Terms & Conditions
1 - Definitions
1.1 - The "Buyer" means the account applicant or person who accepts a quotation of the Seller or whose order for the Goods is accepted by the Seller.
1.2 - The "Seller" means Musicline Publications Ltd,
1.3 - "Conditions" means the conditions of sale set out in this document and any special and/or additional conditions agreed in writing by the Seller.
1.4 - "Good" or "Goods" means the goods which the Seller is to supply in accordance with these Conditions.
1.5 - "Writing" includes facsimile transmission, [email] and other comparable means of communication.
1.6 - "including" and "in particular" shall be construed as not limiting any general words or expressions in conjunction with which either of those expressions is used.
2 - Conditions
2.1 - These conditions shall apply to all contracts for sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any which the Buyer may purport to apply under any purchase order, confirmation of order or any such similar document.
2.2 - No variation or addition to these Conditions shall be effective unless agreed in writing by the Seller.
2.3 - Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller and without any prior notification. The views and opinions expressed in any sales literature or on the Seller's website are the views of the contributors and should not be taken necessarily as fact.
2.4 - Goods may only be ordered on invoice terms by approved organizations, after credit checks have been conducted. Any Buyer that has a poor credit rating or fails to pay the Seller promptly will have this facility withdrawn and will only be allowed to purchase subsequent orders with prior payment.
2.5 - Hardware such as keyboards, sound cards, cables etc will not be accepted back for credit except where the goods are found to be faulty in manufacture.
2.6 - Nothing in these Conditions shall affect the statutory rights of any consumer.
3 - Prices
3.1 - The price shall be that on the Seller's current list price or as otherwise agreed in writing by the Seller and the Buyer should confirm prices (including any promotional prices and special offers) at the time of ordering.
3.2 - Prices are subject to change without notice.
3.3 - All prices on the website are stated exclusive of VAT. VAT is then added where applicable at the appropriate rate during the ordering process and charges for packing, postage and carriage shall be paid in addition.
3.4 - All orders placed with the Seller are subject to the full postage incurred by the Seller, and shown on the invoice, being paid by the Buyer.
4 - Payment
4.1 - Credit accounts are available for corporate customers against approved references.
4.2 - In the case of sales to Buyers who do not qualify for credit accounts, payment must be made in full before dispatch of any Goods.
4.3 - Payment may be made by cash, cheque, visa, mastercard or switch.
4.4 - In the case of sales made to customers with credit accounts, payment is due in full on the terms of credit agreed which shall not be more than 28 days from the date of the invoice unless otherwise agreed in writing by the Seller. Goods returned after that time will not be accepted for credit. All unwanted material must be returned within that time and must be in re-saleable condition. Any goods returned in an unacceptable condition will be charged for at the full cost of the goods.
5 - Interest on Overdue Invoices
5.1 - Interest on overdue invoices shall accrue on any unpaid amounts from the date when payment becomes due at 6 per cent per annum above NatWest Bank plc base rate from time to time until the date of payment (a part of a month being treated as a full month for the purpose of calculating interest), to accrue both before and after any judgment.
5.2 - All invoices shall be paid in full, free from any deduction for any set-off, counterclaim or otherwise howsoever.
6 - Delivery
6.1 - Wherever possible, the goods are dispatched on the same day as receipt of order. Exceptionally, such as when items are out of stock, the full order will be dispatched at the earliest opportunity unless the Buyer specifically states that back orders are acceptable.
6.2 - Delivery of the Goods shall be made to the Buyer's address and the Buyer shall make arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.3 - The method of dispatch for all sales shall be at the Seller's discretion.
6.4 - The Seller's delivery charges and the timing of all deliveries shall be as published from time to time.
7 - Ownership and Risk
7.1 - The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller's premises at the Buyer's request.
7.2 - The Seller remains the owner of the Goods affected by the contract until the Seller has been paid in full in cash or cleared funds for such Goods and all other Goods agreed to be sold by the Seller to the Buyer for which payment is due.
7.3 - Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller's property.
7.4 - If any payment due under these Conditions is overdue in whole or in part, the Seller may without prejudice to any of its other rights recover and/or re-sell the Goods or any of them and may enter on the Buyer's premises by its servants or agents to recover the Goods and the Buyer shall be liable for all the Seller's costs of so doing.
7.5 - The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) immediately become due and payable.
8 - Returns/Cancellations/Replacements
8.1 - The Buyer is responsible for the payment of carriage charges on returned items and will be invoiced for any excess carriage charges we may incur as a result of this policy not being adhered to.
8.2 - CD's may be purchased for assessment purposes. Returned CD's must be adequately packaged to prevent damage occurring in transit. The CD must be in perfect condition and must not have been copied in any way by whatever means. The copying of recorded material without written permission from the Seller contravenes Copyright Law. We will use the full weight of the law to protect the rights of the Copyright owners.
8.3 - Software may only be returned for credit provided that the seals remain intact on the packaging. It should be noted that the onus is on the Buyer to ensure that the goods are suitable for the intended purpose and that the Buyer has the appropriate resources as stated on the packaging, before breaking any packaging seals. The Seller will not accept any goods for credit if such seals are broken or the goods have been used in any way except where the goods are found to be faulty in manufacture.
TERMS AND CONDITIONS
All material supplied by us is copyright protected and that any copying by whatever means, without written permission is ILLEGAL. We will take action against any organisation or individuals found to be in breach of copyright law. In most cases, blanket licenses or permissions taken out with copyright agencies such as CLA will not cover music or dramatical works.