Sale of Goods and/or Services
1. In these Conditions the following words shall have the following meaning
"Delivery Address" means the address specified in the Personal details you, the Buyer, have supplied.
"Collection Point" means the designated site as detailed in the instructions on the University Store Web Site.
2. The contract will be subject to these Conditions of Sale, to the exclusion of all other terms and conditions except those prescribed by law.
3. Any date specified by the University for delivery/collection of the goods and/or services is intended to be an estimate, and delivery will be within a reasonable time.
4. If for any reason the Buyer will not accept delivery of the goods when they are ready for delivery, or the University is unable to deliver the goods on time because the Buyer has not provided appropriate instructions or the Buyer has not collected the goods from the Collection Point:-
o (i) risk in the goods will pass to the Buyer
o (ii) the goods will be deemed to have been delivered; and
o (iii) the University may store the goods until delivery/collection, whereupon the Buyer will be liable for all related costs and expenses (including, without limitation, storage and insurance) incurred as a result.
5. The goods are at the risk of the Buyer from the time of delivery/collection. Ownership of the goods will not pass to the Buyer until the University has received cleared payment in full in respect of the goods.
6. Unless otherwise agreed by the University in writing, the price for the goods will be the price as displayed on the University Store Web Site. That price is subject to the addition of all costs or charges in relation to postage, carriage and insurance; where applicable, and payment must be received in advance in all transactions.
7. The Buyer will make all payments due, in advance, under the contract of sale, without any deduction.
8. Nothing in these Conditions excludes or limits the liability of the University for death or personal injury caused by the University's negligence, or for fraudulent misrepresentation. Subject to the preceding sentence, Condition 9 constitutes the entire financial liability of the University (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of: (i) any breach of these Conditions; and (ii) any representation, statement or negligent act or omission, including negligence arising under or in connection with the contract.
9. Subject to Condition 8
o (i) the University's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise arising in connection with the performance or contemplated performance of the contract will be limited to the price of the goods and/or services; and
o (ii) the University will not be liable to the Buyer for loss of profit, loss of business or depletion of goodwill nor for any indirect or consequential liability, loss or damage which arises out of or in connection with the contract.
10. The University reserves the right to defer the date of delivery/collection or to cancel the contract in the case of any strike, lockout, disorder, fire, explosion, accident or stoppage of or affecting the University's business or work which is beyond its reasonable control and which prevents or hinders the delivery of the goods and/or services.
11. When the Buyer visits this website or sends e-mails to the University, the Buyer is communicating with the University electronically. The University shall communicate with the Buyer by e-mail or by posting notices on the website. For contractual purposes, the Buyer consents to receive communications from the University electronically and agrees that all agreements, notices, disclosures and other communications that the University provides to the Buyer electronically satisfies any legal requirement that such communications be in writing. This condition does not affect the Buyer's statutory rights.
12. All content including pictures, designs, logos, photographs, text written and other materials on this website are owned, controlled or licensed to the University. They are protected by copyright, trademarks and other intellectual property rights. Unauthorised use of this content is prohibited.
13. The acknowledgement of the order and these Conditions together constitute the entire agreement between the parties relating to the contract.
14. Each right or remedy of the University under the contract is without prejudice to any other right or remedy of the University whether under the contract or not.
15. The contract will be governed by English Law. The English Courts will have exclusive jurisdiction to deal with any dispute which may arise out of or in connection with the contract