Conditions of Supply of Goods from ABCD English updated 30/4/15 We (ABCD English) agree to supply the goods on the terms of the conditions below. We will not be bound by any other conditions contained or referred to in your order form or other documents or correspondence. We will not agree to any alterations of these conditions unless we accept the alterations in writing. 1. Payment and Delivery a. Pre-payment is required unless we agree otherwise, which will be at our discretion. If we agree to give you credit we require payment within 28 days. If this is not received we reserve the right to charge interest at 5% above the Bank of England base rate. b. We accept no liability if the goods are delivered late, although we will do our best to deliver them promptly. Where goods are indicated as pre-orders there are occasionally significant delays out of our control. c. If we do not deliver the goods, for example if we haven’t receive payment or we feel that is unsuitable or undesirable to supply to you, we shall have no liability or obligation to you. d. Postage charges apply as state on our website and marketing literature. If a faster delivery payment is made and we fail to delivery on time we shall issue a full postage refund but accept no further penalties or liability. e. Debit and credit cards incur a charge as per our website. 2. Returns & Cancellations a. You can preview most goods on our website. We only accept returns, at our discretion, if the goods have substantial quality issues and that you provide full details of the issues including page numbers within two months. b. If the goods are damaged in transit we will send a replacement on receipt of the damaged goods. c. The return cost is always the responsibility of the customer. d. We will not accept returns which we do not receive therefore we recommend that you send returns by recorded delivery. 3. Licence Terms. You must adhere to the licence terms below and any additional licence restrictions stated on the invoice and in the goods: a. Student Licences may ONLY be used by one person whom is either the purchaser or a person nominated by the purchaser. b. Tutor Licences may ONLY be used with the purchasing tutor’s students who attend their sessions in person. c. Institution Licences may ONLY be used with its tutors with students who are officially enrolled with the institution at the agreed address as stated on your invoice. Further, these enrolled students must regularly attend the institution at this address. d. Employer Licences entitle goods to ONLY be used with interview candidates and employees. 4. Scope of the goods a. We strive to publish high quality teaching and learning resources and thus carry out proofreading, checks against the specification where relevant and technical subject checks. We also strive to provide accurate marketing descriptions that do not overstate what the resources provide. Nevertheless you should not use any goods from us as the sole reference for any exam, test or qualification and no legal responsibility is accepted for any errors, omissions or misleading statements. b. We do not accept liability in any circumstances and whether in contract, tort or on any other basis whatsoever and however caused for (a) any economic losses including without limitation loss of revenues, profits, contracts, business or anticipated savings, (b) any loss of goodwill or reputation or (c) any special, indirect or consequential damage of any nature whatsoever. c. Our total liability to You whether in contract, tort (including negligence or breach of statutory duty), breach of third party rights, or otherwise howsoever arising, shall not in any event exceed the level of insurance that We have in relation to our business at any particular time, or in relation to any particular event, whichever is the lower. d. We often provide website links that we consider useful. However we don’t carry out detailed checks of those website and also they can change, so we cannot accept any responsibility of the information on them. 5. Important Legal Bumph a. We require you to indemnify us from and against all claims, actions, demands, proceedings, damages, costs, charges and expenses arising out of or in connection with the supply of the goods to you and/or your use of them in teaching and related activities. b. We shall not be liable for any loss or damage arising from any occurrence unless a claim is formally notified in writing before the expiry of two years from the date of order. c. We will not accept responsibility for any delay in or failure to supply the Goods which is caused by factors beyond our control which shall include but not be limited to acts of God, acts of governmental or any other lawful authority, strike, civil commotion, flood, fire, explosion, epidemic, trade embargo, failure of utilities or equipment or any other acts or omissions on the part of any third party. d. You may not assign an agreement subject to these Conditions in whole or in part without our prior written consent; though we may assign the same without your consent. You, our assignees, our successors and we are the only persons who shall have any rights pursuant to such agreements. e. These Conditions set out the entire agreement and understanding of both of us relating to the subject matter thereof and supersede all prior discussions between Us and all prior memoranda of intent or understanding and all previous documentation. f. The construction, validity and performance of an agreement subject to these Conditions shall be governed in all respects by English law and we agree to submit to the non-exclusive jurisdiction of the English courts.
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