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Terms


 STANDARD TERMS AND CONDITIONS

FOR SALE OF GOODS OF

ALPHABET EDUCATIONAL SUPPLIES LIMITED
 

1    DEFINITIONS 

In this document the following words shall have the following meanings:

1.1   "Buyer" means the organisation or person who buys Goods from the Seller;

1.2   "Goods" means the articles to be supplied to the Buyer the Seller

1.3   "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;

1.4   "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time; 

1.5   "Seller" means the organisation or person who sells the goods to the buyer.

2    GENERAL
 
2.1   These Terms and Conditions shall apply to all contracts for the sale of Goods
by the Seller to the Buyer to the exclusion of all other terms and conditions referred
to, offered or relied on by the Buyer whether in negotiation or at any stage in the
dealings between the parties, including any standard or printed terms tendered by
the Buyer, unless the Buyer specifically states in writing, separately from such
terms, that it wishes such terms to apply and this has been acknowledged by the
Seller in writing.
 
2.2   Any variation to these Terms and Conditions (including any special terms and
conditions agreed between the parties) shall be inapplicable unless agreed in
writing by the Seller.
 
 
3    PRICE AND PAYMENT
 
3.1   The price shall be that in the Seller’s current List Price, or such other price as
the parties may agree in writing. The price is exclusive of VAT or any other
applicable costs.
 
3.2   Where credit is given,payment of the price and VAT and any other applicable
costs shall be due within 30 days of the date of the invoice supplied by the Seller.
Payment can also be accepted by credit card at the time of ordering, or by cheque.
Orders will be despatched following cheque clearance or credit card processing.
 
3.3   The Seller shall be entitled to charge interest on overdue invoices from the
date when payment becomes due from day to day until the date of payment at a
rate of 3.00% per annum above the base rate ofthe Bank of England.
 
3.4   If payment of the price or any part thereof is not made by the due date, the
Seller shall be entitled to:
 
3.4.1 require payment in advance of delivery in relation to any Goods not previously
delivered;
3.4.2 refuse to make delivery of any undelivered Goods whether ordered under the
contract or not and without incurring any liability whatever to the Buyer for non-
delivery or any delay in delivery;
3.4.3 terminate the contract.
 
 
4    DESCRIPTION
 
Any description given or applied to the Goods is given by way of identification
only and the use of such description shall not constitute a sale by description. 
For the avoidance of doubt, the Buyer hereby affirms that it does not in any way
rely on any description when entering into the contract.
 
5    SAMPLE
 
Where a sample of the Goods is shown to and inspected by the Buyer, the parties
hereto accept that such a sample is so shown and inspected for the sole purpose
of enabling the Buyer to judge for itself the quality of the bulk, and not so as to
constitute a sale by sample.
 
6    DELIVERY
 
6.1   Unless otherwise agreed in writing, delivery of the Goods shall take place at
the address specified by the Buyer on the date specified by the Seller. The Buyer
shall make all arrangements necessary to take delivery of the Goods whenever
they are tendered for delivery.
 
6.2   The date of delivery specified by the Seller is an estimate only. Time for
delivery shall not be of the essence of the contract.
 
6.3   If the Seller is unable to deliver the Goods for reasons beyond its control,
then the Seller shall be entitled to place the Goods in storage until such times
as delivery may be effected and the Buyer shall be liable for any expense
associated with such storage.
 
6.4   The Buyer shall be entitled to replacement Goods where the Goods have
been damaged during transportation. The Buyer must notify the Seller of the
damage within 24 hours of delivery.
 
7    RISK
 
Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched
from the Seller`s premises. Where the Buyer chooses to collect the Goods itself,
risk will pass when the Goods are entrusted to it or set aside for its collection,
whichever happens first.
 
8    TITLE
 
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full
for the Goods.
 
9    WARRANTY
 
9.1   Where the Goods have been manufactured by the Seller and are found to be
defective, the Seller shall repair, or in its sole discretion, replace defective Goods
free of charge within 1 month from the date of delivery, subject to the following
conditions:
 
9.1.1   the Buyer notifying the Seller in writing immediately upon the defect
becoming apparent.
9.1.2   the defect being due to the faulty design, materials or workmanship
of the Seller.
9.1.3   replacement of the defective stock being available from the seller.
 
9.2   Any Goods to be repaired or replaced shall be returned to the Seller at the
Buyer’s expense, if so requested by the Seller.
 
9.3   Where the Goods have been manufactured and supplied to the Seller by a
third party, any warranty granted to the Seller in respect of the Goods shall be
passed on to the Buyer.
 
9.4   The Seller shall be entitled in its absolute discretion to refund the price of
the defective Goods in the event that such price has already been paid.
 
9.5   The remedies contained in this Clause are without prejudice to the other
Terms and Conditions herein, including, but without limitation, Clauses 10 and
11 below.
 
 
10    LIABILITY
 
10.1   No liability of any nature shall be incurred or accepted by the Seller in
respect of any representation made by the Seller, or on its behalf, to the Buyer,
or to any party acting on its behalf, prior to the making of this contract where
such representations were made or given in relation to:
 
10.1.1   the correspondence of the Goods with any description;
10.1.2   the quality of the Goods; or
10.1.3   the fitness of the Goods for any purpose whatsoever.
 
10.2   No liability of any nature shall be accepted by the Seller to the Buyer in
respect of any express term of this contract where such term relates in any way to:
           
10.2.1   the correspondence of the Goods with any description;
10.2.2   the quality of the Goods; or
10.2.3   the fitness of the Goods for any purpose whatsoever.
 
10.3   All implied terms, conditions or warranties as to the correspondence of the
Goods to any description or the satisfactory quality of the Goods or the fitness of
the Goods for any purpose whatsoever (whether made known to the Seller or not)
are hereby excluded from the contract.
 
11    LIMITATION OF LIABILITY
 
11.1   Where any court or arbitrator determines that any part of Clause 10 above
is, for whatever reason, unenforceable, the Seller shall be liable for all loss or
damage suffered by the Buyer but in an amount not exceeding the contract price.
 
11.2   Nothing contained in these Terms and Conditions shall be construed so as to
limit or exclude the liability of the Seller for death or personal injury as a result of
the Seller’s negligence or that of its employees or agents.
 
12    INTELLECTUAL PROPERTY RIGHTS
 
All Intellectual Property Rights produced from or arising as a result of the
performance of this Agreement shall, so far as not already vested, become the
absolute property of the Seller, and the Buyer shall do all that is reasonably
necessary to ensure that such rights vest in the Seller by the execution of
appropriate instruments or the making of agreements with third parties.
 
13    FORCE MAJEURE
 
The Seller shall not be liable for any delay or failure to perform any of its
obligations if the delay or failure results from events or circumstances outside
its reasonable control, including but not limited to acts of God, strikes, lock outs,
accidents, war, fire, breakdown of plant or machinery or shortage or unavailability
of raw materials from a natural source of supply, and the Seller shall be entitled
to a reasonable extension of its obligations. If the delay persists for such time as
the Seller considers unreasonable, it may, without liability on its part, terminate
the contract.
 
14    RELATIONSHIP OF PARTIES
 
Nothing contained in these Terms and Conditions shall be construed as establishing
or implying any partnership or joint venture between the parties and nothing in
these Terms and Conditions shall be deemed to construe either of the parties as
the agent of the other.
 
15    WAIVER
 
The failure by either party to enforce at any time or for any period any one or more
of the Terms and Conditions herein shall not be a waiver of them or of the right at
any time subsequently to enforce all Terms and Conditions of this Agreement.
 
17    SEVERABILITY
 
If any term or provision of these Terms and Conditions is held invalid, illegal or
unenforceable for any reason by any court of competent jurisdiction such provision
shall be severed and the remainder of the provisions hereof shall continue in full
force and effect as if these Terms and Conditions had been agreed with the invalid,
illegal or unenforceable provision eliminated.
 
18    GOVERNING LAW AND JURISDICTION
 
This Agreement shall be governed by and construed in accordance with the law of
England and the parties hereby submit to the exclusive jurisdiction of the English
courts.
    

PRIVACY POLICY

We do not store credit card details nor do we share customer details with any 3rd

parties.

REFUNDS/CANCELLATIONS
If you cancel your order we will return any funds paid within 30 days of cancelling
your order.  If the order has already been shipped to you, you will be responsible
for paying any charges to return the items(s) to us before a refund is made.  A
full refund will be issued upon inspection of goods, which must be returned to us
in the original packaging and with thedelivery note inside.  It is the customers
responsibility to ensure that the goods are adequately packaged and that they
return to us in a resaleable condition and quality.