Definitions

The following terms shall have the following meanings:
‘Business Day’ A Day (other than a Saturday, Sunday or public holiday).
‘Contract’ means the contract between you and us for the sale and purchase of the Goods made through the site or direct and formed by our acceptance of your Order.

‘Delivery Location’ means the location set out in the order or such other location as may be agreed between you and us.

‘Goods’ means the goods (or any part of them) set out in the order and as described on the Site or in our Catalogue (whichever is applicable). Pictures and any descriptions are for illustrative purposes only.

‘Lease Company, Lessor’ means any leasing company introduced to you in respect of and for the purpose of an order or such company that you have requested us to deal with for that purpose.
‘Order’ means your order for the goods made through our site through our online order form or direct to us by telephone or email.
‘Site’ means www.modularcoldrooms.co.uk and www.modularcoldrooms.com
‘Terms’ means the Terms and Conditions which are set out in this document, and which are amended from time to time.
‘We, us, our, the Company, Zebmak International Limited trading as The Modular Coldroom Company, also known as TMCC which stands for The Modular Coldroom Company
‘You, your, the Customer, buyer’ means the business trade customer purchasing goods from us in the course of Business to business and commercial use only.

The following rules apply:
Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
A reference to writing or written includes faxes and e-mail

1. Terms And Conditions

1.1. In these Conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statue or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.2. In these Conditions references to the masculine includes the feminine and the neuter and to the singular includes the plural and vice versa as the context admits or requires.
1.3. In these Conditions headings will not affect the construction of these Conditions.
1.4 By placing any order our company, The buyer shall be deemed to have agreed to and accepted these Terms and conditions and shall be warranting that they are a commercial business customer.
1.5 These Terms apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, or practice.

2. Application Of Terms

2.1. Subject to any variation under conditions 2.3 the Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2. These Conditions apply to all the Company’s sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a Director of this Company.
2.3. No order placed by the Buyer, shall be deemed to be accepted by the Company until the Company delivers the Goods to the Buyer. The Buyer must ensure that the terms of its order and any applicable specification are complete and accurate.
2.4. Any quotation is given on the basis that no contract will come into existence until the Company dispatches the Goods to the Buyer or sent written acknowledgement of order (whichever is earlier) Any quotation is valid for a period of 14 days only from its date, provided that the Company has not previously withdrawn it.
2.5. Applying for credit facilities or placing an order with the Company is taken as authorisation for the Company to approach third parties for credit information.
2.6. The Company may assign this contract, or any claims arising therefore, to third parties without the buyer’s consent.
2.7. The provisions of S35(A) of the Sales of Goods Act 1979 as amended, shall not apply to the contract expect where the buyer deals as a consumer within the meaning of section 12 of the Unfair Contract Terms Act 1977.

3. Description

3.1. Although every effort has been made to ensure that the illustration, price, description, measurements and specification of goods are correct, such information is published for the sole purpose of giving approximate idea of the goods represented by a description in them. They will not form part of the contract, and this is not a sale by sample. Where any such details are important the Buyer should themselves verify the information in writing, before placing an order. The company reserves the right to modify or vary the design, specification or finish of any products without notice.

4. Delivery

4.1. Delivery will be deemed to have been affected when the goods are delivered to the buyers requested delivery address.
4.2. All delivery dates are approximate only. Time of delivery shall not be of the essence.
4.3. The company shall not be liable for any loss whatsoever or however arising caused by its non-delivery (or by the future to make goods ready for collection) on the due date.
4.4. The company reserves the right to make delivery by instalments and to render a separate invoice in respect of each instalment and such invoice shall be payable. 4.5. When delivery is by instalment or if there is a delay in the delivery of any one or more instalments for whatever reason, this will not entitle the buyer to cancel or terminate any one contract relating to an instalment or entitle the buyer to treat the contact as repudiated or to damages.
4.5. Delivery (unless otherwise agreed in writing) will be as closely and safely possible on a kerbside delivery (ground floor only) UK mainland. Delivery does not include going on the premises, negotiating stairs or lifts, unpacking, positioning or assembling items. The Buyer needs to ensure that all products will fit through doorways and onto premises, the Company will not accept responsibility if it will not fit. Any carriage charges caused by aborted delivery are the Buyers responsibility.
4.6. Subject to the other provisions of these Conditions the Company will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence).
4.7 Where delivery is refused by the Buyer or is delayed, suspended or made by instalments at the request of the Buyer or where the company is unable to deliver the goods due to circumstances beyond its control, the company on giving notification of the readiness to deliver shall be entitled to treat the contract as fulfilled and place the goods into storage, Delivery will then be deemed to have taken place for invoicing and payment as in clause 12 and the passing of risk. The Company as the Buyers request shall and in the event may arrange insurance covering the major perils endorsing its own interest. The cost of storage and any insurance of the goods shall be for the buyer’s account. Storage shall be charged at 5% of invoice value for each completed week.
4.8 The Buyer or its agents must examine the goods upon delivery before signing the delivery note and accepting the goods. Any damage must be noted on the carrier’s delivery note/device at time of delivery otherwise claims cannot be entertained. The company does not accept signing the note as “unchecked” The Company cannot be responsible for any goods damaged due to carriage damage if noticed after the note or its device has been signed. The buyer must check first. Damage must be written clearly on the courier’s delivery note or device. Reports of the damage must be reported in writing within 24 hours to our company.
4.9 The Company will not accept damage claims once the goods have been moved to a different location from the point of delivery, has been assembled, or has been installed. Any damage must be reported to us before assembly and installation and within the timeframe specified in clause 4.9.
4.10. For off shore and remote areas including Northern Ireland, Highlands, Isle of Man, Isle of Wight, Channel Islands, Alderney and Scottish Islands a supplementary delivery cost may apply, Postcodes Include: AB30 – AB39, AB41 – AB45, AB51 – AB56 -BT1-94-FK19 – FK21-GY1 – GY9-HS1 – HS9-IM1 – IM9, IM99, IV1 – IV28, IV30-32,36,40 IV41-49,IV51-56, IV63-JE1 – JE4-KA27-28, KW2-3,KW5-9,KW 10-17-PA20- PA38, PA41 – PA49, PA60 – PA78, PH1,PH5-PH26, PH30-44,PH49-50, PO30 – PO41-SR1 – SR9, SR43, SR88-TR21 – TR25-ZE1 – ZE3

5. Installation

5.1. The company will carry out installation in a workmanlike manner and to the best of its ability but shall not be liable for any damage caused to persons or property in or about the premises caused by reasons beyond the control of the Company or employees.
5.2. If, after delivery, but before completion of the installation, damage to or destruction of any part of the equipment on site occurs, arising from any accident, theft or malicious intent or from war, fire or any cause beyond the Company’s control the Company shall make good the damage or destruction and will make an extra charge to the buyer in respect thereof which the buyer must pay. The extra charge will be calculated in accordance with the Company’s standard charges and terms. If further work shall be impractical the buyer shall pay for the equipment and labour already supplied, and the contract shall be at an end.
5.3. The buyer shall be solely responsible for the cost of protecting the equipment from damage or destruction after delivery, howsoever caused.
5.4. The Company accepts no liability arising from or contributed to by the fixing of equipment by the Buyers or by contractors employed by them or from placing on equipment of articles of excessive weight.
5.5. The Company will not accept any liability or claim for the loss of contents arising from malfunction of the equipment supplied.
5.6. The company’s quotation does not include the following:
5.6.1 Any electrical wiring, plumbing, building works, making good, or any materials or services not specifically mentioned in the quotation.
5.6.2 Any casual labour, costs of hiring, lilting or handling equipment or scaffolding required to convey goods supplied to site.
5.6.3 Cost of lighting, power, heating and water required during erection and installation of the equipment at site.
5.6.4 Any insurances payable relating to the above.
The above items are to be provided and paid for by the Buyer.
5.6.5 Notwithstanding any agreed date under clause 5.3. The Company shall not be liable for loss or damage arising from delays in delivery resulting from acts of God, Government orders, strikes, war or delay in delivery of manufacturing material, or any circumstances beyond the Company’s control. None of these events shall entitle the buyer to cancel the contract, and the delivery date shall be extended accordingly.5.6.5The Buyer should cover the equipment being delivered for fire and theft even if the goods are on short term loan or hire

6. Warehouse And Collection

6.1. Risk in the goods passes to the Buyer upon receipt.

7. Non-Delivery

7.1. The quantity of any consignment of Goods as recorded by the Company upon dispatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
7.2. The Company shall not be liable for any non-delivery of goods (even if caused by the Company’s negligence) unless written notice is given to the Company within 24 hours of the date when the Goods would in the ordinary course of events have been received.
7.3. Any liability of the Company for non-delivery of the goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro-rata contract rate against any invoice raised for such goods.
7.4. For large machinery or refrigeration, where a delivery attempt has been made and failed due to buyer error, a subsequent delivery charge may be charged.

8. Cancellation

8.1 There is no cooling-off period for change of mind. Buyer error during ordering is not grounds for return or refund. Goods which have been incorrectly ordered will only be accepted for return at the manufacturers discretion, with our prior approval and subject to the payment by you of return carriage costs and any charge in accordance with Term 8.1
8.2 Returned Goods will only be accepted if they are: in the same condition as when they were delivered and they are correctly packed in the original packaging including protective film, wrapping and pallets where applicable, and with the manuals, returned with the necessary proof of delivery and purchase, and have not been used. If equipment is sold as per description and fit for purpose, certain manufacturers will not accept returns.
8.3 The manufacturer reserves the right via the company to make a restocking charge of 25% if the goods are unopened and with original packaging. If there is NO packaging, then up to 50% restocking can be charged by Manufacturers (at Manufacturer’s discretion) of the value of the Goods. If the goods are USED or DAMAGED, then we cannot accept any returns.
8.4 Should you wish to cancel an order, the cancellation must be made in writing, either by email, or post. If you cancel any order whilst the Goods are still in transit, an abortive delivery charge will be incurred by you including any additional company losses.
8.5 Any Goods that are not normally held in stock will be ordered on your behalf from the manufacturer or other supplier. Such items cannot be returned if the buyer decides that it is no longer required. Such goods will require a signed agreement provided by the company to secure the order. The order will not be eligible for return once the agreement has been signed or agreed in writing.

a) Buyer makes any further use of such Goods after giving notice in accordance with clause 8.1
b) The defect arises because you have failed to follow our (or that of the manufacturer or distributor) oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
c) The defect arises as a result of us following any drawing, design or specification supplied by you;
d) You alter or repair such Goods without our written consent;
e) The defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
f) The Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
8.6 All special order items/bespoke are made to order and are non-refundable once the order is placed.

9. Leasing

9.1. At our discretion, and subject to certain criterion, we may be willing to allow the payment of the Goods to be funded through a Lease Company or other payment provider. Our agreement to this will be strictly on the basis that you agree to the terms within this section9.
9.2 We only act as an introducer to the Lease Company or other payment provider and are independent of it and not in any way connected to the same.
9.3 You acknowledge that you have not relied upon any advice or representations from us in respect of whether or not you should use this method of payment.
9.4 You understand that the arrangements with the Lease Company or other payment provider are a separate contract and not part of any contract with us, and you accept all responsibility in this regard.
9.5 You warrant that you shall ensure that all documentation and information required by the Lease Company to process the Order shall be completed no later than 7 Business Days from receipt of the same. Failure to comply with this provision will lead to delayed delivery.
9.6 Any information displayed on our Site regarding leasing or financing options is based on information from the Lease Company or other payment provider and is for assistance only and is not in any way a substitute for advice required from the Lease Company itself or legal advice (where applicable). We therefore do not accept any liability in respect of this information. By agreeing to their services, you are also bound by their Terms and Conditions in addition to the Terms and Conditions of our company

10. Risk And Title
10.1. Although title to Goods remains with the Company until paid for, they shall be at the Buyers risk from the time actual delivery and the Buyer shall insure them against loss and damage accordingly, and in the event of such loss or damage shall hold the proceeds of such insurance on trust for the Company. However, we shall retain title (ownership) of the Goods until such time as you have paid any monies due to us on any order.
10.2. The Buyer’s right to the possession of the Goods shall cease if:
10.2.1. The Buyer has not paid for the Goods in full by the expiry of any credit period given.
10.2.2. The Buyer is declared bankrupt or makes any proposal to The Buyer creditors for compensation or other voluntary arrangement; or
10.2.3. A receiver, liquidator or administrator is appointed in respect of the Buyers business. On cessation of the Buyers right to possession of the Goods in accordance with this clause, the Buyer shall at the Company’s request and at the Buyers own expense, make the Goods available to the Company and allow to repossess them. If the Buyer fails to do so forthwith, we shall be entitled at any time to enter the Buyers premises or the premises of any third party where the Goods are stored and repossess the Goods. Otherwise and for such purpose we and our servants and agents may forthwith enter upon any premises or land occupied or owned by you to remove

11. Price
11.1. The Company reserves the right to change the advertised price at any time
11.2. Unless otherwise stated all prices are for the cost of the goods alone ex works exclusive of VAT.
11.3. All prices quoted are based on the Company’s standard production drawings. The Buyer may request reasonable variations to the agreed specifications and drawing but such variations must be approved by the Company in writing, and any extra cost arising to the Company there from shall be charged in addition to the quoted price. Under no circumstances may the Buyer instruct the Company’s workmen to carry out variations without such consent. The company will not be liable for any damage of whatsoever nature arising from these instructions being ignored.
11.4. An extra charge above the price quoted will be made if the site where the equipment is to be installed is not ready, level, cleared, or easily accessible to normal transport on a ground floor site. It is the buyer’s sole responsibility to obtain all necessary permissions and consents for an installation which may be required by Law or by third parties.
11.5 Should the Company incur any extra cost due to lack of instructions, overtime working, abortive deliveries, suspension of the work, or delays caused by others, such extra cost will be added to the contract price and accordingly paid by the Buyer.
11.6 In addition to the prices stated herein the Buyer may be required to pay or reimburse the Company for any tax (except Income or Corporation tax) which may now or hereafter be imposed by any taxing authority in respect of the goods and services contracted for. In the event that the company shall be required to pay such tax, the Buyer shall reimburse the Company for such payment.
11.7 The cost for collection and disposal of obligatory electrical items as specified in the WEEE directive, is not included in the selling price. However upon request at the end of product life, collection and disposal can be arranged for a fee. When ordering like for like replacements, if disposal of the old unit(s) is required the product must be unplugged/disconnected from power supply, empty and in a reasonable state for transportation, Items(s) must be ready for collection at time of ordering replacement(s).

12. Terms Of Payment
12.1 All sums become due and payable under these Terms and Conditions Thirty (30) days from date of invoice to approved account holders only. To non-account holders, goods will only be released on receiving cleared funds.
12.2 No payment shall be deemed to have been received, until the Company has received cleared funds.
12.3 All payments shall be due without any deduction whether by way of set off counter claim, discount, abatement or otherwise unless the buyer has a valid court order requiring an amount equal to such deduction.
12.4 Time for payment shall be of the essence.
12.5 The Company reserves the right to charge interest at four percent (4%) per annum above the Base Lending Net West PLC on all overdue accounts, such interest being deemed to accrue on a day to day basis from the due date for payment under Clause 12, whether before or after any judgment, together with all direct expenses incurred in attempting to collect amounts outstanding. The company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended)..
12.6 Credit Facilities may be revoked at the absolute discretion of the Company, all outstanding balances will be payable immediately.
12.7 Payment will not be effected until clearance of cheque or bill of exchange.
12.8. All unpaid cheques returned by the bank will have an Administration fee of £25.00 levied to the account.
12.9 Full, legal and beneficial ownership shall not pass to The Buyer until The Company has received cleared funds for all monies due.
12.10 Until such time that the full ownership passes to The buyer, goods should be identified as the property of The Company, be stored separately from goods owned by The Buyer, and must be properly stored, protected and insured.
12.11 The company serves the right at any time at its discretion to demand security for payment before continuing with or delivery of any order.

13. Warranties
13.1 The warranties referred to shall not apply to the goods where the goods are exported to or installed in countries outside the United Kingdom. The warranty applies to U.K. Mainland only. It does not apply to goods that have not been paid for in full.
13.2 Goods supplied by the Company are guaranteed in accordance with the terms of the manufacturer’s warranty provided unless otherwise stated on the buyers invoice.
13.3 Warranties will not apply to wear and tear, or if a product has been damaged, misused, or altered in any way, or if the goods have been disassembled, partly used or the seals or labels have been removed or tampered with. Warranties exclude perishable parts such as door seals, light bulbs and non-mechanical electrical parts including handles, feet & hinges are excluded from the warranty. The warranties will not include goods that have been damaged by fire, water or smoke, or have exceeded their warranty period, or are sterile and or/disposable. This also applies where a machine has not been properly maintained, including cleaning and de-scaling where applicable.
13.4 Any defect or suspected defect must be notified to the Company in writing within 14 days of receipt of delivery.
13.5 The warranty does not apply to grade B products or second hand products supplied hereunder or to damage to any part caused by overloading, abuse, misuse, tampering, neglect or accident or putting to use other than normally recommended by the Company.
13.6 Warranties exclude the loss of food or contents of the equipment and or any claim in excess of the contract price or to any damage caused by the buyer’s failure to notify the Company of a defect.
Or if the defect arises because the Buyer failed to follow the Company’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or the Buyer alters or repairs such Goods without the written consent of the Company.
13.7. This warranty is in lieu of all other warranties expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, and in no event shall the Company be liable for consequential loss or special damage.
13.8 The Company warranties as follows:
13.8.1 1 Year Part Replacement Warranty The warranty is limited to the free replacement of spare parts only. Excludes the payment of removal or installation charges of warranted parts. Defective parts must be returned to the company by the buyer and at their own cost within 14 days from the supply of a new replacement part. Failure to return any defective parts within the time limit will result in the company issuing the full charge of the part sent. The company at any time may ask for a deposit prior to dispatch of the new parts.
13.8.2 Back To Base Warranty where the warranty on certain goods requires the item to be delivered to the workshops for repair, the arrangement and cost of which is the responsibility of the buyer. It is advisable on returning the goods that they are sent recorded delivery. The company will not take responsibility of any damage or loss during transit. Machines returned for repair in warranty where it is found that the machine has been abused, or has not been used as it was designed, will be charged to the buyer.
13.8.3 Parts & Labour Warranty Where “a parts & labour “warranty is given, the goods are repaired by a qualified person appointed or agreed by the company and the buyer and the cost of such repairs is agreed beforehand by the company in writing. All warranty call outs from the buyer are accepted on the basis that they are valid and covered by the manufactures warranty. Any charges levied in respect of abortive visits or for work deemed by the manufactures not to be valid under the terms of the manufactures warranty shall be recharged, including all charges due to incorrect installation (where installation was not provided by the company). Such charges will be invoiced to the buyer to whom the company supplied and invoiced the equipment concerned. Warranty claims only cover defects caused by faulty manufacturer, materials or workmanship. It does not cover defects caused by unsuitable storage conditions or processing, abnormal use, misuse or neglect or installation by unauthorised or unqualified personnel. The company shall be under no liability whatsoever to the buyer or any indirect loss and/or expense (including loss of profit, revenue, business, goodwill) suffered by the company howsoever arising whether by act or defect of the company or otherwise. All warranties and conditions whether implied by statue or otherwise are excluded from this contract to the extent permitted by law provided that nothing in this contract shall restrict or exclude liability for death or personnel injury caused by the negligence of the seller. No liability of any kind is accepted for any oral representation of any kind by the company or its personnel. A qualified engineer must install all equipment and proof of invoice may be required to validate any warranty claims
13.9 Any Goods replaced will belong to the Company and any repaired or replacement Goods will be guaranteed on these terms for the unexpired portion of the warranty term.
13.10 The manufacture warranty will commence of the date of the buyers invoice.
13.11 In the event of a warranty call out, we reserve the right to hold a deposit until the fault or error has been diagnosed. On receipt of the engineer’s report being received by us, all of the deposit will be returned unless it is found to be a non-warranty issue in which case the remaining balance after charges will be returned.
13.12 Any other condition, warranty, representation or undertaking of the company as to the quality of the goods or their fitness or suitability for any purpose which may implied by statute , custom of the trade or suitability for any purpose which may be implied by statute, custom of the trade or otherwise is excluded and the provisions of sections 13 to 15 of the sale of goods act 1979 shall not apply to the contract expect where the buyer deals as a consumer within the meaning of section 12 Unfair Contract Terms Act 1977.

14. Limitation Of Liability
14.1. Subject to clause 4, clause 7 and clause 13, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
14.1.1. any breach of these Conditions;
14.1.2. any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
14.1.3. any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
14.2. Nothing in these Conditions shall impose on the Company any liability in respect of any representation, suggestion or comment with regard to the Goods made by the Company, its employees or agents in the course of any negotiations between the Company and the Buyer (including but not limited to any performance figures given by the Company) leading to the making of the Contract unless in the case of any such representation the Company has expressly agreed in writing that it shall be a term of the Contract. Nothing in this Condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.
14.3. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 14 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
14.4. Nothing in these Conditions excludes or limits the liability of the Company:
14.4.1. for death or personal injury caused by the Company’s negligence; or
14.4.2. under section 2(3), Consumer Protection Act 1987; or
14.4.3. for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
14.4.4. for fraud or fraudulent misrepresentation.
14.5. Subject to Condition 14.3 and Condition 14.4:
14.5.1. the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
145.2. the Company shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill, loss of opportunity, loss of data, loss of use, loss of contracts, loss of expected savings or interruption to the Buyer’s business, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract

15. Force Majeur
15.1 Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors, computer system failures and computer virus attacks.
15.2 We shall not be responsible for affixing any warning notices to the Goods or their packaging. This shall be your responsibility and you are deemed to have full knowledge of the Goods in relation to safety and otherwise.
15.3 You are responsible for awareness of all relevant guidelines and regulations relating to health and safety within the workplace.
15.4 We shall therefore not be liable for your failure to comply with Terms 15.2 and 15.3 and you agree to indemnify us against all losses and costs arising from such failure.
15.6 The installation of the Goods requires a qualified person. We will not accept any actual or consequential claim or liability arising from incorrect installation and fitting of the Goods. We make no warranty as to the suitability of any packaging should you wish to re-sell the Goods. It is your responsibility to take such steps as are necessary to ensure that appropriate information relevant to the Goods is made available to any person to whom you supply the Goods to.

16. General

16.1 The buyer is responsible for deciding on the suitability of goods and for the consequences arising from any work. The Company undertakes on the goods at the buyer’s request.
16.2 As a result of continuing product development and improvement, the specification or design of goods may vary from that shown.
16.3. Telephone calls may be recorded and used for training and/or monitoring purposes. All errors and omissions excepted. All trademarks acknowledged.
16.4. In addition to the rights and remedies of the Company expressed herein, the Company shall have the rights and remedies conferred by law, and shall not be required to proceed with the agreement it the Buyer is in default in the performance of this, or any other agreement with the Company.
16.5. The Company reserves the right to sub-contract any order or part of an order.
16.6. Any clerical errors or omissions contained by the Company’s quotation, acknowledgement or invoice shall be rectified by the Company on discovery and immediately notified to the buyer, such errors or omissions shall be binding on the Company and the rectification thereof shall not invalidate the contract.
16.7 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
16.8. If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect
16.9. Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
16.10. Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
16.11. The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
16.12. The formation, existence, construction, performance, validity and all aspects of the Contract, shall be governed by English Law and the parties submit to the exclusive jurisdiction of the English Courts.

17. UK WEEE Regulations
17.1 We sell our goods either retaining the Producer’s obligations under the UK WEEE Regulations or with the buyer taking on those responsibilities. In either case the byer must clearly state which of these options they require, and this must be documented. We will confirm this option on its order acceptance documentation. The buyer must agree to disclose this agreement to any subsequent purchaser(s) of this equipment, as required by the regulations.
17.2 The buyer agrees to absolve us from the obligations under the UK WEEE Regulations which may require the company to be responsible for financing the collection, treatment, recovery and environmentally sound disposal of any product supplied before 13th August 2005, where a similar new product is being purchased. We will undertake the collection, treatment, recovery and environmentally sound disposal of any product supplied before 13th August 2005 (or outside the scope of the WEEE regulations) subject to payment of our current disposal fees.

18. Communications

18.1. Any dispute arising out of the contract, including the construction or interpretation of its provisions, shall be settled by a single arbitrator appointed by agreed parties or failing such agreement by the president of the law society of England and Wales, at the request of either party. This shall be deemed to be a submission to arbitration within the meaning of the arbitration act 1950, or any statutory re-enactment or replacement thereof
18.2 The Buyer can request and authorise the Company to rely and act upon all apparently valid communications as instructions properly authorised by the Buyer even if they may conflict with any other instructions given at any time concerning contracts, services and all other requirements.
18.3 We may monitor, record, store and use any telephone, email or other communication with you in order to check any instructions given to us, for training purposes, for crime prevention and to improve the quality of our customer service.