Genealogy Research & Supply Terms & Conditions
These research and supply terms and conditions apply to and cover all work, advice and information provided by The Gene Poole, and is freely accessible from the website at all times.
Price Variations
Preliminary Work
Proofs & Drafts
Variations in Quantity
Liability
Customer's Property
Insolvency
Force Majeure
Payment
Tax
Copy
Delivery & Payment
Claims
Standing Material
Materials
Illegal Matters
Law
The terms of business listed apply to all work that I undertake for my clients unless, by exception, some other arrangement is made in writing. The issuing of instructions following receipt of these terms of business by a client will constitute acceptance.
In the context of this contract, the term 'Company' covers all aspects of writing, artwork origination, printing and warehousing supplied by Thom Poole operating as myself, or under the brand The Gene Poole.
- Price variation - Estimates are based on the Company's current costs and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
- Tax - Except in the case of a customer who is not contracting in the course of a business nor holding themselves out as doing so, the Company reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
- Preliminary work - All work carried out, whether experimentally or otherwise, at customer's request shall be charged.
- Copy - A charge may be made to cover any additional work involved where information supplied is not clear and legible or if the digital information requires additional work to utilise.
- Proofs & Drafts - All work may be submitted for customer's approval and the Company shall incur no liability for any errors not corrected by the customer in works so submitted. Customer's alterations and additional proofs necessitated thereby shall be charged extra. When content, style, type or layout is left to the Company judgment, changes therefrom made by the customer shall be charged extra. No responsibility will be accepted for differences between proofs and work supplied to the customer where the methods of production differ.
- Delivery and Payment - (a) Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due. (b) A charge may be made to cover costs involved for delivery. (c) Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved. (d) Should work be suspended at the request of or delayed through any default of the customer for a period of 28 days the Company shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
- Variations in Quantity - Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional.
- Claims - Advice of damage, the dissatisfaction of condition, delay or partial loss of goods in transit or of non-delivery, must be given in writing to the Company and the carrier within three clear days of delivery. (In the case of non-delivery, within 28 days of dispatch of the goods) All other claims must be made in writing to the Company within 7 days of delivery. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that it was not possible to comply with the requirements.
- Liability - The Company shall not be liable for any loss to the customer arising from delay in transit not caused by the Company.
- Standing Material - (a) Any metal, film, glass and other materials owned by the Company and used by me in the production of proofs, plates, negatives, positives and the like shall remain my exclusive property. Such items when supplied by the customer shall remain the customer's property.
- Customer's Property - Except in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, customer's property and all property supplied to the Company by or on behalf of the customer shall while it is in the possession of the Company or in transit to or from the customer be deemed to be at customer's risk unless otherwise agreed and the customer should insure accordingly.
- Materials - supplied to the customer, responsibility will not be accepted for imperfect work caused by defects or unsuitability of materials so supplied or specified.
- Insolvency - If the customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, the Company without prejudice to other remedies shall:
- have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to him, and
- in respect of all unpaid debts due from the customer have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceeds towards such debts.
- Illegal Matters - The Company shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material produced for the customer. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.
- Force Majeure - The Company shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
- Law - These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
- Payment - Payment for the research packages must be received in advance of any work commencing on the project. Terms of payment are strictly within 28 days from the date of invoice only, unless stated otherwise on the invoice. In the case of disputes, these must be notified to the Company within 21 days of the date of invoice, otherwise, payment will be expected within the overriding terms of 28 days.
For other terms & conditions relating to The Gene Poole website, please click on the following: