Orders will be invoiced at the price applicable at the date of order.
Prices quoted are not currently subject to VAT or postal delivery.
The title to all goods sold by ADVATIZE will remain its property until full payment has been made. At any time ADVATIZE may use its retention of title to recover goods not paid for in full from a client or a third party.
Should default be made by the client in paying any sum due under order or contract ADVATIZE at its option shall be entitled to treat such default as a repudiation of the customer agreement. The client must pay the company reasonable charges incurred in the course of any part performance of the agreement by the company.
If the client is a limited company or other legal entity claiming limited liability and the client is unable to pay for goods and or services supplied for any reason whatsoever, including insolvency, the directors or partners shall also become jointly and severally liable for the debt.
If the client requires advice on their marketing strategy they should seek appropriate professional third party advice where required. ADVATIZE is not authorised to express any opinion or make any representation as to the fitness of any goods or services for any purpose, other than those for which it is contracted to provide.
ADVATIZE undertakes to replace, correct or at its option credit the value of all goods or services supplied which are defective or otherwise not in conformity of the customer agreement. ADVATIZE must be informed in writing of such defective goods or services and requested to make such replacement or correction or give such credit. ADVATIZE accepts no liability for information provided by the client that is mis-spelt, or contains errors or omissions, and the client is responsible for checking all the information is correct prior to submission.
ADVATIZE’s liability whether in contract, or otherwise in respect of any goods and services supplied by it shall be limited solely to the foregoing, and in no circumstances does the company accept any further liability for either direct or consequential losses caused outside of its customer agreement.
5. Limitation of Liability
If ADVATIZE carries out any work at the request of the client the its liability for any failure or breach of the customer agreement will be limited to the invoice cost of the work.
6. Data Protection
The information that you provide to ADVATIZE about yourself, your company or organisation will only be used in accordance with our
Privacy/Data Protection Policy. Our Privacy/Data Protection Policy does not apply to websites operated by third parties that we may provide links to.
All products are deemed to have been accepted by the client within five days of the completion/delivery date, unless ADVATIZE is notified within that time in writing that the products are faulty or rejected. In order for the notice of rejection to be effective we must have been formally notified and details of why the products are rejected must be provided. The client will be provided with replacements of any rejected products. No credit will be provided for rejected goods that are replaced.
8. Performance of Contract
In event of the performance of any obligation accepted by ADVATIZE being prevented, delayed or in any way interfered with by any of the following, ADVATIZE may at its option suspend or cancel its obligation under the customer agreement without liability for any damage;
- An act of god, outbreak of war, either general or local riot or other civil commotion, strike, lockout, act or decree of any government or any other act, matter or thing beyond our reasonable control.
- Non-delivery or non-performance by the company’s suppliers or damage, loss or destruction of the whole or part of the goods or work by any cause beyond the company’s control.
The customer agreement shall not be assigned by the client to any third party without the prior consent of ADVATIZE. Only someone who is a party to this agreement has the right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms. The advice we give you is for your sole use and is confidential to you and will not constitute advice for any third party to whom you may communicate it. We will accept no responsibility to third parties for any aspect of our services, products or work that is made available to them.
10. Intellectual Property
The client is to indemnify ADVATIZE against any claims whatsoever for damages and or costs against all liability in respect of any infringement of trademark, patent right, copyright or any other intellectual property.
11. Law and Jurisdiction
The customer agreement shall be governed by and interpreted in accordance with English law. The Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these terms of business and any matter arising from or under them.
Each party irrevocably waives any right it may have to object to any action being brought in those courts, to claim that the action has been brought in an inconvenient forum, or to claim that those courts do not have jurisdiction.
Should any condition or part thereof become unenforceable for any reason whatsoever this shall be without prejudice to the remainder of that condition and all other conditions and part conditions. The condition headings are inserted for convenience only and shall not affect the applicability of these conditions.