1.

(a) ‘Pulse’ & ‘PBS’ are the trading names of Robert Merrett.
(b) The ‘Purchaser’ means any person, company, partnership, organisation or body at whose application, Pulse agrees to provide the Goods and / or Services under the terms of the agreement.
(c) The ‘Agreement’ means the contract between Pulse and the Purchaser to which these conditions will apply.
(d) The ‘Order Form’ means the digital or printed document completed by the Purchaser in order to enter the Agreement.
(e) The ‘Order’ is the request by the Purchaser for products and / or services in the order form / Agreement.
(f) ‘Goods & Services’ means the articles described in the contract between Pulse and the purchaser.
(g) ‘Deliverables’ are the outputs of services to be supplied under the agreement and shall include but are not limited to, written material, design and print works.

2.

These conditions shall be deemed to be incorporated in all contracts of Pulse to sell Goods & Services and in the case of any inconsistency with any Order or Order Form of contract sent by the Purchaser to Pulse whatever may be their respective dates the provision of these Conditions shall prevail unless expressly varied in writing and signed by ‘Robert Merrett’.

3.

(a) Notwithstanding that Pulse may have given a detailed Quotation no Order shall be binding on Pulse unless and until it has been accepted in writing by Pulse.
(b) All Quotations are applicable for 28 days from the initial Quotation date, after this period another Quotation may be required.

4.

Any times or dates given for completion or delivery of Goods & Services shall be binding on Pulse, however such liability shall not extend to delays beyond the control of Pulse including, without prejudice to the generality of the foregoing defects in files or omissions of information delays in approval of proofs and non-performance of carriers.

5.

Any webpage; design or entire website designed by Pulse carries a copyright, and cannot be reproduced without written consent. The placing of an Order by the Purchaser or other person / Agency on behalf of the Purchaser constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the advertisement. The Advertiser / customer must indemnify Pulse in respect of all actions; proceedings; costs demands and claims arising from any such breach.

6.

(a) By their nature design and print Goods do not have a redeemable value and no refunds or credits for Goods correctly supplied will be entertained, other Goods & Services may warrant a refund but will be under management’s discretion.
(b) No refunds or credits will be given for Expenses produced from third parties including but not limited to: stock photography; electronic commerce software; online transaction processing solutions; domain name registration; web space; Internet connection. Where possible third party products will not be purchased until the design has been approved.
(c) All such cancellations must be in writing otherwise refunds cannot be entertained.

7.

(a) On placing an Order the Purchaser may be liable for a deposit or alternatively Goods & Services may be Pro Forma, Pulse will review deposit weightings on a Order by Order basis.
(b) All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate.
(c) Payment is due no later than 28 days from completion of Order. Whilst any payment due under the agreement remains outstanding, Pulse shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement.
(d) All payments by cheque, bankers draft or money order must be made in pounds sterling.
(e) In accordance with the Late Payment of Commercial Debts (Interest) Act 1998 , the late payment interest rate for the period 01 September 2004 to 31 December 2004 is 12.75%. This figure comprises the Bank of England base rate on 01 September 2004 (4.75%), plus the 8% uplift stipulated in the late payment legislation.
(f) In addition to the late payment interest rate, compensation arising out of late payment will be due at the following rates;

(i) For a debt less than £1,000, the sum of £40.
(ii) For a debt of £1,000 or more, but less than £10,000, the sum of £70.
(iii) For a debt of £10,000 or more, the sum of £100.

8.

(a) Any shortcomings or defects in Services supplied must be notified to Pulse within 7 days of completion.
(b) Any shortcomings or defects in Goods supplied must be notified to Pulse within 7 days of delivery. Such Goods must be returned to Pulse for inspection.
(c) Nothing herein shall impose any liability upon Pulse in respect of any defect in the goods arising out of the acts, omissions, negligence or default of the Purchaser, its servants or agents including without prejudice to the generality of the foregoing handling and storage of the Goods.
(d) Nothing herein shall have the effect of excluding or restricting the liability of Pulse:

(i) For death or personal injury resulting from its negligence insofar as the same is prohibited by U.K. statute, or;
(ii) Under sections 12,13,14 and 15 of the Sale of Goods Act 1979 to a purchaser who is dealing with a customer (as defined by section 12 of the Unfair Contract Terms Act 1977).

9.

(a) Pulse shall not be liable for any costs, claims or damage arising out of any act of tort or omission or breach of contract or statutory duty calculated by reference to profits, income production or accruals or loss of such profits, income production or accruals or by reference to accrual of such, claim, damages or expenses on a time basis.
(b) The liability of Pulse to the purchaser for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances exceed the price of the goods.
(c) Pulse shall not be liable for any Goods or Services acquired on behalf of the Purchaser from a third party in an effort to complete the Order.

10.

If the Purchaser shall be in breach of any of their obligations under the contract Pulse may (without prejudice to Pulse’s rights subsequently to determine the contract for the same cause should it so decide) suspend further deliveries of goods without notice until any defaults by the purchaser are remedied.

11.

No statement, description, information, warranty or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents or employees of PULSE shall be construed to enlarge, vary or override in any way these conditions.

12.

Any concessions made or latitude allowed by PULSE to the Purchaser shall not affect the strict rights of PULSE under the contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the contract the other conditions shall continue in full force and effect.

13.

These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of England and the purchaser and PULSE agree to submit to nonexclusive jurisdiction of the English courts.