The following terms and conditions (“the Conditions”) are the terms on which RICKITT EDUCATIONAL MEDIA LIMITED (“R-E-M”) 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 R-E-M and the Buyer shall be governed by the Conditions. Any variation to this clause must be by prior agreement in writing by R-E-M.
The description and quantity of the goods to be sold (“the Goods”) shall be as set out in the quotation provided by R-E-M to the Buyer (“the Quotation”).
Every effort has been made to ensure that products are described as accurately as possible, although suppliers (“the Supplier”) to R-E-M are constantly updating their titles and the descriptions are intended as a guide only. Screenshots are taken on various computers and may differ with computer type.
VALUE ADDED TAX
VAT will be charged in accordance with UK government regulations ruling at the time of despatch.
The price (“the Price) for the Goods may change from time to time, without notice in the event of changes to the Price by the Supplier although R-E-M will use every endeavour to hold prices firm for as long as possible. The Price is quoted in pounds sterling and is payable in sterling with any transaction charges for the Buyer’s account.
PACKING AND CARRIAGE CHARGE
For prepaid software orders delivered within the UK R-E-M pay second class post and packing. First class post is available on deliveries for an additional charge of £1 per prepaid order. Packing and carriage on all other UK orders is charged at 3% of order value subject to a minimum charge of £2.95 and a maximum charge of £9.50 plus VAT. Overseas orders are charged at cost.
All invoices are payable within the terms specified upon the invoice. Payment is to be made by credit card (pre-paid orders only), sterling cheque drawn on a UK bank or bankers draft or by Swift Electronic Transfer to our account with Lloyds TSB Bank plc, Somerton Branch, Market Place, Somerton, Somerset, account number 0636909 sort code 30-18-16. 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.
R-E-M shall deliver the Goods to the Buyer at the address of the Buyer provided by the Buyer at the time of the Quotation. Time shall not be of the essence for delivery however we always endeavor to supply promptly following receipt of order.
NON DELIVERY CLAIMS
We cannot accept a claim for non-delivery unless we have received written notice of it within 7 days of the invoice date. This claim should be addressed to the Customer Service Department at R-E-M, Unit 7 Dunball Industrial Estate, Dunball, Bridgwater, Somerset. TA6 4TP.
The Buyer must register a claim in writing on the carriers within 3 days of delivery for the Goods received damaged on delivery. We strongly recommend that the Buyer show the parcel to the carrier and sign for the Goods as damaged otherwise a claim may be invalid.
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 R-E-M without prior authorisation. The Goods returned without a return authorisation number (RAN) issued by R-E-M will be refused and returned to the Buyer at their expense.
If the Buyer has purchased the Goods under our UK schools approval service the Buyer should carefully follow the instructions for return enclosed with the Goods on delivery.
All of the Goods not supplied through our schools approval scheme are sold on a firm sale basis. However if the Buyer finds the Goods are not suitable R-E-M 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 RAN and the Goods including all packaging and materials must be received by R-E-M 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 R-E-M has received payment of all sums owing.
Until such time as title in the Goods passes to the Buyer R-E-M 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 R-E-M, R-E-M 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 R-E-M 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 R-E-M, the liability of R-E-M under these Conditions shall not exceed the Price of the Goods.
R-E-M’s liability for materially defective goods shall be limited to replacement or at R-E-M’s discretion refund of the Price.
Notwithstanding the use of the terms sales or purchases or other words suggesting transfer of ownership computer programs and software products are licensed to the Buyer (not sold or purchased) subject to the license agreement of the Supplier accompanying the product.
The maximum liability of R-E-M to the Buyer shall not exceed the cost of the goods supplied. In no event shall R-E-M be liable to the Buyer for incidental, indirect, consequential or special damages.
R-E-M shall not be liable for any default due to any circumstance beyond the reasonable control of R-E-M 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 or failure to deliver by the Supplier to R-E-M.
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. R-E-M may without the consent of the Buyer sublicense its rights or obligations or any part of the Conditions
The headings in the Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions.
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.
SINGLE USER (SU) products are licensed for use on ONE computer only. For information on multi-user and site licences see the R-E-M Yearbook or call 0845 375 4475