Terms
| STANDARD TERMS AND CONDITIONS FOR THE SALE OF DOCUMENTS | |
| 1.Definitions | |
| 1.1 | 'Buyer' means the person, firm or Company who agrees to buy or buys the documents from the Seller. |
| 1.2 | 'Seller' means Facilities Services Centre Limited, PO Box 7490, Chelmsford, CM2 8XQ. |
| 1.3 | 'Documents' means the documents which the Buyer agrees to purchase from the Seller. |
| 1.4 | 'Price' means the price for the documents. |
| 1.5 | 'Delivery Date' means the date when the documents are to be delivered by the Seller to the Buyer. |
| 1.6 | 'Conditions' means the terms and conditions of sale set out in this document and any other terms and conditions set out within the documents. |
| 2. Terms and Conditions | |
| 2.1 | The terms and conditions set out in this document shall apply in respect of any sale of documents by the Seller to the Buyer and all other terms and conditions including any terms or conditions which the Buyer may attempt to apply under any confirmation or purchase order or similar document is and shall hereby be excluded. |
| 2.2 | A variation to these Conditions shall not apply unless agreed to in writing by the Seller. |
| 2.3 | Any order for documents received by the Seller from the Buyer is and shall be deemed to be an offer by the Buyer to purchase documents only under these Conditions. |
| 2.4 | Once the Buyer has accepted e-mailed delivery of the documents, the same shall be conclusive evidence of the Buyer's acceptance of these terms and conditions. |
| 2.5 | Order acceptance and the completion of the contract between you and us will take place on the dispatch of the Products ordered to you unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions in How to Cancel and Order. Non-acceptance of an order may be a result of one of the following: |
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| 3. The Documemts | |
| 3.1 | The amount and description of the documents shall be as set out on the Seller's web site. The documents are offered on the basis that they are typical of their type and the Buyer has a duty to alter them to suit his particular circumstances and the statute law of the country of operation. Where the Buyer requests the Seller to review altered documents the Seller undertakes to use his expertise to comment on such changes. |
| 3.2 | The Seller may, at its discretion and when it considers it appropriate alter the specification of the documents provided that such alterations do not materially affect the quality or fitness for the purpose of the documents or such changes may be made by the writer of the documents. |
| 3.3 | Any and all implied terms, conditions and warranties, so far as the law may allow, relating to the quality and/or fitness for purpose of the documents or any of the documents (whether made orally or in writing or in any of the Seller's brochures, catalogues or advertisements) are hereby excluded. |
| 3.4 | The Seller retains the copyright, design right and other intellectual property in the documents. |
| 4. Payment of the Price | |
| 4.1 | The Price shall be the price set out on the Seller's web site. |
| 4.2 | Payment of the Price shall be made by credit card at the time of purchase or by cheque on receipt of invoice. The Seller operates a secure card transaction procedure through "Worldpay". Documents will not be dispatched until payment has been received. |
| 4.3 | "The Buyer shall be responsible for the payment of any local Taxes or Duties. |
| 4.4 | The price or prices quoted are inclusive of the costs of carriage and packaging. |
| 5. Delivery | |
| 5.1 | The documents shall be delivered to the Buyer's e mail address in Plain Text Format to satisfy most software systems within seven days of payment being made. The Buyer shall make any arrangements that may be necessary to take delivery of the documents whenever they are tendered by the Seller for delivery. |
| 5.2 | The Seller shall not be liable for any loss or damage whatsoever whether due to failure by the Seller to deliver the documents (or any of them) on a particular Delivery Date. |
| 6. Warranties and Liability | |
| 6.1 | The Seller warrants that the documents will at the time of delivery correspond to the description given by the Seller. Any and all other conditions or terms relating to fitness for purpose, merchantability or condition of the documents and whether implied by statute or common law or otherwise are excluded to the extent allowed by the law. |
| 7. Acceptance | |
| 7.1 | The Buyer shall be deemed to have accepted the documents when they have been e mailed by the Seller. |
| 7.2 | After having accepted the documents, the Buyer shall not be entitled under any circumstances to reject the documents except if they are not in conformity with the contract. |
| 8. Title and Risk | |
| 8.1 | Title to the documents shall not pass from the Seller to the Buyer until the Seller shall have been paid the Price in full together with any other sums which shall be due from the Buyer to the Seller under this Contract or any other Contract. |
| 8.2 | Copyright of the documents shall remain with the Seller. |
| 8.3 | The Buyer may not sell, copy or use the documents for any purpose other than that which they are intended. |
| 9. Remedies | |
| 9.1 | The Seller shall have no liability to the Buyer whatsoever in respect of any loss or expense (including loss or profit) whether direct or indirect suffered by the Buyer arising out of a breach by the Seller of this Contract. |
| 9.2 | The Buyer shall inspect the documents and notify the Seller of any alleged damage, defects, failure to comply with the description or sample or shortness in quantity within seven days of delivery. The Buyer shall return them to the Seller forthwith following delivery and before any use is made of them. If the Buyer shall fail to comply with these provisions, the Buyer shall be deemed to have accepted the documents. |
| 9.3 | Any Warranties and Conditions which may be implied by Statute or otherwise are to the extent allowed by the law excluded from this contract. |
| 10. Force Majeure | |
| 10.1 | Neither party shall be liable for any default due to any act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party. |
| 11. Law | |
| 11.1 | This Contract is subject to the Law of England and Wales. |
| 11.2 | All disputes arising out of this Contract shall be subject to the jurisdiction of the Courts of England and Wales. |