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.