CONDITIONS OF SALE
In these Terms and Conditions the following words shall have attributed
to them the meanings specified
1.1 ‘Goods’ shall mean all goods and services which the Customer agrees
to buy from DN Publications Ltd including replacements for defective
Goods, hardware documentation and software products licensed for use by
1.2 ‘DN Publications’ shall mean DN Publications Ltd, whose principal
place of business and registered office is at 37 Lee Street, Horley,
Surrey, RH6 8ER, UK.
1.3 ‘Contract’ shall mean the Contract between DN Publications and the
Customer for the sale of Goods by DN Publications to the Customer.
1.4 ‘Customer or Consumer’ shall mean the person, company or any other
body that purchases or agrees to purchase Goods as a Consumer Trade
1.5 ‘Working Days’ shall mean Monday to Friday inclusive but exclusive
of Bank Holidays.
1.6 ‘Customer’s Registered Address’ shall mean the address of the
Customer that is already registered with DN Publications or the address
registered with the issuing company of any debit or credit card which is
used as a means of payment for Goods.
2.1 All orders for Goods are accepted by DN Publications subject to
these terms and conditions of sale which supersede any other terms and
conditions previously published. These constitute the entire
understanding between DN Publications and the Customer for the sale of
2.2 All descriptions and illustrations shown on the official BATAK Lite
website at http://www.bataklite.com or any price list or otherwise
communicated to the Customer are intended as guidance only and
illustrations and descriptions may vary. DN Publications will use its
best endeavours to ensure that all descriptions and advice offered are
correct, but it is the customers own responsibility to ensure that the
requirements and expectations and use of the product in the way intended
by the Customer are clear and correctly stated as this is relevant to
the information then offered by DN Publications on DN Publications’
3.1 All prices for the Goods are in pounds Sterling and subject to Value
Added Tax (VAT) at the relevant rate ruling on the date of despatch and
do not include the cost of carriage, packaging or other charges which
becomes payable under any contract with DN Publications.
3.2 Whilst every endeavour will be made to maintain the prices in the
catalogue DN Publications reserves the right to alter prices at any
3.3 Any change in price will be communicated to the customer at the time
4.1 All orders by post should be addressed directly to DN Publications.
4.2 Written confirmation is not required for a telephone order, but if
the Customer sends written confirmation such confirmation must be marked
‘Confirmation Only’ so as to avoid liability for a duplicated delivery.
Any resulting duplication of delivery shall be the responsibility of the
4.3 Orders submitted by fax be addressed directly to DN Publications.
4.4 DN Publications reserves the right to deliver part orders, or hold
orders until all items are available, as required.
4.5 DN Publications reserves the right to decline to trade with any
person or organisation. In addition, and notwithstanding any other
provisions of these conditions of sale, DN Publications may decline to
accept any order, whether or not payment has been received, by giving
notice of non-acceptance to the Customer by email, facsimile or
telephone within 24 hours (excluding weekends and public holidays) of
receipt by DN Publications of an order. In the event that DN
Publications declines to accept an order in respect of which payment has
been received, the full amount of such payment will be refunded.
5 Credit Account Orders
5.1 DN Publications do not permit credit account orders for any Goods.
6 Posting and Packing Charge
Delivery is at cost to the Customer within the UK mainland. For orders
under £25.00 inclusive of VAT a small order charge will be levied. The
current charge can be ascertained by contacting DN Publications.
7.1 Payment shall be made by the Customer for all monies owed to DN
Publications in respect of orders placed for Goods.
7.2 Payment shall be made at the time that the order is placed for all
national and international orders, unless otherwise stipulated by DN
Publications. Payment may be made by, and is acceptable by, cash, cheque
or Bank Wire Transfer. Cheques should be made payable to ‘DN
8 Ownership and Risk
8.1 The risk of damage to or loss of Goods ordered from DN Publications
will pass to the Customer when the goods are delivered.
8.2 Conditions 8.3, 8.4, 8.5 and 8.6 shall not apply to any Consumer.
8.3 Until property in the Goods passes to the Customer, the Customer
shall hold the Goods and each of them on a fiduciary basis as bailee for
DN Publications. The Customer shall store the Goods (at no cost to DN
Publications) separately from all other Goods in its possession and
marked in such a way that they are clearly identified as DN Publications
property. Notwithstanding that the Goods (or any part of them) remain
the property of DN Publications the Customer may sell or use the Goods
in the ordinary course of the Customer’s business at full market value
for the account of DN Publications. Any such sale or dealing shall be a
sale or use of DN Publications property by the Customer on the
Customer’s own behalf and the Customer shall deal as principal when
making such sales or dealings. Until property of the Goods passes from
DN Publications the entire proceeds of sale or otherwise of the Goods
shall be held in trust for DN Publications and shall not be mixed with
other money or paid into any overdrawn bank account and shall be at all
material times identified as DN Publications money. DN Publications
shall be entitled to recover the price of the Goods (including VAT and
all other monies due to DN Publications from the Customer)
notwithstanding that property in any of the Goods has not passed from DN
8.4 Until such time as the property in the Goods passes from DN
Publications, the Customer shall upon request deliver up such of the
Goods as have not ceased to be in existence or resold to DN
Publications. If the Customer fails to return Goods, DN Publications may
apply to enter any premises owned occupied or controlled by the Customer
where the Goods are situated and repossess the Goods. On the making of
such request to deliver up the rights of the Customer contained in the
preceding Condition shall cease.
8.5 The Customer shall not pledge or in any way charge by way of
security for any indebtedness any of the Goods that are the property of
DN Publications. Without prejudice to the other rights of DN
Publications, if the Customer does so all sums whatever owing by the
Customer shall forthwith become due and payable.
8.6 The Customer shall insure and keep insured the Goods to the full
value against ‘all risks’ to the reasonable satisfaction of DN
Publications until the date that property in the Goods passes from DN
Publications and shall, whenever requested by DN Publications, produce a
copy of the policy of insurance and evidence of payment of premium.
Without prejudice to the other rights of DN Publications, if the
Customer fails to pay any sums whatever owing by the Customer on the due
date, all sums due to DN Publications shall forthwith become due and
9.1 Delivery will normally only be made to the Customer’s registered
address unless notified to DN Publications in writing beforehand.
10.1 Carriage will be charged on orders involving Export at the
appropriate rate prevailing at the date of despatch.
10.2 The Customer is responsible at their own expense to obtain any
import or export license or any other documentation deemed necessary by
any compliant authority.
11 Transit Delays and Non-Delivery
11.1 The Customer must inspect the Goods as soon as reasonably
practicable after delivery and shall within 14 days of such delivery or
receipt give notice to the Customer Service Department of DN
Publications of any damage or defect in the Goods.
11.2 Queries regarding shortages of Goods must be made within 14 days of
delivery date and must be accompanied by the despatch note. Queries
regarding Goods invoiced but not delivered must be made to the Customer
Service Department of DN Publications within 14 days of invoice date and
the invoice number must be quoted.
11.3 If the Customer fails to give such notice, the Goods shall be
conclusively presumed to be in all respects in accordance with the
Contract and free from any damage or defect which would be apparent on
reasonable examination, and the Customer shall be deemed to have
accepted the Goods accordingly.
11.4 SHOULD THE CUSTOMER DECIDE TO ACCEPT A DELIVERY TO THEM IN A
DAMAGED CONDITION THEY MUST ENDORSE THE CARRIERS DELIVERY DOCUMENTATION.
11.5 DN Publications shall not be liable to compensate the Customer by
way of damages or otherwise for non-delivery or late delivery of the
Goods or any of them or for any loss consequential or otherwise arising
from non-delivery or late delivery.
11.6 Conditions 14.1 to 14.5 inclusive do not affect the statutory
rights of a consumer.
12 Order Cancellations
Because of the specialized nature of DN Publication’s Products within the
BATAK Range (which are generally made to special order) cancellation is
only accepted if work has not commenced.
13 Product Warranty
14 General Descriptive Matter
14.1 Whilst every endeavour is made to ensure accuracy, all
specifications, illustrations or other details or advertising material
or otherwise communicated to the Customer are intended merely to present
general information of the Goods. Descriptions and illustrations may
14.2 If the description of any Goods which are not directly manufactured
by DN Publications contained in any correspondence, or invoice varies
from that of the manufacturer’s description, then the manufacturer’s
description will be deemed to be the correct description and shall take
precedence over the description assigned by DN Publications. The updated
and complete manufacturer’s description is available from DN
Publications on request before any order is placed.
14.3 In the event of any material change to any description of goods
shown on http://www.bataklite.com DN Publications will advise the
Customer of the revised description prior to any order being accepted by
14.4 DN Publications reserves the right without prior notice to
discontinue any Goods or to make design changes as part of a continuous
programme of improvement or to assist availability.
15 Product Performance
The responsibility for ensuring that Goods are sufficient and suitable
for the Customer’s requirements rests with the Customer save insofar as
DN Publications have specifically advised the Customer that the Goods
are sufficient and suitable for the Customer’s purposes.
16 Limitation of Liability
16.1 The Customer will be responsible for ensuring the fitness for
purpose of the Goods for the Customer’s application unless the purpose
is previously notified to DN Publications.
16.2 To the extent permitted by law, DN Publications accepts no
liability whatsoever or howsoever arising in respect of loss, damage or
expense arising from errors in information or advice provided whether or
not due to DN Publication’s negligence or that of its employees, agents
or sub-contractors save for any loss or damage arising from death or
16.3 To the extent permitted by law, DN Publications shall not be liable
to the Customer by reason of any representation (unless fraudulent), or
any implied warranty, condition or other term, or any duty at common
law, or under the express terms of any Contract with the Customer, for
any indirect, special or consequential loss or damage (whether for loss
of profit or otherwise), costs, expenses or other claims for
compensation whatsoever (whether caused by the negligence of DN
Publications, its employees or agents or otherwise) which arise out of
or in connection with the supply of the Goods or their use or resale by
16.4 The entire liability of DN Publications under or in connection with
the Contract with the Customer shall not exceed the price of the Goods
except as expressly provided in these terms and conditions.
17 Force Majeure
DN Publications shall not be liable to the Customer or deemed to be in
breach of Contract by reason of any delay in performing, or any failure
to perform, any obligations of DN Publications in relation to the Goods,
provided that the delay or failure was due to any cause beyond
reasonable control of DN Publications. Without prejudice to the
generality of the foregoing, the following shall be regarded as causes
beyond reasonable control of DN Publications: Act of God, explosion,
flood, tempest, fire or accident; war or threat of war, sabotage,
insurrection, civil disturbance or requisition; acts, restrictions,
regulations bye-laws, prohibitions or measures of any kind on the part
of any governmental, parliamentary or local authority; import or export
regulations or embargoes; strikes, lock-outs or other industrial actions
or trade disputes (whether involving employees of DN Publications or of
a third party); difficulties in obtaining raw materials, labour, fuel,
parts or machinery; power failure or breakdown in machinery.
All contracts between DN Publications and the Customer shall be governed
by and interpreted in accordance with English Law and both DN
Publications and the Customer submits to the exclusive jurisdiction of
any competent Court in England.
19.1 If the Customer fails to make payment for the Goods in accordance
with these Terms and Conditions or permits any other breach of any
contract for sale or if any distress or execution shall be levied upon
any of the Customers goods or if the Customer offers to make any
arrangement with its creditors or if any petition in bankruptcy is
presented against the Customer or the Customer is unable to pay its
debts as they fall due or if any petition in bankruptcy is presented
against the Customer or if being a limited company any resolution or
petition to wind up the Customer (other than for the purpose of
amalgamation or reconstruction without insolvency) shall be passed or
presented or if a Receiver, Administrative Receiver or Manager shall be
appointed over the whole or any part of the Customer’s business or
assets or if any petition for the appointment of any administrator is
presented against the Customer or if the Customer shall suffer any
actions or proceedings under foreign law all sums outstanding in respect
of the Goods shall become payable immediately.
19.2 DN Publications may in its absolute discretion and without
prejudice to any other rights which it may have suspend all future
deliveries of Goods to the Customer and/or terminate any contract
without liability upon its part; and/or exercise any of its rights
pursuant to this Terms and Conditions.
All headings in these Terms and Conditions are for ease of reference
only and shall not affect the construction of any contract between DN
Publications and a Customer.
Any provision of any contract with DN Publications which is or may be
void or unenforceable shall to the extent of such invalidity or
unenforceability be deemed severable and shall not affect any other
provision of any Contract.
No waiver or forbearance by DN Publications (whether expressed or
implied) in enforcing any of its rights under any contract shall
prejudice its right to do so in the future.