Terms & Conditions
The Conditions governing any arrangements.
These conditions ("Conditions") given all contracts ("Contracts") for the sale supply by The Basic Skills Agency at NIACE ("The Basic Skills Agency") of goods ("Goods") to the exclusions of any other terms and conditions except and to the extent only that any of the Conditions are expressly excluded or varied in writing signed by a duly authorised representative of The Basic Skills Agency.
Errors, etc.
Any error or omission whether or not clerical or typographical in any document issued by The Basic Skills Agency shall be subject to correction without any liability of The Basic Skills Agency.
Orders.
No order for Goods ("Order") submitted by an intended purchaser ("Buyer") is deemed accepted by The Basic Skills Agency until confirmed in writing by The Basic Skills Agency's authorised representative and no Order accepted by The Basic Skills Agency may be cancelled by Buyer except with written consent of The Basic Skills Agency and on terms that the Buyer will, if required, indemnify The Basic Skills Agency against all loss and expenses incurred thereby.
Price.
The price of the Goods ("Price") is The Basic Skills Agency quoted price to Buyer (or where no price has been quoted price is no longer valid published price list current at the date of acceptance of order), which is exclusive of any applicable VAT which Price The Basic Skills Agency may alter at any time by notice in writing up to the time of delivery. If the price so notified shall be an increase of more than ten percent (10 %) over the price quoted then Buyer may cancel that delivery but this shall be the extent of Buyer's rights in those circumstances. All prices quoted are valid for (30) thirty days only or until earlier acceptance by The Basic Skills Agency.
Except as stated in the current price list of The Basic Skills Agency or unless otherwise agreed in writing the Price is on an ex-works basis so that when the Contract includes delivery of the Goods all costs of transport, postage, packaging and insurance are payable in addition to and at the same time as the Price.
Payment.
Buyer shall pay the Price within thirty (30) days of The Basic Skills Agency's invoice date and if Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to The Basic Skills Agency. The time of payment of the price shall be of the essence of the contract. The Basic Skills Agency shall be entitled to cancel the Contract or suspend any further deliveries and to appropriate any payment made by Buyer to such of the Goods (or goods supplied under any other contract between them) as The Basic Skills Agency thinks fit (notwithstanding any attempted appropriation by Buyer); and charge Buyer interest (both before and after any judgement) on the amount unpaid, on a daily basis, at the rate of 4% per annum above Barclays Bank plc base rate from time to time, until payment in full is made. Subject to any special terms agreed in writing, seller shall be entitled to invoice Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by Buyer or Buyer wrongfully fails to take delivery of the Goods, in which event seller shall be entitled to invoice Buyer for the price at any time after seller has notified Buyer that the Goods are ready for collection or (as the case may be) seller has tendered delivery of the Goods.
Delivery of the Goods.
Any dates quoted for delivery are approximate only and The Basic Skills Agency shall not be liable for any delay howsoever caused. Time for the delivery shall not be of the essence unless previously agreed by The Basic Skills Agency in writing. Where delivery is by instalments, each delivery shall constitute a separate contract and failure by The Basic Skills Agency to deliver any one or more instalment in accordance with these Conditions or any claim by Buyer in respect of any one or more instalment shall not entitle Buyer to treat the Contract as a whole as repudiated. In case of non delivery or shortages, Buyer must notify The Basic Skills Agency in writing within three (3) working days. If Buyer fails to take delivery or fails to give The Basic Skills Agency adequate delivery instructions at the time stated for delivery (otherwise than by reason of The Basic Skills Agency's fault) then, without prejudice or any other right or remedy available to The Basic Skills Agency, The Basic Skills Agency may store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage or sell the Goods elsewhere. In no circumstances shall the Buyer be entitled to retain goods without the consent of The Basic Skills Agency. Good returned by agreement for credit must be in first class saleable condition.
Returning goods.
Because we want you to be happy with your purchases we offer a 28 day returns guarantee, which works as follows:
- Books must be returned by recorded delivery
- Books must be returned within 28 days of receipt
- Books must be returned in the original or comparable packaging
- A copy of the invoice must be enclosed with returns
- Goods must arrive in a resaleable condition
- Provided all the above conditions are met the payment will be refunded in full or the account will be credited. This is in addition to your statutory rights under the Distance Selling Regulations, which are detailed below.
Under the Distance Selling Regulations, EU customers have the right to cancel their order within seven working days of the day after the date the item is delivered. If you wish to cancel your purchase within the seven working days cooling off period please return the goods to us by post, at your expense, stating that you wish to cancel your order. Please enclose a copy of the invoice or packing note so that we can identify the order. Alternatively we can arrange to collect the goods at your expense. You must ensure you take reasonable care of the goods while they are in your possession. We will then refund your money or credit your account for the value of the order (or part order) cancelled. If you have received an incorrect delivery or the goods were damaged when you received them please contact our orderline and we will refund or replace the goods.
Substitute Goods.
In very rare circumstances, where stock is unavailable we will send you substitute items which include the same material as originally ordered. The value of these substitute items will not be less than the value of the original order. Standard terms and conditions apply in these cases.
Risk.
Risk of damage to or loss of the Goods shall pass to Buyer at the time of delivery or, if Buyer wrongfully fails to take delivery, the time when The Basic Skills Agency tenders delivery.
Title.
The property in the Goods shall not pass to the Buyer until The Basic Skills Agency or its duly authorised representative has received in cash or cleared funds payment in full of the Price and payment of all other for which payment is due to The Basic Skills Agency from Buyer.
Until such time as the property in the Goods passes to Buyer, Buyer shall hold the Goods as The Basic Skills Agency's fiduciary agent and banker and shall keep the Goods separate from other goods and property stored , protected and insured and identified as The Basic Skills Agency's property. Until that time Buyer may re-sell or use the Goods in the ordinary course of its business, but shall not account to The Basic Skills Agency for the proceeds of sale and any insurance proceeds and shall keep all proceeds safe and separate from anyone else's monies or property.
Until the property in the Goods passes to Buyer (and provided the Goods have not been resold) Buyer must make the Goods available to The Basic Skills Agency at its request and in default The Basic Skills Agency may enter on any premises of Buyer or third party where the Goods are stored and repossess them.
Buyer may not pledge or charge as security any Goods whilst the property of The Basic Skills Agency but if Buyer does so all monies owing by Buyer to The Basic Skills Agency shall (without prejudice to any other right or remedy of The Basic Skills Agency) forthwith become due and payable.
Warranties and Liability.
Subject to the conditions set out below The Basic Skills Agency warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material workmanship for a period of 12 months from delivery. The above warranty is given by The Basic Skills Agency subject to the following conditions that The Basic Skills Agency shall be under no liability if the total Price has not been paid by the due date for payment.
Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Any defect in the quality or conditions of the Goods or their failure to correspond with specifications shall (whether or not delivery is refused by Buyer) be notified to The Basic Skills Agency within 7 days from the date of delivery (or where the defect or failure was not apparent on reasonable inspection) and if Buyer does not notify The Basic Skills Agency, Buyer shall not be entitled to reject the Goods and The Basic Skills Agency shall have no liability for such defect or failure, and Buyer shall be bound to pay the Price as if the Goods had been delivered in accordance with the Contract.
Where any valid claim in respect of any of the Goods which is based on any defect in the quality of conditions of the Goods or their failure to meet specification is notified to The Basic Skills Agency, The Basic Skills Agency shall be entitled to replace the Goods (or the part in question) free of charge or, at The Basic Skills Agency's full discretion, refund to Buyer the price of the Goods (or a proportionate part of the price), but The Basic Skills Agency shall have no further liability to the buyer.
Except in respect to death or personal injury caused by The Basic Skills Agency's negligence, The Basic Skills Agency shall not be liable to Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether by loss or profit or otherwise), costs, expense or other claims for consequential compensation whatsoever (and whether caused by the negligence of The Basic Skills Agency, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods in their use or resale by Buyer, except as expressly provided in these Conditions.
Resale of Goods.
Except where Buyer carried on a business which includes the resale of written or machine recorded materials, the Goods are sold by The Basic Skills Agency on condition they are for use by the Buyer and not for resale unless The Basic Skills Agency has otherwise agreed in writing. To the extent permitted by law the Buyer who offers for resale within such conditions Goods consisting of books and similar printed materials shall do so at the cover price or, if there is none, then at The Basic Skills Agency's list price.
Intellectual Property and Indemnity.
The copyright, design right and other intellectual property rights in the Goods shall, as between the parties to the contract, be the property of The Basic Skills Agency.
Insolvency of Buyer. This clause applies if Buyer makes any voluntary arrangement with its creditors or becomes subject to any administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or Buyer ceases, or threatens to cease, to carry on business; or The Basic Skills Agency reasonably apprehends that any of the events mentioned above is about to occur in relation to Buyer and notifies Buyer accordingly.
If this clause applies then, without prejudice to any other right or remedy available to The Basic Skills Agency may cancel the Contract or suspend any further deliveries under the Contract without any liability to Buyer, and if the Goods have been delivered but not paid for the Price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
General.
No waiver by The Basic Skills Agency of any breach of the Contract by Buyer shall be considered as a waiver of any subsequent breach of the same or any other provisions.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in questions shall not be affected thereby. The contract shall be governed by the laws of England and the parties submit to the jurisdiction of the English Courts.
