70 Hill Road
Telephone, voice: 08000 190 946
Braille Translations’ Terms and Conditions of Sales
THE PRODUCTS AND SERVICES THAT ARE SUPPLIED SUBJECT TO THESE CONDITIONS ARE PROPRIETARY TO THEIR ORIGINATOR(S), BRAILLE TRANSLATIONS OR THEIR SUPPLIERS. ALL UNAUTHORISED COPYING AND USE IS STRICTLY PROHIBITED. See in particular clause 8 below.
If you do not agree with these conditions please do not place an order for the supply of products or services with Braille Translations.
- All orders for the purchase (“Supply” and “Supplied” shall be construed accordingly) of the Company’s products including training resources and/or services including advertising from time to time (the “Products” and the “Services” as appropriate) placed by an individual or organisation (“the Customer”) and accepted and supplied by Braille Translations, 9 Wadham Gardens, Greenford, Middlesex UB6 0BP (“the Company”), or those working on its behalf (‘Suppliers’) are subject to and made upon these Terms and Conditions of Sale (“the Conditions”). These Conditions apply to the exclusion of all other terms and conditions (including any the Customer purports to apply). The Customer agrees that the optional provisions that apply to parties who are not consumers as defined in the Electronic Commerce (EC Directive) Regulations 2002 shall not apply to the Contract. For the purposes of this document, the term ‘Originator’ refers the copyright holder of any given material.
Quotations and Acceptance
- 2.1 All Products and Services are subject to availability and the Company shall be entitled to refuse to supply an order placed by the Customer.
2.2 To order Products and Services the Customer will need to contact the Company either: a) by telephone; or b) using the ordering procedures specified on the Company’s website, www.brailletranslations.co.uk (“the Site”); or c) by a written method such as fax, post or email or otherwise (“in Writing”). By making an order the Customer warrants that he (or she or it) is acting only in the course of his (or her or its) business.
2.3 No contract between the Company and the Customer for the Supply of Products and Services (“the Contract”) shall arise until the Company accepts the order by written acknowledgement, either by letter or e-mail, complete with a specified deadline.
2.4 The Company makes no representation whatsoever as to the suitability of the Products or Services for the Customer’s purpose.
2.5 The Customer cannot cancel an accepted order, except following the Company’s written agreement, which may be on terms that indemnify the Company against all its loss (including loss of profit), costs, damages and expenses (if any) incurred by the Company as a result of cancellation.
- 3.1 The cost of the Products and Services shall be the higher of the prices displayed on the Site or quoted whether in emails, publicity materials or otherwise and where no price has been quoted (or a quoted price is no longer valid) the price listed in the Company’s published price list at the date of the Contract. The Company may change the price of the Products and Services before the Contract is formed. If the Customer orders the Products and Services via the Site or in Writing, the Company reserves the right, as part of the acceptance procedure, to validate the price and inform the Customer that the price is higher than that stated in the order.
3.2 Unless specifically stated to the contrary in Writing, the price is exclusive of any applicable value added tax (“VAT”) or other taxes or duties payable by the Customer and VAT shall be charged, where appropriate, at the rate prevailing at the relevant tax point. The Company is not registered for VAT.
3.3 The price excludes the cost of delivery or transport, which may be subject to an additional charge to the Customer. In the case of Consultative Services, all fees are subject to travel expenses from West London.
- The Customer shall settle all the Company’s invoice(s) including VAT and delivery charges in full, without any deduction or set-off within 30 days of the date of the Product and / or Service’s delivery, as stated in the Company’s Written Acceptance of Contract. If paying by credit or debit card, the Customer warrants that the card is his (or her or its) own and that there are sufficient funds or credit facilities available to pay for the Products or Services. The Company reserves the right to verify or validate the Customers’ debit or credit card details before providing Products or Services. Time for payment shall be of the essence.
- 5.1 Subject to Clause 5.2, delivery dates mentioned either in a quotation, acceptance of order or elsewhere are approximate only and not of any contractual effect. The Company shall not be liable to the Customer for any loss or damage of whatever nature, arising directly or indirectly from a failure to deliver on any particular date or dates.
5.2 The Company shall use its reasonable endeavours to procure the delivery of Products and / or Services to the Customer in time for the Customer’s requirement, if specified. The Company’s liability for a failure to deliver shall be limited as provided in Clause 7.2 below.
5.3 Delivery of the Products shall be deemed effected when the Products are delivered to the Customer’s place of business or as specified in its order.
5.4 Without prejudice to any other right or remedy the Company may have, the Company reserves the right to suspend deliveries to the Customer and/or to terminate the Contract without liability to the Company, if the Customer fails to comply with any of the Conditions.
5.5 Should any Products be damaged in transit, the Customer must notify the Company in writing within three working days of receipt.
5.6 The Company shall not be liable for any non-delivery of Products (even if caused by the Company’s negligence) unless written notice is given to the Company within 10 working days of the date when Products should have been received. Any liability of the Company for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Products.
Risk and Title
- 6.1 Risk in the Products shall pass to the Customer immediately on delivery notwithstanding that the property in the Products may not have passed to the Customer.
6.2 Until ownership of the Products passes to the Customer, it shall keep the Products in good condition.
6.3 Where the Products are supplied, until all Products purchased are fully paid for the Products shall remain the property of the Company and the Products shall remain in possession of the Customer solely as bailer for the Company and in a fiduciary capacity.
Products / Services Warranty
- 7.1 The Company guarantees that if the Supply of Products or Services includes either an audiotape or audio / MP3 format CD or other digital media (“the Media”), the Media will be free of material physical defects for a period of three months from the date of delivery. If any defect arises during such period the Company, following receipt of the faulty Media, will use its reasonable endeavours to issue a replacement at the Company’s cost. This warranty excludes defects arising from the Customer’s or any third party’s failure to use, store, install or transport the Products in accordance with the Company’s instructions or industry practices.
7.2 Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s acts or omissions save as expressly provided in Clause 7.1 above, the Company, to the extent legally possible, excludes all other express or implied warranties and conditions and the Company shall not be liable to the Customer for any loss or damage whatsoever (including, without prejudice to the generality of the foregoing, any liability in contract, negligence or any other tort, for any indirect or consequential or economic loss or for loss of or depletion of goodwill, loss of business, loss of profit or revenue or opportunity of any kind) arising directly or indirectly in connection with or arising from the Conditions, Contract, Products, Services or otherwise. The liability of the Company under any Contract in respect of any event or series of connected events shall not exceed the sum paid by the Customer for the Products and Services.
7.3 The company undertakes to make its best efforts to ensure that all transcription or translation work is carried out to the highest levels of accuracy possible, including proof reading of materials before dispatch. In the event of errors being discovered in the work delivered to the Customer, the Customer is obliged to notify the Company within five working days. The number of pages of amendments that the Company will carry out free of charge will be stipulated in the Company’s Written Acceptance of Contract for that piece of work.
Copyright and Use of Materials
- 8.1 IRESPECTIVE OF WHETHER TITLE TO ANY PRODUCTS PASSES TO THE CUSTOMER UNDER CLAUSE 6.3 THE COPYRIGHT AND ANY OTHER INTELLECTUAL PROPERTY RIGHTS IN, ON OR ASSOCIATED WITH THE PRODUCTS INCLUDING WITHOUT LIMITATION TRADE MARKS AND DESIGN RIGHTS (“INTELLECTUAL PROPERTY”), SHALL AT ALL TIMES REMAIN VESTED IN THE ORIGINATOR(S) OF THAT WORK, THE COMPANY OR ITS LICENSORS AND NO SUCH RIGHTS SHALL PASS TO THE CUSTOMER.
8.2 Subject to Clause 8.3, the Customer shall not and shall not permit a third party to:
8.2.1 copy the whole or any part of the Products;
8.2.2 do anything to the Products which is an infringement of any rights referred to in Clause 8.1;
8.2.3 adapt the Products and do any of the things listed in Clauses 8.2.1 8.2.2 to any adaptation;
8.2.4 deface, cover or remove any of the Company’s trade marks or logos on or associated with the Products and Services;
8.2.5 apply to register any of the Company’s trade marks or logos on or associated with the Products and Services or any confusingly similar mark; and
8.2.6 without limitation to the generality of the foregoing in relation to the Products or Services, do such acts or things as are regarded as infringement pursuant to the Copyright, Designs and Patents Act 1988 and/or The Trade Marks Act 1994 or such other equivalent, successor, foreign or amended legislation from time to time wheresoever arising in the world.
8.3 This Clause applies to Products purchased on payment of all sums owed by the Customer to the Company:
8.3.1 except as otherwise approved in writing in advance by the Company on a case-by-case basis, the Company grants the Customer a licence to copy, use and make available SOLELY for purposes of information ONLY those elements of the Products and Services that expressly allow copying.
Infringement of Intellectual Property or Other Rights
- 9.1 The Customer shall forthwith give written notice to the Company of any infringement or suspected or threatened infringement of any Intellectual Property, in the Products and Services which shall at any time come to its knowledge.
9.2 Following written notice provided pursuant to Clause 9.1, the Company shall, at its sole discretion, decide what further steps, if any, should be taken to prevent or terminate such infringement and recover damages. This may include the institution of legal proceedings and in any event the Customer shall promptly provide or procure such further assistance as the Company may from time to time request.
Return of Materials
- 10.1 Where the Products and Services are Supplied for purchase and then returned pursuant to the Company’s money back guarantee the Customer shall return the Products to the Company within ten days of receipt, at the Customer’s cost, by traceable means such as registered post or by reputable courier.
10.2 Without limiting any other legal recourse, where the Products returned are damaged, the Company shall be entitled to charge the Customer the full purchase price for such Products in accordance with the Conditions.
10.3 If the returned Products are returned later than the period specified in Clause 10.1 or as provided in the agreement between the parties the Company may charge the Customer the proportional daily hire cost of such Products for each day and part day the Products are overdue in accordance with the Conditions.
- The Company shall not be liable to the Customer for any loss or damage which may be suffered by the Customer as a direct or indirect result of a Supply by the Company being prevented hindered delayed or rendered uneconomic by reason of circumstances or events beyond the Company’s reasonable control including but not limited to Act of God, war, riot, strike, lock-out, trade, dispute or labour disturbance, accident, break-down, flood or storm and the Company shall be entitled to terminate a Contract or delay delivery of Products by a period equal to that during which it is prevented, hindered or delayed as aforesaid.
- 12.1 The headings in these Conditions are for convenience only and shall not affect their interpretation.
12.2 No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.3 If any provision of these Conditions is held by any competent authority to be invalid, unlawful or unenforceable in whole or in part then that provision shall be severed from the Conditions; the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby and the parties shall use their reasonable endeavours to agree an equivalent but valid replacement provision.
12.4 The Conditions shall be governed by and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts over any claim or matter arising under or in connection with the Conditions or the Products and Services. The place of performance of the Contract shall be within the United Kingdom (UK), unless otherwise expressly stated in the Company’s written acceptance of work and the language of the Sites and the Conditions is English. Translation into other languages covered by the Company’s document-to-document linguistic translation service is possible, at the Customer’s expense.
12.5 The Company has used its reasonable endeavours to ensure that the Site complies with English law. However, the Company makes no representations that the Site is appropriate or available for use in locations outside the UK mainland and consequently the Company bears no liability for use outside UK mainland.
12.6 The Conditions are not intended to confer a benefit on any third party, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise, and no third party shall have any right to enforce any of the provisions of the Conditions.