This document and the order with it (together the “Agreement”) set out the basis upon which Andy Bounds Limited (a company registered in England and Wales with number 4736976) whose registered office is at 403-415 The Corn Exchange, Fenwick Street, Liverpool, L2 7QL (“we” or “us”) will provide the products set out in the Order (the “Goods”) to you. Please feel free to discuss any queries on this Agreement. Signing the order create a legally binding contract
subject to these terms.
1. PROVISION OF GOODS
1.1 We will provide the Goods in the quality and with the titles set out in your Order. We only provide the Goods to business users for the purposes of their education or training and you agree that this is the case for you.
1.2 We will endeavour to deliver the Goods to you within 28 days of the Order and cleared fees for the Goods being received.However, time is not of the essence under this Agreement and
we are also not responsible for any delay caused by anything outside our control.
1.3 If you cancel the Order, the fees will still be payable because of our production costs unless we agree otherwise and production has not commenced. Specifically, for the Win That Pitch Programme, cancellation must be received in writing to 1403-415 The Corn Exchange, Fenwick Street, Liverpool, L2 7QL not less than 21 days before the despatch of the next monthly module.
2. ACCEPTANCE OF LIABILITY FOR GOODS
2.1 You are responsible for inspecting the Goods promptly on receipt and notifying us immediately if any Goods have been delivered damaged or have items missing. You are deemed to have accepted the Goods once they are being used by you or if you have not notified us of any damage or missing items within 5 working days of receipt.
2.2 In the event that any Goods dispatched to you are not received or are not in good working order and you notify us within the timescales set out above, we will replace these Goods free of charge provided that you return to us the damaged Goods (and we will reimburse you for the delivery costs of doing so).
2.3 The Goods are intended as a reminder of an event or as a training tool only, and are not a substitute for bespoke advice or training or for your own decisions. They should be regarded as
secondary to your company’s policies and to any legislation. It is your responsibility to ensure that the Goods are appropriate and adequate for your intended use.
2.4 Many of the Goods will have been recorded live at events or seminars. For this reason, the sound or picture quality may not always be as good as for a pre-recorded video and you acknowledge and accept these quality limitations.
2.5 Multimedia material will be checked with up-to-date anti-virus software where appropriate. However Goods can never be guaranteed to be 100% free of viral and other agents. You are
strongly advised to virus check any multimedia material before running them.
2.6 You are responsible for ensuring that your hardware and equipment is adequate for using the Goods and no refund will be made if this is not the case.
3. RIGHTS IN THE GOODS
3.1“Rights” in this Agreement means all intellectual property, copyright, rights as author, rights as publisher, rights to royalties, design rights, registered designs, trade marks, patents,
confidential information and ideas and moral rights and all other rights of a similar nature world wide whether those rights are registered or not.
3.2 All rights in or related to the Goods belong to us. We grant you a royalty free, non-exclusive licence to use the Goods and view the contents for your personal use for training and
education.
3.3 Any resale, broadcast, transmission, public performance,reproduction, copying, editing, hiring or lending of the Goods byyou is illegal and prohibited unless expressly authorised by us (and any authority granted at our discretion may be subject to conditions and/or payment of fees to us).
4. FEES AND DELIVERY
4.1 The fees for the Goods are as set out in the Order. The fees will also (unless stated otherwise) include all delivery costs such as postage and packing to your premises in .the United Kingdom set out in the Order sent by ordinary post or such other delivery method as we choose
4.2 In the event that you receive funding or a discount from any funding body or organisation to assist you to pay our fees, you still remain liable for the full amount of the fees. In the event that we do not receive the full amount due for any reason from the funding body or organisation within 60 days at the latest from the date of your invoice to the full amount of our fees plus VAT. We will refund to you any part of this balance paid to us at a later date by the funding body or organisation if you have already paid for it.
4.3 All sums in this Agreement are exclusive of VAT, unless otherwise stated, which where applicable (which will usually be the case) will be payable by you in addition.
5. PAYMENT FOR GOODS
5.1 You must pay the fees for Goods in advance with your Order unless we agree differently. Goods will not be sent to you unless we have received cleared payment of the fees for the Goods.
We will send to you a receipt or invoice for your records with the Goods or within a reasonable timescale with VAT where applicable.
5.2 If any amount owed to use is not paid when due, we may with prejudice to other rights, charge interest on the outstanding amount at a rate equal to 3% above the base rate of Yorkshire Bank plc from time to time. We also have the right to refrain from providing or continuing to provide any Goods until you have paid all amounts due.
6. THE SMALL PRINT – MISCELLANEOUS
6.1 Unless otherwise expressly stated nobody other than we and you have any rights to enforce any term of this agreement under the Contracts (rights of Third Parties) Act 1999 or otherwise.
6.2 We may, by written notice to you, assign or transfer this Agreement and our obligations under this Agreement to any firm or any legal entity that may be the successor in the title to
our business, provided that the Goods continue to be performed in accordance with this agreement.
6.3 This agreement sets out the entire agreement between us in relation to the Goods and supersedes any previous agreements between us. All warranties, representations, collateral contracts or assurances not contained in this Agreement are excluded to the fullest extent permissible by law except that nothing shall limit or exclude liability for fraud.
6.4 This Agreement shall be read and construed and effect as an agreement made under English Law and shall be subject to the jurisdiction of the English Court.
