75% The Book Depository Promo Codes ( The Book Depository Coupon Codes) November 2024 Australia

The Book Depository one of the world's largest dedicated online booksellers, offering over ten million book titles, available for dispatch within 48 hours. We are proud to offer free delivery on every order, to over 100 countries.

Warranties: Vendor represents and warrants that: (a) Products are safe, fit for purpose and free from any defects; (b) Product Information is accurate and complete and that neither TBD's exercise of its license rights, nor its sale, marketing or distribution of the Products, will violate any copyright, trademark, design, database or other third party's rights; (c) Products, including Product Information and import documentation (if applicable) comply with all applicable laws and rules and unless otherwise agreed, are CE compliant and are supplied with all available European language versions of instructions and warranty and equipment (including, where relevant, a plug suitable for the country of delivery of the Products); (d) the Products may be lawfully marketed, sold and distributed without restriction; and (e) no Products were produced, manufactured, assembled, or packaged by forced, prison or child labour (defined as age 15 or below or the minimum working age within the applicable jurisdiction, whichever is older).

Product Recalls; Product Returns; Effect of Remedies: Vendor will provide TBD immediate written notice of any recall. Vendor is responsible for the reasonable costs TBD incurs in a recall. TBD may return for a full refund at Vendor's expense any Product that (a) is damaged, defective, not fit for any purpose claimed by Vendor (or a Product manufacturer) or breaches any warranty or representation in section 3; (b) does not conform to agreed specifications or to samples; (c) is subject to recall; or (d) was not ordered in an OF by TBD. Where TBD returns Product for any of the reasons set out in this section, Vendor will inspect any returned Products and send written notice of any damages or shortages to TBD without delay. Vendor has a maximum of 6 months, from the date of dispatch of the returned Product from TBD's premises, to challenge the right to return some or all of the returned Product. Title to any Product returned to Vendor remains with TBD until Vendor has paid all monies related to that returned Product. Payment of an invoice does not limit TBD's remedies.

Vendor Defence and Indemnification: Vendor will defend TBD, its affiliated companies, and their respective officers, directors, employees, contractors and agents (the "TBD Parties") against any claim that arises, directly or indirectly, from: (a) any death of or injury to any person, damage to any property or any other damage or loss due to any defect in or use of any Product; (b) any breach of the warranties in Section 3; (c) any Product recall; (d) Vendor's negligence, strict liability or intentional misconduct; and (e) Vendor's breach of this Agreement (individually, a "Claim", and collectively, the "Claims"). Vendor will indemnify and hold harmless each TBD Party against any liability, loss, damage, cost or expense (including reasonable professional fees) incurred by that TBD Party relating to any Claim, except to the extent the liability is caused by the negligence or intentional misconduct of that TBD Party as determined by a final, non-appealable order of a court having jurisdiction. Vendor will not consent to the entry of a judgment or enter into any settlement or compromise of any Claim without the TBD Parties' prior written consent, which may not be unreasonably withheld. Vendor will use counsel reasonably satisfactory to the TBD Parties, and the TBD Parties will cooperate in the defence. If any TBD Party reasonably determines that any Claim might have an adverse effect on any TBD Party, that TBD Party may, to the extent permitted by applicable law, take control of the defence at its expense (without limiting Vendor's indemnification obligations).

Limitation of Liability: NO TBD PARTY WILL BE LIABLE TO VENDOR FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES (ALL OF WHICH TERMS INCLUDE, WITHOUT LIMITATION, PURE ECONOMIC LOSS, LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL AND SIMILAR LOSS).

Shipping: The parties will agree which party will be responsible for transportation of the Products to TBD. When TBD is responsible for transportation, Vendor will deliver the Products to TBD's designated carrier and risk of damage to or loss of the Products will pass to TBD when Vendor delivers the Products to the carrier. When Vendor is responsible for transportation, risk of damage to or loss of the Products will pass to TBD when it accepts the Products from Vendor's designated carrier and Vendor will follow TBD's delivery procedures and requirements. Vendor retains title to Products until TBD has paid for those Products. However, Vendor may not require TBD to dispose of the Products, rescind the transaction, prohibit TBD from moving, selling and transferring good title to its customers or otherwise using the Products in the ordinary course of business. Moreover, Vendor has no other rights than recovery of the Products in TBD's stock if TBD defaults in its payment obligation for the Products due to insolvency.

Insurance: Vendor will comply with Schedule 1 in respect of insurance requirements.

Confidential Information: Vendor will: (a) protect TBD's information that is identified as confidential or that reasonably should be considered confidential; (b) use this information only to fulfil its obligations under this Agreement; and (c) return this information to TBD promptly when this Agreement terminates. Section 9 covers all confidential information regardless of when Vendor receives it. Vendor will not use any trademark, service mark, commercial symbol, or other proprietary right of any TBD Party; issue press releases or other publicity relating to TBD or this Agreement; or refer to TBD in promotional materials.

Miscellaneous: The parties agree that the Agreement may be validly concluded online. These terms and conditions along with any addendums, agreements under which Vendor ships Products directly to TBD and all commercial terms agreed in writing (including online) between the parties (together "the Agreement") will form the entire agreement between TBD and Vendor for the purchase and sale of Products and supersede all prior agreements and discussions relating to the same. Conflicting provisions, in particular (but not limited to) those contained in Vendor's general terms and conditions, will only apply if TBD explicitly agrees to such provisions in writing. The term of this Agreement is for the calendar year in which it is signed by the parties. This Agreement will automatically renew for successive calendar years on the same terms and conditions unless superseded by another written agreement between the parties or unless terminated, without recourse to the courts, by either party giving 60 days' written notice to the other at any time. Sections 2, 3, 4, 5, 6, 8, 9 and 10 will survive termination of the Agreement. Vendor may only assign or otherwise transfer the Agreement with TBD's prior written consent. TBD may collect and process personal data from Vendor, and/or its representatives or employees, for the purposes of communicating about, and developing, the mutual business relationship, complying with legal obligations and generally givingeffect to the terms of the Agreement. Any such personal data shall be collected and processed in accordance with the principles detailed in TBD's privacy policy. This Agreement will be interpreted and enforced in accordance with the laws of England and Wales without reference to any applicable conflict of laws or the Convention on Contracts for the International Sale of Goods. TBD and Vendor submit to the non-exclusive jurisdiction of the courts of England. TBD's estimates or forecasts are non-binding. TBD may withhold or setoff any sums Vendor owes to TBD against sums owed by TBD to Vendor. TBD may request from Vendor documents to enable it to verify payments made in accordance with this Agreement. If Vendor does not provide such documents within a reasonable period, TBD will be free to deduct any outstanding amount from Vendor's next remittance. The exercise of one or more rights or remedies by a party will not preclude it from exercising any other right or remedy. TBD may communicate any modification of the Agreement via email. Except as provided for in section 1, Vendor may reject the modifications. If TBD does not receive Vendor's rejection within 14 days after notification, these modifications will be deemed to have been accepted and will become part of the Agreement. Either party's failure to enforce any provision will not be a waiver of the party's rights to subsequently enforce the provision. If any provision is held to be invalid, then that provision will be modified to the extent necessary to give effect to the commercial intentions of the parties and to make it enforceable, and any invalidity will not affect the remaining provisions. This Agreement may be executed in counterparts. Addresses for Notices to TBD: 1 Principal Place, Worship Street, London, EC2A 2FA Attn: Commercial Department.