TERMS AND CONDITIONS

1. Interpretation
In these Terms and Conditions ("Terms"), the following words and phrases shall have the following meanings:

"the Buyer" means the person, firm or company who purchases the Goods from the Company:
"the Company" means Ladson House Publishers Ltd
"Contract" means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms;
"Goods" means copies of the Lists and Data Sources directory ("LADS") or any other goods agreed in the Contract to be supplied by the Company to the Buyer;
"Place of Delivery" means the place to which the Goods are to be delivered.

In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.

2. The Contract
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.

No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.

3. Delivery
Unless otherwise agreed in writing, the Place of Delivery shall be the Buyer's premises.

Any dates specified by the Company for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time.

Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days beyond the date originally specified by the Company.

4. Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery.

Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account.

Until ownership of the Goods has passed to the Buyer, the Buyer shall:

• hold the Goods on a fiduciary basis as the Company's bailee;
• store the Goods separately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Company's property;
• not destroy or deface any identifying mark on the Goods or their packaging;
• maintain the Goods in satisfactory condition insured with the Company's interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money.
  

5. Price and returns
The price for the Goods shall, unless otherwise agreed and confirmed in writing by letter, fax or email, be the price set out on the date of delivery in the Company's price list. The price for the Goods shall be exclusive of all costs of carriage and insurance and applicable VAT which the Buyer shall pay in addition.

The Buyer is responsible for satisfying itself in advance of entering into the Contract that the Goods are fit for the Buyer's purpose, and to this end the Company has placed details of the Goods, including the subject headings contained in the Goods, numbers of lists carried in the Goods, and samples of typical pages and entries carried in the Goods, for inspection on its website at www.ladsonhouse.com. No refunds will be given for any Goods supplied via Contract to any Buyer, except in the circumstances that the Goods arrive in a damaged state at the Place of Delivery, in which case the Company hereby undertakes upon receiving such damaged Goods to resupply fresh Goods as a replacement as soon as reasonably possible.

6. Payment
Subject to paragraph 5, payment of the price of the Goods shall be due 30 days from the date of the Company's invoice for the Goods.
Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.

7. Warranties
The Company warrants that the Goods are of satisfactory quality.

If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Company within 30 days of the discovery of the defect and give the Company a reasonable opportunity to inspect the Goods in question.

The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company.

The Company's liability under the warranty shall be limited to repairing or replacing the Goods in question.

Whilst the Company makes all reasonable efforts to ensure that the data carried in the Goods are reproduced accurately as supplied to the Company, it offers no warranty whatsoever that the data are accurate and will not be held liable for any error or omission or inaccurate claim made in the Goods. The Company does not endorse or support any claims or statements made by list owners, managers or brokers and carried in the Goods, nor does it endorse or otherwise recommend the lists and services offered via the Goods. Buyers are solely and entirely responsible for satisfying themselves that claims made by the owners, brokers and managers of lists carried in the Goods are accurate and that services and products offered are fit for their purpose.

8. Limitation of Liability
The Company's liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed 1,000 and the Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.

9. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party's obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.

10. General
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.

These Terms shall be governed by and interpreted according to the Laws of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.