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“CLIENT” means the person who accepts the Seller’s Written quotation for the sale of the Advertising or whose Written order for the Advertising is accepted by the Seller;
“ADVERTISING” means the advertisement which the Seller is to place in its magazine, Payments Cards and Mobile, in accordance with these Terms;
“SELLER” means Payments Cards and Mobile of The Stable, Hall Yard, Kelling, Holt NR257EW, United Kingdom;
“CONTRACT” means the contract for the sale and purchase of the Advertising;
“TERMS” means the standard terms of sale set out in this document and (unless the context otherwise requires) includes any special terms agreed in Writing between the Client and the Seller;
“WRITING”, and any similar expression, including facsimile transmission, electronic mail and comparable means of communication.
A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re‑enacted or extended at the relevant time.
The headings in these Terms are for convenience only and shall not affect their interpretation.
The Seller shall sell and the Client shall purchase the Advertising in accordance with the Seller’s Written Contract (if accepted by the Client), or the Client’s Written order (if accepted by the Seller), subject in either case to these Terms, which shall govern the Contract to the exclusion of any other terms subject to which any such Contract is accepted or purported to be accepted, or any such order is made or purported to be made, by the Client.
No variation to these Terms shall be binding unless agreed in Writing between the authorised representatives of the Client and the Seller.
The Seller’s employees or agents are not authorised to make any representations concerning the Advertising unless confirmed by the Seller in Writing. In entering into the Contract the Client acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
Any typographical, clerical or other error or omission in any sales literature, quotation, Contract, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
No order submitted by the Client shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller ’s authorised representative.
The Client shall be responsible to the Seller for ensuring the accuracy of the terms of any order submitted by the Client, and for giving the Seller any necessary information relating to the Advertising within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
No order which has been accepted by the Seller may be cancelled by the Client unless the Client gives to the Seller not less than 30 days Written notice. If the Order is not cancelled in accordance with these Terms the Client shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
The price of the Advertising shall be the Seller’s Contract price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller’s published price list current at the date of acceptance of the order. All prices quoted are valid for 30 days only or until earlier acceptance by the Client, after which time they may be altered by the Seller without giving notice to the Client.
The Seller reserves the right, by giving Written notice to the Client at any time before publication, to increase the price of the Advertising to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other publication costs), any change in quantities or specifications for the Advertising which is requested by the Client, or any delay caused by any instructions of the Client or failure of the Client to give the Seller adequate information or instructions.
The price is exclusive of any applicable Value Added Tax which the Client shall be additionally liable to pay to the Seller.
The Client shall pay the price of the Advertising within 30 days of the date of the Seller’s invoice. The time of payment of the price shall be the essence of the Contract. Receipts for payment will be issued only on request.
If the Client fails to make any payment on the due date then, without limiting any other right or remedy available to the Seller, the Seller may:
cancel the contract;
charge the Client interest (both before and after any judgment) on the amount unpaid, at the rate of 3 per cent per annum above the Bank of England base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
