Definition
Seller refers to the party to whom the order for purchase has been given.
Client refers to the person or organization placing the order.
Goods or a service refers to the product for which the seller has placed an order with the client.
Application
The terms and conditions are valid for any goods or services provided by the Seller to the Client.
Pricing
The pricing, quantity of goods, and time of delivery mentioned in the articles are not binding on the Seller, but the Seller will make all efforts to fulfil the stated estimates.
Payment
All invoices of the Seller shall be paid by the Client within seven (7) days of the date of purchase unless otherwise agreed by the Seller. In the event of late payment, the Seller may charge interest on the amount outstanding before and after judgment.
If any amount of the invoice is disputed by the Client, the Client shall inform the Seller of the grounds for such dispute within seven days of delivery of the goods and shall pay to the Seller the value of the invoice less the disputed amount in accordance with these payment terms.
Where the Seller requires payment of a deposit, the Client acknowledges that the deposit is not returnable.
All fees are exclusive of value added taxes which will be added to invoices where appropriate.
Delivery
Delivery by the Seller will be deemed to have taken place when the materials are handed to the custody of the Client at his premises or to a deputed messenger or courier when posted. The Seller will be entitled to charge the Client for any expenses of delivery other than normal postage charges.
If an order is, at the Client's request, sent electronically, the time recorded on the sending equipment shall be deemed the time of delivery, system delays notwithstanding. (nb - electronic dispatch can be provided only on request and at the Client's risk. The Seller reserves the right to substitute conventional delivery methods without notice or penalty should electronic dispatch prove inconvenient.)
Cancellation
In view of the nature of the service, any order - once confirmed by the Company - is not cancellable. Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by the list-owner on account of his expenses, work or cancellation conditions will be reimbursed to the Company forthwith.
Loss or Damage to Goods
The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of the services or materials it supplies to the Client (or which may be received from the Client).
Warranty
The Company warrants that it has the right to provide the Goods but otherwise the Goods are provided on an "as-is" basis without warranty of any kind, express or implied, oral or written including, without limitation, the implied conditions of merchantable quality, fitness for purpose and description, all of which are specifically and unreservedly excluded. In particular, but without limitation, no warranty is given that the Goods are suitable for the purposes intended by the Client.
The Company warrants that the Goods will be supplied using reasonable care and skill. The Company does not warrant that the Goods supplied are error-free, accurate or complete.
Both parties warrant that they are registered under the Data Protection Act in respect of the collection, processing and use of the Goods. Each party will comply with the Act including but not limited to its obligations in respect of any personal data which it may supply to or receive from the other party.
Limitation of Liability
The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. Any liability of the Company shall in any event be limited to the license fees paid by the Client in the year in which the event of default arises.
The Client shall fully indemnify the Company against any liability to third parties arising out of the Client's use of the Goods.
