In this document the following words shall have the following meanings:
1.1 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 “Customer” means any person who purchases Services from the Supplier;
1.3 “Proposal” means a statement of work, quotation or other similar document describing the services to be provided by the Supplier;
1.4 “Services” means the services specified in the Proposal;
1.5 “Supplier’s” mean (D Thompson Chimneys Ltd.) of Schoolfield House, Field Lane, Fakenham Norfolk NR21 9QX;
1.6 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
1.7 “Website” means the Supplier’s website.
These Terms and Conditions shall apply to all contracts for the supply of Services, by the Supplier to the Customer, and shall prevail over any other documentation or communication from the Customer.
Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services, by virtue of any statute, law or regulation.
Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
3.0 THE ORDER
The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier (“the Order”).
All Orders for the Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
4.0 PRICE AND PAYMENT
The price for the Services is as specified in the Proposal. All prices are quoted in Pounds Sterling.
Payment of the price shall be in the manner specified in the Proposal. If the Customer fails to make any payment the Proposal will be void.
The Customer will be responsible for any incurred costs due to failed payments.
5.0 CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
5.1 Co-operate with the Supplier;
5.2 Provide the Supplier with any information reasonably required by the Supplier;
5.3 Obtain all necessary permissions, licences and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
5.4 Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
6.0 SUPPLIER’S OBLIGATIONS
The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
You agree that the Supplier in its sole discretion may not deem your demo to be suitable to forward to industry contacts, for any reason.
7.0 LIMITATION OF LIABILITY
For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
In no event shall the Supplier be liable for any loss of profit, loss of opportunity, loss of business, loss of revenue, loss of copyright, wasted time, wasted costs, indirect, incidental, special, or consequential loss arising out of or in any way connected with the use of this website or Service or with the delay or inability to use this website, or for any information, products, and services obtained through this website, or otherwise arising out of the use of this website.
The Supplier has used reasonable care and skill in compiling the content of this website. However, the Supplier makes no warranty to the accuracy of any information on the site or accepts liability for any errors or omissions on the site.
The Customer may cancel an Order by notifying the Supplier in writing at the address above within 5 days of placing an Order and any money paid will be refunded in full.
If the Customer fails to cancel the order within the time specified, any monies paid may not be returnable.
If any term or provision of these Terms and 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 hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
10.0 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
11.0 RIGHT TO MODIFY THESE TERMS AND CONDITIONS
The Supplier may modify these terms and conditions at any time without prior notice, with any modifications being effective from the date and time of posting on the website.
12.0 NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
13.0 MODIFICATIONS TO SERVICE
The Supplier reserves the right at any time and from time to time to modify the Service (or any part thereof) with or without notice. You agree that the supplier shall not be liable to you or to any third-party for any modification of the Service.
You agree that the Supplier in its sole discretion, may terminate the Service, and remove and discard any Content within the Service, for any reason.
The Supplier makes no warranty or representation that (i) the service will meet your requirements, (ii) the service will be timely or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any services and information obtained by you through the service will meet your expectations.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
16.0 COPYRIGHT OWNERSHIP
For any original material, the Customer’s private right of copyright shall be maintained and recognised.
The Customer is solely responsible for any contracts the Customer signs with publishing or record companies. The Supplier recommends that the Customer seeks independent legal advice before signing a contract with a record or publishing company.
NAME OF SUPPLIER:
D Thompson Chimneys Ltd.
BUSINESS ADDRESS OF SUPPLIER:
Schoolfield House, Field Lane, Fakenham, Norfolk NR21 9QX