage or storage. If the customer does not want excess material or hardware returned, they agree by default that ownership will pass to Dark Art Composites.
3. Payment: Payment terms will be agreed upon between the customer and Dark Art Composites. Unless otherwise agreed in writing, payment is due upon receipt of invoice. Late payments may be subject to late fees and interest will accrue on a daily basis until payment is made at the rate equivalent to 25% per annum. Ownership of composite products or intellectual property shall not pass to the customer until Dark Arts Composites has received in full and in cleared funds all sums due to it in respect of the composite products produced or services rendered. When purchasing, Dark Art Composites will pay all invoices on 30-day terms unless otherwise agreed in writing.
4. Production Lead Time: Dark Art Composites will provide an estimated production lead time for each order. However, this is an estimate and not a guarantee. Delays may occur due to factors such as material availability, production scheduling, or unforeseen circumstances. Dark Art Composites will make all reasonable efforts to notify the customer of any delays and mitigate them where possible.
5. Shipment and Delivery: Shipment and delivery of composite products will be arranged by Dark Art Composites, unless otherwise agreed upon with the customer. The customer is responsible for any shipping or transportation charges, unless otherwise specified. Delivery prices will be quoted based on the current rates provided by our courier services. Liability for risk of loss or damage to the composite products passes to the customer upon delivery. As part of our commitment to the environment and our ISO 14001 environmental standard we reuse and recycle our shipping packaging.
6. Quality Assurance: Dark Art Composites will make reasonable efforts to ensure that all composite products are manufactured to meet industry standards and customer supplied specifications. However, the customer acknowledges that composite products may have inherent variations in colour, texture, weave, or other characteristics due to the nature of materials. As standard, parts will be trimmed, drilled where necessary, free from bagging consumables and hand safe. Parts will have a semi-gloss mould finish as standard unless otherwise specified and agreed in writing at the time of order.
7. Returns and Refunds: The customer must inspect all composite products upon receipt and report any defects or discrepancies to Dark Art Composites in writing within 5 working days. Returns or refunds for defective products will be determined on a case-by-case basis, and may be subject to secondary inspection and verification by Dark Art Composites. Custom or specially ordered composite products are not eligible for returns or refunds.
8. Intellectual Property: Dark Art Composites acknowledges that any intellectual property, including but not limited to designs, trademarks, or proprietary information, provided by the customer to Dark Art Composites for the purpose of manufacturing composite products for the customer remains the property of the customer. Dark Art Composites retains the right to use customer's intellectual property solely for the purpose of fulfilling the order including sharing it with its partners and suppliers for this purpose.
9. Limitation of Liability: Dark Art Composites shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the sale, use, or performance of composite products, including but not limited to loss of profits, business interruption, or damage to property. The total liability of Dark Art Composites shall be limited to the amount paid by the customer for the composite products giving rise to the claim. As standard no warranty is issued for any components for any UV, chemical or temperature resistance. Layups provided by Dark Art Composites are done so based on experience in line with customer requirements and are advisory, full structural analysis can be arranged and liability resulting from any failure will fall on the third party providing the service.
10. Governing Law and Jurisdiction: These terms and conditions shall be governed by and interpreted in accordance with the laws of England where Dark Art Composites is located. Any disputes arising out of or in connection with these terms and conditions shall be resolved through negotiation in good faith. If no resolution is reached, the parties agree to submit to the exclusive jurisdiction of the courts of England.
11. Amendments: These terms and conditions may be amended by Dark Art Composites at any time without prior notice. Any amendments will be effective upon posting on Dark Art Composites’ website or other means of communication. The customer's continued use of Dark Art Composites products or services after any amendments constitutes acceptance of the updated terms and conditions.
12. Entire Agreement: These terms and conditions constitute the entire agreement between the customer and Dark Art Composites and supersede all prior and postdated communication or terms and conditions. Any conflicts or contradictions must be dealt with and agreed in writing prior to any engagement.
Modern slavery is a crime and a violation of fundamental human rights. It takes various forms, such as slavery, servitude, forced and compulsory labour and human trafficking, all of which have in common the deprivation of a person's liberty by another in order to exploit them for personal or commercial gain. Dark Art has a zero-tolerance approach to modern slavery, and we are committed to acting ethically and with integrity in all our business dealings and relationships and to implement and enforce effective systems and controls to ensure modern slavery is not taking place anywhere in our own business or our supply chain.
We are also committed to ensuring there is transparency in our own business and in our approach to tackling modern slavery throughout our supply chain. We expect the same high standards from all our contractors, suppliers and other business partners. As part of our contracting processes, we include specific prohibitions against the use of forced, compulsory or trafficked labour, or anyone held in slavery or servitude, and we expect that our suppliers will hold their own suppliers to the same high standards. This policy applies to all persons working for us or on our behalf in any capacity, contractors, external consultants, third-party representatives and business partners. This policy does not form part of any employee’s contract of employment, and we may amend it at any time.
An ISO 9001:2015 and 14001:2015 Accredited Company
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