Advertiser terms

Warranties and liability: Eating Out Review Limited shall for the purpose of this document be known as EOR.

Subject to the conditions set out below, EOR promises to exercise reasonable care and skill in producing the goods.

1: EOR shall be under no liability in respect of any defect in the goods arising in response to any drawing, design or specification supplied by the customer.

1.2: EOR shall be under no liability under the above warranty {or any other warranty, condition or guarantee} if the total price for the goods has not been paid within 30 days of the invoice date.

1.3: The above warranty does not extend to drawings, designs or specifications and/or parts. Materials or equipment not provided or manufactured by the designer, in respect of which the customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the provider or manufacturer to EOR.

1.4: subject as expressly provided in these conditions and except where the goods are provide by EOR to a customer dealing as a consumer (within the meaning of the unfair contracts terms act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

1.5: Where EOR provides the goods to the customer under a consumer transaction (as defined by the consumer transactions {restrictions on statements} order 1976) the statutory rights of the customer are not affected by these conditions.

1.6: Any claim by the customer, which is based on any defect in the quality or condition of the goods or their failure to correspond with the customers instructions {including any drawing, design, or specification supplied by the customer} shall {whether or not delivery is refused by the customer} be notified on the date of inspection or [where the defect or failure was not apparent on reasonable inspection} within a reasonable time after discovery of the defect or failure. If the goods are inspected in accordance with clause 3 and/or delivery is not refused, and the customer does not notify EOR accordingly, the customer shall not be entitled to reject the goods and EOR have no liability for such defect or failure, and the customer shall be bound to pay the price as if the goods had been supplied in accordance with this agreement.

Where any valid claim in respect of any defect in the quality or condition of the goods or their failure to meet specification is notified to EOR in accordance with these conditions. EOR shall be entitled to remedy the problem free of charge, or at EOR's sole discretion, refund to the customer the price paid for the goods [or a proportion or part of the price}, and EOR shall have no further liability to the customer.

1.7: Except in respect of clause 1.6, EOR shall not be liable to the customer by reason of any representation [unless fraudulent}, or any implied warranty, condition or other term, or any duty at common law, or under the expressed terms of this agreement, for indirect, special or consequential loss or damage [whether for loss of value or other wise}, costs expenses, or other claims of compensation whatsoever {whether caused by the negligence of EOR, its employees or agents or otherwise} which arise out of or in connection with the supply of the goods and the entire liability of EOR under or in connection with the contract shall not exceed the price of the goods, except as expressly provided in these conditions.

1.8: EOR shall not be liable to the customer or be deemed to be in breach of this agreement by reason of any delay in performing, or any failure to perform any of EOR’s obligations in relation to the goods, if the delay or failure was due to any cause beyond EOR’s reasonable control without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond EOR’s reasonable control.

Act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition; Acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary, or local authority, import or export regulations or embargoes; strikes, lockouts or other industrial actions or trade disputes {whether involving employees of EOR or a third party}, difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.

1.9; EOR has the right to refund all monies paid, should the area that the magazine covers not produce enough clients, to cover the cost of production and delivery. The website shall remain in place for 6 months, as recompense for any inconvenience caused. No other claims {monetary or otherwise} shall be entered into. By signing this contract the client is in agreement.

2. VARIATION IN QUANTITY AND COLOUR

Every effort shall be made to obtain the best possible colour reproduction on customers work, but because of the nature of the processes involved, EOR shall not be required to guarantee an exact match in colour or texture between the customer’s artwork {to include transparency & photographs} and the printed article

2.1: The number of magazines distributed to letterbox’s and business is dependant on the area concerned and as such the number given is for a good coverage of the area. EOR can vary the number being delivered either way, this being due to more clients wishing to advertise, or in the case of some areas too few

3: CUSTOMER WARRANTIES

3.1: The customer warrants that it has inspected either a hard copy or computer-generated copy of the goods and warrants that it conforms to the customer’s instructions {including any drawing design or specification supplied by the customer}

3.2: The customer warrants that any information or documentation provided to EOR does not infringe the proprietary rights of any person or entity. If the customer breaches this warranty it will indemnify EOR for EOR’s reasonable costs in relation to such breach [including but not limited to costs arising from any claim for intellectual property infringement}

4: OWNERSHIP OF RIGHTS

4.1: The use of artwork or other work produced by EOR in accordance with this agreement is prohibited, without the written consent of the managing director of EOR.

4.2: this agreement does not in any way operate to transfer, assign, or licence intellectual property right in the work referred to in clause 3.1 and EOR expressly retains ownership of such rights

5: PAYMENT

5.1: The customer warrants that payment for goods or services is made immediately on production of invoice and no more than 7 days after receiving an invoice via the post, unless other conditions have been agreed and written on the front of this contract 50% of the total order value is payable with the order and the remaining 50% within 7 days of the publication date.

5.2: The customer warrants that in the case of a limited company, they are an officer or director of that company and as such give their personal guarantee, that payment for said product, shall be meet personally, should the company they have signed on behalf of cease trading, or no longer exist. For the avoidance of doubt A SIGNATURE ON THIS ORDER FORM FROM A LIMITED COMPANY, GUARANTEES THAT SHOULD THE COMPANY CEASE TRADING, THEN THE DEBT SHALL BECOME THE RESPONSIBILITY OF THE INDIVIDUAL, WHO SIGNS THE ORDER. This effectively means that that EOR deals with individuals and partnerships that are responsible for their own debt in a court of law and with limited companies that give personal guarantees.

5.3: After 30 days non payment EOR reserve the right to take legal action in the courts without notice and as such have the right to administer charges as laid down by the court, or any government act in force. The customer also agrees that should an officer from EOR have to attend court, then EOR shall charge £100 for every day that the EOR officer spends in court, without limit, whether in whole or in part, to compensate the loss to EOR for the day(s) spent. 

5.4: The customer will be liable to pay interest on overdue amounts in accordance with the terms of the prevailing UK Legislation (currently The Late Payment of Commercial Debts (Interest) Act 1998). Where this Act does not apply, interest will be calculated at 8% above the Bank of England Base Rate. This charge will not be incurred if the invoice is settled in full, within 30 days of the invoice date.

6 ENTIRE AGREEMENT

6.1: These terms and conditions form the entire agreement and any variations will not apply unless expressly agreed in writing by both EOR and the customer.

7 GOVERNING LAW

7.1: This agreement shall be construed in accordance with and governed by the law of England and Wales and each party agrees to submit to the non-exclusive jurisdiction of the courts of England and Wales. Headings have been used for convenience only and shall not be used to construe any other provisions of this agreement.

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