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8
Copyright
8.1
The Copyright shall vest in the Seller.
8.2
Authorised representatives of the Buyer shall
be entitled to photocopy the Goods for use within
the School in the normal course of French lessons.
8.3
The Goods are supplied for use by the Buyer within
the normal course of its French lessons. This
includes permitting the material to be used outside
of the School by students of the School for homework
or revision, and for use outside the School by
teachers of the School for marking or lesson planning.
For the avoidance of doubt, the Seller does not
authorise any other use of the Goods outside of
the School without the prior written consent of
the Seller.
8.4
Any plays or stories contained in the Goods may
be performed by students attending the School.
These plays or stories may be recorded onto audio
or video tape for use within the School, but not
for use anywhere else without the prior written
consent of the Seller.
9 Warranties
and liability
9.1 Subject
to the conditions set out below the Seller warrants
that the Goods will be fit for their normal use
within a school environment.
9.2 The
above warranty is given by the Seller subject
to the following conditions:
9.2.1 the
Seller shall be under no liability in respect
of any defect arising from fair wear and tear,
wilful damage, negligence, misuse or alteration
of the Goods without the Seller's approval;
9.2.2 the
Seller shall be under no liability under the above
warranty (or any other warranty, condition or
guarantee) if the total price for the Goods has
not been paid by the due date for payment;
9.2.3 the
Seller warrants that the accuracy of the Goods
has been checked and confirmed by a native French
speaker.
9.3 Any
claim by the Buyer which is based on any defect
in the quality or condition of the Goods or their
failure to correspond with specification shall
(whether or not delivery is refused by the Buyer)
be notified to the Seller within 7 days from the
date of delivery or (where the defect or failure
was not apparent on reasonable inspection) within
a reasonable time after discovery of the defect
or failure. If delivery is not refused, and the
Buyer does not notify the Seller accordingly,
the Buyer shall not be entitled to reject the
Goods and the Seller shall have no liability for
such defect or failure, and the Buyer shall be
bound to pay the price as if the Goods had been
delivered in accordance with the Order Form.
10 General
10.1 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 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.
10.2 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
provision of these Conditions and the remainder
of the provision in question shall not be affected.
10.3 Any contract
shall be governed by the laws of England, and
the Buyer agrees to submit to the non-exclusive
jurisdiction of the English courts.
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