This agreement is made between Expat TV,Bermuda("the Company"), of Suite1463 48 Par-La-Ville Road, Hamilton HM11, Bermuda and the party named on the order Schedule ("the Customer")
2. Scope of the Agreement
The Customer agrees to purchase the goods & services referred in the Schedule, the Company's service (the Service) on the terms set out below and contained in the schedule to this agreement (the "Agreement"), if any, which together, subject to any variation allowed by these conditions, constitutes the whole agreement.
3. Date of Agreement
This Agreement is only binding on the Company when signed in acceptance by its duly authorised representative servant or agent.
4. Consumer Protection
Nothing in these conditions shall affect the statutory rights of the Customer.
a) All prices quoted by the Company are based upon these conditions and reflect the limitations upon the Company's liability, which they contain. b) Any quotation is merely an invitation to treat and no order whether based on a quotation or otherwise shall create a binding contract between the Company and the Customer until the Company has accepted such order in writing. c) In the absence of any special arrangement, which shall not bind the Company unless made in writing and accepted in writing on the Company's behalf by a director of the Company, these Conditions shall apply to all quotations given by the Company and all agreements made between the Company and the Customer and shall supersede and override any other terms and conditions proposed or stipulated in the order or otherwise by the Customer. d) The Company shall be under no liability whatsoever for any advice it has given or views it has expressed to the Customer whether or not such advice is given or such views expressed at the Customers request unless they confirmed in writing as part of this Agreement. e) Specific details regarding our Service are available on the website www.ex-pat.tv (the "Website") which has been made available to you prior to signing this agreement and as such your acceptance of the terms of this agreement constitutes your acceptance of and agreement to the Product Details set out on the Website f) The Customer must hold an up-to-date T.V. license for the U.K. The Company accepts no liability for the Customer's U.K. T.V. licensing.
6. Order Acceptance
The Customer's written order can only be validly accepted by the signature of a person duly authorised on behalf of the Company.
The Company reserves the right to change the Monthly Service Fee (the "Service Fee") from time to time as is necessary in line with both interest rates and inflation in the country of origin of the Service.
The Customer warrants to be the entitled to enter into this agreement.
9. Delivery of the Service
a) The Company shall incur no liability for delay in commencement of the Service where such delay is caused by shortage of materials or labour, strikes, lockouts, inclement weather, war, Government act or omission, whether local or national, act of God or other reasonable cause. b) Any date given for the commencement of the Service given by the Company is an estimate and whilst the Company will use its best endeavours to adhere to the dates given, time shall not be of the essence of this Agreement unless a Director of the Company has agreed this in writing.
a) The Customer shall pay in full for the set-top box prior to delivery of the equipment by the Company. b) The Customer warrants that the Service Fee shall be paid promptly each month and any payment shall be provided from their own resources and will not expect the Company to provide or procure any loan or other financing.
It is hereby agreed that this is neither a hire purchase nor a conditional sale agreement.
a) The customer has the right to cancel this Agreement at any time either by writing to the Company expressing their desire to do so, or by terminating their payment method for the Service. Should the Service not be paid for it will initially be suspended by the Company. Should the Customer fail to make two or more consecutive monthly payments, the Company shall be obliged to terminate the Service and cancel the Agreement. b) The Company has the right to cancel this Agreement at any time if it shall be prevented or hindered from providing the Service by any event beyond the control of the Company. The Company shall not be under any liability to the Customer except as provided by statute.
All Products supplied or installed by the Company to or to the order of the Customer shall remain the property of the Company until they have been paid for in full and value has been received through cleared funds in the Company's bank account.
The risk in the Products shall pass to the Customer upon delivery to the customer premises.
15. Exclusion of Liability
The Company shall not be liable in any manner whatsoever whether in contract, tort misrepresentation or otherwise for any indirect or consequential loss, damage or injury however caused which arise out of or in connection with the supply of, or installation of, the products. This clause applies equally to any products supplied or installed under the terms of the guarantee.
The Company will at its discretion repair or replace Products which are deemed by the Company to be defective by reason of faulty material or workmanship provided that the Customer has notified the Company in writing of the defect within 12 (twelve) months of the date of installation. The warranty shall only cover the set-top box. The Company shall not be liable for any failure in the Customer's internet connection which prevents them from being able to access the service.
These conditions and this contract shall be governed by and construed in accordance with the laws of England. The parties hereto further agree to submit to the jurisdiction of the Courts of England and Wales.
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