Forrest Group – Terms And Conditions

General Terms and Conditions of Contract

1.  Definitions and Interpretation

1.1    “Advertiser” means any person, firm or company who acting as a Principal makes an order.                      

1.2    “Advertising Agency” means any person, firm, company or outdoor specialist recognised as an Advertising 

         Agency by the Contractor, who acts as Principal and makes an order.

1.3       “Agreement” means a legally binding agreement between the Parties, consisting of Terms and Conditions, Booking Confirmation and any other terms agreed in writing.

1.4       “Advertisement Copy” means posters and any other forms of advertising media intended for display by the Contractor.     

1.5       “Booking Confirmation” means the documents entitled Booking Confirmation which shall be sent to the Principal by the Contractor at their registered address or by email.

1.6       “Contractor” means Forrest Media and other subsidiaries of the Forrest Group whose registered office is 7 Seaward Street, Glasgow G41 1HJ.

1.7       “Due date” means 30 days after the invoice date.

1.8       “Fee” means monies specified in the Booking Confirmation.

1.9       “In Charge Date” means the first date from when copy will be displayed.

1.10    “Landlord” means the person, firm or company with whom the Contractor has an agreement to display advertising on their property.

1.11    “Order” means an order submitted by the Principal to the Contractor for the display of Advertising Copy.

1.12    “Parties” means the Contractor and Principal.

1.13    “Posting Period” means the period specified in the Booking Confirmation.

1.14    “Principal” means an advertiser or Advertising Agency who gives an Order to the Contractor and as such is liable for payment of display of Advertisement Copy.

1.15    “Production Specifications” means the last published titled Productions Specifications published by the Contractor.

1.16    “Sites” means the locations at which the Contractor can display Advertisement Copy.

1.17    “Terms and Conditions” means the terms and conditions noted in this document.

 

2. Acceptance of Terms and Conditions

2.1        The Principal shall be deemed responsible for the payment of all Fees connected with the placing of an Order and the approval or amendment of Advertising Copy.

2.2        The Terms and Conditions together with any additional terms, agreed with the Principal and Contractor at the time of booking, will be legally binding.

 

3. Acceptance and Display of Advertising Copy

3.1        The Contractor will, unless otherwise agreed in writing at the time of booking, display Advertising Copy as set out in the Booking Confirmation, in accordance with the Posting Period and subject to Clause 4.

3.2        All Advertising Copy is required to be delivered to the address specified by the Contractor no less than 5 working days before the date of Posting or the In Charge date (whichever is earlier).

3.3        All Advertising Copy shall be displayed within 5 working days of the In Charge date.  In the event of Advertising Copy being delivered late, this shall be posted within 5 working days of the receipt by the Contractor.  The Contractor will not be responsible for the late production or delivery of Advertising Copy and/or relevant posting instructions.

3.4        In the case of Production Inclusive Orders, all artwork should be received by the Contractor by the date specified by the Contractor, usually being 14 days in advance of the In Charge date.

3.5        Where the Principal wishes to have one or more changes of Advertising Copy, a request to the Contractor from the Principal must be made at the time of placing any Order and agreed in writing by the Contractor.

3.6        The Contractor will only supply photographs of displayed Advertising Copy if formally requested by the Principal at the time of booking.

3.7        The Contractor reserves the right to refuse to post inappropriate Advertising Copy which it deems may be offensive to the general public.

 

4. Supply & Disposal of Material

4.1        All Advertisement Copy (subject to changes noted in the Booking Confirmation) is to be delivered to the Contractor’s offices at 7 Seaward Street, Glasgow, G41 1HJ unless otherwise stated by the Contractor.

4.2        If the Contractor is to carry out the production of the Advertising Copy, the Principal shall adhere to the Production Specifications and provide all necessary information relating to the posting instructions within the agreed timeframe.

4.3        The Principal shall be required to supply the Advertising Copy in accordance with the Production Specifications to allow the Contractor to display the Advertising Copy in a good condition.

4.4        Failure to deliver the Advertising Copy by the Principal will result in a non-obligation by the Contractor to display the undelivered Advertising Copy.  However, all reasonable measures will be adhered to by the Contractor to display late delivered Advertising Copy within a reasonable timeframe.

4.5        Any Advertising Copy used during a campaign will be disposed of by the Contractor, unless agreement has been made with the Principal to return or store the materials.

 

 

5. Invoicing

5.1        Invoices will be issued by the Contractor within the month of the incharge date with monthly statements following thereafter unless otherwise agreed at the time of booking.    

5.2        Payment of Fees is due by the Due Date.  If payment is not received by the due date then the Contractor may refuse to display or remove any Advertisement Copy.

5.3        Original Invoices shall be sent to the Principal for payment unless an alternative is agreed at the time of Booking. 

 

 

6. Approvals and Warranties

6.1        The Contractor accepts full responsibility for all statutory and legal requirements pertaining to the maintenance of sites and structures.    

6.2        The Principal warrants and undertakes that:

6.2.1     all Advertising Copy will comply with all statutory and legal requirements and regulations from time to time in force including the British Code of Advertising Practice.

6.2.2     they will be responsible for obtaining and paying for all necessary licences and consents for the display of any advertising material. .

6.2.3     no Artwork nor Advertising Copy will breach the copyright or rights of third party/group.

6.2.4    The Principal indemnify the Contractor in respect of all liabilities of any kind (including but without limitation to liabilities under claims, demands, proceedings, awards and actions) for matters of any kind whatsoever (including without limitation costs, expenses, losses, damages, compensation, penalties, fees and disbursements) incurred by the Contractor or any third party arising from any act or omission of the Principal arising out of or connected with the performance of any contract arising from any Order.

 

7. Cancellation

7.1        The Agreement may be terminated by the Principal by written notice to the Contractor subject to the following cancellation charges:

            Up to 90 days before incharge – 50% of total

            Up to 45 days before incharge – 75% of total

            Less than 45 days before incharge – 90% of total

7.2            The Contractor may terminate the Agreement with the Principal by notice in writing to the Principal if:

7.2.1        The Principal shall be declared bankrupt or commit an act of bankruptcy.

7.2.2        The Principal ceases trading

7.2.3        If there has been a breach of the Terms and Conditions by the Principal.

 

The Contractor reserves the right to revise these Terms and Conditions from time to time.  The Contractor will post any revised Terms and Conditions on the Forrest Group website and it is the Principal’s responsibility to check for notice of any such revisions.

 

9.  Agreement

This Agreement contains the whole agreement between the Parties relating to the subject matter hereof and supercedes any and all prior agreements, arrangements and understandings between the Parties relating to that subject matter.  

 

10. Confidentiality

10.1      All parties will maintain the confidentiality of the other party’s Confidential Information and shall not, without the prior written consent of the other, use, disclose, copy or modify the other party’s Confidential Information other than as necessary for the performance of its rights and obligations under the Agreement. “Confidential Information” shall mean in relation to the other party, information, both verbally and written, belonging or relating to that party, its business affairs or activities which is not in the public domain and which:

10.1.1   is marked as either “confidential” or “proprietary”

10.1.2 the receiving party is advised of the confidential nature; or

10.2      The Contractor’s Confidential Information includes all Fees payable under the Agreement.

 

11. Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with Scottish Law and the parties submit to the exclusive jurisdiction of the Scottish courts unless the Principals’ registered office is in England, in which case English Law shall apply, or unless varied by agreement between the Parties.

Forrest Media – Terms And Conditions

General Terms and Conditions of Contract

1. Definitions and Interpretation
1.1 “Advertiser” means any person, firm or company who acting as a Principal makes an order.
1.2 “Advertising Agency” means any person, firm, company or outdoor specialist recognised as an Advertising
Agency by the Contractor, who acts as Principal and makes an order.
1.3 “Agreement” means a legally binding agreement between the Parties, consisting of Terms and Conditions, Booking Confirmation and any other terms agreed in writing.
1.4 “Advertisement Copy” means posters and any other forms of advertising media intended for display by the Contractor.
1.5 “Booking Confirmation” means the documents entitled Booking Confirmation which shall be sent to the Principal by the Contractor at their registered address or by email.
1.6 “Contractor” means Forrest Media and other subsidiaries of the Forrest Group whose registered office is 7 Seaward Street, Glasgow G41 1HJ.
1.7 “Due date” means 30 days after the invoice date.
1.8 “Fee” means monies specified in the Booking Confirmation.
1.9 “In Charge Date” means the first date from when copy will be displayed.
1.10 “Landlord” means the person, firm or company with whom the Contractor has an agreement to display advertising on their property.
1.11 “Order” means an order submitted by the Principal to the Contractor for the display of Advertising Copy.
1.12 “Parties” means the Contractor and Principal.
1.13 “Posting Period” means the period specified in the Booking Confirmation.
1.14 “Principal” means an advertiser or Advertising Agency who gives an Order to the Contractor and as such is liable for payment of display of Advertisement Copy.
1.15 “Production Specifications” means the last published titled Productions Specifications published by the Contractor.
1.16 “Sites” means the locations at which the Contractor can display Advertisement Copy.
1.17 “Terms and Conditions” means the terms and conditions noted in this document.

2. Acceptance of Terms and Conditions
2.1 The Principal shall be deemed responsible for the payment of all Fees connected with the placing of an Order and the approval or amendment of Advertising Copy.
2.2 The Terms and Conditions together with any additional terms, agreed with the Principal and Contractor at the time of booking, will be legally binding.

3. Acceptance and Display of Advertising Copy
3.1 The Contractor will, unless otherwise agreed in writing at the time of booking, display Advertising Copy as set out in the Booking Confirmation, in accordance with the Posting Period and subject to Clause 4.
3.2 All Advertising Copy is required to be delivered to the address specified by the Contractor no less than 5 working days before the date of Posting or the In Charge date (whichever is earlier).
3.3 All Advertising Copy shall be displayed within 5 working days of the In Charge date. In the event of Advertising Copy being delivered late, this shall be posted within 5 working days of the receipt by the Contractor. The Contractor will not be responsible for the late production or delivery of Advertising Copy and/or relevant posting instructions.
3.4 In the case of Production Inclusive Orders, all artwork should be received by the Contractor by the date specified by the Contractor, usually being 14 days in advance of the In Charge date.
3.5 Where the Principal wishes to have one or more changes of Advertising Copy, a request to the Contractor from the Principal must be made at the time of placing any Order and agreed in writing by the Contractor.
3.6 The Contractor will only supply photographs of displayed Advertising Copy if formally requested by the Principal at the time of booking.
3.7 The Contractor reserves the right to refuse to post inappropriate Advertising Copy which it deems may be offensive to the general public.

4. Supply & Disposal of Material
4.1 All Advertisement Copy (subject to changes noted in the Booking Confirmation) is to be delivered to the Contractor’s offices at 7 Seaward Street, Glasgow, G41 1HJ unless otherwise stated by the Contractor.
4.2 If the Contractor is to carry out the production of the Advertising Copy, the Principal shall adhere to the Production Specifications and provide all necessary information relating to the posting instructions within the agreed timeframe.
4.3 The Principal shall be required to supply the Advertising Copy in accordance with the Production Specifications to allow the Contractor to display the Advertising Copy in a good condition.
4.4 Failure to deliver the Advertising Copy by the Principal will result in a non-obligation by the Contractor to display the undelivered Advertising Copy. However, all reasonable measures will be adhered to by the Contractor to display late delivered Advertising Copy within a reasonable timeframe.
4.5 Any Advertising Copy used during a campaign will be disposed of by the Contractor, unless agreement has been made with the Principal to return or store the materials.

5. Invoicing
5.1 Invoices will be issued by the Contractor within the month of the incharge date with monthly statements following thereafter unless otherwise agreed at the time of booking.
5.2 Payment of Fees is due by the Due Date. If payment is not received by the due date then the Contractor may refuse to display or remove any Advertisement Copy.
5.3 Original Invoices shall be sent to the Principal for payment unless an alternative is agreed at the time of Booking.

6. Approvals and Warranties
6.1 The Contractor accepts full responsibility for all statutory and legal requirements pertaining to the maintenance of sites and structures.
6.2 The Principal warrants and undertakes that:
6.2.1 all Advertising Copy will comply with all statutory and legal requirements and regulations from time to time in force including the British Code of Advertising Practice.
6.2.2 they will be responsible for obtaining and paying for all necessary licences and consents for the display of any advertising material. .
6.2.3 no Artwork nor Advertising Copy will breach the copyright or rights of third party/group.
6.2.4 The Principal indemnify the Contractor in respect of all liabilities of any kind (including but without limitation to liabilities under claims, demands, proceedings, awards and actions) for matters of any kind whatsoever (including without limitation costs, expenses, losses, damages, compensation, penalties, fees and disbursements) incurred by the Contractor or any third party arising from any act or omission of the Principal arising out of or connected with the performance of any contract arising from any Order.

7. Cancellation
7.1 The Agreement may be terminated by the Principal by written notice to the Contractor subject to the following cancellation charges:
Up to 90 days before incharge – 50% of total
Up to 45 days before incharge – 75% of total
Less than 45 days before incharge – 90% of total
7.2 The Contractor may terminate the Agreement with the Principal by notice in writing to the Principal if:
7.2.1 The Principal shall be declared bankrupt or commit an act of bankruptcy.
7.2.2 The Principal ceases trading
7.2.3 If there has been a breach of the Terms and Conditions by the Principal.

8. Variation
The Contractor reserves the right to revise these Terms and Conditions from time to time. The Contractor will post any revised Terms and Conditions on the Forrest Group website and it is the Principal’s responsibility to check for notice of any such revisions.

9. Agreement
This Agreement contains the whole agreement between the Parties relating to the subject matter hereof and supercedes any and all prior agreements, arrangements and understandings between the Parties relating to that subject matter.

10. Confidentiality
10.1 All parties will maintain the confidentiality of the other party’s Confidential Information and shall not, without the prior written consent of the other, use, disclose, copy or modify the other party’s Confidential Information other than as necessary for the performance of its rights and obligations under the Agreement. “Confidential Information” shall mean in relation to the other party, information, both verbally and written, belonging or relating to that party, its business affairs or activities which is not in the public domain and which:
10.1.1 is marked as either “confidential” or “proprietary”
10.1.2 the receiving party is advised of the confidential nature; or
10.2 The Contractor’s Confidential Information includes all Fees payable under the Agreement.

11. Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with Scottish Law and the parties submit to the exclusive jurisdiction of the Scottish courts unless the Principals’ registered office is in England, in which case English Law shall apply, or unless varied by agreement between the Parties.

Forrest Displays – Terms And Conditions

STANDARD CONDITIONS OF TRADING OF FORREST OUTDOOR MEDIA LIMITED (“the Company”)

 

1. PRICES QUOTED.

All prices quoted will be subject to amendment if not accepted within one calendar month.

2. VALUE ADDED TAX.

All prices are quoted exclusive of Value Added Tax.

3. PRELIMINARY WORK.

The Customer will reimburse to the Company all costs reasonably and necessarily incurred
by the Company in the preparation of a price quotation on the instructions of the Customer.

4. PROOFS.

When requested, proofs of all work, will be submitted for the Customer’s approval and the Company shall not be responsible for any errors not corrected by the Customer in Proofs submitted.

5. ORDERS.

The Customer will indemnify the Company against all claims arising from errors in the Customer’s instructions to the Company, written or verbal.

6. DELIVERY & PAYMENT.

(a) Payment will be due on notification that the work has been completed (b) Unless otherwise specified, the prices quoted are for delivery of the work to the Customer’s last known address. A charge may be made to cover any extra costs involved for delivery to a different address (c) If work is suspended or delayed on the instructions of the Customer for a period of thirty days from the date of receipt of such instructions, the Company may render an interim account for payment for work done and costs incurred up to the date of such instructions (d) Interest will run on unpaid accounts from and after fourteen days from the due date thereof until payment at 8% over the Base Lending Rate of the Bank of Scotland in force from time to time (e) Accounts shall be sent to the Customer named in the price quotations who will be responsible for payment as principle debtor whether or not the Customer purports to be acting as agent for a third party.

7. CLAIMS.

All claims against the Company in respect of goods damaged when delivered must be intimated to the Company in writing within three days of delivery.

8. LIABILITY.

The Company shall not be liable for any loss or damage suffered by the Customer arising from delay in transit not caused by the Company, its employees or agents.

9. ERECTED SIGNS.

(a) The Customer shall be responsible for the ongoing maintenance and safety of all signs supplied by the Company; (b) The Customer will indemnify the Company against all claims, costs and expenses of whatever kind arising from the positioning and attachment of signs in accordance with the Customer’s instructions; and (c) The Company shall not be liable for any damage or injury caused by falling or loose signs, unless negligence can be proved against the Company.

10. STANDING MATERIALS.

The risk in the goods, items or materials supplied by the Company will pass to the Customer upon delivery, but beneficial ownership shall remain with the Company until full payment has been received.

11. MATERIALS SUPPLIED BY THE COMPANY.

The Company reserves the right to refuse to accept materials or specifications supplied by the Customer which the Company considers unsuitable for the implement of the Customer’s instructions. If, on the instructions of the Customer, the Company supplies materials that conform to a lower grade specification than the Company considers to be suitable then (provided the Company has drawn the Customer’s attention to the unsuitability of the materials in writing) the Customer shall indemnify the Company against all claims, costs, damages and expenses of the Company whatsoever arising from any claim made against the Company by the Customer or any third party for loss, damage, death or personal injury relating to the quality, durability or safety of any such materials supplied by the Company to the Customer pursuant to these Terms & Conditions.

12. INSOLVENCY.

If the Customer being a Limited Company shall go into Liquidation or Receivership or have an Administrator appointed or be wound up or disclosed or (if an individual) shall become apparently insolvent or sign a Trust Deed for his creditors or otherwise be unable to meet it or his commitments, then in any such event it shall be in the sole option of the Company to treat any contract between the Company and the Customer as terminated, to stop all work and will be entitled to payment for all work done to the date of termination and to exercise a lien over all the Customer’s property in its possession in such manner and in such price and at such price or prices as the Company thinks fit and to apply the sale proceeds towards such debt.
13. ILLEGAL MATTER. The Customer shall be liable for all claims of whatever nature and by whoever made against the Company and whether arising in terms of any statute or common law or otherwise arising from any cause other than the Company’s negligence or that of their employees and the Customer will indemnify the Company against any such claims at the cost of any legal proceedings arising there from. The Company shall not be liable to the Customer or to any other person, Company or Corporation for loss or damage caused by delay in completing work or for any loss or damage to the Customer or to any other person, Company or Corporation arising from delay in the delivery of goods or materials. In particular, and without prejudice to the Company against all claims of whatever nature and by whoever made against the Company arising from the display of any material which is defamatory or an infringement of Copyright.

14. COPYRIGHT.

The copyright in any work or design by the Company shall vest in the Company.

15. FORCE MAJEURE.

The Company will not be liable if the performance of its obligation hereunder is prevented, interfered with, hindered, prejudiced or rendered commercially impracticable either directly or indirectly by any contingency beyond the control of the Company such as instructions or interference by any Government or other Authority or Act of God, fire, accident, war, nuclear explosion or any other ecological or environmental disruption, blockage, trade embargo, riots, civil commotion, strikes, lock-outs, labour disputes, shortage of fuel, power, labour or raw materials, or breakdown of machinery.

16. LAW.

These Conditions shall be governed and construed in accordance with the Law of Scotland.

17. GENERAL.

The above Conditions shall apply not only to all quotations given by the Company but to all orders subsequently placed with the Company by or on behalf of the same Customer in connection with the same work unless otherwise agreed in writing.

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