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Clarity in CommunicationTerms and Conditions of TradingThis document is also available as a pdf file. Definitions"Buyer" means yourself – the individual or company on whose behalf the work is to be carried out. "Seller" means myself, Niall Leighton, of “Wilmar”, 74 Main Street, Abernethy, Perth, PH2 9LA. "Edited" means either proofread or copy-edited, as laid out in the contract. "Contract" refers to this document, the Purchase Order, the price list and other relevant documents referred to in the Purchase Order. "Purchase Order" relates to a document defining what work is to be carried out on the material to be edited, including for instance but not limited to simple checking for typographical and literal errors or detailed editing for sense against copy. ServiceThese terms constitute the service agreement relating to services provided for proofreading and copy-editing. The precise nature of the degree of editing required may be agreed in writing between the buyer and the seller in the Purchase Order. Rights by the Seller to communicate with third parties (such as authors) may be assigned by the Buyer in the purchase order. PriceThe price of the Service is defined in a published price list. For complex material or in some other circumstances that may be agreed between the Buyer and the Seller this price may vary by written agreement. The Buyer will bear all costs of carriage, packing and other charges. PaymentThe buyer will make payment within 28 days of receipt of the invoice by BACS or other direct transfer to an account to be specified in the invoice for the Service. Interest on late payment will be required at 5% above Royal Bank of Scotland Base Rate. The Buyer and the Seller may agree other terms of payment in writing within 7 days of receipt by the Seller of the material to be edited. In particular, in circumstances where long periods (over around 28 days) are to be spent fulfilling one contract the Buyer may be required to make an interim payment (see also Inspection and Approval). DeliveryUnless specified in writing by the Buyer or the Seller the material to be edited will be delivered by registered mail to the Seller. Unless specified in writing by the Buyer or the Seller, the material provided by this service will be delivered by registered mail to the buyer. As described above (see Price) the Buyer will bear all costs of carriage and packing. Force majeureAn extended time to fulfil the contract may be required in the event of force majeure, wherein circumstances outside the control of the Seller lead to an inability to complete the contract on time. RiskRisk to the material to be edited remains with the Buyer at all times. Consequential lossThe Seller will at all times endeavour to ensure that the service is up to a reasonable standard. In particular the Seller will endeavour to ensure that errors in material to be edited that may be in some way hazardous to the reader will be queried or corrected. However, the seller will not be liable for any consequential loss. Should an extension of time due to the nature of the material be necessary, the Seller will agree this in writing as soon as is possible when it becomes clear that this extension is required. See Notices, below. ConfidentialityThe Seller will not reveal, reproduce or distribute any material deemed by the Buyer to be commercially sensitive. This would normally include all work to be edited. Inspection and ApprovalThe Buyer may stipulate terms of inspection and approval in the Purchase Order. This does not exempt the Seller from responsibility under the other terms of the contract. Buyer’s rightsAll materials to be edited remain the property of the Buyer. VariationNo addition to or variation of these conditions will bind the Seller, unless it is agreed in writing and signed by the Seller. Duration and terminationThe Purchase Order will define terms of duration and termination. NoticesNotices must be communicated in writing. All changes to the contract must be agreed, in writing, by both parties. Variations to the contract must be agreed within 7 days of receipt by the Seller of the material to be edited, except in circumstances that are unforeseen. JurisdictionJurisdiction will lie with the Scottish courts. |
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