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© Heir Line Limited 2010
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1. TERMS AND CONDITIONS OF SALE
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Heir Line Ltd of 160 WRENTHORPE LANE, WRENTHORPE, WAKEFIELD.
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 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.
2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.
2.6 The Seller reserves the right to withdraw any offer, price, promotion or competition at any time.
3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the provided quotation which subject to the Buyer’s agreement. Our business is not currently VAT registered as it does not yet need to be so prices are not subject to VAT.
4.2 For all orders over £100 a deposit of £100 will be chargeable, to be paid at the point of commissioning our services. Outstanding balances are to be cleared within 28 days of receipt of the fulfilled order. Orders below £100 must be paid in full before work is commenced.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update its pricing structure, which cannot be guaranteed for any period of time. The Seller will ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any goods at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods or for refusing to process an order.
6 DELIVERY
6.1 If there are problems with an order The Seller may not accept the order until the problems have been resolved by The Buyer.
6.2 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
6.3 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.4 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
7 CANCELLATION AND RETURN
7.1 No Goods are sold to the Buyer on a sale or return basis. The Buyer has no right to reject or return Goods without the consent of the Seller.
7.2 The Buyer must report any damaged goods to the Seller by email (mike@interactedfilms.co.uk) within 48 hours of receiving them. Failure to do so will result in the Seller not accepting responsibility. Upon agreement with the Seller, damaged goods shall be returned to the Seller. The Seller will cover the cost of returning the Goods using Royal Mail 1st or 2nd Class Recorded Delivery. Products must be received by the Seller to qualify for a replacement free of charge. Please email us for a return address.
8 LIMITATION OF LIABILITY
8.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
8.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
9 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
10 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, failure of any communications, telecommunications or computer system, 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.
11 SEVERANCE
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.
12 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
13 GOVERNING LAW AND JURISDICTION
These Terms and Conditions 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.
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