Terms & Conditions of Sale by Keynotes Education Resources Ltd.
The following terms and conditions (“the Conditions”) are the terms on which KEYNOTES EDUCATION RESOURCES LIMITED (“Keynotes Education”) offers and sells to the buyer (“the Buyer)” and the Conditions supersede all other terms and conditions relating to the subject matter of these Conditions. Any sale agreement (“the Agreement”) between Keynotes Education and the Buyer shall be governed by the Conditions. Any variation to this clause must be by prior agreement in writing by Keynotes Education.
GOODS
The description and quantity of the goods to be sold (“the Goods”) shall be as set out in the quotation provided by Keynotes Education to the Buyer (“the Quotation”).
ACCURACY
Every effort has been made to ensure that products are described as accurately as possible.
VALUE ADDED TAX
VAT will be charged in accordance with UK government regulations ruling at the time of despatch.
PRICING
The price (“the Price) for the Goods may change from time to time, without notice. The Price is quoted in pounds sterling (or US dollars or EUROs depending on currency chosen on the site).
PACKING AND CARRIAGE CHARGE
Carriage charges start at £1.26 and increase upwards depending on order weight and destination. Carriage charges are clearly shown at Checkout before payment details are taken so there is the option to cancel the order before paying. For prepaid orders delivered within the UK Keynotes Education uses second class post and packing. Overseas orders are sent via Air Mail.
PAYMENT
All invoices are payable within the terms specified upon the invoice. Payment is to be made by credit card (pre-paid online orders only), sterling cheque drawn on a UK bank or bankers draft. All transaction bank charges are to be paid by the Buyer, we require net funds.
We reserve the right to exercise our statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998 if we are not paid according to agreed credit terms.
DELIVERY
Keynotes Education shall deliver the Goods to the Buyer at the address of the Buyer provided by the Buyer at the time of the order. Delivery is normally made between 3-7 days from the date of order. Please allow longer in the school holidays or during the Christmas season.
NON DELIVERY CLAIMS
Claims for non-delivery should be addressed to the Customer Service Department at Keynotes Education, The Old Barn, Crossgate, Launceston, Cornwall, PL15 9SX.
DAMAGED GOODS
The Buyer must register a claim in writing or by telephone to Keynotes Education within 3 days of delivery for the Goods received damaged on delivery.
ACCEPTANCE
The Buyer shall be deemed to have accepted the Goods if they have not been rejected on or before the 7th day after delivery. The Buyer shall not be entitled to reject the Goods in whole or in part after such date.
RETURN OF GOODS
The Goods cannot be returned to Keynotes Education without prior authorisation. The Goods returned without a return authorisation number issued by Keynotes Education will be refused and returned to the Buyer at their expense. All of the Goods are sold on a firm sale basis. However if the Buyer finds the Goods are not suitable Keynotes Education may at its discretion exchange the Goods for an alternative, subject to an additional handling charge of 10% of the Price. In such cases the Buyer must telephone for a return authorisation number and the Goods including all packaging and materials must be received by Keynotes Education in a perfect resaleable and unmarked condition, within 14 days of the invoice date.
TITLE AND RISK
The Goods shall be at the risk of the Buyer from the time of delivery. Notwithstanding delivery, title in the Goods shall not pass to the Buyer until Keynotes Education has received payment of all sums owing. Until such time as title in the Goods passes to the Buyer Keynotes Education shall have the right to repossess or otherwise recover the Goods.
LIMITATION OF LIABILITY
Save in respect of personal injury or death due to the negligence of Keynotes Education, Keynotes Education shall not be liable to the Buyer in respect of any loss suffered by the Buyer due to any defect in the Goods. Without prejudice to this condition Keynotes Education shall not be liable to the Buyer or to any third party for any loss of profit, consequential or other economic loss suffered by the Buyer arising in any way from the Agreement.
Save in respect of personal injury or death due to the negligence of Keynotes Education, the liability of Keynotes Education under these Conditions shall not exceed the Price of the Goods.
Keynotes Education’s liability for materially defective goods shall be limited to replacement or at Keynotes Education’s discretion refund of the Price.
DISCLAIMER
The maximum liability of Keynotes Education to the Buyer shall not exceed the cost of the goods supplied. In no event shall Keynotes Education be liable to the Buyer for incidental, indirect, consequential or special damages.
FORCE MAJEURE
Keynotes Education shall not be liable for any default due to any circumstance beyond the reasonable control of Keynotes Education including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire, flood, earthquake or shortage of supply.
GENERAL
If any term or provision of the 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 of the Conditions shall continue in full force and effect as if the Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
The headings in the Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions.
ENTIRE AGREEMENT
Each of the parties agrees that save in respect of statements made fraudulently, it shall have no remedy in respect of any untrue statement upon which it relied in entering the Agreement and that its only remedies shall be for breach of contract.
GOVERNING LAW AND JURISDICTION
The Agreement shall be governed by the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales.
RIGHTS OF CONSUMER
Nothing in these Conditions shall affect the statutory rights of a consumer.
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