We have taken every effort to design our Web site to be useful, informative, helpful, honest and fun. Hopefully we’ve accomplished that -- and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want.
All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them. Naturally, if you don’t agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of the www.stanleytseke.com Web site means that you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on the www.stanleytseke.com site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property.
You, the visitor, may download Online Materials for non-commercial, personal use only provided you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent www.stanleytseke.com site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited.
Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by www.stanleytseke.com or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual- property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.
Submitting Your Online Material to Us
That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our www.stanleytseke.com mission, without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Limitation of Liability
www.stanleytseke.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED ERROR ON OUR SITE OMISSION ON OUR SITE INTERRUPTION OF AVAILABILITY OF OUR SITE DEFECT ON OUR SITE DELAY IN OPERATION OR TRANSMISSION OF OUR SITE COMPUTER VIRUS OR LINE FAILURE PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING: DAMAGES INTENDED
TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY
(KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.") OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY
FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTAL DAMAGES.") WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a www.stanleytseke.com-operated site or have moved to another site. www.stanleytseke.com is not responsible for the content or practices of third party sites that may be linked to our site. When www.stanleytseke.com provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that www.stanleytseke.com is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any www.stanleytseke.com site or endorsement, sponsorship or support of www.stanleytseke.com, including its respective employees, agents or directors.
Termination of This Agreement
This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all www.stanleytseke.com Web site, along with all related documentation and all copies and installations. www.stanleytseke.com may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And www.stanleytseke.com is entitled to terminate all or any part of any of its Web site without notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United Kingdom, you are responsible for compliance with any applicable local laws.
To the extent you have in any manner violated or threatened to violate www.stanleytseke.com and/or its affiliates' intellectual property rights, www.stanleytseke.com and/or its affiliates may seek injunctive or other appropriate relief in any court in the United Kingdom, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: United Kingdom. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: London, under the rules of the United Kingdom: Centre for Effective Dispute Resolution. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
STANDARD TERMS AND CONDITIONS
FOR SUPPLY OF GOODS & SERVICES
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 Stanley Tseke Limited of 30 Commonwealth Way, London, SE2 0JZ;
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.
2.1 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 30 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 The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.
4.2 Payment of the price shall be in the manner specified in the Proposal.
4.3 If the Customer fails to make any payment within 30 Days of it becoming due, the Supplier shall be entitled to charge interest at the rate of 2% per cent per annum above Barclays Bank Plc base rate per month on the outstanding amounts.
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.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 CUSTOMER'S OBLIGATIONS
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 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
7.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
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.
8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
8.4 In addition to the Customer's statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials for a period of 14 Days from the date of delivery.
8.5 The Supplier provides no guarantee(s) in relation to the Services carried out.
9 CANCELLATIONS AND REFUNDS
9.1 Where the Goods are faulty or do not comply with any of the contract, 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 at the address above within 7 Days of placing an Order and any deposit paid will be refunded in full.
9.3 If the Customer fails to cancel the order within the time specified in Clause 9.2 any deposit paid may not be returnable.
10 LIMITATION OF LIABILITY
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
10.2 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.
10.3 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.
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.
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.
13 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.