General Order Form
Terms & Conditions
General Order Form
1.1 These terms of business shall apply to the purchase of the all goods and services detailed in all invoices payable by you (“the Buyer”) from Pod Digital Marketing Limited (“the Company") registered in England and Wales under number 10132514 whose registered office is at 6 Elizabethan House, Leicester Road, Lutterworth, England, LE17 4NJ.
2.1 The headings in these terms of business are for convenience only and shall not affect their interpretation. The Buyer is referred to the Company’s specific terms of business for each practice area.
2.2 Words imparting the singular number shall include the plural and vice-versa.
3.1 Subject to sub-clause 3.2 the price (the “Price”) of the goods and services shall be that detailed in the order accepted by the Buyer and as confirmed on the invoice.
3.2 Any increase in the costs of the goods and services shall be due from the Buyer due to any factor beyond the Company’s control.
3.3 Any increase in the Price under sub-Clause 3.2 shall only take place upon the Company informing the Buyer of the increase either orally or in writing.
3.4 The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority or in accordance with any law.
- BASIS OF SALE
4.1 By agreeing to the terms of business, this document constitutes written acceptance and confirmation by the Company of the Buyer’s order for the goods and services.
4.2 The document represents confirmation of a contractual offer to sell the goods and services which the Buyer has accepted. The Company and the Buyer have entered into a contract for the sale of the goods and services.
5.1 The Buyer shall pay the Price stated on the invoice within 14 days of the date of the invoice or otherwise in accordance with any credit terms agreed between the Company and the Buyer.
5.2 Payment must be made by the Buyer notwithstanding that delivery may not have taken place and/or that the property in the goods and services have not been supplied to the Buyer.
5.3 If the Buyer fails to make payment within the period in sub-clause 6.1, the Company may suspend any further services to the Buyer and cancel any pending orders from the Buyer and charge the Buyer interest at the rate of 8% per annum in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended by the Late Payment of Commercial Debts Regulations 2013.
5.4 Further, the Company will also claim compensation arising from late payment under Section 5A of the Late Payment of Commercial Debts (Interest) Act 1998. Under the table of compensation set out in this provision that sum shall be:
(A) For a debt of less than £100, the sum of £40.
(B) For a debt of £1,000 but less than £10,000 the sum of £70.
(C) For a debt of £10,000 or more the sum of £100.
If the reasonable costs of the Company in recovering the debt are not met by the fixed sum, the Company shall also be entitled to a sum equivalent to the difference between the fixed sum and those costs. The Company shall also have a contractual right to be paid the reasonable costs of recovering the debt, less the fixed sum (section 5A(2A) and (3)).
5.5 Time for payment is of the essence between the Company and the Buyer.
5.6 All payments must be made in Sterling unless otherwise agreed in writing between the Company and the Buyer.
- RIGHTS, WARRANTIES AND LIABILITY
6.1 The Company shall not be liable for any loss or damages of any nature, direct or indirect, including any loss of profits or consequential damages suffered or incurred by the Buyer for whatever reason.
- FORCE MAJEURE
Neither party shall be liable for any failure nor delay in performing their obligations, where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to:
7.1 Power failure, Internet Company failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
- NO WAIVER
No waiver by the Company of any breach of these terms of business by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
In the event that one or more of these terms of business is found to be unlawful, invalid or otherwise unenforceable, that/those provisions shall be deemed severed from the remainder of these terms of business which shall remain valid and enforceable.
- LAW AND JURISDICTION
10.1 These terms of business (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
10.2 Any dispute, controversy, proceedings or claim between the Company and the Buyer relating to these terms of business (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
- YOUR RIGHTS TO CANCEL
11.1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to these terms of business.