DEFINITIONS
In these Conditions:- “the Company” means Hayward Medical Communications; “the Customer” means the person, firm, company or organisation who orders the Commissioned Work pursuant to these Conditions; “the Customer’s Materials” means all materials delivered to the Company by the Customer; “the Commissioned Work” means the physical design work, copying, printing or other work howsoever described including where the context so admits, each edition of a periodical publication ordered by the Customer from the Company; “Intellectual Property Rights” means any copyright, design right, registered design, trade mark whether registered or not, right of confidentiality or any other similar right whether arising in the United Kingdom or elsewhere in the world.
1. TAX
Unless expressly stated to the contrary all costs and fees are exclusive of any applicable value added or any other sales tax, for which the Customer shall be additionally liable.
2. DELIVERY
(a) The Company shall use its reasonable endeavours to meet delivery dates but, unless otherwise agreed in writing, time shall not be of the essence of the contract. In no circumstances shall the Company be liable for any delay in transit, howsoever caused.
(b) 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. VARIATIONS IN QUANTITY
Every endeavour will be made to deliver the correct quantity ordered.
4. POSTAGE, SHIPPING AND FREIGHT COSTS
These prices include postage, packing and delivery within the UK, Europe or Rest of the World.
5. CLAIMS
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the Company and the carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to the Company and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of dispatch). All other claims must be made in writing to the Company within 28 days of delivery. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer 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 possible. Refunds are given at the discretion of company.
Refunds will only be made on failure to supply the goods.
5. FORCE MAJEURE
The Company shall be under no liability if they shall be unable to carry out any provision of the contract for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation of furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to the Company elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
6. SEVERANCE
In the event of any provision of these Conditions being or becoming legally ineffective or unenforceable either in its entirety or in part this shall be without prejudice to the validity of and shall not invalidate the remaining provisions of these Conditions which shall remain in full force and effect.
7. ENTIRE AGREEMENT
These Conditions constitute the entire agreement of the parties as to the subject matter hereof and supersede all previous agreements and undertakings (if any) between the parties and all representations made with respect thereto provided that this shall not exclude any liability which one party would otherwise have to the other party in respect of any statements made fraudulently by that party prior to the date of this agreement.
8. APPLICATION
The Company and the Customer shall contract subject to these Conditions which shall govern their relationship to the exclusion of any other terms and conditions contained or referred to in the Customer’s order or in correspondence or elsewhere or implied by trade custom, practice or course of dealing and any purported provisions to the contrary are hereby excluded. No variation of these Conditions shall be binding upon the Company unless made in writing and signed by a duly authorised representative of the Company.
9. LAW
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
