We no longer provide DVDs on rental so these Terms and Conditions are now void
Terms
Video rental is licensed by Development Films. You must not:
- Copy or duplicate it
- Translate, amend, edit or transmit over open or closed circuit television, computer networks, cable or satellite systems without our permission.
- Sell, rent, lend, give or sub-licence it.
Terms & Conditions
1. Information about us
The Development Company Limited (we or us) are registered in England and Wales under company number 03932440 with our registered office and trading address at Ireton House, 9 Sunnyside, Earls Barton, Northampton NN6 OEX. Our VAT number is GB 623 7259 38.
2. How the contract is formed between you and us
Your order constitutes an offer to us to rent a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you in writing that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Order Contract) will only be formed when we send you the Dispatch Confirmation.
The Order Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
These Terms and Conditions apply to the Order Contract to the exclusion of any other terms that the seek to impose or incorporate, or which are implied by trade, custom, practice or course dealing
3. Price and Payment
The price of any Products will be as quoted from time to time, except in cases of obvious error.The prices quoted include VAT but exclude delivery costs, which will be added to the amount due. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. Payments for all Products must be by BACS, credit or debit card. We accept payment with Mastercard. Visa credit card. UK Visa Debit card, UK Visa Electron, Visa Corporate, Mastercard Corporate, Maestro, JCB.
Where credit terms are accepted, payment is due within 30 days of the date of our invoice, without any deductions. If the client fails to pay within 30 days of the invoice date, we understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed terms.
4. Availability and delivery
Your order should be delivered by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
We may at any time notify you of delays in the dispatch or delivery of the Products and may, at our discretion but only if deemed necessary, amend the dispatch or delivery accordingly.
The client will be liable for the express delivery surcharges for products ordered less than 3 working days prior to the dispatch date.The client must notify us of late delivery or non-delivery before close of business on the working day before close of business on the scheduled delivery day. Failing this, the Product will be deemed received at the date and time scheduled.
5. Cancellation of orders
If the client wishes to cancel an accepted order for rental of Product or Products, notice in writing must be received by us no less than three days before due date of dispatch. Otherwise, the Clients requests for cancellation will be rejected.
6. Risk and title
The products will be at your risk from the time of delivery.In the case of rental of Products, the client must keep and maintain each Product in a safe and secure manner, free from all damage.You will be liable for the full cost of replacement of Products in the event of loss or damage, howsoever caused or arising.
7. The Licence
If you are a company or other organisation the Licence permits you to use or make available the Products for education and training purposes to your officers, employees and those persons whose services are contracted principally to you.
The Licence is granted solely to you and does not extend to other companies, organisations, individuals, partnerships or LLPs, whether or not connected or associated with your company or organisation, group member or franchisee or otherwise, or officers or employees of such companies or organisations.
If you are a self-employed trainer or training, education or development organisation the Licence permits you to use or make available the Products for education and training purposes to those companies, organisations, groups or individuals who may from time to time engage your services as a trainer.
The users permitted under section 7 above are hereinafter described as Permitted Users.
Your license to use the Product or Products shall continue for the fixed period stated in the Order Confirmation.
8. Restrictions on Use of Products
All copyright, trade marks, design rights, and other intellectual property right (registered and unregistered) in respect of the Products and all content contained in our promotional material or on our website shall remain vested in us.
Under no circumstances will you be entitled to:Copy or duplicate a Product in whole or in part;Translate, edit, amend, modify or add to a DVD Product; or Sell, rent, lend or sub-licence a Product.If a Product is in the form of a CDROM, you may not disassemble, decompile or reverse engineer the software embodied in that CDROM.
You may not charge an administration fee for viewing a Product or advertise its use outside your organization.You may only make a Product available at any one time on a single computer or television screen (Screen) and may not exhibit or disseminate a Product by any means of terrestrial, satellite, cable or other broadcast or by any means of network or electronic transmission. For the avoidance of doubt, you may not upload the Products or any part thereof to the Internet, an intranet site or any other broadcast network such as a live webinar without our express prior written agreement.
9. Return of Rental Products
Upon expiry of the Licence to rent our Product or Products, the client must return the Product to us within seven days, which will be specified in the Order Confirmation.
Return shall be made by a reputable carrier chosen by the client, at the client’s risk and cost. The client acknowledges that no carrier will consider a claim for loss or damage in transit unless a receipt for collection or a proof of delivery certificate has been obtained by you.
10. Late return of Rental Products
Where you fail to return a Product to us in accordance with clause 9 you will pay the daily rental fee for that Product at our then current price list for each day the Product remains outstanding.
11. Our refunds policy
In the unlikely event that you receive Products which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your Dispatch Confirmation, we shall, at our own option, make good any shortage or non-delivery, replace or repair any damaged or defective Products, or refund to you the amount you paid for the Products in question provided you notify us of the problem in writing at the address stated in the Dispatch Confirmation within 10 working days of delivery of the Products provided the products are returned to us before the replacements are dispatched. Nothing in this section affects your statutory rights.
We will endeavour to refund any undisputed sums owed to you using the same method originally used by you to pay for your purchase.
12. Our liability
We warrant to you that any Product purchased from us is of satisfactory quality and reasonably fit for the purpose for which products of the kind are commonly supplied.
Our liability to you is limited to the purchase price of the Product you purchased.
This section will not exclude or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with these terms and conditions or an Order Contract including any losses that may result from a deliberate breach of the terms and conditions or an Order Contract by us, our employees, agents or subcontractors.
The content of the Products and any associated materials relates to various training scenarios and is provided as a guide only. The Products and related materials are provided as training aids and for the avoidance of doubt we accept no liability whatsoever for any damage or loss, direct or indirect, arising from your use or interpretation of the Products, associated materials and the content therein.The client is fully responsible for ensuring that the format in which the Product is supplied is compatible with and suitable for use in conjunction with your DVD player, computer or other relevant system and is otherwise fit for purpose intended by you, and that it is suitably stored and maintained.
13. Import duty
If you order Products for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
14. Restriction on Export
Save as otherwise permitted by law, you may not export the Product or view it outside the country to which it is initially delivered without our prior written consent.
15. Notices
All notices given by you to us must be given to The Development Company Limited T/A Development Films at Ireton House, 9 Sunny Side, Earls Barton, Northamptonshire, NN6 0EX (email: training@thedevco.com). We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
16. Transfer of Rights and Obligations
These terms and conditions and each Order Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of an Order Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of these terms and conditions and any Order Contract, or any of our rights or obligations arising under it, at any time.
17. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions and any Order Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Order Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will be entitled to an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Order Contract may be performed despite the Force Majeure Event.
18. Waiver
If we fail, at any time during the term of an Order Contract, to insist upon strict performance of any of your obligations under the Order Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Order Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section 15 above.
19. Severability
If any of these terms and conditions or any provisions of an Order Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire Agreement
These terms and conditions and any document expressly referred to in them constitute the whole agreement between you and us and supersede any previous arrangement, understanding or agreement between us, relating to these terms and conditions or the subject matter of any Order Contract.
We each acknowledge that, in entering into any Order Contract neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Order Contract or not) other than as expressly set out in these terms and conditions.
Nothing in this section shall limit or exclude any liability for fraud.
21. Our Right to vary these Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our businesses, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements.
22. Third Party Rights
These terms shall not be enforceable under the Contract (Rights of Third Parties) Act 1990 by a third party.
23. Law and Jurisdiction
These terms and conditions and Order Contracts and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with these terms and conditions or such Order Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
