Directory Order Form

• Cheques are payable to PJB Publications Ltd and must be drawn through reputable banks recognised by UK Banks.



• Orders are accepted only on the basis of the KYM Terms and Conditions of Directory Sales and List Rentals. Sending your order counts as accepting those terms.

• Please note that we cannot dispatch goods until payment is received.



• As these Directories are produced to order, they are therefore non-returnable.

KYM TERMS AND CONDITIONS OF DIRECTORY SALES AND LIST RENTALS

1. Definitions

1.1 "Buyer" means the person to whom Seller has agreed to sell the Product.

1.2 "Conditions" means the Terms and Conditions of Sale set out in this document.

1.3 "Contract" means the contract between Buyer and Seller for sale of the Product on the basis of and comprising the Conditions.

1.4 "Product" means any data or other information taken from the KYM Database.

1.5 "Price" means the price for the Product including packing and delivery and VAT, where applicable.

1.6 "Seller" means KYM a division of PJB Publications Ltd, 18-20 Hill Rise, Richmond, Surrey, TW10 6UA (Registered No, 1275302 )

2. Conditions applicable

2.1 These Conditions shall apply to all contracts for the sale and supply of Product to Buyer by Seller to the exclusion of all other terms, conditions or representations. Buyer acknowledges that it does not rely on, and waives any claim for breach of any other terms, conditions or representations.

2.2 Placement of an order for Product shall be deemed conclusive evidence of Buyer's acceptance of these Conditions.

2.3 No variation to these Conditions shall be enforceable unless agreed in writing by Seller.

2.4 Nothing in these Conditions shall affect the statutory rights of any consumer.

3. Basis of the sale

Seller shall sell and Buyer shall purchase Product in accordance with any written order of Buyer which is accepted by Seller, subject to the Conditions.

4. Orders and specifications

4.1 All orders shall be in writing and shall not be accepted by Seller unless and until confirmed in writing by Seller's authorised representative.

4.2 All orders shall be for the purchase of Product to a minimum value of �200.00 (Excluding VAT).

4.3 No order which has been accepted by Seller may be cancelled by Buyer.

5. Terms of payment

5.1 Buyer shall pay the Price (without any deduction) within 30 days of the date of Seller's invoice ("the Payment Date"). The time for payment of the Price shall be of the essence of the Contract. The Publisher reserves the right to charge interest on monies outstanding after this date at 1% (one per centum) over the Barclays Bank minimum lending rate, to be charged monthly. Unpaid accounts referred to a third party for recovery will incur collection costs.

5.2 If Buyer fails to make payment by the Payment Date then, without prejudice to any other right or remedy available to Seller, Seller may suspend further deliveries to Buyer of any of Seller's publications or other products.

5.3 All payments shall be made in sterling (a) by bank draft or (b) by company cheque drawn on a reputable bank or (c) by direct funds transfer to Seller's account at Barclays Bank, 8 George Street, Richmond, sort code 20-72-17, account number 60730041 or (d) by credit card. All cheques shall be drawn in favour of PJB Publications Ltd.

5.4 The Price is valid for thirty(30) days from the date of quotation or until earlier accepted in writing by Buyer, after which time or failing which the Price may be varied by Seller by notice to Buyer.

6. Delivery

6.1 Upon payment in full of the Price, Seller shall arrange for delivery of the Product to Buyer by courier. No product will be despatched prior to payment of the Price. Alternative arrangements for delivery may be considered by Seller provided that any costs incurred will be for Buyer's account.

6.2 Time for delivery shall not be of the essence. Any dates quoted for delivery of the Product are approximate only and Seller shall not be liable for any delay in delivery of the Product howsoever caused.

7. Risk and property

7.1 Risk of damage to or loss of the Product shall pass to Buyer at the time of delivery to Buyer's designated address or, if Buyer wrongfully fails to take delivery of the Product, the time when Seller has tendered delivery of the Product.

7.2 Copyright and all intellectual property rights and other rights of a like nature in the Product are and shall remain at all times the sole and exclusive property of Seller.

8. Export terms

Where the Product is supplied for export from the United Kingdom, then notwithstanding any other provision of these Conditions, Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Product into the country of destination and for the payment of any duties thereon.

9. List Rental

Where the Product consists of a list, whether as labels, print-out, magnetic media or in any other form, then unless Seller has given its prior consent in writing (for which an additional fee may be required)

9.1 The List may be used only for a single mailshot promoting one or more of Buyer's own products.

9.2 The list shall not be duplicated or reproduced in any form either in whole or in part.

10. Intellectual Property

10.1 All the information comprised in the Product including copyright and any other intellectual property rights and rights of a like nature shall at all times be and remain the property of Seller. Other than as is necessary for the proper performance of the Contract by Buyer, no licence, express or implied, is granted by Seller under any of its intellectual property rights.

10.2 Product may not be reproduced, distributed for profit, leased, rented, sub-licensed, charged, re-sold or otherwise dealt with or encumbered by Buyer.

10.3 Buyer shall promptly notify Seller of any actual, threatened or suspected infringement of any intellectual property of Seller which comes to Buyer's notice, and of any claim by any third party so coming to its notice that the importation of the Products or their sale infringes any rights of any other person, and Buyer shall at the request and expense of Seller do all such things as may be reasonably required to assist Seller in taking all proceedings in relation to any such infringement or claim.

10.4 Seller exercises due care and skill in the preparation of Product but makes no claim or warranty that it is free from error or fit for any particular purpose. To the fullest extent permitted by law Seller SPECIFICALLY DISCLAIMS all warranties (express or implied) including but not limited to any implied warranty of quality or fitness for any particular purpose.

10.5 Seller shall not be liable to Buyer or any other person for the consequences of any decision or action taken (or which any person refrains from taking) in reliance on any Product nor shall Seller be liable for any loss of profit or special incidental or consequential damages or any similar claim even if Seller has been notified of the possibility of such loss or damages.

10.6 Directories provided in an electronic format are for a single user. Directories in any electronic format are intended for use as a reference tool and any systematic use of addresses and contact information within the product to provide mailing lists is expressly prohibited. All products are seeded to protect unauthorised use

11. General

11.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

11.2 No waiver by Seller of any breach of the Contract by Buyer shall be considered as a waiver of any continuing or subsequent breach of the same or any other provision.

11.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

11.4 Neither party shall disclose and information concerning the other's business nor the existence of dealings between them to any third party without the other's express prior written consent.

12. Force Majeure

Seller shall not be liable in respect of a default due to act of God, war, strike, lock out, industrial action, machinery failure, fire, flood, drought, tempest or other event beyond its reasonable control.

13. Remedies of Buyer

Where Buyer accepts or has been deemed to have accepted the Product then Seller shall have no liability whatever to Buyer in respect of the Product.

14 Proper law of Contract

These Conditions and any contract pursuant to them are subject to English law and the parties submit to the exclusive jurisdiction of the English courts.