Desirable Concepts Bespoke Policy
Terms for Bespoke Goods ("Bespoke Terms”)
The Bespoke Terms apply in addition to our terms andconditions of sale ("Terms").
The following definitions apply to the Bespoke Terms inaddition to any terms that are already defined in our Terms:
“Bespoke Goods": Goods manufactured by the Supplier inaccordance with the Specification,
“Intellectual Property Rights”: patents, rights toinventions, copyright and related rights, trade marks and service marks,business names and domain names, rights in get-up and trade dress, goodwill andthe right to sue for passing off or unfair competition, rights in designs,database rights, rights to use, and protect the confidentiality of,confidential information (including know-how and trade secrets) and all otherintellectual property rights, in each case whether registered or unregisteredand including all applications and rights to apply for and be granted, renewalsor extensions of, and rights to claim priority from, such rights and allsimilar or equivalent rights or forms of protection which subsist or willsubsist now or in the future in any part of the world, including the right tosue for and recover damages for past infringements;
"Specification": any specification for the BespokeGoods, including any related plans and drawings, that are provided by or onbehalf of, the Customer.
1. The Bespoke Goods are as described in the Specification.
2. The Supplier will manufacture the Bespoke Goods inaccordance with the Specification.
3. The Customer is responsible for ensuring that:
3.1 The terms of any applicable Specification is completeand accurate; and
3.2 The manufacture and supply of the Bespoke Goods inaccordance with the Specification complies with all applicable laws and/orregulatory requirements in the UK and any other relevant jurisdiction.
4.The Supplier shall not be liable for the Bespoke Goods' failure tocomply with the warranty set out in clause 6.1 of the Terms to theextent that the defect or failure of the Bespoke Goods arises as a result ofthe Supplier manufacturing and supplying the Bespoke Goods in conformity withthe Specification.
5.The Supplier may, by giving notice to the Customer at anytime before delivery, increase the price of the Bespoke Goods to reflect anyincrease in the cost of the Bespoke Goods that
is due to any request by the Customer to change theSpecification.
6.The Customer shall indemnify the Supplier against andcovenant’s to pay the Supplier an amount equal to all liabilities, costs,expenses, damages and losses (including any direct, indirect or consequentiallosses, loss of profit, loss of reputation and all interest, penalties andlegal and other professional costs and expenses) suffered or incurred by theSupplier, its agents, employees and subcontractors, in connection with anyclaim made against the Supplier relating to:
6.1 the actual or alleged infringement of a third party'sIntellectual Property Rights arising out of or in connection with theSupplier's use of the Specification or the manufacture of the Bespoke Goods by,or on behalf of, the Supplier in accordance with the Specification; and/or
6.2 the manufacture, sale, importation or exportation of anyBespoke Goods supplied and/or manufactured in accordance with the Specification(including but not limited to (and subject to clause 10.1 of the Terms)death, personal injury and/or damage to property caused by any Bespoke Goodssupplied and/or manufactured in accordance with the Specification),
and this clause 6 shall survive termination of the Contract.