Palgrave.com: My Palgrave

Terms and Conditions
Palgrave Terms and Conditions The following terms of Sale and Supply shall apply to each order for the supply of goods that Macmillan Publishers Limited ("MACMILLAN") shall receive from you from this site, unless otherwise agreed in writing. Acceptance of Customers orders shall be subject to these terms and cannot be altered by any other terms of purchase. Orders 1 No order submitted to MACMILLAN shall be deemed to be accepted by MACMILLAN unless and until confirmed in writing (either by invoice submitted with goods delivered, or otherwise) by MACMILLAN's Authorised Agent. No order which has been accepted by MACMILLAN may be cancelled by you except with the prior written agreement of MACMILLAN or its authorised representative. By placing an order you agree to be bound by these terms and conditions and further acknowledge that these terms and conditions comprise the only terms and conditions upon which the goods ordered by you are supplied and that they shall not be deemed to be altered or varied to any extent the provision by you to MACMILLAN of any other terms and conditions in respect of such goods. Supply and Return 2 Risk of damage to or loss of the goods ordered shall pass to you at the time of delivery or, if you wrongfully fail to take delivery of the goods, the time when MACMILLAN (or any other company on behalf of whom MACMILLAN acts if books belong to that company) has tendered delivery of the goods. Notwithstanding delivery and the passing of the risk in the goods, or any other provision of these terms and conditions the property in the goods shall not pass to you until the later of the date of delivery or the date on which MACMILLAN has received in cash or cleared funds, payment in full of the price of the goods. Delivery 3 Subject to the payment of the applicable freight charges by you the goods will be despatched to you freight paid within 7-10 working days. Charging and Selling 5 Invoices shall be raised as quickly as possible and despatched with or separately to the goods, etc., in question. 6 All books are sold subject to the condition that they shall not, by way of trade or otherwise, be lent, re-sold, hired out or otherwise circulated without our prior consent in any form of binding or cover, other than that in which it is published and without a similar condition including this condition being imposed on the subsequent purchaser. Payment 7 The price of goods shall be the published price as shown on the invoice less such discount as may have been agreed between MACMILLAN or its authorised agent and you in writing as shown on the invoice.Unless the contrary is stated the price is exclusive of any applicable value added or other tax which you shall be additionally liable to pay to MACMILLAN. 8 No settlement discounts or other deductions may be made against amounts due on our invoices or statements. Payment will be due immediately upon receipt of the invoice or goods whichever is the earlier, unless payment is made at the time of the order. Queries or Claims 10 Any claim for credit or replacement stock in respect of any delivery of goods shall only be considered if such a claim relates to shortage, damage, defect in quality or condition, failure to correspond with order or non-delivery and is received in writing at the MACMILLAN address shown on the invoice and marked for the attention of the Customer Services Supervisor, within 14 days or the date of the delivery of the goods to you in the United Kingdom or Eire (or, in the case of claims of non-delivery, of the date of invoice) or within 28 days of the date of delivery of the goods to you outside the United Kingdom and Eire (or, in the case of claims of non-delivery, of the date of invoice). Liability 11 This agreement for the supply of goods shall be governed by the laws of England. Where the goods are sold to you under a transaction in which you are acting as a consumer your statutory rights are not affected by these conditions. Except in respect of death or personal injury caused by MACMILLAN's negligence, MACMILLAN shall not be liable to you or any other person by reason of any representation or any implied warranty, condition or other term or any duty at common law or under the express terms of the agreement for any consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of MACMILLAN, its employees or agents or otherwise) which arise out of or in connection with the supply of goods or their use or resale by you or any other person except as expressly provided in these terms and conditions. Infringement 13 You shall notify MACMILLAN forthwith in writing upon becoming aware of any claim for infringement of any patent, copyright, design, trademark, service mark or other industrial or intellectual property rights in or relating to the goods. Insolvency 14 If:- (a) you make any voluntary arrangement with your creditors or become subject to an administration order, or (being an individual or firm) become bankrupt or (being a company) go into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or (b) an encumbrancer takes possession or a receiver is appointed of any of your property or assets; or (c) if you cease or threaten to cease to carry on business; or (d) MACMILLAN reasonably apprehends that any of the events mentioned above is about to occur in relation to you and notifies you accordingly then, without prejudice to any other right or remedy available to MACMILLAN. MACMILLAN, shall be entitled to cancel the agreement for the sale of the goods or suspend any further deliveries under such agreement without incurring any liability to you, and if the goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary. Inspection and Approval Copies 15 Inspection copies and copies sent on Approval will only be supplied to persons firms or companies previously approved by MACMILLAN for the receipt of the same. Inspection copies and copies sent on approval must be returned at your cost in saleable condition with the invoice which accompanied such copies so as to be received at the address stated in such invoice for the return of such copies not more than 30 days after the date of such invoice failing which the amount stated on such invoice will become due and payable by you in full on the date which is 30 days after the date of such invoice. General 16 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby. No waiver by MACMILLAN of any breach of the agreement by you shall be considered as a waiver of any subsequent breach of the same of any other provision. The headings shown in these terms and conditions are for convenience only and shall not affect their interpretation. No variation to these terms and conditions shall be binding unless agreed in writing between the authorised representative of MACMILLAN and you. ALWAYS QUOTE INVOICE NUMBER ON CORRESPONDENCE.