The Terms & Conditions below apply to all sales and free downloads from the ContractStore website. If you are buying any JCT contracts from our site, there are extra terms and conditions that apply and you will find them if you scroll down this page.
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Terms & Conditions
We, The ContractStore Limited, are a publisher of sample or template contracts and other documents. We are not a law firm and we do not provide legal advice.
1. Each of the documents available for download on our website is licensed to you on the basis that you obtain appropriate legal advice before using it and that you adapt it in order to meet your particular requirements (of which we do not, of course, have any knowledge).
2. For the above reasons, we wish to emphasise that no document is sold or licensed on the basis that it is fit for any particular purpose or that its terms are legally valid and enforceable in any particular jurisdiction, and all liability in respect of these matters, including liability for economic loss or for any indirect or consequential loss, and whether in contract or tort, is excluded, to the extent permitted by English law.
3.Copyright in all documents published by ContractStore belongs to ContractStore. When you download a document from our website (or receive it from us by email or some other method) you have a non-exclusive and non-transferable licence to use it for your own personal or business purposes including making copies and modifying our document for the purposes of your business.
4. You are not permitted to:
• sell, lease, sub-licence, loan, distribute transfer or otherwise deal in any of the documents supplied by us, or
• publish any of the documents or any extracts from them on the internet, on any website or in any document which is generally available to the public (except when using the document in your business or with the prior written consent of a director of ContractStore), or
• use any of our documents for any purpose that in our opinion conflicts with the interests of ContractStore.
5. If we accept an order for a template to be produced for you, or for a template to be adapted, the work will be carried out in accordance with the instructions received from you in writing. We will normally appoint a lawyer to do the work and our liability to you will the same as set out in paragraphs 1 and 2 above.
6. If you want to use any document supplied by us on more than 20 occasions or for any unusual purpose, e.g. in a training programme or as a precedent for third parties, you should first obtain our written consent by writing to firstname.lastname@example.org. In some instances a special licence fee may be payable.
7. Refunds & Cancellation.
7.1 Because every document purchased from us is in digital form and can be downloaded immediately, if you are a consumer and The Consumer Contracts (information, Cancellation & Additional Charges) Regulations 2013 apply to the transaction, then you expressly acknowledge and accept that the right to cancel the contract under section 29(1) of those Regulations will be lost.
7.2. If you have any concerns, please let us know before completing your purchase. If you purchase the same document twice by mistake or the wrong document, please email us at email@example.com as soon as possible, with details of your purchase. We will consider every refund request in good faith and decide at our discretion as to whether a refund is justified in the circumstances.
8. Dispute Resolution. If our contract with you is made by electronic means you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/odr.com.
The following Terms & Conditions apply on sales of JCT Home Owner Contracts which are published by Sweet & Maxwell. These are in addition to the ContractStore Term & Conditions
1. You may not use a contract more than once.
2. Should you wish to use the contract in conference proceedings you must obtain the prior consent of Sweet & Maxwell and a charge may be payable in respect of such permission.
3. You may not copy or distribute by any means whatsoever a contract except one prepared for and, if relevant, executed by the parties to a specific construction project may be copied and distributed (including distribution by email) to third parties so far as such copying is necessary for the purpose of that construction project.
4. You may not remove, change or obscure any product identification or notices of proprietary rights and restrictions.
5. You may not remove, change or obscure the contact identifiers on a contract.
Warranties & Liability
6. Sweet & Maxwell and ContractStore make no warranties, conditions or representations, express or implied, statutory or otherwise, and without limitation the implied terms of the merchantability and fitness of the contract for a particular purpose are excluded.
7. It is your responsibility to ensure that a contract is suitable for your needs and the entire risk as to the results of the use of the contract is assumed by you.
8. In no event will Sweet & Maxwell or ContractStore be liable for any direct, consequential, or special damages or loss of any kind arising from use of a contract however caused and whether arising under contract, tort, including negligence, or otherwise.
9. If any exclusion, disclaimer or other provision contained in these terms is held invalid for any reason and Sweet & Maxwell or ContractStore becomes liable for loss or damage that could otherwise be limited, such liability, whether in contract, negligence or otherwise, will not exceed the amount actually paid by you for a document.
10. Sweet & Maxwell does not exclude or limit liability for fraudulent misrepresentation or for death or personal injury resulting from an act or negligence of Sweet & Maxwell, nor does ContractStore. Nor does anything in these terms affect the statutory rights of a consumer in "consumer transactions" under any applicable statute.
11. If any part of these terms is held by a court of competent jurisdiction to be unenforceable the validity of the remainder of the terms