Dunedin Academic Press
TERMS OF USE, COPYRIGHT & PRIVACY
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1. TERMS OF USE
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of Dunedin Academic Press Ltd. The information and materials displayed on the
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You may not copy, reproduce, upload, post, republish, retransmit or modify in
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Dunedin Academic Press Ltd does allow the downloading of one copy of extracts
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provided that all copyright and proprietary notices are kept intact. Any unauthorised
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Due effort has been made to contact copyright holders for permission to reproduce
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2. PURCHASES FROM AMAZON
Whilst every effort is made to ensure information on prices and availability
are accurate, this cannot be guaranteed and Dunedin Academic Press Ltd. reserves
the right to change price and availability information without notice. Before
making any purchase of our publications from Amazon please read their Terms
and Conditions. Dunedin Academic Press has no control over and therefore cannot
accept any responsibility for the supply of any of our publications ordered
from Amazon even if you followed a link to their pages from our Site.
3. LINKS TO THIRD PARTY WEB SITES
The Site may include links to third party websites which are maintained by others.
Dunedin Academic Press Ltd. does not control the material contained in these
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please consult the Terms of Use of the website concerned.
4. PRIVACY
Strictly for internal use and for the benefit of development of the Site, Dunedin
Academic Press Ltd. may keep statistics of the Site's usage and pages visited.
Dunedin Academic Press Ltd. will also keep information volunteered by the user,
such as e-mail correspondence, survey information and registrations. Dunedin
Academic Press Ltd will not disclose this information to third parties except
as permitted by you and as required to enable us to develop and maintain the
Site with our suppliers.
5. DISCLAIMER
Your use of the Site is 'as is'. The Site is provided by Dunedin Academic Press
Ltd in good faith but Dunedin Academic Press Ltd does not make any representations
or warranties of any kind, express or implied, in relation to all or any part
of the Site or the Content or any websites to which the Site is linked, and
all warranties and representations are hereby excluded to the extent permitted
by law.
There is and can be no guarantee that the Site will be error or virus free,
or free from other harmful codes. Under no circumstances shall Dunedin Academic
Press Ltd. be held liable for any loss/damage, arising out of or in connection
to any use of, or inability to use, all or any part of the Content, the Site
and/or any website to which the Site is linked, or any action taken (or refrained
from being taken) as a result of using any of these.
6. AMENDMENTS TO THE TERMS OF USE
Dunedin Academic Press Ltd. reserves the right to add to or amend these terms
of use and agrees to ensure that details of the date and nature of amendments
will be included as part of the conditions. Any changes will be listed in the
Terms of Use and it is the user's responsibility to ensure that you are aware
of any such changes. Changes will become effective 24 hours after first posting
and you will be deemed to have accepted any change if you continue to access
the Site after that time.
Dunedin Academic Press Ltd., Conditions of Supply of Goods and Services
1. Definitions
1.1 "The Company" means Dunedin Academic Press Limited, Hudson House,
8 Albany Street, Edinburgh EH1 3QB. The Company is registered in Scotland, No.
SC211929 or, where the context admits, its Distributor
1.2 "Customer" means any person, firm, company or unincorporated association
which orders, buys or licences goods or services from The Company.
1.3 "Contract" means an individual legally binding contract between
The Company and The Customer created when an Order placed by the Customer is
accepted by The Company according to these Conditions.
1.4 "Distributor" means the Company's Distributor, Turpin Distribution
Ltd, Pegasus Drive, Stratton Business Park, Biggleswade, SG18 8TQ, United Kingdom
1.5 "Goods" means the goods, and/or where the context admits, Services,
which are the subject of the Contract.
1.6 "Invoice" means the invoice given or sent to the Customer detailing
the Goods and the Price.
1.7 "Order" means the order placed by the Customer for the supply
of Goods by The Company and the Customer acknowledges that these Conditions
apply.
1.8 "Price" means the total price to be paid by the Customer to The
Company for the supply of Goods.
2. Acceptance of Orders
2.1 Any quotation relating to Goods supplied by The Company and any catalogue,
advertisement, or mail shot for such Goods shall not constitute an offer capable
of acceptance by the Customer but an invitation to treat only. All Orders are
accepted solely at the discretion of The Company and, if accepted, are accepted
only on these Conditions.
2.2 These conditions shall prevail over any different or additional terms contained
or referred to in a Customer's order and no such additional terms will bind
unless expressly accepted in writing by a duly authorised officer of The Company.
2.3 An Order shall be deemed to have been accepted by The Company on whichever
is the earliest of the following events:
2.3.1 the acceptance by the Company of payment in cleared funds for the Goods;
2.3.2 despatch to the Customer of a note advising that the Contract has been
recorded and will be fulfilled once the Goods to which the advice note refers
are available;
2.3.3 delivery of the Goods to the Customer or as the Customer has directed;
2.3.4 in the case of periodicals delivery of the first part to which a subscription
relates to the Customer;
2.3.5 in the case of services, commencement by The Company of performance of
the said services.
3. Delivery of Goods
3.1 unless otherwise agreed with the Customer the Company shall effect delivery
of the Goods at the Customer's expense.
3.2 Delivery to the Customer shall take place when the Goods are placed with
the Customer or at an address specified by the Customer.
3.3 Risk in the Goods shall pass to the Customer upon delivery to the Customer.
3.4 The Company reserves the right to make delivery to the Customer by instalments
in all cases. Where Goods are delivered by instalment the Customer shall not
be entitled to treat defective delivery of an instalment as a repudiation of
the whole Contract nor to defer payment for any previous instalment.
3.5 Any time or date given by the Company for delivery is but an estimate given
in good faith.
4. Property in the Goods
4.1 Notwithstanding delivery and the passing of risk in the Goods, property
in the Goods shall not pass to the Customer until The Company has received payment
in cash or cleared funds for the full price of the Goods.
4.2 Until Property in the Goods passes to the Customer, the Customer shall keep
the Goods in good condition and free of any charge and The Company may at any
time request that the Goods be returned to it in mint resalable condition by
the Customer and, if such request is not met within three days, The Company
may retake possession of the Goods and may enter any premises of the Customer
for that purpose.
4.3 Until such time as property in the Goods passes to the Customer the Customer
shall hold the Goods as The Company's agent and custodian and shall keep them
separate from its property and from that of third parties and properly stored.
If the Customer shall sell or otherwise dispose of the Goods, or any part thereof,
it shall receive and hold the proceeds of such sale or disposal or any other
monies derived from or representing the Goods, or any part thereof, including
insurance proceeds, separate from any monies of the Customer or any third party
and shall, as soon as possible after receiving same pay such monies to The Company.
4.4 The Company shall be entitled to sue for the Price once payment is due in
terms of these Conditions notwithstanding that property in the Goods has not
passed to the Customer.
5. Price and Payment
5.1 The Price shall be the price quoted by the Company or, where no price has
been quoted the price listed in the Company's price list at the date of delivery
of the Goods to the Customer plus VAT, where applicable and/or other applicable
taxes or duties and shall be specified on the Invoice. Unless otherwise confirmed
in writing to the Customer, quotations shall be valid from 30 days of the date
on which they were given.
5.2 Prices and discounts published in catalogues, advertisements and mail shots
by The Company shall be subject to change without prior notice.
5.3 The Invoice shall be given to the Customer on the date of delivery or as
soon as is reasonable practicable thereafter.
5.4 The Price is due from the Customer on or before within fourteen days of
Invoice date unless otherwise agreed in writing.
5.5 Goods may be supplied to the Customer on 'See Safe' terms in which case
the Customer may return the Goods, at the Customer's expense, for a full refund
of the Price provided only that the Goods are received back by The Company in
mint resaleable condition.
5.6 It is hereby expressly stated that prompt payment of the Price is of the
essence of the Contract and in default of payment The Company may at its discretion
either suspend further deliveries of Goods or performance of services under
the Contract or otherwise until payment is made or cancel the contract and subsequent
Contracts insofar as Goods remain to be delivered or services performed thereunder.
5.7 If the Price is not paid in full by the due date the Customer shall reimburse
The Company in full for all costs and expenses incurred by The Company in connection
with the recovery of any money due to The Company under the Contract.
5.8 The Company shall apply any payments made by the Customer to The Company
to such invoices, or Goods listed in Invoices, as The Company at its absolute
discretion shall see fit.
5.9 Except with the express agreement of the Company in writing, no deduction
shall be made by the Customer from any payment for Goods for or on account of
any thing whatsoever including any set-off, counter-claim or taxes.
6. Cancellation of Subscriptions
Subscriptions may be cancelled at any time and thereafter renewal notices will
not be issued for subsequent subscription periods. Refunds will not usually
be made for the unexpired portion of current subscriptions already paid for
except in unusual circumstances and then solely at The Company's discretion.
7. Warranties and Guarantee
7.1 The Company warrants that
7.1.1 It either has the right to sell the Goods to the Customer or that it has
obtained all necessary rights to licence them and that the Customer's statutory
rights to possession and title are preserved;
7.1.2 That the Goods shall correspond to their description as set out in the
Company's promotional literature and advertisements unless the Customer is specifically
advised to the contrary prior to the delivery of the Goods.
7.1.3 Where the Goods consist of or include services provided by The Company
these services shall be provided with reasonable care and skill.
7.2 The Customer shall inspect the Goods immediately on delivery and within
14 days of delivery (time being of the essence of this Contract) shall give
notice in writing to the Company of any alleged shortages in the Goods or any
damage or defect in the Goods or any other reason by which the Customer believes
the Goods not to be in accordance with the Contract. If the Customer fails to
give such notice then the Goods shall be presumed to be in accordance with the
Contract in all respects and, subject to clause 7.3 of this Contract, the Customer
shall not be permitted thereafter to reject the Goods or claim from The Company
in respect of shortage, damage or defect.
7.3 In respect of defect or damage in the Goods that was not apparent on reasonable
inspection at the time of delivery of the Goods notice shall be given to The
Company within 14 days of the discovery of such defect or damage. If requested
by The Company such Goods shall then be returned promptly to The Company if
The Company so requests.
7.4 In the event that the Goods are defective or damaged and the damage or defect
is properly notified to The Company in accordance with clauses 7.2 or 7.3 above,
then The Company guarantees to refund the Customer the full Price in respect
of the defective Goods or to cancel the liability of the Customer to pay the
said Price except that the Customer may opt instead to have the Goods repaired
or replaced.
8. Limitation of Liability
8.1 Subject to clause 8.5 The Company's liability under this clause shall be
to the exclusion of all other liability to the Customer whether in contract,
tort, delict (including negligence or breach of statutory duty) or otherwise
for defects in the Goods or for any loss or damage caused by the Goods and all
other conditions, warranties or other statements whether express or implied,
by statute, at common law or otherwise are expressly excluded.
8.2 In particular, except as set out in clause 8.1:
8.2.1 The Company makes no warranties regarding fitness for purpose, performance,
use, nature or satisfactory quality of the Goods, whether express or implied,
by statute, at common law or otherwise;
8.2.2 Reasonable care is taken to ensure the accuracy and completeness of the
Goods and The Company makes no representation or warranty, express or implied,
that the Goods are free from errors or omissions.
8.3 Subject only to clause 8.5, in no circumstances shall the Company be liable
in contract, tort or delict (including negligence or breach of statutory duty)
or otherwise for:
8.3.1 any increased costs or expenses, or
8.3.2 any loss of profit, business, contracts or revenues, or
8.3.3 any liability of the Customer to any third party, or
8.3.4 any indirect or consequential damage of any nature whatsoever arising
directly or indirectly out of The Company providing the Goods to the Customer
or any failure or defect therein or of the performance, non-performance or delayed
performance of the Contract by The Company.
8.4 Subject to clause 8.5, the liability of The Company to the Customer in respect
of the Contract shall be restricted to the Price.
8.5 Nothing in these conditions shall operate or be construed to operate to
restrict or exclude:
8.5.1 the liability of The Company for death or personal injury resulting from
the negligence of The Company or its servants, employees or agents; or
8.5.2 the statutory rights of the Customer where the Contract is entered into
as a consumer transaction as defined by law.
9. Force majeure
The Company shall not be responsible for any delay or failure to fulfil its
obligations under the Contract by reason of delay in delivery of the Goods or
any part thereof caused by any Act of God, war, government restriction, import
or export regulation, strike, lockout, trade dispute, fire, flooding or any
other cause whatsoever beyond the control of The Company.
10. Indemnity
The Customer shall indemnify The Company in respect of all loss, damage or injury
occurring to any person, firm company or property and against all actions, claims
and demands in connection therewith for which The Company may become liable
in respect of the Goods in the event that such loss, damage or injury shall
have been occasioned by the negligence of the Customer.
11. Intellectual Property
11.1 All copyright and other intellectual property rights whatsoever in the
Goods or any materials derived from the Goods are reserved to the copyright
owner and the Customer irrevocably acknowledges and agrees that the supply of
Goods to it by The Company shall not serve to transfer such rights.
11.2 No part of the Goods may be reproduced in any material form, including
photocopying or storing in any medium by electronic means, without the written
permission of The Company save as permitted by law or under the terms of a licence
issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London, England
W1P 9HE. Application for the copyright holder's permission to reproduce any
part of the Goods shall be addressed to The Company.
12. Restrictions on Resale
The Goods are supplied to the Customer on the condition that they shall not
by way of trade or otherwise be lent, resold, hired out or otherwise circulated
in any form or binding other than that in which they were supplied without The
Company's prior approval and without a condition similar to this condition being
imposed on any subsequent purchaser.
13. Termination
13.1 In the event of the Customer committing any breach of these Conditions,
going into liquidation, having a receiver, liquidator, judicial factor or similar
officer appointed over the whole or any part of its assets, becoming bankrupt
or apparently insolvent or entering into any arrangement with its creditors
or circumstances arise which in the sole judgment of The Company render any
of the foregoing likely to occur then The Company shall be entitled, without
giving notice or any liability whatsoever, to terminate the Contract forthwith
and to enter the Customer's premises for the protection, removal, realisation
and disposal of any of the Goods in which property shall not have passed to
the Customer in accordance with these Conditions. The Company shall also be
entitled to cancel all Contracts or any outstanding parts thereof remaining
unfulfilled between The Company and the Customer and to sell to any other party
or otherwise dispose of the Goods.
13.2 Termination of the Contract shall not discharge any pre-existing liability
of the Customer to The Company and on such termination The Company shall be
entitled to recover from the Customer such loss or damage as The Company may
have suffered by reason of such termination.
14. General
14.1 No failure or delay by The Company to exercise any right, remedy or privilege
contained in these Conditions shall operate as a waiver of the same.
14.2 If any provision of these Conditions shall be held to be illegal or unenforceable
in whole or in part under any enactment or rule of law, such term or provision
shall be deemed not to for part of these Conditions but the validity and enforceability
of the rest of these Conditions shall not be affected.
14.3 Any notice required to be given by The Company to the Customer or vice
versa shall be in writing and in the case of notices to The Company shall be
sent to The Company's registered address or such other address as may be intimated
to The Company from time to time and in the case of notices to the Customer
to the Customer's last known address. In the case of notices sent by first class
post they shall be deemed to be delivered 3 working days after posting.
14.4 The amount of any sum due to The Company from the Customer shall be ascertained
by a certificate under the hand of the Secretary or a Director of The Company
and such certificate shall be final and binding on the Customer and, in the
case of Contracts between The Company and customers in Scotland, The Company
and the Customer consent to the registration of the Contract and any such certificate
for preservation and execution.
14.5 The Company shall be entitled to change or amend these Conditions at any
time at its entire discretion and such amended Conditions shall apply to future
Contracts between The Company and the Customer.
15. Jurisdiction
These Conditions and any Contract of which they form part shall be governed
in all respects by the Law of Scotland and The Company and the Customer hereby
irrevocably commit to submit to the jurisdiction of the Scottish Courts.
Note: Trade Customers
The Company may at its sole discretion grant trade terms to booksellers and
trade suppliers by prior arrangement. Application for the granting of trade
terms should be made to The Company.
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