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Junior English wants to do everything possible to help, support and co-operate with it´s Customers to the mutual benefit of the Company and Customers. It is therefore necessary to establish that certain conditions apply.
The following terms of sale and supply shall apply to each order for the supply of goods that we receive from you unless otherwise agreed upon in writing. Acceptance of Customers orders shall be subject to these terms and cannot be altered by customers´ terms of purchase. 1 Orders
a) No order submitted to Junior English shall be deemed to be accepted by Junior English unless and until confirmed in writing (either by invoice submitted with goods delivered, or otherwise) by Junior English.
b) No order which has been accepted by Junior English may be cancelled by the customer except with the prior written agreement of Junior English.
c) By accepting delivery of the goods covered by the invoice, the customer acknowledges receipt of and thereby agrees to be bound by these terms and conditions. The customer further acknowledges that these terms and conditions comprise the only terms and conditions upon which the goods covered by the invoice are supplied and that they shall not be deemed to be altered or varied to any extent by any previous correspondence between Junior English and the customer.
d) All orders must be in writing. Telephone orders will only be accepted when written confirmation has been received. This protects both Junior English and the customer from hoax orders from a third unknown party.
2 Delivery
a) Delivery of goods within the Federal Republic of Germany shall be made free of charge to Junior English Club Members only, unless otherwise agreed in writing by Junior English. Goods are despatched to non-club members and overseas customers at the customer´s expense and liability, unless otherwise agreed in writing by Junior English.
b) Junior English will do everything possible to ensure a quick delivery of goods ordered. Any dates quoted for delivery of goods are approximate only and Junior English shall not be liable for any delay in delivery of goods howsoever caused. Our aim is to deliver within 10 - 14 days of receiving an order.
c) Goods are not sold on sale or return basis.
3 Prices
a) Junior English will do everything reasonably possible to keep prices stable. Junior English withholds all rights to change prices whenever necessary should suppliers raise their prices or the raising of taxes etc. make it neccessary to do so.
b) The price of the goods shall be the published price as shown on the invoice.
c) All prices are in Euro and include VAT at the current rates for Germany.
d) Price concessions for orders made by Junior English Club Members are entirely at the discretion of Junior English and may be changed at any time without prior notice.
4 Payment
a) Invoices will either be sent together with the goods ordered or separately by means of the postal services.
b) Orders will be invoiced by Junior English and payment will be due immediately on receipt of the proforma invoice unless payment has already been submitted with the order. No orders will be despatched before full payment has been made unless a prior agreement has been made with Junior English.
c) For Junior English Teacher´s Club Members, payment should be made as stated on the invoice.
d) Payment should be transferred into the `Junior English Bank Account´ which is stated on the invoice. To make things convenient for both the customer and Junior English, the invoice number should be stated when payment is transferred.
e) If the customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to Junior English, Junior English shall be entitled to charge the customer interest (both before and after any judgement) on the amount unpaid at the rate of 3% per annum above the basic rate of the Junior English House bank until full payment has been made.
f) Junior English reserves the right to withhold any further orders and supplies in the event of amounts payable being overdue, or any other reason which at the discretion of the Company warrants such action.
5 Queries and Claims
Any claim for replacement items in respect of any delivery of goods shall only be considered if such a claim relates to damage or defect in quality or condition and is received in writing at the Junior English address shown on the invoice within 7 days of the delivery of the goods to a customer in the Federal Republic of Germany, and 14 days to overseas customers. If claims are not submitted within such time limits Junior English shall have no liability in respect of such claims.
6 Liability
a) The supply and sale of goods shall be governed by the laws of the Federal Republic of Germany.
b) Junior English shall not be liable to the customer or be deemed to be in breach of these terms and conditions with the customer by reason of any delay in performing or any failure to perform any of its obligations in relation to the goods if the delay or failure was due to any cause beyond Junior English´s reasonable control.
7 Infringement
a) The customer is advised to be aware of any infringement of any patent, copyright, design, trademark, service mark or other industrial or intellectual property rights in or relating to the goods.
b) It is strictly forbidden to use or operate under the name of Junior English in any way or means without the prior written permission of Junior English. The Laws of the Federal Republic of Germany apply accordingly.
8 Inspection Copies
a) Inspection copies are sent out to Kindergartens and Schools at the discretion of Junior English only. Inspection copies may be retained for a maximum of 14 days. Due to obvious reasons, Junior English does not supply inspection copies of Audio Cassettes, CD´s, DVD´s or Videos. This also includes any computer software articles that we may introduce at a later date.
b) If the Customer adopts the goods or recommends them to their students and this results in a purchase of 12 copies or more the Customer may retain the respective inspection copy free of charge.
c) If however the Customer does not adopt the inspection copy or return it within the stated time period, Junior English reserves the right to invoice the Customer for the copy in their possession.
d) Inspection copies should be returned in reasonable condition.
e) All costs resulting from the returning of Inspection Copies shall be paid for by the Customer.
9 General
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.
The headings shown in these terms and conditions are for convenience only and shall not affect their interpretation.
No variation to these terms and conditions shall be binding unless agreed in writing between the Junior English and the Customer.
Junior English withholds the right to make any neccessary changes to these Terms and Conditions as it feels appropriate without prior notice.
These Terms and Conditions were updated on the 31th January 2005.
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