Trade terms and conditions
Terms & Conditions - Marston Book Services
1. DEFINITIONS
1.1 'Buyer' means the person, firm or company whose name appears on the invoice or credit note.
1.2 'Conditions' means the terms and conditions of the sales of Publications set out below.
1.3 'Document' means the invoice or credit note on the reverse of which the Conditions are printed.
1.4 'Marston' means Marston Book Services Limited.
1.5 'the Publishers' means those publishers for whom Marston is the agent in the sales of Publications.
1.6 'Publications' means the articles which the Buyer agrees to buy from Marston the quantity and description of which is set out on the invoice.
2. CONDITIONS APPLICABLE
2.1 These Conditions shall apply to all contracts for the sale of Publications to the exclusion of all other conditions including any conditions which the Buyer
may purport to apply under any purchase order or confirmation of order or similar document.
2.2 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Marston or the Publisher.
2.3 All orders of Publications shall be deemed to be an offer by the Buyer to purchase the Publications pursuant to these Conditions.
2.4 Acceptance of delivery for the Publications shall be deemed as conclusive evidence of the Buyer's acceptance of these Conditions.
2.5 The Buyer agrees and accepts that Marston is the agent of the Publishers in relation to all aspects of the sale of the Publications.
3. PRICE AND PAYMENT
3.1 The price for the Publications is set out on the document overleaf and in the Publisher's catalogue and unless indicated otherwise is exclusive of VAT.
3.2 The Buyer shall pay for the Publications within the number of days stipulated on the Document, such number of days to be calculated from the end
of the month in which the Document is dated.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due, from day to day until the date of payment at a rate of 2% above
Barclays Bank Plc's base rate from time to time in force and shall accrue at such a rate after as before any judgement. Marston may withhold further
supplies in the event that amounts payable are overdue or for any other reason at its sole discretion.
3.4 Any discounts to the price of the Publications are to be agreed with the Publishers.
3.5 All unavailable titles are recorded as dues unless marked cancelled on the invoice.
3.6 The Buyer may instruct Marston not to record dues. This instruction will be implemented unless the Buyer countermands the instruction for any particular
order.
3.7 Marston may at their discretion elect not to record dues. All unavailable titles will be noted as cancelled on the invoice.
3.8 Marston reserve the right to levy Small Order Charges or refuse orders that are below Marston's Minimum Order Value in force at the time of receipt of the
order.
4. THE PUBLICATIONS
4.1 The quantity and description of the Publications shall be as set out on the invoice overleaf (subject to any temporary stock shortages).
5. WARRANTIES
5.1 All terms, conditions and warranties (whether implied or made expressively) whether by Marston or its servants or agents otherwise or in relation to the
quality and/or fitness for the purpose of the Publications or any of the Publications are excluded.
6. DELIVERY
6.1 Time for delivery of any Publications is not guaranteed and time for delivery is not of the essence in any order.
6.2 Marston shall not be liable to the buyer for late delivery or unavailable items.
6.3 Marston shall arrange for the Publication to be delivered to the Buyer's delivery address. The Buyer shall make all the necessary arrangements to take
delivery of the Publications whenever they are tendered for delivery.
7. ACCEPTANCE
7.1 The Buyer shall be deemed to have accepted the Publications 72 hours after delivery to the Buyer.
7.2 Where the Buyer accepts or has been deemed to have accepted any publications Marston shall have no liability whatever to the Buyer in respect of the Publications (except for any defective publications).
7.3 Any claim for damaged Publications or for shortage of Publications must be notified in writing to Marston within seven days of receipt of the Publications, otherwise no claim will be considered.
7.4 Where dues are recorded, as shown on the invoice, they will be deemed to be accepted by the Buyer unless Marston is requested to cancel them within 72 hours of receipt of the invoice.
8. TITLE AND RISK
8.1 The Publications shall be at the Buyer's risk as from delivery to the Buyer's premises or to the Buyer's appointed shippers, whichever occurs first.
8.2 In spite of delivery having been made, the property in any of the Publication's supplied by Marston shall not pass from the Publisher to the Buyer until:
8.2.1 The Buyer shall have paid the sum invoiced by Marston in respect of the relevant order for that publication in full; and
8.2.2 No other sums whatever shall be overdue in the Buyer's accounts with Marston in respect of Publications supplied by Marston on behalf of any of the Publishers.
8.3 The Buyer shall not pledge or in anyway charge, borrow or offer any security for any indebtedness any of the Publications which are the property of the Publishers. Without Prejudice to the other rights of Marston or the Publishers, if the Buyer does so, then all sums whatever owing by the Buyer to Marston shall immediately become due and payable.
9. INSURANCE
9.1 The Buyer shall insure and keep the Publications insured to their full price against "all risks" to the reasonable satisfaction of Marston until the date when the property in the Publications passes to the Buyer.
9.2 If the Buyer fails to insure or keep insured the Publications under this clause, then all sums owing to Marston shall be immediately payable.
10. REMEDIES OF THE BUYER
10.1 Where the Buyer rejects any Publications the Buyer shall have no further rights whatever in respect of supply to the Buyer of such Publications or the failure by Marston to supply any other Publications which conform to the details set out on the invoice.
11. RETURNS
11.1 The Buyer may only return Publications for credit when this is done in accordance with the relevant Publishers returns policy and prior authorisation has been given. Unauthorised returns will not be credited to the Buyer and may be sent back to the Buyer or pulped in both cases at the Buyers expense.
12. LIMITATION OF LIABILITY
12.1 In the event of any breach of the Conditions by Marston, the remedies of the Buyer shall be limited to damages. Marston shall be under no liability whatever to the Buyer for any indirect loss and or expense (including the loss of profit) suffered by the Buyer arising out of a breach by Marston of this contract.
12.2 Under no circumstances shall Marstons liability to the Buyer exceed the net price of the Publications set out on the invoice overleaf.
13. PROPER LAW
13.1 The Conditions shall be constituted in accordance with and are subject to the laws of England.
14. BUYERS OUTSIDE THE UK
14.1 Publications supplied to Buyers outside the UK are supplied FoB. Where these Conditions conflict with FoB Conditions these Conditions shall prevail.
14.2 Delivery to the Buyers UK shipping agent shall constitute delivery to the Buyer for the purposes of these Conditions. The Buyer shall be responsible for all duties, taxes, levies or any other liabilities that arise on export of the Publications outside of the UK.
Bank Details
Bank Account: Barclays, Oxford.
Sort Code: 20 65 18 Acc. No.: 00636835
Giro Account No. 2366053
Trade Transactions are conducted through Marston Book Services, who are Lion Hudson's appointed distributor. Therefore the terms and conditions listed here are Marston's published terms.
WEBSITE ORDERS
Orders placed online are supplied by St Andrew's Bookshop, Great Missenden whose own terms and conditions apply.
Enquiries regarding website orders should initially be directed either to St Andrew's on 0870 232 5501, or to Lion Hudson at info@lionhudson.com