1 About these Terms and Conditions of Business
1.1. In these Terms and Conditions of Business (“Terms and Conditions”), “We”, “Us” and “Our” means Construction Industry Publications Limited (“CIP”), a wholly owned subsidiary of the Construction Confederation, and whose address is 17, Gatelodge Close, Round Spinney, Northampton, NN3 8RJ, England and “You” and “Your” means you, a user of CIP’s website and or catalogue and or who places an Order for CIP’s Publications and or who is a purchaser of CIP’s Publications.
1.2 These Terms and Conditions and any documentation or messages including email that emanate from CIP constitute the entire agreement and understanding between CIP and You and both parties acknowledge and agree that neither party relied on any other term, condition, undertaking, promise, assurance,
representation, warranty or understanding (whether in writing or not) of any person relating to the supply of Our Publications to You.
1.3 We reserve the right to amend these Terms and
Conditions from time to time and without prior notice. Whenever possible, We will aim to provide You with such prior notice of the clauses affected.
1.4 “Publications” means any titles and publications
including, hard copy documentation, audio and video tapes, compact discs and DVDs, electronic products and software and hardware containing any software, published and or sold by CIP the copyright of which vests in either CIP or Construction Confederation or both of them and titles and publications published by other parties and sold by CIP.
2. CIP’s Website and Catalogue
2.1 Our website and catalogue are brought to You by CIP. By using Our website and catalogue, You agree to these Terms and Conditions in their entirety. Any disagreement by You of these Terms and Conditions does not entitle You to use Our website or catalogue in any way.
2.2 The content of Our website and catalogue does not in any way constitute an offer to sell You CIP’s Publications but merely an invitation to read. In this way, Our catalogue and website are merely Our chosen media to display CIP’s Publications.
2.3 Our website contains certain links to other websites not in the control of CIP. CIP has provided these links for Your interest only and under no circumstances does CIP endorse any of the publications, products or services provided by those sites. CIP does not accept any
responsibility for any loss or damage You sustain or allege to have sustained as a result of visiting or using these websites.
3. Placing your Order with CIP
3.1 Your Order constitutes an offer to purchase from CIP any of its Publications.
3.2 Our Hours of Business start at 0900 and finish at 1700 (UK time) between Monday and Friday excluding public holidays and any other time chosen by CIP from time to time.
3.3 You must be 18 years or over if You are an individual and not authorised to make the Order by a body corporate or association.
3.4 Any Order placed by You will be deemed to be received by Us during our Hours of Business.
3.5 You are licensed to photocopy the Order Form printed in the catalogue for ordering purposes only. Our
acknowledgement of Your Order will take effect on our Acceptance of the same.
4. CIP’s Acceptance of your Order
4.1 CIP’s acceptance of Your Order constitutes CIP’s agreement to Your offer to purchase from CIP any of its
Publications indicated in Your Order and will create a legally binding contract between Us and You.
4.2 Entirely at Our own discretion and for any reason
whatsoever, We reserve the right to reject any Order received from You. We will advise You of any rejected Order as soon practicable.
5. Delivery and Availability
5.1 On our acceptance of Your Order and subject to
availability, and providing You have supplied us with Your correct billing and delivery address indicated in Your Order, We endeavour to despatch to You the Publications indicated in Your Order within five business days.
5.2 If any of the Publications indicated in Your Order are
temporarily out of stock, We will notify you of this and of their expected availability as soon as possible and ask You if You would like to proceed with your Order or select alternative Publications.
5.3 Subject to clause 6.8, We will provide You with next-day despatch of the Publications indicated in Your Order
providing your Order is received by Us by 1.00pm on any business day and Your Order is clearly marked for next-day despatch.
5.4 We are not responsible for any delivery that does not reach You as a result of circumstances beyond Our control.
5.5 Unless You state in Your Order the specific method of despatch You wish Us to employ and in respect of which You agree that You will be liable for any extra cost involved, We reserve the right to choose the method of despatch to You.
6.1 We aim to accurately print the prices of the Publications listed in Our catalogue or on Our website. In the event that any Order made by You includes an order for Publications that are inaccurately priced in Our catalogue or on Our website, We will notify You as soon as
practicable of the correct price and ask You whether You still wish to proceed with Your Order.
6.2 We will endeavour to provide You with prior notice of any increase in the prices of the Publications listed in Our catalogue or on Our website but We reserve the right to change Our prices without prior notice.
6.3 The price for the Publications payable by You will be the price indicated on Our invoice.
6.4 All prices for Our Publications are quoted in British pounds sterling.
6.5 VAT is payable by You on applicable Publications and on postage and packing at the rate presiding from time to time.
6.6 All prices for the Publications advertised by Us are
exclusive of postage and packing.
6.7 For all UK Mainland Orders, postage and packing will be charged by Us at 10% of the cost of the Publications
indicated in Your Order. Orders of £20.00 or less will be charge a minimum postage of £2.00. No postage and packing is charged for any single Order to the value of £200 or above. For all UK Non-Mainland and Overseas Orders, overseas postage and packing will be charged by Us at the applicable costs.
6.8 Providing Your request for next-day despatch is made in accordance with clause 5.3 and subject to availability, the provisions for deemed receipt of Your Order provided in clause 3.4 and providing You have supplied us with Your correct billing and delivery address indicated in Your Order, We will provide You with next-day despatch of the Publications indicated in Your Order to which a surcharge will be added to the total cost of Your Order at the rate applicable at the time of Your Order. We are not
responsible for any delivery that does not reach You as a result of circumstances beyond Our control.
7. Payment and Credit Account Facility
7.1 All payment must be made in British pounds sterling as indicated in Our invoice to You.
7.2 You may make Your Payment to Us by:
7.2. VISA or MASTERCARD credit cards only and by SWITCH debit card providing the total value of Our Invoice exceeds £10.00.
7.2.2 cheque made payable to “Construction Industry
7.3 Any cheques or cash despatched by You by Post is entirely at Your own risk. CIP does not accept any
responsibility whatsoever for any cheques or cash You say has been posted to Us but which has not been received by Us. In such circumstances, payment for Your Order will remain outstanding and due for payment by You.
7.4 Title to the Publications indicated in Your Order does not pass to You until full payment for the same has been received by Us.
7.5 In respect of any software and or hardware containing such software indicated in Your Order and which is the subject of a license agreement, any license or sub-license will not pass to You until full payment for the same has been received by Us.
7.6 If You are a member of one of the Construction
Confederation’s constituent organisations, You are entitled to a membership discount on certain qualifying
publications published by CIP.
7.7 The opening of credit account facilities pursuant to any request made by You are entirely at the discretion of CIP and may require references or may be credit checked..
7.8 In any request by You for a credit account facility, CIP reserves the right to request Your latest audited accounts and banking and trade references.
7.9 All customers who hold a credit account must pay Our invoice by expiry of 30 days from date of Our invoice. We reserve the right to charge interest on all overdue
invoices at the rate of 8% above the Bank of England Base Rate presiding from time to time commencing from expiry of 30 days from date of invoice until payment is made.
7.10 CIP reserves the right to:
7.10.1 Reject any application for a credit account facility for any reason whatsoever.
7.10.2 Set a limit to the level of credit We are prepared to make available to You and to vary such limit as We see fit.
7.10.3 Withdraw Your credit account facility as a result of any or persistent late payment made by You or any or persistent breach of Your available credit limit.
7.10.4 Close any credit account facility for its continued non-use by You for a period of 4 months or longer.
7.11 An administration fee of £25 will be charged by Us in respect of any payment made by You that has not been cleared by Your Bank or Building Society.
8. Licenses for Software and Hardware containing such Software
8.1 All software and or hardware containing such software indicated in Your Order and which are the subject of a license agreement, are licensed or sub-licensed to You on the terms and conditions of the applicable license agreements.
8.2 Unless the terms and conditions of the software and or hardware containing such software indicated in Your Order state otherwise, You are not permitted to sell assign grant lease charge or sub-license the same to any third party without Our permission in writing.
9. Cancellation and Returns
9.1 If You are not satisfied with any of the Publications You have purchased from CIP because the Publications are defective in any way, You must return call, email or fax to alert CIP prior to returning them within 20 business days of Your receipt of them and We will refund You the price You have paid for them, within 10 business days thereafter.
9.2 Subject to clause 9.1, You have no right to cancel Your Order if the Publications indicated in Your Order have already been despatched.
9.3 You have no right to cancel Your Order if any of the
Publications indicated in Your Order that You have
purchased are audio tapes, video tapes, compact discs, DVDs, electronic products and software or hardware
containing any software, if the sticker, seal and or
shrink-wrap have been unsealed or in any way tampered with.
9.4 Any request to cancel Your Order prior to Our despatch of the Publications indicated in Your Order is entirely at the discretion of CIP.
10.1You agree to comply with all laws relating to the export of goods and services. You agree not to export Our
Publications to any Country:
10.1.1 in contravention of any export law; and or
10.1.2 for which an export license or other governmental approval is required, without first obtaining all necessary licenses or other approvals.
10.2 You warrant that You are not located in, under the control of, or a national or resident of, any Country to which export of Our Publications is prohibited by any export law or rule, regulation or directive by the Government of the United Kingdom, European Commission or United Nations.
11. Privacy and Use of your Data
11.1 The information We keep on You is securely retained by Us, is not made available to any other party and is held strictly in accordance with the terms and provisions of the Data Protection Act 1998.
11.2 We may from time to time write or email You with
information relating to the development of and changes to Our services or Publications. We will periodically send You Our updated catalogue and provide You with
updated information in relation to Our website. We may from time to time send You other information prepared by Us or the Construction Confederation in the interest of providing You with meaningful information only. Please advise Us if You do not wish Us to provide You with any of these services.
12. Warranties and Liability
12.1 We make no warranties whatsoever in connection with the content and information comprised in Our
Publications with regard to their accuracy or legality.
12.2 We do not warrant that the content and information
comprised in Our Publications are up-to-date.
12.3 We do not warrant that the content and information
comprised in Our catalogue, website or other materials that We may send You from time to time are accurate and up-to-date.
12.4 We do not warrant that any of the Publications listed in Our catalogue or on Our website or other information We may send You constitute legal advice notwithstanding the obvious legal nature of the Publications You may Order or discuss with Us prior to making an Order or at any time at all.
12.5 We do not accept any liability of any kind whatsoever or howsoever caused for any loss or damage suffered or alleged to have been suffered by You in connection with the use of Our Publications after You have purchased them from Us.
12.6 We do not accept any liability of any kind whatsoever or howsoever caused for any loss of income, loss of profit, other economic loss, loss of business, loss of contracts, loss of goodwill, loss of data or any other direct, indirect or consequential loss or damage arising out of or caused by any negligence or other torts and or breach of contract or otherwise.
12.7 In the event that any liability is established against Us, the maximum value of Our liability is limited to the total price paid by You for the Publications indicted in Your Order which are the subject of finding of liability against Us.
13. Property and Copyright
13.1 The entire content of these Terms and Conditions, Our catalogue and Our website are the property and
copyright of CIP.
14. Contracts (Rights of Third Parties) Act 1999
14.1 Notwithstanding any other provision of this Agreement, nothing in this Agreement confers or purports to confer any right to enforce any of its terms on any person who is not a party to it.
15. Governing Law
15.1 These Terms and Conditions are governed by and
interpreted in accordance with English law and any
dispute or difference between You and Us relating to this Agreement and or interpretation of these Terms and
Conditions shall be referred to the exclusive jurisdiction of the English Courts.