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copyright: art&soul 2008
General
Terms and Conditions
1)
General Obligations
1.1 Art&Soul shall deliver the goods as specified.
1.2
The client shall provide payment for the goods prior to despatch.
1.3 Art&Soul
reserve the right to decline any order without reason being given.
2)
Liability
Nothing in this agreement affects the statutory rights of a consumer.† Subject
thereto all representations, warranties, guarantees and conditions express or
implied, statutory or otherwise are expressly excluded and Art&Soul does
not accept liability for loss, damage, or injury howsoever arising.
Art&Soul
shall in no circumstances have any liability for any consequential loss or damage.
3)
Force Majeure
If Art&Soul is prevented or delayed in the performance of any of its
obligations under this agreement by circumstances beyond its reasonable control
then Art&Soul shall be excused the performance or punctual performance
of the services as the case may be for so long as such cause of prevention
or delay shall continue.
4) Ownership and risk in goods sold
4.1 Risk
of damage to or loss shall pass to the client at time of delivery.
4.2 Notwithstanding
delivery and the passing of risk in the goods supplied the property in the
goods shall not pass to the client until such time as Art&Soul has received
payment or cleared funds payments in full of the price of the goods.
4.3 Until
such time as the property in the goods passes to the client, the client shall
hold the goods as Art&Soul's agent and
bailee and shall keep the goods separate from that of the client and third
parties and properly stored protected and insured and identified as Art&Soul's
property.
5) Health and Safety
5.1 The client shall take all reasonable
steps to ensure that the goods are stored and used safely and without possible
endangerment to the owner or other persons.
The client has the responsibility
of protecting the health and safety of persons from the goods supplied.
5.2 The
client shall take every reasonable step to ensure the goods are not handled
by minors or persons under the influence of intoxicating drink or drugs.
5.3
The client shall take every possible step to ensure that the goods are not
used for illegal purposes especially the endangerment of other persons. 5.4
The client acknowledges that the goods are produced as a cutting implement
and as such can cause injury if misused, the client shall take every possible
step to ensure the goods are not misused or abused in any way.
5.5 The
client acknowledges also that the abuse and misuse of a cutting implement
can result in subsequent injury and shall take every step to ensure the goods
are treated with respect.
5.6 The client shall ensure the condition and fitness
for purpose of the goods prior to each use.
5.7 The client shall ensure
prior to and after completion of sale that the goods comply to the laws and
regulations of the country in which the client resides and that the goods
after receipt are used lawfully.
5.8 The client shall prior to purchase ensure
that the goods comply with the laws of the land in which they reside.
6) Variations
No
variation, extension, exclusion or cancellation of this agreement shall be
binding unless it is confirmed in writing to Art&Soul.
7) Severance
If
any term or provision of this agreement is or shall become in whole or in
part illegal, invalid or unenforceable, the legality, validity and enforceability
of the remainder of the agreement shall not be affected or impaired thereby.
8) Entire
agreement
8.1 This agreement constitutes the entire agreement between
the client and Art&Soul.
8.2 All orders are accepted and executed
on the understanding that the client is bound by these conditions.
9) Applicable
Law
English Law shall apply to this agreement.
10) Assignment
Art&Soul
may assign or transfer its rights and/or obligations in this agreement in
which case the clients the clients rights and guarantees will not be reduced.