THE CUSTOMER’S ATTENTION IS, IN PARTICULAR, DRAWN TO THE PROVISIONS OF CLAUSE 7.2 IN THE SECTION ENTITLED LIABILITY.
1.1 For the purposes hereof “the Company” shall mean Key Production (London) Ltd (a company registered in England and Wales with number 2794065) and “the Customer” shall mean the party to whom the relevant invoice is issued by the Company. “The Goods” shall mean the goods, materials or other items to be supplied pursuant to the Contract and, without limitation, shall mean all, or any part of the constituents of, vinyl records, cassettes/tapes, CDs, CD-Rs, floppy CDs, DVDs, combined CD/DVDs and/or any other related or equivalent product(s) supplied pursuant to the Contract.
1.2 Every contract concluded between the Company and the Customer shall comprise solely of the relevant invoice and these standard Terms and Conditions which shall be attached thereto and/or made available to the Customer beforehand (“the Contract”). All other terms, conditions or representations are hereby specifically excluded (including, without limitation, any terms or conditions that the Customer purports or attempts to add, apply or exclude by way of (or endorses on) any purchase order, order confirmation or similar document, or in any other manner, and whether or not any such document is referred to in the Contract) save as may be expressly and specifically agreed in writing in advance between a director of the Company and the Customer. In the event of any conflict arising between these Terms and Conditions and any terms or conditions so added, the former shall prevail. These Terms and Conditions override and replace any other standard or published terms and conditions of the Company from time to time. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.
1.3 The Company’s quotations do not constitute an offer. Each order made, or acceptance of a quotation, for Goods by the Customer shall be deemed to be an offer by the Customer to buy such Goods from the Company subject to these Terms and Conditions. No order placed by the Customer shall be deemed to have been accepted by the Company (and no contract shall have been formed between the Company and the Customer) until a written acknowledgement of order has been issued by the Company or (if earlier) the relevant Goods are delivered to the Customer. The Customer is responsible for ensuring that the terms of its order, and any applicable specification, are complete and accurate. The quantity and description of the Goods shall be as set out in the Company’s quotation or acknowledgement of order. Any quotation given by the Company shall be valid for a period of 30 days, unless previously withdrawn or extended by the Company. In any event, all orders are subject (i) to the Company receiving any and all necessary licences required to purchase, process and/or use the required materials and/or to manufacture the relevant Goods and (ii) to the Company being reasonably able to obtain the materials required to manufacture the Goods.
1.4 All samples, descriptive matter, specifications and or advertising/promotional material issued or published by the Company, and any descriptions or illustrations contained in the Company’s catalogues or brochures or on the Company’s website, are (in each such case) issued or published by the Company for the sole purpose of giving an approximate idea of the Goods described therein and they shall not, or be deemed to, form part of any Contract.
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