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1.
Definition
In these conditions SPBL means SPBLs “School
Prayer Books Limited” and the “Purchaser” means the person, firm,
school, or body corporate buying from SPBL.
2.
The Law
These conditions and all other express terms of the
Contract shall be governed and construed in according with the laws of
England.
3.
Delivery and Payment
3.1
Delivery of work shall be accepted when tendered and thereupon or
if earlier on notification that the work has been completed, payment
shall become due.
3.2
Unless otherwise specified the price is for delivery of the work
to the Purchaser’s address as set out on the Order Form.
3.3
Should work be suspended at the request of or delayed through any
default of the Purchaser for a period of 30 calendar days SPBL shall
then be entitled to payment for work already carried out, materials
specially ordered and other additional costs including Storage.
3.4
SPBL will not be liable for any loss or damage of any kind
whatsoever caused directly or indirectly by any delay in delivery of
goods nor will any such delay
4.
Ownership and Risk
4.1
Goods supplied by SPBL shall remain SPBL’s property until the
Purchaser has paid for them and discharged all other debts owing to SPBL.
4.2
The risk in all goods delivered in connection with the purchase
shall pass to the Purchaser on delivery.
4.3
If the Purchaser shall sell the goods before they have been paid
for in full he shall hold the proceeds of sale on trust for SPBL until
any sum owing to SPBL has been discharged from such proceeds.
4.4
Covers produced with School Crest and School details will remain
the copyright property of said School.
In line with the terms of operation SPBL will retain file copies for the purpose of re-orders.
5.
Claims
Advice of damage, delay or loss of goods in transit
or of non-delivery must be given in writing to SPBL and the carrier
within three clear days of delivery (or, in the case of non-delivery,
within 28 days of notification of despatch of the goods) and any claim
in respect thereof must be made in writing to SPBL and the carrier
within seven days of delivery (or in the case of non-delivery,
within 42 days of notification of despatch).
All other claims must be made in writing to SPBL within 28 days
of delivery. SPBL shall not
be liable in respect of any claim unless the aforementioned requirements
have been complied within except in any particular case where the
Purchaser proves that (i) it was not possible to comply with the
requirements and (ii) advice (where required) was given and the claim
made as soon as reasonably given.
6.
Liability
6.1
SPBL shall not be liable for indirect loss or third party claims
occasioned by delay in completing the work or for any loss to the
Purchaser arising from delay in transit, whether as a result of SPBL’s
negligence or otherwise.
6.2
Insofar as is permitted by law where work is defect for any
reason, including
negligence, the printer’s liability (if any) shall be limited to
rectifying such defect.. Where
SPBL perform its obligations to rectify defective work under this
condition the Purchaser shall not be entitled to any further claim in
respect of the work done nor shall the Purchaser be entitled to treat
delivery thereof as a ground for repudiating the contract, failing to
pay for the work or cancelling further deliveries.
7.
Preliminary Work
7.1
All work carried out whether experimentally or otherwise at the
Purchasers requests shall be chargable.
7.2
Proofs of all work may be submitted to the purchases for the
Purchasers approval and SPBL shall incur no liability for any errors not
corrected by the Purchaser in proofs so submitted.
8.
Purchaser’s Property
Purchaser’s property and all property supplied to
SPBLs by or on behalf of the Purchaser will be held worked on, and
carried at Purchaser’s risk. Retrieval
of all property remains the responsibility of the Purchaser.
9.
Price Variation
Prices quoted are based upon the current costs of
production, and unless otherwise agreed, are subject to amendment on or
at any time after acceptance to meet any rise or fall in such cots.
10.
Terms of Payment
10.1
The price will become payable when SPBL sends its invoice to the
Purchaser and payment will be due 30 days from the date of the invoice.
10.2
Where the Purchaser has reported to SPBL damage or other defects
payment must still be made by the Purchaser to SPBL in accordance with
Clause 8.1.
11.
Illegal Matter
11.1
SPBL shall not be required to print any matter which in its
opinion is or may be of an illegal or libellous nature or an
infringement of the propriety or others rights of any third party.
11.2
SPBL shall be indemnified by the Purchaser in respect of any
claims, costs and expenses patent design or of any property or personal
rights contained in any material printed for the Purchaser. Indemnity shall extend to any amounts on legal advice and
settlement of any claim.
12
Force Majeure
SPBL shall be under no liability if they are unable
to carry out any provision of the order for any reason beyond their
reasonable control including (without limiting the foregoing): Act of
God; legislation; war; fire; flood; drought; inadequacy or unsuitability
of any instructions, electronic file or other date or materials supplied
by the Purchaser; failure of power supply; lock-out, strike or other
action taken by employees (or supplier employees) in contemplation or
furtherance of a dispute; or owing to any inability to procure materials
required for the performance of the order.
During the continuance of such a contingency the Purchaser may by
written notice to SPBL elect to terminate the order an pay for work done
and materials used, but subject thereto shall otherwise accept delivery
when available.
13 Copyright
a)
School Crest and School specific information included in the
School Prayer Book remains the copyright property of the said school
b)
The School Prayer Book remains the copyright of School Prayer
Book Limited. The prayers
used are produced with the permission of relevant parties. |
