Terms and Conditions -- Forum Business Media.

1 Definition

1.1 In these Conditions the following expressions shall have the following meanings:

"Buyer" means the person, firm or company placing an order with the Seller;
"Conditions" means the terms and conditions contained herein;
"Goods" means all those goods (or any instalment or part of them) are the subject of the Buyer's Order and which are to be supplied to the Buyer by the Seller under these Conditions;
"Order" means the order placed by the Buyer for the performance of the Services and/or supply of the Goods;
"Seller" means Forum Business Media Ltd and also (where the context permits) its assigns and sub- contractors;
"Services" means those services to be performed by the Seller as described in the Order;

1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation. Words in the singular shall include the plural and vice versa, references to any gender shall include the others and references to legal persons shall include natural persons and vice versa.

2 Formation of Contract

2.1 All goods sold and services performed by the Seller are sold subject to these Conditions and these conditions shall be the sole terms and conditions of any sale by the Seller to the Buyer. The terms contained herein will prevail and terms and conditions on the Buyer's order form or other similar document shall not be binding on the Seller and the placing of an order for or the acceptance of the Goods by the Buyer shall indicate unqualified acceptance of these Conditions.

2.2 Where Goods include any item of software, these conditions shall apply as varied and augmented by the appropriate Software Licence (copies available on request).

3 Orders and Delivery

3.1 Orders are accepted by the Seller subject to the availability of Goods for delivery or the Services to be performed.

3.2 All times, dates or period given for delivery of the Goods are estimates only and shall not be of the essence of the contract. The Seller will use all reasonable endeavours to meet any such date but it shall not be binding on the Seller and the Seller shall not incur any liability whatsoever for any loss or damage resulting from delay however caused. For information purposes only, the estimated delivery times of the Goods are 10 working days to a Buyer in the UK

3.3 If the Buyer fails to take delivery of the Goods on the date of delivery, the Seller will be entitled at its sole discretion without prejudice to its other rights to store the Goods at the risk of the Buyer and the Buyer shall in addition to the price payable for the Goods pay all costs and expenses of such storage and any additional costs of carriage incurred.

3.4 The Seller shall not be liable for any loss of or damage howsoever arising (whether in contract, tort (including negligence) or breach of statutory duty or otherwise) to the Goods whilst in transit or for any claim that the Goods or Services are defective or do not otherwise comply with the Order unless written notice is given to the Seller by the Buyer:

(a) in the case of loss, damage, defect or non-compliance with the Contract within seven days of the date of delivery; or
(b) in the case of Goods not delivered within 10 days of the date upon which the Buyer is notified that the Goods have been consigned for delivery, provided that if the Buyer proves that:
- (i) it was not reasonably possibly for him to give such notice to the Seller within the appropriate period; and
- (ii) that notice was given within a reasonable time, the Seller shall not be entitled to rely on the time limits as set our in the clause 3.6.

3.5 In the event that the Buyer has complied with clause 3.6 and that the Buyer has a valid claim for defect loss, damage or non-compliance the Seller undertakes at its option to either refund the value or replace the items concerned at its expense.

3.6 Where the Goods are handed to a carrier for carriage to the Buyer any such carrier shall be deemed to be an agent of the Seller and not of the Buyer for the purposes of section 44, 45 and 46 of the Sale of Goods Act 1979.

3.7 The Buyer agrees that section 32 (3) of the Sale of Goods Act 1979 shall not apply to Goods sent by the Seller.

4 Risk and Title

4.1 Except as otherwise provided in these Conditions, the risk of loss or damage to the Goods shall pass to the Buyer upon delivery of the Goods in accordance with condition 4.3.

4.2 The Seller shall retain title to and ownership of the Goods until it has received payment in full of all sums due and any other contracts between the Seller and the Buyer. If payments received from the Buyer are not stated to refer to a particular invoice the Seller may appropriate such payments to any outstanding invoice.

4.3 Until payment of the purchase price the Buyer shall be the bailee of the Goods for the Seller and the Goods which shall be stored separately from any goods which belong to the buyer or any third party, and shall be clearly marked and identifiable as being the Seller's property.

4.4 The Buyer may only re-sell the goods, as the Seller's agent and bailee of the Goods which belong to the Seller. All proceeds received from any such sale shall be held on trust to settle any sums due in respect thereof to the Seller and pay any balance to the Buyer. Such proceeds shall be placed in separate identified bank account which shall not be permitted to become overdrawn and such proceeds shall not be mingled with other money's and shall at all times be identifiable as the Seller's money.

4.5 If the Buyer fails to make any payment to the Seller when due, compounds with its creditors, executes an assignment for the benefit of its creditors, has a bankruptcy order made against it or being a company, enters into voluntary liquidation or has an administrator or administrative receiver or receiver appointed over all or part of its assets or takes or suffers any similar action in consequence of debt or becomes insolvent or if the Seller has reasonable cause to believe that any of these events is likely to occur the Buyer grants the Seller the right without prejudice to any other remedies:

(a) to enter without prior notice any premises where Goods owned by it may be, and to repossess and dispose of any Goods owned by it so as to discharge any sums owed to it by the Buyer under this or any other contract;
(b) to require the Buyer not to resell or part with possession of any Goods owned by the Seller until the Buyer has paid in full all sums owed by it to the Seller under this or any other contract; and
(c) to withhold delivery of any undelivered Goods and stop Goods in transit.

Unless the Seller expressly elects otherwise, any contract between it and the Buyer for the supply of Goods shall remain in existence notwithstanding any exercise by the Seller of its rights under this clause 5.

4.6 The Goods shall, once the risk has passed to the Buyer in accordance with this clause 5 or otherwise, be and remain at the Buyers risk at all times unless and until the Seller has retaken possession of them and the Buyer shall comprehensively insure the Goods against loss or damage by accident, fire, theft or other risks usually covered by insurance in the type of business carried out by the Buyer.

4.7 The Purchase of the Goods do not entitle the Buyer to make any copies of the same.

5 Price

5.1 Unless otherwise stipulated in writing by the Seller the price payable for the Goods or Services shall be as stated in the Seller's price list (current at the date of despatch) less any agreed discount. In the case of an order for delivery by instalments the price payable for each instalment shall be as stated in the Seller's price list at the date of despatch of such instalment.

5.2 The Seller shall be entitled to increase the price for the Goods to take account of increases in costs including (but not limited to) labour, overheads, transportation and or fluctuation of exchange rates between the date of the Seller's quotation (or if no quotation is issued) the Buyers order.

5.3 The price unless otherwise stated is exclusive of the cost of delivery in accordance with clause 4.3 and exclusive of Value Added Tax, customs duties and all other taxes, duties and expenses in respect of the Goods all of which shall be added to the price payable by the Buyer unless otherwise stipulated in writing by the Seller.

5.4 In the event that the Buyer amends or adjusts an Order, the Seller shall be entitled to adjust the price accordingly.

6 Payment

6.1 Unless otherwise agreed in writing, the Buyer shall make payment for the Goods in pounds sterling within 10 days of the date of an invoice. The Seller shall be entitled to invoice each instalment as and when delivery has been made.

6.2 In the event of late payment the Seller may charge an administration fee plus any other costs that are incurred due to the late payment.

6.3 The Buyer shall not purport to set off or withhold any payments claimed or due to the Seller under this or any other contract.

6.4 Time of payment shall be of the essence of the contract.

6.5 Return of goods: A 'cooling-off' period of 14 days from the date of the invoice will apply for the return of goods. The cost of the return will be at the Buyer's expense.

7 Cancellation of Subscriptions

Subscriptions can be cancelled at any time and renewal notices will not then be issued for subsequent subscriptions.

8 Warranty

8.1 In substitution for all rights which the Buyer would or might have but for these conditions the Seller warrants that any Goods supplied by the Seller will be free from material defects in materials and workmanship and the Seller will at its option refund the purchase price of or repair or replace free of charge any Goods which its examination confirms are defective provided that:

(a) the Buyer makes a full inspection of the Goods immediately upon delivery;
(b) the Buyer notifies the Seller forthwith of any defects which it discovers;
(c) the buyer has used the Goods in accordance with any instructions or recommendations of the Seller;
(d) the Goods have not been adjusted, altered, adapted or repaired by any party other than the Seller; and
(e) the Goods are either made available to the Seller for inspection or returned to the Seller at the Buyer's own expense, as the Seller may request.

8.2 Except as provided for in these Conditions, any warranties, (whether express or implied by statute or common law or howsoever) including but without limitation those of satisfactory quality or of fitness for a particular purpose (even it that purpose is made known expressly or by implication to the Seller) are hereby excluded.

9 Limitation and Liability

9.1 Subject to clause 10.2 the Seller shall under no circumstances be liable for any indirect, special or consequential loss (including but not limited to loss of anticipated profit of third party claims) howsoever arising whether in contract, tort (including negligence) or breach of statutory duty or otherwise.

9.2 Neither party excludes loss arising from death or personal injury caused by negligence.

9.3 Subject to clause 10.2 the aggregate liability of the Seller (whether in contract, tort (including negligence) or breach of statutory duty or otherwise) to the Buyer for any loss or damage (whether asserted by the Buyer or third parties) of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the Goods.

9.4 The Buyer shall fully indemnify the Seller, its employees, subcontractors and agents in respect of all actions, suits, claims, demands, costs, charges or expenses arising (whether asserted by the Customer or third parties) out of or in connection with the supply of the Goods or this agreement which is in excess of the limit of the Company's liability as set out in clause 10.

9.5 All recommendations and advice given by or on behalf of the Seller to the Buyer as to methods of storing, using or applying the Goods, the purpose for which the Goods may be applied and the suitability of using the Goods in any manufacturing process or in connection with any other materials are given without liability on the part of the Seller.

9.6 The Seller makes no representation or warranty that use of the Goods does not infringe the rights of any third party and the Seller accepts no liability in this respect.

9.7 The Seller accepts no responsibility for incorrect information given by the Buyer.

10 Termination

10.1 If the Buyer:

(a) defaults in any payment; or
(b) compounds with or execute an assignment for the benefit of its creditors or commit any act of bankruptcy or being a company enter into voluntary or compulsory liquidation or suffer a receiver or administrative receiver or administrator to be appointed over all or any part of its assets or take or suffer any similar action in consequence of debt or becomes insolvent or should the Seller have reasonable cause to believe that any of these events is likely to occur.

10.2 The seller may, by notice in writing to the Buyer, without prejudice to any other rights, forthwith suspend or cancel any uncompleted part of the Contract or stop any Goods in transit or require payment in advance or satisfactory security for further deliveries under the Contract.

11 Force Majeure

11.1 The Seller shall not be liable to the Buyer for any loss or damage caused to or Suffered by the Buyer as a direct or indirect result of the supply of the Goods by the Seller being prevented, restricted, hindered or delayed by reason of any circumstances outside the control of the Seller including, without limitation, circumstances affecting the provision of all or any part of the Goods by the Seller's usual source of supply or delivery.

12 Waiver

12.1 The waiver by the Seller of any right, and the failure by the Seller to exercise any right or to insist on the strict performance of any provision of this Agreement, shall not operate a s a waiver of, or preclude any further exercise or enforcement of (as the case may be) or the other exercise or enforcement by the Seller of that or any other right or provision.

13 Severability

13.1 Each provision of this Agreement is severable and distinct from the others. The parties intend that every such provision shall be and remain valid and enforceable to the fullest extent permitted by law. If such provision is or at any time becomes extent invalid, illegal or unenforceable under any enactment or rule of law, it shall to that extent be deemed not to form part of this Agreement but (except to that extent in the case of that provision) it and all other provisions of this Agreement shall continue in full force and effect and their validity, legality and enforceability shall not be thereby affected or impaired.

14 Governing Law

14.1 The construction, validity and performance of the Contract shall be governed by English law and the parties submit to the jurisdiction of the English courts.


NEW products Testimonials FAQs Booksellers Feedback About us Contact us Returns Policy Terms and Conditions		CONDITIONS OF SALE AT FORUM BUSINESS MEDIA LTD. 1 Definition 1.1 In these Conditions the following expressions shall have the following meanings: "Buyer" means the person, firm or company placing an order with the Seller; "Conditions" means the terms and conditions contained herein; "Goods" means all those goods (or any instalment or part of them) are the subject of the Buyer's Order and which are to be supplied to the Buyer by the Seller under these Conditions; "Order" means the order placed by the Buyer for the performance of the Services and/or supply of the Goods; "Seller" means Forum Business Media Ltd and also (where the context permits) its assigns and sub- contractors; "Services" means those services to be performed by the Seller as described in the Order; 1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation. Words in the singular shall include the plural and vice versa, references to any gender shall include the others and references to legal persons shall include natural persons and vice versa. 2 Formation of Contract 2.1 All goods sold and services performed by the Seller are sold subject to these Conditions and these conditions shall be the sole terms and conditions of any sale by the Seller to the Buyer. The terms contained herein will prevail and terms and conditions on the Buyer's order form or other similar document shall not be binding on the Seller and the placing of an order for or the acceptance of the Goods by the Buyer shall indicate unqualified acceptance of these Conditions. 2.2 Where Goods include any item of software, these conditions shall apply as varied and augmented by the appropriate Software Licence (copies available on request). 3 Orders and Delivery 3.1 Orders are accepted by the Seller subject to the availability of Goods for delivery or the Services to be performed. 3.2 All times, dates or period given for delivery of the Goods are estimates only and shall not be of the essence of the contract. The Seller will use all reasonable endeavours to meet any such date but it shall not be binding on the Seller and the Seller shall not incur any liability whatsoever for any loss or damage resulting from delay however caused. For information purposes only, the estimated delivery times of the Goods are 10 working days to a Buyer in the UK 3.3 If the Buyer fails to take delivery of the Goods on the date of delivery, the Seller will be entitled at its sole discretion without prejudice to its other rights to store the Goods at the risk of the Buyer and the Buyer shall in addition to the price payable for the Goods pay all costs and expenses of such storage and any additional costs of carriage incurred. 3.4 The Seller shall not be liable for any loss of or damage howsoever arising (whether in contract, tort (including negligence) or breach of statutory duty or otherwise) to the Goods whilst in transit or for any claim that the Goods or Services are defective or do not otherwise comply with the Order unless written notice is given to the Seller by the Buyer: (a) in the case of loss, damage, defect or non-compliance with the Contract within seven days of the date of delivery; or (b) in the case of Goods not delivered within 10 days of the date upon which the Buyer is notified that the Goods have been consigned for delivery, provided that if the Buyer proves that: (i) it was not reasonably possibly for him to give such notice to the Seller within the appropriate period; and (ii) that notice was given within a reasonable time, the Seller shall not be entitled to rely on the time limits as set our in the clause 3.6. 3.5 In the event that the Buyer has complied with clause 3.6 and that the Buyer has a valid claim for defect loss, damage or non-compliance the Seller undertakes at its option to either refund the value or replace the items concerned at its expense. 3.6 Where the Goods are handed to a carrier for carriage to the Buyer any such carrier shall be deemed to be an agent of the Seller and not of the Buyer for the purposes of section 44, 45 and 46 of the Sale of Goods Act 1979. 3.7 The Buyer agrees that section 32 (3) of the Sale of Goods Act 1979 shall not apply to Goods sent by the Seller. 4 Risk and Title 4.1 Except as otherwise provided in these Conditions, the risk of loss or damage to the Goods shall pass to the Buyer upon delivery of the Goods in accordance with condition 4.3. 4.2 The Seller shall retain title to and ownership of the Goods until it has received payment in full of all sums due and any other contracts between the Seller and the Buyer. If payments received from the Buyer are not stated to refer to a particular invoice the Seller may appropriate such payments to any outstanding invoice. 4.3 Until payment of the purchase price the Buyer shall be the bailee of the Goods for the Seller and the Goods which shall be stored separately from any goods which belong to the buyer or any third party, and shall be clearly marked and identifiable as being the Seller's property. 4.4 The Buyer may only re-sell the goods, as the Seller's agent and bailee of the Goods which belong to the Seller. All proceeds received from any such sale shall be held on trust to settle any sums due in respect thereof to the Seller and pay any balance to the Buyer. Such proceeds shall be placed in separate identified bank account which shall not be permitted to become overdrawn and such proceeds shall not be mingled with other money's and shall at all times be identifiable as the Seller's money. 4.5 If the Buyer fails to make any payment to the Seller when due, compounds with its creditors, executes an assignment for the benefit of its creditors, has a bankruptcy order made against it or being a company, enters into voluntary liquidation or has an administrator or administrative receiver or receiver appointed over all or part of its assets or takes or suffers any similar action in consequence of debt or becomes insolvent or if the Seller has reasonable cause to believe that any of these events is likely to occur the Buyer grants the Seller the right without prejudice to any other remedies: (a) to enter without prior notice any premises where Goods owned by it may be, and to repossess and dispose of any Goods owned by it so as to discharge any sums owed to it by the Buyer under this or any other contract; (b) to require the Buyer not to resell or part with possession of any Goods owned by the Seller until the Buyer has paid in full all sums owed by it to the Seller under this or any other contract; and (c) to withhold delivery of any undelivered Goods and stop Goods in transit. Unless the Seller expressly elects otherwise, any contract between it and the Buyer for the supply of Goods shall remain in existence notwithstanding any exercise by the Seller of its rights under this clause 5. 4.6 The Goods shall, once the risk has passed to the Buyer in accordance with this clause 5 or otherwise, be and remain at the Buyers risk at all times unless and until the Seller has retaken possession of them and the Buyer shall comprehensively insure the Goods against loss or damage by accident, fire, theft or other risks usually covered by insurance in the type of business carried out by the Buyer. 4.7 The Purchase of the Goods do not entitle the Buyer to make any copies of the same. 5 Price 5.1 Unless otherwise stipulated in writing by the Seller the price payable for the Goods or Services shall be as stated in the Seller's price list (current at the date of despatch) less any agreed discount. In the case of an order for delivery by instalments the price payable for each instalment shall be as stated in the Seller's price list at the date of despatch of such instalment. 5.2 The Seller shall be entitled to increase the price for the Goods to take account of increases in costs including (but not limited to) labour, overheads, transportation and or fluctuation of exchange rates between the date of the Seller's quotation (or if no quotation is issued) the Buyers order. 5.3 The price unless otherwise stated is exclusive of the cost of delivery in accordance with clause 4.3 and exclusive of Value Added Tax, customs duties and all other taxes, duties and expenses in respect of the Goods all of which shall be added to the price payable by the Buyer unless otherwise stipulated in writing by the Seller. 5.4 In the event that the Buyer amends or adjusts an Order, the Seller shall be entitled to adjust the price accordingly. 6 Payment 6.1 Unless otherwise agreed in writing, the Buyer shall make payment for the Goods in pounds sterling within 10 days of the date of an invoice. The Seller shall be entitled to invoice each instalment as and when delivery has been made. 6.2 In the event of late payment the Seller may charge an administration fee plus any other costs that are incurred due to the late payment. 6.3 The Buyer shall not purport to set off or withhold any payments claimed or due to the Seller under this or any other contract. 6.4 Time of payment shall be of the essence of the contract. 6.5 Return of goods: A 'cooling-off' period of 14 days from the date of the invoice will apply for the return of goods. The cost of the return will be at the Buyer's expense. 7 Cancellation of Subscriptions Subscriptions can be cancelled at any time and renewal notices will not then be issued for subsequent subscriptions. 8 Warranty 8.1 In substitution for all rights which the Buyer would or might have but for these conditions the Seller warrants that any Goods supplied by the Seller will be free from material defects in materials and workmanship and the Seller will at its option refund the purchase price of or repair or replace free of charge any Goods which its examination confirms are defective provided that: (a) the Buyer makes a full inspection of the Goods immediately upon delivery; (b) the Buyer notifies the Seller forthwith of any defects which it discovers; (c) the buyer has used the Goods in accordance with any instructions or recommendations of the Seller; (d) the Goods have not been adjusted, altered, adapted or repaired by any party other than the Seller; and (e) the Goods are either made available to the Seller for inspection or returned to the Seller at the Buyer's own expense, as the Seller may request. 8.2 Except as provided for in these Conditions, any warranties, (whether express or implied by statute or common law or howsoever) including but without limitation those of satisfactory quality or of fitness for a particular purpose (even it that purpose is made known expressly or by implication to the Seller) are hereby excluded. 9 Limitation and Liability 9.1 Subject to clause 10.2 the Seller shall under no circumstances be liable for any indirect, special or consequential loss (including but not limited to loss of anticipated profit of third party claims) howsoever arising whether in contract, tort (including negligence) or breach of statutory duty or otherwise. 9.2 Neither party excludes loss arising from death or personal injury caused by negligence. 9.3 Subject to clause 10.2 the aggregate liability of the Seller (whether in contract, tort (including negligence) or breach of statutory duty or otherwise) to the Buyer for any loss or damage (whether asserted by the Buyer or third parties) of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the Goods. 9.4 The Buyer shall fully indemnify the Seller, its employees, subcontractors and agents in respect of all actions, suits, claims, demands, costs, charges or expenses arising (whether asserted by the Customer or third parties) out of or in connection with the supply of the Goods or this agreement which is in excess of the limit of the Company's liability as set out in clause 10. 9.5 All recommendations and advice given by or on behalf of the Seller to the Buyer as to methods of storing, using or applying the Goods, the purpose for which the Goods may be applied and the suitability of using the Goods in any manufacturing process or in connection with any other materials are given without liability on the part of the Seller. 9.6 The Seller makes no representation or warranty that use of the Goods does not infringe the rights of any third party and the Seller accepts no liability in this respect. 9.7 The Seller accepts no responsibility for incorrect information given by the Buyer. 10 Termination 10.1 If the Buyer: (a) defaults in any payment; or (b) compounds with or execute an assignment for the benefit of its creditors or commit any act of bankruptcy or being a company enter into voluntary or compulsory liquidation or suffer a receiver or administrative receiver or administrator to be appointed over all or any part of its assets or take or suffer any similar action in consequence of debt or becomes insolvent or should the Seller have reasonable cause to believe that any of these events is likely to occur. 10.2 The seller may, by notice in writing to the Buyer, without prejudice to any other rights, forthwith suspend or cancel any uncompleted part of the Contract or stop any Goods in transit or require payment in advance or satisfactory security for further deliveries under the Contract. 11 Force Majeure 11.1 The Seller shall not be liable to the Buyer for any loss or damage caused to or Suffered by the Buyer as a direct or indirect result of the supply of the Goods by the Seller being prevented, restricted, hindered or delayed by reason of any circumstances outside the control of the Seller including, without limitation, circumstances affecting the provision of all or any part of the Goods by the Seller's usual source of supply or delivery. 12 Waiver 12.1 The waiver by the Seller of any right, and the failure by the Seller to exercise any right or to insist on the strict performance of any provision of this Agreement, shall not operate a s a waiver of, or preclude any further exercise or enforcement of (as the case may be) or the other exercise or enforcement by the Seller of that or any other right or provision. 13 Severability 13.1 Each provision of this Agreement is severable and distinct from the others. The parties intend that every such provision shall be and remain valid and enforceable to the fullest extent permitted by law. If such provision is or at any time becomes extent invalid, illegal or unenforceable under any enactment or rule of law, it shall to that extent be deemed not to form part of this Agreement but (except to that extent in the case of that provision) it and all other provisions of this Agreement shall continue in full force and effect and their validity, legality and enforceability shall not be thereby affected or impaired. 14 Governing Law 14.1 The construction, validity and performance of the Contract shall be governed by English law and the parties submit to the jurisdiction of the English courts.

CONDITIONS OF SALE AT FORUM BUSINESS MEDIA LTD.