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In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:
“the Buyer” means the person, firm or company who purchases the Product from the Partnership:
“the Partnership” means The Big News Company of 21 Abbeydale Oval, Leeds, LS5 3RF;
“Contract” means the contract between the Partnership and the Buyer which shall be deemed to incorporate these Terms;
“Product” means any product agreed in the Contract to be supplied by the Partnership to the Buyer;
“Place of Delivery” means the place to which the Goods are to be delivered.
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time. |
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The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.
No terms and conditions put forward by the Buyer whether contained in any confirmation of order, purchase order or other document of the Buyer will form part of the Contract. |
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Unless otherwise agreed in writing, the Place of Delivery shall be the address specified in the Buyer's order.
Any dates specified by the Partnership for delivery of the Product are intended to be an estimate only. If no date is specified for delivery of the Product, delivery shall be within a reasonable time.
Subject to the other provisions of these Terms, the Partnership shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Product nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days.
If, at the time of placing the order, the Partnership is aware that it will not be able to deliver the goods within 3 days of the delivery date, the Partnership will contact the Buyer and the Buyer will at the time be able to cancel the Contract without liability to the Partnership.
The Partnership accepts no liability whatsoever for any damage howsoever caused for any photographs or other materials provided by the Buyer to the Partnership.
The Partnership shall use reasonable endeavours to ensure that the Product shall reach the Buyer in a satisfactory state. However, the Partnership accepts no responsibility for any damage caused to the Product or any photographs or other materials being returned to the Buyer during transit. |
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Risk in the Product shall pass to the Buyer on delivery.
Ownership in the Product shall not pass to the Buyer until the Partnership has received in full in cleared funds all sums due to the Partnership in respect of the Product and all other sums which are or may become due to the Partnership from the Buyer on any account.
Until ownership of the Product has passed to the Buyer, the Buyer shall:
hold the Product on a fiduciary basis as the Partnership's bailee;
store the Product separately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Partnership's property;
not destroy or deface any identifying mark on the Product or their packaging; |
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| The price for the Product shall, unless otherwise agreed, be the price set out on the date of delivery in the Partnership's price list. |
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Subject to any special terms agreed in Writing between the Buyer and the Partnership, the Buyer shall pay for the Product in full at the time of placing the order.
Payment shall not be deemed to have taken place until the receipt by the Partnership of cleared funds. |
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The Partnership relies solely on information provided by the Buyer to produce the Product. The Partnership accepts no responsibility for the accuracy or otherwise of the Product. The Partnership accepts no responsibility for any damage or distress caused by the content of the Product.
The Partnership reserves the right to refuse any order and shall not be obliged to give any reason for its refusal.
The Buyer acknowledges that in submitting any photographs or other materials to the Partnership, the Partnership shall not be in breach of any copyright in reproducing or using the photographs or materials in any way whatsoever. The Buyer shall indemnify the Partnership against any liabilities incurred as a result of any breach of any third party rights, including copyright, contained within any photographs or other materials. |
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| Any cancellation of an order must be notified to the Partnership by e-mail or telephone (for the purposes of which a message will be deemed to be sufficient) within 48 hours of placing the order. Any cancellation after this period will incur a 50% charge or, if production has already commenced, a 100% charge. |
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| All rights to and in the Product belong to the Partnership and the contents of the Product are copyright works, the copyright in which belongs to the Partnership. The Partnership reserves the right to be asserted as the author of the Product and owns all moral rights in relation to the same. |
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The Partnership warrants that the Product is of satisfactory quality.
All terms, conditions, warranties and representations whether implied or made expressly by the Partnership its servant or agents relating to the fitness for the purpose of the Product are excluded to the fullest extent permitted by the law.
If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Partnership within 30 days of the discovery of the defect and give the Partnership a reasonable opportunity to inspect the Product in question.
The Partnership shall not be liable for any breach of warranty if the Buyer makes any further use of the Product after giving such notice or alters or repairs the Product without the agreement of the Partnership.
The Partnership's liability under the warranty shall be limited to repairing or replacing the Product in question or refunding the price of the Product. |
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| The Partnership's liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the total price paid for the Product and the Partnership shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages. |
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| If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes, power cut, lightning strike or civil commotion, it shall notify the other and the first party's obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure. |
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If any provision of these Terms is held to be invalid or unenforceable, then the remaining provisions of the Terms and of the paragraph in question shall remain in full force and effect.
The paragraph headings in these Terms are used solely for the sake of convenience and shall not have any legal or contractual significance.
These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.
18 September 2003
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