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 All ICSA Information & Training titles are supplied by Marston Book Services Ltd. Their terms and conditions of sale are outlined below. Marston Book Services Ltd PO Box 269, Abingdon, Oxon OX14 4YN, UK. Tel: (01235) 465500 Fax: (01235) 465555 VAT No. GB787 4454 78 Terms & Conditions 1. DEFINITIONS 1.1 'Buyer' means the person, firm or company whose name appears on the invoice or credit note. 1.2 'Conditions' means the terms and conditions of the sales of Publications set out below. 1.3 'Document' means the invoice or credit note on the reverse of which the Conditions are printed. 1.4 'Marston' means Marston Book Services Limited. 1.5 'the Publishers' means those publishers for whom Marston is the agent in the sales of Publications. 1.6 'Publications' means the articles which the Buyer agrees to buy from Marston the quantity and description which is set out on the invoice. 2. CONDITIONS APPLICABLE 2.1 These Conditions shall apply to all contracts for the sale of Publications to the exclusion of all other conditions including any conditions which the Buyer may purport to apply under any purchase order or confirmation of order or similar document. 2.2 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Marston or the Publisher. 2.3 All orders of Publications shall be deemed to be an offer by the Buyer to purchase the Publications pursuant to these Conditions. 2.4 Acceptance of delivery for the Publications shall be deemed as conclusive evidence of the Buyer's acceptance of these Conditions. 2.5 The Buyer agrees and accepts that Marston is the agent of the Publishers in relation to all aspects of the sale of the Publications. 3. PRICE AND PAYMENT 3.1 The price for the Publications is set out on the Invoice Document and in the Publisher's catalogue and unless indicated otherwise is exclusive of VAT. 3.2 The Buyer shall pay for the Publications within the number of days stipulated on the Document, such number of days to be calculated from the end of the month in which the Document is dated. 3.3 Interest on overdue invoices shall accrue from the date when payment becomes due, from day to day until the date of payment at a rate of 2% above Barclays Bank Plc's base rate from time to time in force and shall accrue at such a rate after as before any judgment. 3.4 Any discounts to the price of the Publications are to be agreed with the Publishers. 3.5 All unavailable titles are recorded as dues unless marked cancelled on the invoice. 3.6 The Buyer may instruct Marston not to record dues. This instruction will be implemented unless the Buyer countermands the instruction for any particular order. 3.7 Marston may at their discretion elect not to record dues. All unavailable titles will be noted as cancelled on the invoice. 3.8 The Buyer may only return Publications for credit when this is done in accordance with the relevant Publishers returns policy and prior authorisation has been given. 4. THE PUBLICATIONS 4.1 The quantity and description of the Publications shall be as set out on the invoice overleaf (subject to any temporary stock shortages). 5. WARRANTIES 5.1 All terms, conditions and warranties (whether implied or made expressively) whether by Marston or its servants or agents otherwise or in relation to the quality and/or fitness for the purpose of the Publications or any of the Publications are excluded. 6. DELIVERY 6.1 Time for delivery of any Publications is not guaranteed and time for delivery is not of essence in any order. 6.2 Marston shall not be liable to the buyer for late delivery or unavailable items. 6.3 Marston shall arrange for the Publication to be delivered to the Buyer's delivery address. The Buyer shall make all the arrangements to take delivery of the Publications whenever they are tended for delivery. 7. ACCEPTANCE 7.1 The Buyer shall be deemed to have accepted the Publications 72 hours after delivery to the Buyer. 7.2 Where the Buyer accepts or has been deemed to have accepted any publications Marston shall have no liability whatever to the Buyer in respect of the Publications (except for any defective publications). 7.3 Any claim for damaged Publications or for shortage of Publications must be notified in writing to Marston within seven days of receipt of the Publications, otherwise no claim will be considered. 7.4 Where dues are recorded, as shown on the invoice, they will be deemed to be accepted by the Buyer unless Marston is requested to cancel them within 72 hours of receipt of the invoice. 8. TITLE AND RISK 8.1 The Publications shall be at the Buyer's risk as from delivery to the Buyer's premises or to the Buyer's appointed shippers, whichever occurs first. 8.2 In spite of delivery having been made, the property in any of the Publication supplied by Marston shall not pass from the Publisher to the Buyer until: 8.2.1 The Buyer shall have paid the sum invoiced by Marston in respect of the relevant order for that publication in full; and 8.2.2 No other sums whatever shall be overdue in the Buyer's accounts with Marston in respect of Publications supplied by Marston on behalf of any of the Publishers. 8.3 The Buyer shall not pledge or in anyway charge, borrow or offer any security for any indebtedness any of the Publications which are the property of the Publishers. Without Prejudice to the other rights of Marston or the Publishers, if the Buyer does so, then all sums whatever owing by the Buyer to Marston shall immediately become due and payable. 9. INSURANCE 9.1 The Buyer shall insure and keep the Publications insured to their full price against "all risks" to the reasonable satisfaction of Marston until the date when the property in the Publications passes to the Buyer. 9.2 If the Buyer fails to insure or keep insured the Publications under this clause, then all sums owing to Marston shall be immediately payable. 10. REMEDIES OF THE BUYER 10.1 Where the Buyer rejects any Publications the Buyer shall have no further rights whatever in respect of supply to the Buyer of such Publications or the failure by Marston to supply any other Publications which conform to the details set out on the invoice. 11. LIMITATION OF LIABILITY 11.1 In the event of any breach of the Conditions by Marston, the remedies of the Buyer shall be limited to damages. Marston shall be under no liability whatever to the Buyer for any indirect loss and or expense (including the loss of profit) suffered by the Buyer arising out of a breach by Marston of this contract. 11.2 Under no circumstances shall Marston’s liability to the Buyer exceed the net price of the Publications set out on the invoice. 12. PROPER LAW 12.1 The Conditions are subject to the law of England and Wales Returns Policy In addition to these terms and conditions, ICSA Information & Training Ltd has a returns policy in the event that a customer should wish to return a book purchased via www.icsabookshop.co.uk. All returns must be in a re-saleable condition. Returns are accepted within 14 days for UK customers, and 28 days for overseas customers. After this period returns are not normally accepted unless with prior agreement from the publisher. Books must be returned along with a copy of the original invoice or despatch paperwork to: Marston Book Services Returns are made at the customer’s expense.
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