TERMS AND CONDITIONS OF BUSINESS
1. DEFINITIONS. In these Terms and Conditions "The Company" means Open Study Group Limited, and "The Customer" means any individual or organisation purchasing hiring or licensing goods or services from The Company.
2. GENERAL CONDITIONS AND VARIATION. The placing of an order by The Customer shall imply acceptance of these Terms and Conditions. Any waiver by The Company of any breach of these Terms and Conditions shall not prejudice the subsequent enforcement of the term and shall not be deemed to be a waiver of any subsequent breach. No agent intermediary distributor wholesaler dealer representative or any other person shall have the authority to vary these Terms and Conditions without the prior agreement in writing of a Director of The Company. In the absence of a specific agreement to the contrary in writing by a Director of The Company, these Terms and Conditions shall override and exclude any other terms stipulated or incorporated or referred to by The Customer.
3. OFFERS AND ACCEPTANCE. No contract shall exist between The Company and The Customer until an offer of payment for goods or services has been accepted by The Company.
4. PRICES. The Company reserves the right to alter prices at any time without prior notice. Notwithstanding any previous quotation, prices are subject to VAT where applicable at the rate ruling at the date of despatch of goods or execution of an order for services.
5. PAYMENT. In the absence of a specific agreement to the contrary in writing by a Director of The Company, terms of payment shall be strictly cash with order. Where exceptionally credit facilities are offered, full payment shall be made within 28 days of the date of the invoice. The Company reserves the right to charge interest at 2% per calendar month or part thereof on all overdue payments.
6. RISK AND OWNERSHIP. While risk of loss or damage to goods supplied by The Company shall pass to The Customer on delivery, ownership shall not pass until all charges relating to the goods have been paid in full, which condition shall not have been met until any cheque or other instruments of payment have been honoured. Goods which are the property of The Company shall be returned to The Company on demand at The Customer's expense and The Company shall have the right to enter any premises of The Customer for the purpose of recovering the goods. Demand for or recovery of the goods by The Company shall not of itself discharge either The Customer's liability to pay the charges relating thereto or the rights of The Company to sue for their payment. This clause shall be subject only to the provisions of the Consumer Credit Act 1974 governing any agreement between the Company and The Customer.
7. WARRANTY. All Open Study Group products are guaranteed against defects in materials or workmanship for one year from the date of sale to the original purchaser and shall be repaired or replaced at The Company's option without charge if returned to The Company’s premises within the Warranty period at The Customer's expense. Defects deemed by The Company to be due to accident or abuse shall not be covered by this Warranty. Resale other than by an accredited dealer, unauthorised tampering with goods or use other than in accordance with The Company's current instructions and recommendations shall invalidate this Warranty. This Warranty shall be in lieu of any other warranty or condition except any implied by law which by law cannot be excluded. Except when The Customer buys as a consumer The Company accepts no liability for any alleged breach of contract of sale whether expressed or implied by statute save as covered by this Warranty.
8. EXAMINATION AND DAMAGE IN TRANSIT. It shall be the responsibility of The Customer to examine all goods on delivery and report any signs of damage to The Company within 14 days of the date of the invoice or 10 days of the date of delivery, whichever is the later. All claims for damage in transit must be directed to the carrier.
9. FITNESS FOR PURPOSE. Goods supplied by The Company must only be used for the purpose for which they are designed and in accordance with The Company's current written instructions. No claims of any nature will be entertained if this condition is broken. It shall be the responsibility of The Customer to ensure that goods ordered are fit for the intended purpose.
10. RETURNS AND CANCELLATIONS. Except where otherwise provided by law, goods may only be returned or orders for goods or services cancelled with the prior consent of The Company. Except in the case of goods returned for repair, The Company reserves the right not to agree to the cancellation of orders relating to the purchase of goods or services, or to sanction the return of goods despatched, or to accept any request for a cancellation of a booking or to refund any monies paid in advance by The Customer for courses (including distance learning courses) seminars conferences meetings or gatherings of any kind or for any meals accommodation or other services after the receipt of a valid order from The Customer. If the Company agrees to such return or cancellation The Company reserves the right to levy an administration charge of 20% of the value of each item returned or ordered, subject to a minimum charge of £2. Returned goods for which the charges have not been pre-paid in full shall be retained at the Company’s premises for a period of six months from the date of return to The Company and The Company shall then have the option of selling the goods to recoup all charges due together with the reasonable cost of storage.
11. LIABILITY. Except for any liability which may be incurred for death or personal injury resulting from negligence or under Part 1 of the Consumer Protection Act 1987 The Company shall not be liable in any way whatsoever whether in contract, in tort, in misrepresentation or otherwise for any consequential or other loss damage or injury however caused which may arise out of or in connection with the supply of goods or services to The Customer or any delay or failure in supplying goods or services or the absence of goods from The Customer's premises. In the case of cancellation of any event or service which The Company is contracted to provide to The Customer by reason of a valid order by The Customer the liability of The Company shall be limited to a refund of any monies paid in advance by The Customer in respect of the cancelled event or service and The Company shall not be liable for any consequential loss or damages.
12. EXPORT. Export sales shall be subject to The Company's Terms and Conditions of Export which are available on request, without prejudice to the existence of any other terms of agreement.
13. DATA PROTECTION ACT. Details of all persons and bodies having dealings with The Company may be stored on computer.
14. CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000. The Customer has the right to cancel any order within seven working days from the day after the goods are received and to have any advance payment refunded within thirty days of the cancellation. If this right is exercised The Customer shall return the goods to the Company in good condition or make them available for collection by the Company or its agents. In either case the cost of returning the goods shall be borne by The Customer, if necessary as a deduction from any refund. Audio and video material and computer software on CD or DVD are exceptions to the provisions of the Consumer Protection (Distance Selling) Regulations 2000 and except in the case of faulty goods The Company will not accept their return or give any refund therefor if the seal on the immediate packaging is broken.
15. SUBSIDIARIES AND ASSOCIATED COMPANIES. These Terms and Conditions shall also apply to The Company's subsidiaries and associated companies.
16. LAW. Any dispute between The Company and The Customer shall be subject to English Law and be settled under the jurisdiction of the English Courts.