Barbara Budrich Publishers: Terms and Conditions
The following terms of Sale and Supply shall apply to each order for the supply of goods that Barbara
Budrich Publishers shall receive from you from this site, unless otherwise agreed in writing.
Acceptance of Customers orders shall be subject to these terms and cannot be altered by any other
terms of purchase.
Orders
1 No order submitted to Barbara Budrich Publishers shall be deemed to be accepted by Barbara
Budrich Publishers unless and until confirmed in writing (either by invoice submitted with goods
delivered, or otherwise) by Barbara Budrich Publishers or Barbara Budrich Publishers' Authorised
Agent.
No order which has been accepted by Barbara Budrich Publishers may be cancelled by you except
with the prior written agreement of Barbara Budrich Publishers or its authorised representative.
By placing an order you agree to be bound by these terms and conditions and further acknowledge
that these terms and conditions comprise the only terms and conditions upon which the goods ordered
by you are supplied and that they shall not be deemed to be altered or varied to any extent the
provision by you to Barbara Budrich Publishers of any other terms and conditions in respect of such
goods.
Supply and Return
2 Risk of damage to or loss of the goods ordered shall pass to you at the time of delivery or, if you
wrongfully fail to take delivery of the goods, the time when Barbara Budrich Publishers (or any other
company on behalf of whom Barbara Budrich Publishers acts if books belong to that company) has
tendered delivery of the goods. Notwithstanding delivery and the passing of the risk in the goods,
or any other provision of these terms and conditions the property in the goods shall not pass to you until
the later of the date of delivery or the date on which Barbara Budrich Publishers has received in cash
or cleared funds, payment in full of the price of the goods.
Delivery
3 a) Freight charges within Germany will be waived if the total value of goods amounts to more than
EUR 50.00. Freight charges for deliveries with a total value of goods below EUR 50.00 amount to
EUR 3.00.
b) Freight charges outside Germany will be waived if the total value of goods amounts to more than
US$ 50.00 for non-airmail delivery. For airmail delivery, additional US$ 5.00 will be charged for
US$ 50.00 to US$ 100.00 total value of goods, US$ 10.00 will be charged for between US$ 100.00 and
US$ 150.00 total value of goods, etc. For non-airmail deliveries outside Germany with a total value of
goods below US$ 50.00 freight charges are US$ 5.00; for airmail delivery freight charge amounts to
US$ 8.00.
c) Subject to the payment of the applicable freight charges by you the goods will be despatched to you
freight paid within 7-10 working days.
Charging and Selling
5 Invoices shall be raised as quickly as possible and despatched with or separately to the goods, etc.,
in question.
6 All books are sold subject to the condition that they shall not, by way of trade or otherwise, be lent,
re-sold, hired out or otherwise circulated without our prior consent in any form of binding or cover,
other than that in which it is published and without a similar condition including this condition being
imposed on the subsequent purchaser.
Payment
7 The price of goods shall be the published price as shown on the invoice less such discount as may
have been agreed between Barbara Budrich Publishers or its authorised agent and you in writing as
shown on the invoice. Unless the contrary is stated the price quoted for Germany is the fixed price
including German VAT (Mehrwertsteuer); the price outside Germany is exclusive of any applicable
value added or other tax which you shall be additionally liable to pay to Barbara Budrich Publishers.
8 No settlement discounts or other deductions may be made against amounts due on our invoices or
statements. Payment will be due immediately upon receipt of the invoice or goods whichever is the
earlier, unless payment is made at the time of the order, which is usual procedure with orders
from outside Germany.
Queries or Claims
10 Any claim for credit or replacement stock in respect of any delivery of goods shall only be
considered if such a claim relates to shortage, damage, defect in quality or condition, failure to
correspond with order or non-delivery and is received in writing at the Barbara Budrich Publishers
or its agent's address shown on the invoice within 14 days or the date of the delivery of the goods to
you in Europe or within 28 days of the date of delivery of the goods to you outside Europe.
Liability
11 This agreement for the supply of goods shall be governed by the laws of Germany.
Where the goods are sold to you under a transaction in which you are acting as a consumer your
statutory rights are not affected by these conditions.
Except in respect of death or personal injury caused by Barbara Budrich Publishers' negligence,
Barbara Budrich Publishers shall not be liable to you or any other person by reason of any
representation or any implied warranty, condition or other term or any duty at common law or under
the express terms of the agreement for any consequential loss or damage (whether for loss of profit or
otherwise) costs, expenses or other claims for consequential compensation whatsoever (and whether
caused by the negligence of Barbara Budrich Publishers, its employees or agents or otherwise) which
arise out of or in connection with the supply of goods or their use or resale by you or any other person
except as expressly provided in these terms and conditions.
Infringement
13 You shall notify Barbara Budrich Publishers forthwith in writing upon becoming aware of any claim
for infringement of any patent, copyright, design, trademark, service mark or other industrial or
intellectual property rights in or relating to the goods.
Insolvency
14 If:
(a) you make any voluntary arrangement with your creditors or become subject to an administration
order, or (being an individual or firm) become bankrupt or (being a company) go into liquidation
(otherwise than for the purposes of amalgamation or reconstruction); or
(b) an encumbrancer takes possession or a receiver is appointed of any of your property or assets; or
(c) if you cease or threaten to cease to carry on business; or
(d) Barbara Budrich Publishers reasonably apprehends that any of the events mentioned above is
about to occur in relation to you and notifies you accordingly then, without prejudice to any other right
or remedy available to Barbara Budrich Publishers. Barbara Budrich Publishers shall be entitled to
cancel the agreement for the sale of the goods or suspend any further deliveries under such
agreement without incurring any liability to you, and if the goods have been delivered but not paid
for the price shall become immediately due and payable notwithstanding any previous agreement or
arrangements to the contrary.
Inspection and Approval Copies
15 Inspection copies and copies sent on Approval will only be supplied to persons, firms or companies
previously approved by Barbara Budrich Publishers for the receipt of the same.
Inspection copies and copies sent on approval must be returned at your cost in saleable condition with
the invoice which accompanied such copies so as to be received at the address stated in such invoice
for the return of such copies not more than 30 days after the date of such invoice failing which the
amount stated on such invoice will become due and payable by you in full on the date which is
30 days after the date of such invoice.
General
16 If any provision of these terms and 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.
No waiver by Barbara Budrich Publishers of any breach of the agreement by you shall be considered
as a waiver of any subsequent breach of the same of any other provision.
The headings shown in these terms and conditions are for convenience only and shall not affect their
interpretation.
No variation to these terms and conditions shall be binding unless agreed in writing between
the authorised representative of Barbara Budrich Publishers and you.
ALWAYS QUOTE INVOICE NUMBER ON CORRESPONDENCE.