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Practice Track Limited - Standard Terms and Conditions

1 PRICE VARIATION

The price agreed will be the amount invoiced unless a customer advises non-agreement within seven days of receipt of invoice.

2 TAX

Except in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, Practice Track reserves the right to charge the amount of any value added tax payable whether or not included on the invoice.

3 PRELIMINARY WORK

The customer shall pay for all work carried out at their request (and for all materials used in connection with such work) whether for drafting, research, design experimentation, preparation or otherwise at Practice Track's standard rate(s) in force from time to time and whether or not any final or subsequent order is submitted or completed.

4 PROOFS

The customer shall pay (in addition to the agreed price or charges) for any additional work carried out as a result of:

a. Additional (or alterations to) proofs required as a result of the Customer's failure to check and/or correct proofs submitted for approval.

b. Alterations to style, layout, or content by customers in all cases where those matters were in the first instance left to the discretion of Practice Track.

 

5 DELIVERY

5.1 Goods are delivered to the Customer when Practice Track makes them available to the Customer or any agent of the Customer or any carrier (who shall be the Customer's agent whoever pays his charges) at Practice Track's premises or other delivery point agreed by Practice Track.

5.2 Risk in the Goods passes when they are delivered to the Customer.

5.3 Practice Track may at its discretion deliver the Goods by instalments in any sequence.

5.4 Where the Goods are delivered by instalments, each instalment shall be deemed to be the subject of a separate contract and no default or failure by Practice Track in respect of any one or more instalments shall vitiate the Contract in respect of the Goods previously delivered or undelivered.

5.5 Any dates quoted by Practice Track for the delivery of the Goods are approximate only and shall not form part of the Contract and the Customer acknowledges that in the performance expected of Practice Track no regard has been paid to any quoted delivery dates.

5.6 If the customer fails to take delivery of the Goods or any part of them on the due date and fails to provide any instructions, documents, licences, consents or authorizations required to enable the goods to be delivered on the due date, Practice Track shall be entitled upon giving written notice to the Customer to store or arrange for the storage of the Goods, and then risk in the Goods shall pass to the Customer delivery shall be deemed to have taken place and the Customer shall pay to Practice Track all costs and expenses including storage and insurance charges arising from its failure.

5.7 Practice Track shall not be liable for any penalty, loss, injury, damage or expense arising from any delay or, failure in delivery or performance of or repudiate the Contract. This includes any failure to deliver Budget Day Publications on the advised delivery date.

6 VARIATIONS IN QUANTITY

Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 2% for work in one colour only and 5% for other work being allowed for overs or shortage; the customer shall not be entitled to refuse delivery or to any compensation or damages on account of any such shortfall.

7 CLAIMS

Any claim for damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Practice Track and the carrier within two clear days of delivery (or, in the case of non-delivery, within seven days of despatch of the goods) and any claim in respect thereof must be made in writing to Practice Track within seven days of delivery. Practice Track shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that:

a. it was not possible to comply with the requirements and

b. advice (where required) was given and the claim made as soon as reasonably possible

and in the case of claim Practice Track shall be afforded all reasonable opportunity and facility to investigate claims and the Customer shall if so requested, promptly return any goods which are the subject of any claim and any packing securely packed and carriage paid to Practice Track for examination.

8 LIABILITY

Practice Track shall not be liable for any loss to the customer arising from delay in transit not caused by Practice Track.

9 CUSTOMER'S PROPERTY

a. Customer's property and any other third party property supplied to Practice Track by or on behalf of the customer shall, while it is in the possession of Practice Track or in transit to and from the customer, be deemed to be at the customer's risk and the customer should insure accordingly.

b. Except in respect of death or personal injury caused by Practice Track's negligence, Practice Track shall not be liable to the customer by reason of any representation or implied warranty condition or other term or under these express terms for any consequential loss or damage (whether for loss of profit or otherwise) costs, expenses, or other claims for consequential compensation whatsoever.

10 VARIATION

No variation to these conditions is binding unless agreed in writing between Practice Track and the customer.

11 PAYMENT

Payment is due with order. If an order is cancelled after a proof has been produced, payment for the product set-up costs will still be due.

12 OWNERSHIP AND COPYRIGHT

Practice Track shall be owner of and beneficially entitled to the copyright and all other rights of a like nature conferred in the United Kingdom in any artwork carried out by Practice Track at the customer's request from which the work delivered has derived.

13 COPYRIGHT OF PRINTED MATERIAL AND WEBSITE/ELECTRONIC USE OF MATERIAL

Unless otherwise specifically stated, no printed material purchased from Practice Track may be used for any other medium, including electronic media. It is not permitted to copy or scan Practice Track words or artwork onto a website, nor to include it in an e-mail.

14 COPYRIGHT OF WEBSITE/ELECTRONIC MATERIAL

Similarly, unless otherwise specifically stated, no electronic material purchased from Practice Track may be used for any medium other than the one stated, be it website and/or for use in an email. It is not permitted to copy or scan electronically-provided Practice Track words or artwork onto printed material.

As standard our PDF versions are intended for electronic use only. Print Ready PDFs are also available - price on application.

15 RISK AND OWNERSHIP OF THE WORK

a. A risk in the work shall pass to the customer when the customer or its agent take delivery of the work or collects it.

b. Even though risk in the work has passed in accordance with (a) above the customer will not own the work until the printer is paid for the work and no other amounts are outstanding from the customer to Practice Track in respect of other work supplied by Practice Track.

c. Before title has passed to the customer under (b) above and without prejudice to any other rights of Practice Track, Practice Track shall have the right to recover and resell the work and may enter the customer's premises by its servants or agents for that purpose.

16 BUDGET REPORTS AND NEWSLETTERS

These include disclaimers in accordance with the samples. The nature of these products is that the material is based upon Press Releases and our interpretation of that information. No responsibility is accepted as a result of any information that is not correctly reproduced. Practice Track’s responsibilities extend only to the production of a personalised Report/Newsletter.

17 TAX DATA CARDS

The company cannot accept any responsibility for information that is changed as a result of amendments to the Budget in the Finance Bill, Finance Act or Social Security Acts.

18 AVAILABILITY

The availability of publications or products may be subject to change according to changes in Government policy (eg. Budget Report, Autumn Statement summary).

19 COMPETITION STANDARD RULES & REGULATIONS

The standard Rules & Regulations for all Practice Track competitions are as follows:

  • Open to anyone who enters by post, phone, fax, email or via the website by 5pm on the date stated
  • Only one entry per company
  • Entry address: Practice Track, The Old Estate Yard Offices, Upton Cheyney, Bristol, BS30 6ND
  • One entry will be chosen at random for each prize
  • No cash alternative to prize
  • Employees, immediate families or anyone professionally connected to Practice Track are not eligible to enter
  • Winner notification – The winner will be notified by email or phone
  • Practice Track may wish to use winners in any related publicity
  • Practice Track claim no responsibility for responses which are lost, delayed or not received.