1. In these Terms and Conditions the following definitions shall apply:
(a) The Library shall mean Early Amusement Images.
(b) The Customer shall mean and include any person firm or company who negotiates with or contracts
to purchase or take on loan, the pictures of the Library whether directly or through an agent.
(c) The pictures shall mean and include any goods supplied by the Library to or to the order of the Customer.
Variations of Terms and Conditions and Fees
(a) These Terms and Conditions apply to all sales and loaned pictures by the Library including JPG Files shared with customers from time to time for the purposes of reproduction and can only be varied by agreement between the Library and the customer. The Customer accepts and acknowledges that these terms and conditions form part of a contract between the Library and the Customer and agrees that any change in these terms and conditions shall only have effect in the event that the Library has expressly agreed to any change in writing.
(b) In the event that the Customer after ordering goods from the Library gives instructions for the suspension or delay of the Customers order or failing to give further instructions as may be necessary for the proper completion of the Customers order or returning or failing to accept delivery of the Customers order the Library shall have the right to charge for the Work done and for any additional expenses.
(c) The Library’s website, catalogues, brochures and any other advertising material shall not form any part of the contract.
Property and Risk
(a) The risk in the goods shall pass to the Customer as soon as the goods have come into the possession of the Customer and the Customer is therefore fully responsible for the safe keeping of the goods including image files transmitted by computer. The loss or damage to any image orcomputer file must be notified in writing to the Library within seven working days of such loss or damage occurring. Loss or damage to any goods on loan will be charged to the Customer including any other charges outstanding at the time of any loss or damage .
(b) Notwithstanding the delivery or passing of the risk the property in the goods loaned by the Library to the Customer shall at all times remain in the Library.
Conditions of Loan or Sale
4. Goods that are loaned to the Customer under an Official Order will be for the period of thirty days from despatch.
5. An Order Fee is payable by the Customer to the Library for any loaned goods.
6. After the loan period has expired additional Rental Fees will be charged to the Customer for each additional week or part thereof.
7. Postcards and prints supplied by the Library on a sale basis are sold outright at a price quoted by the Library. Sale fees paid do not include the right of reproduction (see 13. Reproduction Terms and Conditions).
Defective Goods and Limitations of Liability
8. The Library takes all reasonable care to ensure the correct identification of all images but it does not accept liability of any loss or damages occasioned by the Customer or any third party arising from the publication of its images or its captions whatsoever.
9. Any discrepancies in the images must be reported to the Library within seven days of receipt.
10. Images represented to be defective by the Customer shall not form the subject of any claim for work done by the Customer or any third party or for any loss damage or expense whatsoever arising directly or indirectly from such defect.
11. Complaints by the Customer in respect of images alleged to be defective shall not be grounds for the Customer to withhold payment of accounts due to the Library and shall not give any rights to set off against payments due from the Customer to the Library.
Determination of Right of Possession of Goods
12. The right of the Customer to possession by the Customer or by any person firm or company of goods loaned to the Customer under the terms hereof shall automatically cease and determine on the death or bankruptcy of the Customer or if the Customer is a company in the event of a Resolution or Petition being passed or an Order being made for the winding up of the Customer or if a Receiver of the Customer’s property undertaking or assets or any part thereof is appointed and in such an event the goods shall forthwith be returned to the Library and the Library may recover such goods and may enter upon the Customers premises for that purpose.
13. No goods may be reproduced copied shared or exhibited to a public audience by or on behalf of the Customer nor may the Customer with possession of the goods reproduce any part without the express written authority of the Library. Any such consent given by the Library to such reproduction or parting with possession shall be subject to the following conditions in addition to to any special conditions provided at the time of consent.
(a) No rights of reproduction will pass to the Customer nor may the Customer part with possession of the goods supplied by the Library for reproduction by a third party until all Reproduction Fees have been paid in full by the Customer to the Library. Rights of reproduction shall be clearly defined on an invoice issued by the Library.
(b) No warranty is given by the Library to the Customer or any third party as to the existence of model or other releases in respect of any goods and the Customer shall indemnify the Library as to any loss suffered by the Library or third party by reason of the non-existence of such releases.
(c) Any rights of reproduction granted to the Customer shall determine automatically on the death or bankruptcy of the Customer or if the Customer is a company in the event of a Resolution or Petition being passed or an Order being made for the winding up of the Customer or if a Receiver of the Customer’s undertaking property or assets or any part thereof is appointed.
(d) All goods sent and used for reproduction must be returned to the Library within thirty days of publication by courier otherwise Rental Charges will be payable by the Customer for every additional week or part thereof.
(e) Unless otherwise agreed by the Library all goods that are reproduced shall be credited ‘’Early Amusement Image Library’’.
(f) Reproduction rights are not granted exclusively to the Customer except when specified on the invoice.