INDUSTRIAL SCRIPTS TERMS AND CONDITIONS OF SALE, SHIPPING, DELIVERY & RETURNS
Please read these terms and conditions carefully before completing the order form. This is a legal document which constitutes an agreement between you and Industrial Scripts. If you do not agree to these terms and conditions, do not use this on-line facility.
These terms and conditions are subject to change at any time without notice at the sole discretion of Industrial Scripts.
1. DEFINITIONS AND INTERPRETATION
3. FORMATION OF THE CONTRACT
4. PRODUCTS & SERVICES
7. SCRIPT DEVELOPMENT TERMS OF SUBMISSION
8. TRAINING COURSES BOOKINGS, HANDOUTS & ATTENDANCE
11. TERMS OF PAYMENT
12. AGE OF CONSENT
14. LIMITATION OF LIABILITY
16. FORCE MAJEUR
17. CHANGES TO TERMS & CONDITIONS
18. COMPLAINTS POLICY
1. DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, as hereinafter defined, the following words and expressions shall have the meanings hereby assigned to them, except where the context otherwise requires.
A. \”Buyer\” means the person or corporate body who accepts the quotation of Industrial Scripts for the sale of the Products or whose order for the Products is accepted by Industrial Scripts.
B. \”Consumer\” shall have the meaning ascribed in section 12 of the UK Unfair Contract Terms Act 1977.
C. \”Product\” or \”Service\” means the article or articles (including any instalment of the article if applicable) that the Buyer agrees to buy from Industrial Scripts and which Industrial Scripts agrees to supply in accordance with these conditions.
D. \”Contract\” means the order form duly completed by the Buyer and the Terms and Conditions of Contract set out in this document for the purchase and sale of the Product.
E. \”Website\” means www.industrialscripts.co.uk , owned and operated by Industrial Scripts.
F. \”IS\” means Industrial Scripts, the sole trader script consultancy and training organisation based in London, UK.
G. \”Creative Materials\” means any document submitted by the Buyer to Industrial Scripts including, but not limited to: loglines, synopses, treatments, stories, books, screenplays, teleplays, stageplays, beat sheets, pitch documents, bibles, character outlines, script reports and story overviews.
H. \”Report\” means any creative, analytical or review services provided by Industrial Scripts to the Buyer, for educational and consultation purposes only.
I. Training Course means an in-house educational seminar or event.
The headings and marginal notes in these Conditions of Contract are for convenience and shall not be taken into consideration in the interpretation or construction thereof or of the Contract.
A. Nothing in these Terms and Conditions shall affect the Buyer\’s statutory rights as a Consumer.
B. These Terms and Conditions shall apply to all Contracts and shall prevail over any other documentation or communication from the Buyer.
C. Acceptance of delivery of the Product(s) shall be deemed conclusive evidence of the Buyer\’s acceptance of these Terms and Conditions.
D. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
E. Any complaint should be addressed by email to the Seller\’s address: Industrial Scripts, 3rd Floor, 33 Newman Street, London, W1T IPY.
3. FORMATION OF THE CONTRACT
The use of this website and the information available thereon is subject to the Distance Selling Regulations and to these Terms & Conditions excluding any previous information available on the Website and/or any other documents such as but not limited to – brochures, catalogues or leaflets published by Industrial Scripts or by the Products\’ developers/manufacturers and/or suppliers which are provided for information purposes only.
By using this Website the Buyer acknowledges consent to these Terms and Conditions of Contract without exceptions. This document constitutes the complete and entire agreement between the Buyer and Industrial Scripts and cannot be changed or modified except by a written confirmation signed by Industrial Scripts.
The Buyer shall make an offer to purchase the Product from Industrial Scripts by filling the order form on the Website. This offer to purchase does not constitute agreement by Industrial Scripts to supply the Product at the price shown.
The Contract shall be formed at the point when Industrial Scripts accepts the offer to purchase and has received payment from the Buyer in full.
Industrial Scripts agrees to notify the Buyer within 48 hours if the offer to purchase is not accepted.
4. PRODUCTS & SERVICES
The Products and Services are those displayed in the \”ScriptStore\” product list and in any other area of the Industrial Scripts website. Photographs and illustrations are not contractual. Notwithstanding the care Industrial Scripts takes to ensure an accurate presentation of the information supplied by the manufacturers/developers, this Website may contain technical inaccuracies or typographical errors. Industrial Scripts shall not be liable for any such inaccuracies or errors. In addition, Industrial Scripts has no obligation to update this Website or the content hereof and Industrial Scripts shall not be liable for any failure to update such information.
All trademarks, logos, names displayed on this Website are the property of their respective owners.
To avoid the possibility of infringement of intellectual property rights, no part of the contents of this Website may be reproduced, stored in a retrieval system, or transmitted in any form or by any other means, electronic, mechanical, photocopying, recording, or otherwise without either the specific prior written permission of Industrial Scripts or a licence permitting restricted copying.
Industrial Scripts reserves the right to withdraw any Products from the Website at any time.
Industrial Scripts shall not be liable for withdrawing any Products from the Website or for declining to process an order.
- Where Industrial Scripts agrees to deliver the Product otherwise than at its premises, the Buyer shall be required to pay charges for the transport, packaging and insurance. Industrial Scripts reserves the right to change this policy without notice.
- Prices of the Product cannot be guaranteed in the event that there are delays in receiving payment.
- The total purchase price will be displayed in the Buyer\’s shopping cart prior to the Buyer being requested to confirm the order. Industrial Scripts reserves the right to update prices on the Website from time to time. Prices cannot be guaranteed for any specific period of time. Although Industrial Scripts will make every effort to ensure prices shown on the Website are correct at the point at which the Buyer places an order.
1. IS will comply with all applicable UK data protection legislation in place in respect of any personal information relating to You gathered by Us.
3. You acknowledge we reserve the right to monitor the site and store the data you transmit and trends in your activity.
4. Through purchasing Products or Services, or registering your personal information on the IS website you agree to join our database. We reserve the right to use your e-mail address for the purposes of informing and marketing to You what we feel at our discretion to be relevant to our Buyers and members.
7. SCRIPT DEVELOPMENT TERMS OF SUBMISSION
By submitting your Creative Materials to Industrial Scripts, you hereby agree that:
1. You are submitting the Submitted Material voluntarily and not in confidence and no confidential relationship is intended or created between us by the submission of the Submitted Material.
2. You warrant that you have originally created the Submitted Material, that no one else to your knowledge has any right to it and you believe the Submitted Material to be original, OR you hold the underlying rights, if the Submitted Material is based on another work. However, you recognise that other persons, including IS (Industrial Scripts) or IS\’ employees or affiliate companies, may have submitted to IS or others, or made public, or may in the future create and submit, or make public, similar or identical material that IS may have the right to use, and you understand that you will not be entitled to any compensation because of IS\’ use of other similar or identical material. You understand and agree that IS\’ use of material containing features or elements similar or identical to those contained in the Submitted Material will not entitle you to any compensation if IS determines that it has an independent legal right to use that other material (for example, because the features or elements are not new or novel, were not originated by you (or the writer of the underlying work), or were or may hereafter be independently created and submitted by other persons, including IS\’ employees).
3. You have retained a copy of the Submitted Material, and you release IS from liability for loss of or damage to the Submitted Material.
4. You agree to use the Script Report and analytical material delivered to you for consultation and educational purposes only. The report itself is the property and copyright of IS, and the comments contained within the report is for use only by the individual Buyer. Any unauthorised dissemination or copying of the report, and any use or disclosure of any information contained in them, is strictly prohibited and may be illegal. These comments, the \”verdict\” IS delivers on the Creative Material, and the IS company name, may not be used without prior written permission in any public or private arena to endorse, market, or promote Creative Material in any way. In addition, the IS name and comments supplied by IS in Reports may not be used in any funding applications, business plans or financial or creative proposals without IS\’ prior written consent.
5. IS will deliver all Reports by return email to the Buyer within 21 days of the Buyer submitting the corresponding Creative Materials.
6. IS reserves the right to select the relevant IS Employee to provide the Reports, and Buyer acknowledges that due to complex workloads requests for specific IS Employees cannot be guaranteed and are not the norm.
7. IS accepts the submission of Creative Materials by email only to the email address firstname.lastname@example.org and in Adobe PDF form only. Buyer will receive notification by return email that their Creative Materials have been received. Any Creative Materials submitted either by hard copy or in person will be destroyed.
8. IS guarantees to provide the Buyer with a certain length of Report according to page, dependent on which IS service Buyer has purchased. These page lengths are clearly specified on the IS Website and represent the minimum volume of feedback the Buyer is guaranteed to receive. In the event IS provides additional pages, beyond the minimum guaranteed, these pages are to be regarded as an additional bonus but are not guaranteed, nor should be expected, on any future reports.
9. Creative Materials submitted to IS must conform to Industrial Script\’s word or page lengths as specified below. Creative Materials which exceed the page lengths specified below are subject to additional fees of 1 GBP per page they contravene the page limits below. Payment must be received in full for projects which exceed the specified page lengths, before work will commence on the Report.
a. Logline: 25 word pitch for a film or TV series.
b. Short Script: screenplay for a short film under 20p.
c. Teleplay: screenplay for a TV episode under 60p.
d. Stageplay: script for a play under 100p.
e. Treatment: extended film synopsis under 10p.
f. Feature Film Script: screenplay for a film under 120p.
g. Book: literary work under 300p.
10. Buyer may cancel the Report service and receive a full refund (via PayPal) any time up to 2 full days after the time of their payment. After this time no refunds are possible.
11. These Terms of Submission shall be governed by English Law and constitutes our entire understanding with respect to its subject matter. These Terms of Submission also apply to any other material that you may submit to IS, unless agreed in writing to the contrary at the time of the submission.
12. No termination of this Terms of Submission and no acts with respect to the Submitted Material (such as IS returning it to you) will be deemed to affect our respective rights under these Terms of Submission and all rights will survive any termination or acts.
8. TRAINING COURSES BOOKING, HANDOUTS & ATTENDANCE
By purchasing an IS training course, you hereby agree that:
1. The course notes, handouts and documents you receive are copyright IS and the property of IS and are for consultation and educational purposes only and for use only by the individual Buyer. Any unauthorised dissemination or copying of this course documents or handouts, and any use or disclosure of any information contained in them, is strictly prohibited and may be illegal.
2. The Buyer agrees that he or she will take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of IS in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized under this Agreement to have any such information. Such measures shall include the highest degree of care that the receiving party utilizes to protect its own Confidential Information of a similar nature. The Buyer agrees to notify the Company in writing of any misuse or misappropriation of Confidential Information of the disclosing party, which may come to the receiving party\’s attention.
3. Buyer may cancel and receive a full refund (via PayPal) at any time up to 2 full days after the time of their booking. After this time has elapsed, no refunds are possible. To cancel, buyer must contact IS by email to email@example.com advising IS of their booking details, and which course date they would like to be transferred to (if applicable).
4. In the event Buyer is unable to attend on the course date selected, they are permitted 1 change-of-date opportunity where they may transfer their booking to another course date. Buyer is only entitled to change their booking once, and IS reserves the right to transfer this re-arranged booking again in the event the new course date selected is sold out.
5. IS reserves the right to cancel or postpone Training Courses at any point, as it sees fit, by issuing Buyer with a full refund (via PayPal). IS cannot be held responsible for travel, accommodation or sundry other costs incurred and related to the booking and recommends that all Buyers purchase refundable accommodation and travel, where possible.
The Buyer is deemed to have accepted the Product(s) once a reasonable period has elapsed from date of delivery.
Unless the Product(s) has(have) been damaged by misuse or accident, any Product acknowledged by Industrial Scripts as being defective may be returned for replacement without charge during the warranty period.
1. IS shall make delivery of the Product as soon as reasonably possible while stocks last. Whilst, Industrial Scripts shall use its reasonable endeavours to meet any date agreed for delivery, time of delivery shall not be of the essence and IS shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
2. If the Product(s) is(are) not available, Industrial Scripts shall inform the Buyer as quickly as reasonably possible – by email or post.
3. The Product(s) shall be delivered to the Buyer at ISâ€™ premises or at the address given by the Buyer for delivery. Title and risk on the Product(s) shall pass onto the Buyer upon such delivery taking place. Delivery of the Product(s) shall be made to the Buyer\’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Product(s) whenever they are tendered for delivery.
4. The Buyer is under a duty to check the Product upon receipt and in the event that it is to make the appropriate notations to the carrier on the transport documents. IS will not consider any claim for damaged goods unless accompanied by a copy of a registered letter to the carrier confirming the nature and extent of the damage.
5. Customers are responsible for all import fees, duties, and taxes on shipments ordered from IS. These fees are usually paid upon receipt of the product and in the event that Industrial Scripts is charged in lieu of the Customer, we reserve the right to recover these amounts from the Customer who ordered the shipment. Once payment has been received all documents related to the importing will be forwarded to the Customer.
1. The Buyer shall inspect the Product(s) immediately upon receipt and shall notify Industrial Scripts either by letter, fax or email within seven working days of delivery if the Product(s) is(are) damaged or do not comply with the Contract. If the Buyer fails to do so, the Buyer shall be deemed to have accepted the Product(s).
2. All Products to be returned must first have an authorisation issued by Industrial Scripts. Failure to obtain such authorisation may result in the rejection of the return.
3. Where returned Products are found to be damaged due to the Buyer\’s fault, the Buyer will be liable for the cost of remedying such damage.
4. No refund will be given for Products that have missing components or missing return authorisations, or that have components that are not in saleable condition due to Customer\’s actions.
12. TERMS OF PAYMENT
1. For all sales, including consumer sales, payment of the price and delivery charges must be made in full before dispatch of the Product(s) and unless otherwise agreed, Industrial Scripts shall not be bound to deliver the Product(s) until full payment is received from the Buyer. Time for payment shall be of the essence of the Contract unless otherwise agreed by Industrial Scripts in writing.
2. IS is not Value Added Tax (VAT) registered and therefore does not charge Buyers VAT.
13. AGE OF CONSENT
Where Products may only be purchased by persons of a certain age, the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Products.
If Industrial Scripts discovers that the Buyer is not legally entitled to order certain Products, Industrial Scripts shall be entitled to cancel the order immediately, without notice.
Industrial Scripts warranties that once installed into a computer in accordance with the installation procedure set up by the manufacturer, the Product(s) will function on the specified operating system.
In cases where the Products\’ developer/manufacturer has setup a direct warranty relationship with the End User, then that procedure will be applied.
15. LIMITATION OF LIABILITY
1. Except as may be implied by law where the Buyer is dealing as a Consumer or as provided in \’Warranties\’ section above, the Product(s) is(are) provided as is, without warranty of any kind express or implied. The Buyer shall assume the entire risk as to the results and performance of the Product(s).
2. Industrial Scripts makes no representation or warranties with respect to the accuracy, reliability or completeness of the Product\’s content and specifically disclaims any implied warranties of non-infringement, merchantability or fitness for any particular purpose. Further, Industrial Scripts does not warrant, guarantee or make any representations regarding the correctness, accuracy, reliability, compatibility or uninterrupted operation of the Product(s) or otherwise.
3. Industrial Scripts, its officers and employees, its distributors, dealers and retailers shall not be liable for any indirect, special, incidental or consequential damages or loss (including damages for loss of business, loss of profits, interruption of service, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if Industrial Scripts or its representatives have been advised of the possibility of such damages.
4. In any event, Industrial Scripts\’s liability to the Buyer shall be limited to refund of the price paid by the Buyer for the Product(s). The foregoing states Buyer\’s sole and exclusive remedy against Industrial Scripts, the limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the Contract between Industrial Scripts and the Buyer. The Buyer agrees and acknowledges that Industrial Scripts would not be able to supply the Product on an economic basis without such limitations.
5. Industrial Scripts is not responsible for the content of any third party websites that the Buyer may link to from the Website.
No waiver by Industrial Scripts (whether express or implied) in enforcing any of its rights under this Contract shall prejudice its rights to do so in the future.
17. FORCE MAJEURE
Industrial Scripts shall not be liable for any delay or failure to perform of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials or products from a natural source of supply, and Industrial Scripts shall be entitled to a reasonable extension of time for the performance of its obligations.
18. CHANGES TO TERMS AND CONDITIONS
Industrial Scripts shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
19. COMPLAINTS POLICY
1. Complaints to IS are extremely rare. We take complaints to the company very seriously and will always work with Buyers to resolve these complaints satisfactorily.
2. To make a formal complaint to the company email firstname.lastname@example.org with details of your complaint, and explaining how we contravened these Terms and Conditions in our dealing with you.
3. Please note, in the case of script development services and Reports, this is a hugely subjective area and we pride ourselves on providing Reports which are honest, and constructive in their criticism. Nonetheless, it is in the nature of script development generally for individuals to disagree with one another, or feel that criticism or praise is particularly valid, or unjust. Likewise it is a reality that although writers and filmmakers feel they are prepared for criticism of their work, and able to deal with it in a thoroughly professional manner, this is not always the case and any Complaints about our Reports occur against this backdrop, which is not black and white.
4. As stated above we are keen to work with Buyers to resolve complaints, however we treat any slanderous, libellous, defamatory or malicious claims or comments that may harm IS very seriously, and would suggest Buyers seek legal advice before distributing any views, comments or observations in any public or private forum, platform or arena including but not limited to: websites, online discussion forums, journals, articles, social networking sites and any other media be it public or private