1. DEFINITIONS
In these conditions the following terms shall have the following meanings -
  • Company means GodfreyHart.
  • Customer means the Customer of GodfreyHart.
  • Contract means any contract for the sale of Goods and/or services by the Company to the Customer.
  • Goods means any goods forming the subject of this Contract including parts and components services design website materials incorporated in them.
  • Price means the price as detailed.
These conditions shall be incorporated in the Contract to the exclusion of any terms or conditions stipulated or referred to by the Customer.
2. PRICES
The Price for the web design or services or internet services or supply of software and hardware is ex-works and excludes VAT, and other taxes or duties.
3. PAYMENT
All invoices are payable in pounds sterling within twenty-eight days of the date of the date of the invoice and in no circumstances shall the Customer be entitled to make any deduction or withhold payment for any reason at all.
Without prejudice to any other rights of the Company if the Customer fails to pay the invoice price by the due date the Customer shall not be allowed any discount given in that invoice or in any other way agreed and shall pay interest on any overdue amount from the date of which payment was due to the date of actual payment (whether before or after judgment) on a daily basis at a rate of 5% per annum over the base rate from time to time quoted by Barclays Bank plc and shall reimburse to the Company all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
4. TITLE
Notwithstanding the earlier passing of risk, title in the web design web services material intellectual property or design rights shall remain with the Company and shall not pass to the Customer until the amount due under the invoice for them (including interest and costs) has been paid in full.
5. SCOPE OF CONTRACT
Under no circumstances shall the Company have any liability of whatever kind for -
  1. any defects resulting from wear and tear, accident, improper use by the Customer or use by the Customer except in accordance with the instructions or advice of the Company or the manufacturer of any software or hardware or neglect of or from any instructions or materials provided by the Customer;
  2. any software or hardware which have been adjusted, modified or repaired except by the Company;
  3. the suitability of any web design software or hardware for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to the Company;
  4. any substitution by the Company of any materials or components not forming part of any specification of the web design website or internet services agreed in writing by the Company;
  5. any descriptions, illustrations, specifications, figures as to performance, drawings and particulars of weights and dimensions submitted by the Company contained in the Company’s catalogues, price lists or elsewhere since they are merely intended to represent a general idea of the web design and internet services and not to form part of the Contract or be treated as representations;
  6. any technical information, recommendations, statements or advice furnished by the Company its servants or agents not given in writing in response to a specific written request from the Customer before the Contract is made; or
  7. any variations in the quantities or dimensions of any web design or internet services or changes of their specifications or substitution of any materials or components, if the variation or substitution does not materially affect the characteristics of the web design or internet services or supply of software or hardware and the substituted materials or components are of a quality equal or superior to those originally specified.
6. EXTENT OF LIABILITY
The Company shall have no liability to the Customer for any loss (including loss of profit or other economic loss (direct or indirect), indirect or consequential loss) or damage of any nature (howsoever caused) or loss or damage (contractual, tortious, breach of statutory duty or otherwise) arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the Company or in any other way out of or in connection with the performance or purported performance of or failure to perform the Contract except -
  • for death or personal injury resulting from the Company’s negligence;
  • fraudulent misrepresentation; and
  • as expressly stated in these conditions.
If the Company establishes that any web design internet services supply of software or hardware are defective the Company shall, as its option, replace with similar goods or repair any defective web design internet services software or hardware allow the Customer credit for their invoice value or to the extent that the web design internet services are not of the Company’s manufacture, assign to the Customer (so far as the Company is able to do so) any warranties given by the manufacturer of the web design or internet services or supply of software and hardware to the Company.
In no circumstances shall the liability of the Company to the Customer under this condition exceed the invoice value of this Contract for web design and internet services.
7. GENERAL
If the web design or internet services or software are manufactured or supplied in accordance with any design or specification provided or made by the Customer the Customer shall compensate the Company in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights of any third party.
Except for any which are expressly agreed to be included in the web design and internet services all tools, patterns, materials, drawings, specifications and other data provided by the Company shall remain its property and all technical information, patentable or unpatentable, copyright and registered designs arising from the execution of any orders shall become the property of the Company.
8. FORCE MAJEURE
The Company shall not be liable for any failure in the performance of any of its obligations under this Contract caused by factors outside its control.
9. LAW AND JURISDICTION
This Contract shall be governed by English law and the Customer consents to the exclusive jurisdiction of the English courts in all matters regarding it except to the extent that the Company invokes the jurisdiction of the courts of any other country.
10. THIRD PARTIES
Pursuant to s 1(2)(a) of the Contracts (Rights of Third Parties) Act 1999 the parties intend that no term of this Agreement.
TO THE CUSTOMER
By entering into this Contract with the Company you are deemed to accept these Terms and Conditions which have been available for you to read prior to engaging the services of the Company



GodfreyHart
CreteAngle Works
Brook Lane
Ferring
Worthing
West Sussex, BN12 5LP

Telephone:
   01273 782 388
Mobile:
   07885 986 875