Franchisee Sales Terms and Conditions

Last modified on December 30, 2006

1. General Terms

Terms like us, we mean International News & Information ltd.
Terms like you, buyer, franchisee mean you.
Terms like goods means physical goods, but also software.
All invoices are payable within 30 (thirty) days of invoice date
All services are supplied as is, without any warranties, implied or otherwise, as to, but not limited to, their fitness for a specific purpose, merchantability, infringement, except in those territories where such a clause is void by law.
All goods are supplied as is, without any warranties, implied or otherwise, as to , but not limited to, their fitness for a specific purpose, merchantability, infringement, except in those territories where such a clause is void by law. Goods are supplied with their manufacturer’s warranties, in so far said warranties are still in effect, either because goods are new or manufacturer has supplied goods with renewed warranties.
Any invoice item which is subject to a separate agreement will be subject to said agreement, in addition to these general terms. Where the terms of the separate agreement differ from these general terms, the separate agreement will take precedence.
In case VAT is not levied on this invoice due to international or EC rules, such levies or taxes may be added by the country or territory where the buyer resides.
These terms and conditions shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English and Welsh courts.
Nothing in these terms and conditions shall prejudice any condition or warranty expressed or implied, or any legal remedy to which we may be entitled in relation to the goods / and or the work the subject of this order.
These terms and conditions are deemed to be known to you as they are referred to on the invoice in the basic terms and conditions printed on the invoice.
We may modify these terms and conditions without notice to you at any time. The applicable invoices will be determined by the date printed at the top of each invoice as compared to the date on this document. Any invoice PRIOR to this date is bound by the term and conditions as they existed at that time. It is therefore for your and our protection that such prior terms and conditions will be kept in an archive, accessible via this website.

2. Specification

2.1 All goods supplied by us shall be in accordance with our current price list as published from time to time and further specifications or descriptions expressly listed or set out on the face of the order.

2.2 Any works are priced on a case by case basis and the valid price for such works or services will be communicated to you expressly on the face of the order.

3. Acceptance

3.1 You will be deemed to have accepted all goods upon their delivery by us to the address specified in the order.

3.2 We must be informed in writing within 7 days of acceptance of the order of any changes, alterations, reductions or cancellations. We reserve the right to retain any deposits or charge in full for any goods supplied or fabricated where cancellation is not made within the period specified. If you requested delivery of goods or work or services to commence within this 7 days period, then you will be charged in full.

3.3 You are deemed to have received all works or services, from the moment they are either delivered to you via such methods as email, CD or DVD, or when they went live on the production site of Livingcountry.com, whose address is www.livingcountry.com.

4. Delivery and Risk

4.1 Unless otherwise stated in the order, the price quoted includes delivery to the address specified in the order.

4.2 Whereas we will try to ensure compliance with any delivery times and dates given, such times and dates are an estimate only. We will not be responsible for any loss whatsoever arising from or consequential upon delay in delivery.

4.3 Risk in the goods or services shall pass to you upon delivery.

4.4 In the event we should fail to deliver goods within 30 days from the date of your order you may cancel your order at any time after that and any deposit paid by you will be returned in full.

4.5 General statement 4.4 is not applicable to services and works. For them, only the agreed upon delivery estimate is binding within reason. This means that with services and works unforseen elements and occurrences may come up, which force us in good faith to revise the estimate. Such revision is not grounds for cancellation or voidance of the order. If the buyer still wishes to cancel the order, then any works and services developed up to that point are chargeable by us. The amount of which may be 100% of the order amount. This may happen in cases where we needed to pre-pay items or services.

5. Title and Payment

5.1 We warrant that we have good title to the goods and will transfer such title as we have in the goods to you pursuant to paragraph 5.3 below.

5.2 Unless otherwise stated in the order, payment of the price of the goods comprised in each order shall become due 7-30 days after delivery.

5.3 Title to the goods comprised in the order shall not pass to you until you have paid the full price, although we reserve the right to sue for the price once payment becomes due notwithstanding that title may not have passed.

5.4 In the case goods means software, then note that we will only pass usage rights to you, or any rights we are entitled to pass on by the user agreements that govern said software.

5.5 Passing of title is not applicable to services. All rights remain with the owner.

6. Price

6.1 If the rate of value added tax (VAT) increases between the date of your order and the date of delivery we will add the necessary additional amount of value added tax to the price of the goods.

6.2 If the price of the goods increases for any other reason between the date of your order and the date of delivery we will notify you of this and give you the choice of accepting the price increase or cancelling the order in which case any deposit paid by you will be refunded in full.

7. Damage in Transit

We will replace free of charge any goods proved to our satisfaction to have been damaged in transit provided that such damage is notified to us or the carriers in writing within 2 days of delivery.

8. Force Majeure

8.1 We shall not be liable for delay or failure to perform any of our obligations under this order if the delay or failure is caused by any circumstances beyond our reasonable control.

8.2 For the purposes of this condition, "force majeure" shall include, but not be limited to acts of God, war, terrorism, civil disorder, industrial dispute, fire or explosions, forces of nature, damage to the Internet infrastructure.

8.3 Upon the happening of a "force majeure" event we shall be entitled to a reasonable extension of time for the performance of our obligations.

9. Guarantees

We do not provide additional guarantees.

10. Exclusions

10.1 We do not exclude liability for death or personal injury, however we shall not be liable for any direct loss or damage suffered by you howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise in excess of £1,000, One Thousand Pounds.

10.2 We shall not under any circumstances be liable for any indirect or consequential loss howsoever caused whether by negligence, breach of contract, misrepresentation or otherwise.

10.3 We or our insurers shall not be liable or investigate any claim for loss unless you have given written notice to us within 7 days of its occurrence and given us or our insurers every facility to investigate such occurrence.

11. Complaints

We aim to provide a high level of service. If you do have an enquiry or complaint regarding the goods provided by us please address them to International news & Information ltd., 28 Old Brompton road, suite 121, London SW7 3SS .