General Order Form
Terms & Conditions
Pod Digital Marketing – General Order Form Terms & Conditions
1.1 These Terms and Conditions shall apply to the purchase of the (Goods and Services) detailed in all invoices by you (“Buyer”) from Pod Digital Marketing a company registered in England and Wales under number 10132514 whose registered office is at Office 6 Elizabethan House, Leicester Road, Lutterworth, England, LE17 4NJ. The Client accepts that these Terms and Conditions are to read in conjunction with and form part of the Terms and Conditions which can be found at www.poddigital.co.uk/terms which set out in more detail the nature of the agreement between the parties.
2.1 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
2.2 Words imparting the singular number shall include the plural and vice-versa.
3.1 Subject to sub-clause 3.2 the price (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 cost of the Goods and Services to the Seller due to any factor beyond the Seller’s control.
3.3 Any increase in the Price under sub-Clause 3.2 shall only take place upon the Seller informing the Buyer of the increase 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.
4. BASIS OF SALE
4.1 The document constitutes written acceptance and confirmation by the Seller of the Buyers 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 Seller 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 30 days of the date of this invoice or otherwise in accordance with any credit terms agreed between the Seller 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 Seller shall suspend any further services to the Buyer and, cancel any pending orders from the Buyer and charge the Buyer interest at the rate of 6 % 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 Seller 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 £1000 but less than £10000 the sum of £70.
- (C) For a debt of £10000 or more the sum of £100.
If the reasonable costs of the Seller in recovering the debt are not met by the fixed sum, the seller shall also be entitled to a sum equivalent to the difference between the fixed sum and those costs.
5.5 Time for payment is of the essence of the Contract between the Seller and the Buyer.
5.6 All payments must be made in Sterling unless otherwise agreed in writing between the Seller and the Buyer.
6 RIGHTS, WARRANTIES AND LIABILITY
6.1 The Seller 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.
7. FORCE MAJEURE
Neither party shall be liable for any failure or 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: power failure, Internet Service Provider 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.
8. NO WAIVER
No waiver by the Seller of any breach of these Terms and Conditions 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 and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).
10. LAW AND JURISDICTION
10.1 These Terms and Conditions (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 Seller and the Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.