In these conditions the "Company" means Albury Books. The "Customer" means the person, firm or company purchasing Services from the Company. "Contract" means the contract of sale between the Company and the Customer. "Services" means any content and/or services forming the subject matter of the Contract. "Contract price" means the price of the Services.
These general terms and conditions shall govern any contract unless otherwise agreed in writing, to the exclusion of any other terms, conditions and warranties (whether written or oral, express or implied). These terms and conditions shall supersede any other terms or conditions, and no addition, amendment or modification of these terms and conditions shall be effective unless it is in writing and signed or accepted by a director of the Company.
Prices quoted are based upon current costs. All prices are quoted subject to sight of Customer's materials and subject to confirmation. Unless otherwise stated all charges for couriers, postage, carriage, freight, taxes, and customs duties where applicable, are not payable by the Company. Prices may be amended due to currency exchange rate fluctuations. The cost of all author's corrections, alterations to style, and additional proofs necessitated by such corrections and alterations will be added to the contract price. Any preliminary work for whatever purpose whether experimental or not may be charged to the Customer.
The Company will use all reasonable endeavours to supply the Services to the Customer by the date agreed, but time is not to be the essence in so far as supply is concerned and the Customer will not be entitled to cancel the contract or to any compensation for late delivery. Should any suspension or delay by the Customer halt production for more than 30 days the Company will be entitled to payment for work already completed in connection with the Services.
Prices quoted by the Company are payable in advance, unless otherwise agreed. If payment by the Customer to the Company is overdue at any time under any other contract of sale between them the Company shall have the right to suspend the Services or withhold fulfilment of the Services under this Contract until such payment has been made, and the Company shall incur no liability of any kind to the Customer in the exercise of this right. The Company reserves the right to charge interest at a rate of 5.0% per annum over UK Bank Base rate on all amounts outstanding beyond the due date.
Customer's materials will subject to paragraph 7 be held at the Customer's risk. The Company will not be liable for any loss or damage to Customer's materials while held by the Company or the Company's agents. Where property is supplied to the Company by or on behalf of the Customer it will be held, worked on, and carried at the Customer's risk. The Company reserves the right to reject Customer's materials which it considers unsuitable.
The Company accepts no liability and is not insured for loss or damage to documents, transparencies, artwork, layouts, or any other materials in physical or digital form howsoever supplied or transmitted by the Customer whilst in the Company’s possession or control. The Customer hereby warrants that no reproduction, alteration, storage or use of words and images or any other information, data or material by the Company at the Customer’s request will infringe in any way any copyrights, licences or other rights and that any screen or printer fonts, data or picture files supplied by the Customer to the Company shall comply with the software vendors’ site license and/or any other copyright or other agreements. The Customer hereby agrees to indemnify the Company in respect of all claims, actions, proceedings, liability, loss, damage, costs and expenses arising out of any claim that the copying, processing or use of such words or images or other material, or any such fonts or other software supplied to the Company for processing, constitute an infringement of any copyright or licence, or any other rights of third parties. As it is possible for corruptions to occur during the process of downloading digital files from the system to storage media, it is the responsibility of the Customer to check all files of digital information supplied to or by the Company immediately. In the event that any file proves to be corrupted, the Customer will replace such corrupted files free of charge provided that the Company notifies the Customer in writing within 28 days of receipt of any such corrupted file, that the file containing the corruption is returned, and that the fault is clearly demonstrated. The Company will accept no liability for any problems the Customer may have in reading digital storage media due to faults or unsuitability of the Customer's equipment, nor for degradation of storage media itself for whatever reason such has or will occur. The Company will accept no liability whatsoever for any problem reported regarding digital files supplied to the Customer if more than 28 days have elapsed since such digital files were submitted by the Customer.
All Customer’s materials supplied to the Company will remain the Customer’s property. All materials generated by the Company from Customer’s materials which do not form part of the finished product will remain the Company’s property.
a) save as set out at (b) below, the Company gives no warranty or condition, express or implied, statutory or otherwise of materials, workmanship or fitness for purpose of the Services b) the Company undertakes to supply the Services with reasonable care and skill and in accordance with generally recognised commercial standards; and the Services will conform in all material respects with all descriptions and specifications provided to the Company by the Customer
a) for death or personal injury resulting from the negligence of the Company or that of its servants or agents; or b) in relation to any other liability which may not by applicable law be excluded or limited is not excluded or limited. Subject to the above, and except for any; a) grossly negligent acts causing damage to real or personal property or persons occurring in pursuance of any contract, or b) intentionally wrongful acts to property or persons, the Company’s liability for damages in respect of any breach of this agreement shall in no event exceed the invoice value of the Services supplied thereunder. Subject to all the above, and in addition to any specific exclusion or limitation of its liability herein, the Company accepts no liability for any indirect or consequential loss or damage (howsoever arising and even if the Company has been notified of the possibility of such loss or damage), including loss of profits, loss of sales, loss of turnover, loss of bargain, loss of opportunity, loss of computer hardware, software or data or loss of time on the part of management or other staff or any liability for third party claims against the Customer.
The Company shall not be required to utilise any matter which it considers is, or may be, illegal, immoral, indecent, scandalous, libellous, or may otherwise give rise to legal proceedings. The Customer hereby warrants that no matter or materials which it requires or causes the Company to utilise or possess shall be in any way whatever an infringement of any copyright, patent, trade mark, or design or other right, and contains nothing defamatory, obscene, indecent, blasphemous, objectionable, in breach of the Official Secrets Acts or in any other way illegal or in breach of any duty or obligation of confidence. The Customer hereby agrees to indemnify the Company in respect of all claims, actions, proceedings, liability, loss, damage, costs and expenses arising out of any breach, or claimed breach, of the above warranty.
The Company shall not be liable for any delay or failure in its obligations which is caused wholly or partly by reason of Act of God, delay in transportation, labour disputes, fire, flood, war, drought, accident, government action, inability to obtain adequate labour, materials, development facilities or energy, or any other cause beyond the Company's control or that of its servants or agents, and if the delay or failure has continued for a period of 12 weeks then either party may elect to give notice in writing to the other party terminating the contract and then the Customer will pay for work done and materials used. Subject to this right to elect, the contract shall otherwise continue and the Customer shall accept delivery in accordance with the provisions of Clause 5.
This contract shall be governed by English Law, and the Customer shall submit to the non-exclusive jurisdiction of the English courts.Albury Books