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FOR USAGE OF ANY COPYRIGHT FREE MUSIC OR SOUNDTRACKS OF Capemedia UK
Any legal use of these pieces of work should be
credited to Colin Cooper (Capemedia UK). He'd also appreciate an email
telling him how and where it is being used. You are free to use these tracks but must not copy, lend or hire them out. FOR SUPPLY OF GOODS & SERVICES OF Capemedia UK 1 DEFINITIONS In this document the following words shall have the following meanings: 1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977; 1.2 "Customer" means any person who purchases Goods and Services from the Supplier; 1.3 "Goods" means the articles specified in the Proposal; 1.4 "Proposal" means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier. 1.5 "Services" means the services specified in the Proposal. 1.6 "Supplier" means Capemedia UK of 16 Hamel Street, Newton, Hyde, Cheshire, SK14 4JA; 1.7 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier. 2 GENERAL 2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer. 2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier. 2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation. 2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer. 3 THE ORDER 3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 7 days. 3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier ("the Order") within the period specified in Clause 3.1. 3.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions. 4 PRICE AND PAYMENT 4.1 Payment of the price shall be in the manner specified in the Proposal. 5 DELIVERY 5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods. 5.2 All risk in the Goods shall pass to the Customer upon delivery. 6 TITLE 6.1 Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods. 7 CUSTOMER'S OBLIGATION To enable the Supplier to perform its obligations the Customer shall: 7.1 co-operate with the Supplier; 7.2 provide the Supplier with any information reasonably required by the Supplier; 7.3 All tracks supplied by Capemedia UK are licensed and copyrighted, you must not copy, lend, hire out, broadcast, or in any way breach the licensing agreement. 8 SUPPLIER'S OBLIGATIONS 8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier. 8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice. 9 CANCELLATIONS AND REFUNDS 9.1 Where the Goods are faulty (e.g.: Wrong Track/Missing Track/CD faulty), the Customer must notify the Supplier within 7 days of delivery and the Customer shall be entitled to replacement Goods or a full refund. 9.2 The Customer may cancel an Order by notifying the Supplier in writing or email, at the address above within 24 hours of placing an Order. 10 LIMITATION OF LIABILITY 10.1 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise. 10.2 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date. 10.3 Capemedia UK reserve the right to omit, delete or change any aspects of their products and services without any notification. 11 FORCE MAJEURE Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations. 12 SEVERANCE If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated. 14 GOVERNING LAW These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
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