The Terms of supply set out below replace those issued previously.

Descriptions and Specifications

Dryad Education tries to describe and illustrate accurately products that it offers, but there may be minor deviations to these descriptions and illustrations. Dryad Education also reserve the right to amend specifications without prior notice. Whilst Dryad Education makes every effort to describe the content and make up of all products, it may not be able to include all details and it, therefore, strongly recommends that you read and understand the instructions and labels of each product before use, taking care to understand risks and warnings.

Health and Safety

Under The control of Substances Hazardous to Health (Regulation 2002 as amended) we will provide Health & Safety Data information to a qualified, professional or competent person upon request.

We make every reasonable effort to ensure that products are supplied with the correct and legal labelling and that the appropriate risk information is displayed in line with CHIP 4 legislation of April 2009 (European regulation EC NO 1272/2008) with regards to Classification, Labelling and Packaging of Substances & Mixtures (CLP legislation).

Colours

Whilst every effort has been made to faithfully show colour references, please bear in mind the colours may be affected by screen resolution and quality.

Ordering

All orders are subject to these terms of supply. When you have submitted your order Dryad Education will send an order acknowledgement to you via e-mail. We will then contact you to arrange payment and delivery. At that stage there will be a contract between us for the supply of the products you have ordered (subject to the Carriage and Delivery clause).

Payment

i) For non-credit account customers, payment should be made in full at the time of ordering. Quotations and Pro-Forma invoices can be produced on request.

ii) For credit account customers, payment terms are strictly 28 days from date of invoice. Overdue accounts will be charged at a rate of 8% above base interest rate from the day that the account became due for payment.

For overdue accounts, any additional work and documentation will be charged for at the company’s discretion.

iii) Legal title of the goods shall not pass to the buyer until payment has been made in full.

iv) If the buyer shall go into liquidation, enter into a deed of arrangement or otherwise compound with his creditors the company shall be entitled immediately after giving notice of intention to repossess, to enter upon the premises of the buyer and repossess the goods to which it has title. Unless otherwise agreed in writing nothing in this clause shall permit the buyer to retain the goods sold to him or to refuse or delay payment thereof.

Prices

All prices are ex works. (EXW) Incoterms 2010 and exclude VAT.

Prices quoted supersede all previous prices.  Customers should please note that orders are accepted subject to prices ruling at the time of despatch.

Prices are shown exclusive of VAT, which will be charged at current UK rates on any order from an EU country, unless a valid VAT number is supplied at the time of ordering. We will not retrospectively credit VAT.

Although every effort will be made to maintain prices, fluctuations and the cost of raw material and labour, increase of postage and other delivery charges, and other circumstances may necessitate us altering prices without prior notice.

You should always check our website for any such amendments.

All prices are payable by you in Pounds Sterling.

Carriage and Delivery

We will contact you re carriage and delivery charges.

Claims

Both we and the carriers must be notified within:

• 10 days from date of invoice for non-delivery of goods.

• 3 days from date of receipt of goods for damage or shortage.

Outside these periods we will not be held responsible for the settlement of claims.

Any changes will of course be notified to customers when placing an order and this will not affect your statutory rights.

Samples and Promotions

Samples can only be ordered by calling our customer service team on +44 (0)116 274 4714.

Free samples are limited to one of each product per account and will only be sent to educational establishments. Promotions and special offers are subject to availability. We reserve the right to withdraw promotions at any time and without prior notice.

Risk and Title

Risk and ownership of products shall pass to you on delivery.

Liability Dryad Education warrants that (subject to the other provisions of these conditions) upon delivery products shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979. Dryad Education shall not be liable for a breach of the warranty in condition unless:

(a) you give written notice of the defect to Dryad Education within three days of delivery;

(b) Dryad Education is given a reasonable opportunity after receiving the notice of examining such products and (if asked to do so by Dryad Education) you return such products to Dryad Education at Dryad Education’ cost for the examination to take place.

Subject to condition, if any of the products do not conform with the warranty in condition Dryad Education shall at its option replace such products (or the defective part) or refund the price of such products. If Dryad Education complies with condition it shall have no further liability for a breach of the warranty in condition nor for any defect in respect of such products save as expressly accepted in these conditions.

• (a) any breach of these terms of supply;
• (b) any use made or resale by you of any of the products, or of any product incorporating any of the products;
• and(c) any representation, statement or tortious act or omission (including, but not limited to, negligence) arising under or in connection with any contract between us.

All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by Section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from all contracts between Dryad Education and you. Nothing in these conditions excludes or limits the liability of Dryad Education:

• (a) for death or personal injury caused by Dryad Education’ negligence;
• or(b) for any matter in respect of which it would be illegal for Dryad Education to exclude or attempt to exclude its liability;
• or(c) for fraud or fraudulent misrepresentation.

Subject to Condition and condition(a) Dryad Education’ total liability in contract, tort (including but not limited to negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of any contract between Dryad Education and you shall be limited to the contract price of that contract; and (b) Dryad Education shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with any contract between Dryad Education and you. Dryad Education may assign any contract or any part of it to any person, firm or company.

Force Majeure Dryad Education reserves the right to defer the date of delivery or to cancel the contract or reduce the volume of the products ordered by you (without liability to you) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

General

Our full name is Dryad Education Ltd. Our address for correspondence and returning goods is: Dryad Education, Hamilton House, Mountain Road, Leicester, United Kingdom, LE4 9HQ. Our company registration number in the UK is 4094887. Our email address is [email protected]