Terms and conditions of sale; conditions for the provision of services; terms and conditions of our website
1. Definitions
1. In these Conditions ("The Conditions")
"STC" means Simplex-Turbulo Company Limited
"the Buyer" means the party who has placed the Order with STC
"the Order" means the Buyer's instructions to STC to supply the Goods
"the Goods" means the goods or articles the subject of the Order
"the confirmation of Order" means the written confirmation by STC
of the Order
"the price" means the price for the goods (exclusive of Value Added
Tax) specified in the confirmation of Order
"the Contract" means the contract for the sale of goods made between
STC and the Buyer incorporating the Conditions.
2. Acceptance
of Order
2.1 A confirmation of Order shall be in writing.
2.2 An Order is accepted by STC exclusively upon these conditions and no other
conditions, terms, provisions or other representations whatever whether referred
to in negotiations or set out in the Order or otherwise shall be incorporated
into the Contract unless the Buyer and STC expressly so agree in written memorandum
which shall refer to the Contract and be annexed to the Confirmation of Order.
3. Price
The price(s) payable for the Goods shall be STC's prices ruling at the date
of despatch so that STC shall have the right at any time before delivery to
revise quoted prices set out in the Confirmation of Order or otherwise.
4. Delivery
4.1 Any delivery date specified in the Confirmation of Order or otherwise shall
be deemed an estimate only, and STC shall not be liable for failure to deliver
in accordance with that date nor for any loss, damage or expense whatsoever
however caused or arising out of any loss or delay in delivery.
4.2 The Buyer shall not be entitled to refuse to accept the Goods because of
late delivery.
4.3 Unless otherwise agreed between STC and the Buyer and stated accordingly
in the Confirmation of Order, delivery shall be Ex Works (as defined in Incoterms
2000) at the premises of STC's supplier unless the Goods are supplied from STC's
stock in which case delivery shall be Ex Works at STC's premises.
4.4 Where delivery is made by instalments, each such instalment shall be deemed
to the subject of a separate Contract.
5. Payment
5.1 The mode of payment of the price, and a note of any advance payment received
or required by STC may be stated on the Confirmation of Order and unless so
stated the price shall be paid in full by the Buyer no later than thirty (30)
days from the date of STC's invoice. The currency of payment shall be the currency
of the Contract or (at the election of the Buyer) some other currency, provided
that it is freely convertible into the currency of the Contract and is to be
converted at the rate prevailing of the London Foreign Exchange Market at the
time when such payment is received by STC, and it includes in full any bank
or exchange charges levied against STC as a result of such conversion.
5.2 Where any advance payment is required by STC the Contract shall be conditional
upon its receipt by STC.
5.3 Time for payment as stipulated in the Confirmation of Order shall be the
essence of the Contract. In the case of Goods sold or delivered by instalments,
each instalment shall be paid for separately.
5.4 Where payment is to be made by bill(s) or exchange or cheque(s) payment
shall be deemed not to have been made until the said bill(s) or cheque(s) are
honoured by the Buyer.
5.5 Where full payment has not been received by STC on the due date STC shall
(without prejudice to its rights under the Contract or otherwise) be entitled
to charge interest on the amount outstanding at a rate per annum equal to 16
percent or 3 percent above HSBC Bank PLC's Base Lending Rate for the time being
in force (whichever is greater).
6. Passing
of Risk and Property in the Goods
6.1 The Goods shall from delivery be at risk of the Buyer PROVIDED THAT where
delivery is delayed at the request of the Buyer for more than one month, STC
shall be entitled to place the Goods in store at the Buyer's risk and expense.
6.2 The property in the Goods shall not pass to the Buyer whether or not the
Buyer has taken delivery of the Goods or any part thereof until the Buyer shall
have paid to STC the whole of all sums due to STC hereunder and the Buyer shall
not without prior written consent of STC sell, assign, pledge, mortgage, charge,
let, part with possession, or otherwise dispose of the Goods or any part thereof
until the property in them has passed to the Buyer.
6.3 The Buyer shall so long as it is possible so to do make such arrangements
for the storage and identification of the goods as to ensure that they are identifiable
as the property of STC.
7. Specifications
7.1 All data containing specifications of weights, dimensions, quantities and
the like which are contained in STC's catalogue or other literature are hereby
declared to be approximate only as are also all weights and dimensions of shipments.
7.2 While STC has taken care to ensure the accuracy of any information data
or advice included in any catalogue or other literature furnished to the Buyer,
STC accepts no liability in respect of such information, data or advice, whether
given negligently or not, or for the use if Goods in any particular way suggested
thereby, and the Buyer shall at the time the Contract is made be deemed to have
carried out its own investigations and tests of the Goods.
7.3 Notwithstanding the provisions of clause 17 STC reserves the right upon
giving notice of its intention to the Buyer to make modifications to the Goods
at any time before delivery provided that upon receiving such notice the Buyer
shall (if the said modifications are material) be entitled to elect to terminate
the Contract.
7.4 Subject to the foregoing the Buyer shall inspect the Goods immediately upon
arrival at its premises and shall within fourteen days of their arrival notify
STC of any damage, shortage, loss or other particulars by reason of which it
alleges that the Goods supplied do not conform with the Contract. If no such
notice is received the Goods shall be deemed to have been supplied in accordance
with the Contract and to have been accepted by the Buyer.
7.5 Where the Buyer gives notice to STC by virtue of sub-clause 7.4 it shall
preserve the Goods intact and as delivered for a period of fourteen days after
receipt by STC of the notification, during which period STC its agents or servants
shall be at liberty to attend the Buyer's premises to investigate the complaint.
7.6 If the Buyer fails to comply with either of sub-conditions 7.4 or 7.5 it
shall be deemed to have waived all or any claim actions or rights or remedies
it may have in respect of the non-conformity of the Goods to the Contract.
7.7 If upon inspection by STC, the Goods are found to be damaged, short or otherwise
not in conformity with the Contract, STC shall in its absolute discretion at
its own expense replace or otherwise make good the same.
7.8 Damage, shortage, loss or other non-conformity with the Contract which is
present only in a proportion of the Goods or (where delivery is made by instalments)
in some only of the instalments shall entitle the Buyer to the remedies given
by this Condition only in respect of that proportion or instalment.
7.9 Notwithstanding the provisions of this Clause, STC shall have no liability
to the Buyer pursuant to sub-clause 7.7 to the extent that the said damage,
storage or loss occurred after risk in the Goods passed to the Buyer.
8. Seller's
Guarantee
8.1 In consideration of the Guarantee given by STC as set out below the Buyer
expressly agrees that:
(i) The said Guarantee is given by STC in lieu of and to the entire exclusion
of every condition or warranty whether statutory or otherwise whatsoever, except
to the extent that the statue prohibits such exclusion.
(ii) The liability of STC howsoever arising is limited to exchange or repair
(at STC's discretion) of any part or parts of Goods to extent of and no further
than as set out in the said Guarantee.
(iii) STC is released from any other form of liability including consequential
loss or damage caused or arising by reason on the goods not being of the type
or quality ordered or by reason of the Goods being delayed or be reason of any
other matter whatsoever.
GUARANTEE
For a period of 6 (six) months from the date on which the Goods are delivered
to the Buyer STC will exchange or repair (at STC's discretion) any part or parts
thereof requiring replacement or repair by reason of faulty design, workmanship
or material, save that:
(a) STC will not be responsible for
any expenses which the Buyer and/or User may incur in removing or having removed
or replacing any part or parts of the Goods sent for inspection or fitting or
having fitted any replacement or new parts supplied in lieu thereof.
(b) No claim for exchange or repair can be considered unless the defective part
or parts are returned at sole cost of the Buyer carriage paid to STC's works
together with the following information:
(i) The Seller's reference on the Goods from which the part or parts were taken.
(ii) The defects claimed and the reasons for them.
(iii) The date of purchase and the source from which the Goods were purchased.
(c) This Guarantee does not extend to any defect which in the opinion of STC
(which opinion shall be final) was attribute to:
(i) Any form whatsoever of improper use.
(ii) Wear and tear.
(iii) Non-compliance with any instructions issued by STC.
(iv) Incorrect fitment howsoever caused.
(v) Neglect of others.
(vi) Abnormal corrosive or abrasive conditions.
(vii) Any alternation or modification having been made to the Goods or any parts
thereof or any connected parts without the express approval of STC given in
writing.
9. Buyer's
Undertakings
The Buyer accepts full liability for and shall at all times indemnity STC against
all actions claims demands costs charges and expenses whatsoever arising out
if any loss or damage due to any person firm company or property by reason of
STC having relied on any data, documents, drawings gauges, samples, models or
the like supplied to STC by or at the instigation of the Buyer in connection
with the performance of the Contract.
10. Health
and Safety at Work etc. Act 1974
The Buyer hereby undertakes to take all steps sufficient to ensure, so far as
is reasonably practicable, that the Goods will be safe and without risks to
health by properly using and handling them in accordance with the recommendations
of STC.
11. Termination
of the Contract by STC
11.1 STC may terminate the Contract forthwith by written notice to the Buyer
upon the happening of any of the following events:
(i) Where full payment in respect of the Goods or any instalment of the Goods
has not been received by STC by the date specified as the date for payment
(ii) Where the Buyer has failed to provide any Commercial Credit, Bill Exchange,
or other security required by the Contract.
(iii) Where the Buyer being an individual, commits any act of bankruptcy, or,
being a corporation, goes into liquidation or has a receiver appointed of all
or any of its assets by virtue of Section 518 of the Companies Act 1985 is deemed
unable to pay its debts.
(iv) Where the Buyer is in breach of any of these Conditions.
11.2 The granting by STC to the Buyer of time or any other indulgence forbearance
or concession shall in no way prejudice or constitute a waiver of STC's entitlement
to enforce any of its rights under the Contract expect and to the extent that
it shall either constitute a variation of these conditions which has been made
in accordance with clause 17.
11.3 If STC terminates the Contract in accordance with this Clause, then, without
prejudice to any other rights STC may have, it shall be entitled to retain any
advance payment made by the Buyer.
12. Cancellation
by the Buyer
The Contract may be cancelled by the Buyer only with STC's written consent,
which shall be given or withheld at the sole discretion of STC and upon such
terms as STC may deem fit.
13. Force
Majeure
In the event of:
riots, civil disturbance, strikes, lock-outs, industrial disputes, fire, floods,
heat, frost, storm or other intemperate weather, Act of God, Act of Queen's
enemies or war (whether declared or not) or other hostilities carried on by
any parties whatsoever, restraints or rulers if peoples including interferences
by departments of governments in the United Kingdom or abroad, perils of the
sea, breakdown in machinery, shortages of raw material or fuel or labour, shortages
or breakdown of shipping or other means of transport, failure or delay by customary
suppliers or sub-contractors of STC (whether their involvement in STC's performance
of the Contract is known to the Buyer or not) to provide materials required
in the production of the Goods or any other unforeseen or exceptional circumstances
whatsoever affecting or hindering the performance of the Contract by STC - STC
may in its discretion either:
(i) terminate the Contract and return any advance payment made in respect thereof
of the Buyer; or
(ii) delay delivery for such period or periods as it shall consider necessary
(in which case the provisions of sub-clause 4.1 and 4.2 shall apply) and in
either case the Buyer shall have no claims whatsoever howsoever arising against
STC in respect of such termination if delay.
14. Confidentiality
14.1 Any drawings or technical documents intended for use in the manufacture
or construction of the Goods and submitted to the Buyer prior or subsequent
to the formation of the Contract remain STC's exclusive property. Such drawings
or technical documents may not without STC's consent be utilised by the Buyer
or copied, reproduced, transmitted or communicated to a third party. The said
drawings and documents shall become property of the Buyer only if it is expressly
so agreed in writing by STC.
14.2 In the event that an Order or Contract is not proceeded with for any reason
whatever, each party shall upon demand return to the other all such material
as is referred to in the preceding sub-clause and undertake to destroy any copies
thereof which may have been made by it.
15. Assignment
The Contract is personal to the Buyer, which shall not assign or charge the
benefit thereof in any manner whatsoever without STC's express written consent.
16. Law
The Contract shall in all respects be constructed and operate in accordance
with English law, and the Buyer hereby submits to the non-exclusive jurisdiction
of the English courts.
17. Variation
Except as provided in clause 7.3 hereof after formation of the Contract any
alterations amplifications modifications limitations or additions thereto must
be agreed by the parties, made in writing, refer to the Contract, and be annexed
to the Confirmation of Order.
18. Notices
18.1 Notices shall be made in writing and posted in a first-class pre-paid envelope
to the Buyer's or Seller's address as shown respectively on the Order and Confirmation
of Order or failing those to the address at which one party reasonably believes
the other to be carrying on business.
18.2 A notice shall be deemed to have been given forty-eight hours after posting
(or ninety-six hours after posting where the notice is sent from and/or addressed
to an address outside the United Kingdom)
19. Construction
The clause headings hereto shall not affect the construction of these Conditions.
1.
Definitions
In these conditions ("the conditions")
(a) "STS" means Simplex-Turbulo Services Limited and (where appropriate)
its officers, employees and agents
(b) "the Customer" is the person, firm or company ordering the Services
from STS
(c) "the Services" are all and any of the services including (without
limitation) assembly, fitting and repair installation to be provided by STS
(d) "the Order" means the Customer's instructions to STS to provide
the Services
(e) "the Confirmation of Order" means the written confirmation by
STS of the Order
(f) "the Contract" means the contract for the provision of the Services
made between STS and the Customer incorporating the Conditions.
2. Acceptance
of Order
(a) A Confirmation of Order shall be in writing
(b) An Order is accepted by STS exclusively upon these Conditions and no other
conditions, terms, provisions or other representations whatever whether referred
to in negotiations or set out in the Order or otherwise shall be incorporated
into the Contract unless the Customer and STS expressly so agree in a written
memorandum which shall refer to the Contract and be annexed to the Confirmation
of Order
3. Travelling
Expenses
The Customer shall reimburse STS in respect of all travelling and transport
costs (including but not limited the cost of insurance and costs of carriage
of personal luggage and tools) incurred by STS its employees or agents in connection
with the provision of the Services.
4. Prices
(a) The price(s) payable for the Services shall be calculated in accordance
with STS's current man/hour rates unless a fixed rate or sum has been agreed.
(b) If by reason of any law, governmental order or regulation the price and/or
terms of payment hereunder or any increase change or variation thereto or the
right of STS to require or receive any such payment shall be altered, prohibited
or hindered in any way STS may forthwith thereupon terminate the Contract by
notice to the Customer.
(c) All prices are exclusive of VAT which shall be added at the rate of force
at the appropriate time. The Customer shall be liable to pay (or if paid by
STS shall reimburse STS in respect of) all taxes, duties and fees payable in
connection with the supply of the Services hereunder.
5. Payment
(a) The price, including, where applicable, travelling and carriage charges
and any disbursements by STS personnel shall be paid on the due date which (in
the absence of any agreement to the contrary) is 14 days from the date of STS's
invoice.
(b) The Customer shall in no circumstances be entitled to make any deduction
from the price payable by way of set-off or otherwise in respect of any claim
or counterclaim which it may have against STS.
(c) If the Customer shall default in payment of the price on the due date without
prejudice to any other of STS's rights interest shall accrue thereafter from
day to day (as well before as after judgement) on any sums outstanding until
payment is made at an annual rate of 16% or 3% above the HSBC Bank PLC base
lending rate for the time being in force (whichever is greater).
(d) If the Customer shall at any time default in payment of the price on the
due date or if the Customer's credit standing is at any time in the opinion
of STS impaired for any other reason STS shall in addition and without prejudice
to any other of its rights, have the right:-
(i) to demand forthwith payment for all services provided to the Customer whether
or not any such payment is due; and/or
(ii) to supply services on a cash-in-advance basis or require the Customer to
provide security for future payments satisfactory of STS.
6. Hours
of Work
(a) STS's shall attempt (so far as possible) to comply with any normal hours
or work established by the Customer.
(b) The Customer shall certify on STS's standard from the hours actually worked
by STS's personnel as well as the work carried out by them.
(c) Reasonable travelling time (as well as the time spent performing the Services)
will be charged to the Customer as if such time was expanded performing the
Services.
(d) Waiting time, time expanded searching for accommodation and time expanded
reporting to any relevant authorities shall also be charged as working time,
in so far as working time is lost thereby.
7. Safety
Regulations
(a) STS's employees and agents are instructed to comply with any safety regulations
in force.
(b) The Customer shall take all necessary measures for the protection of persons
and property at the place where the Services are to be performed. The Customer
shall fully inform STS in advance of all existing safety regulations and shall
notify STS of any and all breaches of such regulations by its employees or agents.
In the case of serious breaches the Customer can (if STS agrees) refuse the
relevant person(s) admittance to the place for performance of the Services.
8. Technical
Assistance
(a) The Customer shall provide technical assistance at its own cost and in particular
(without limitation) shall:
(i) provide all necessary suitable assistants including (without limitation)
carpenters, fitters, staging builders and such other skilled workers and assistances
as maybe required for the provision of Services for the duration of the Services.
Such assistants shall comply with all reasonable instructions of STS. Any loss
or damage whatsoever caused either directly or indirectly by such assistants
shall be the sole responsibility of the Customer and STS accepts no such liability
whatsoever howsoever arising from any damage loss or injury caused by such assistants
howsoever arising;
(ii) Undertake staging work including the procurement of the necessary construction
materials;
(iii) provide, according to STS's specification, a suitable working platform
or pontoon, as the case may be, for outboard work. A motor boat shall remain
in constant readiness in the immediate vicinity of the place of work;
(iv) provide all necessary heavy appliances and equipment and tools (for example
lifting appliances), as well as the necessary requisite materials (for example
word or scaffolding for staging, sealing materials and lubricants);
(v) provide heating, lighting, power current and compressed air, including all
necessary connections;
(vi) provide rooms needed for the safekeeping of tools. Such rooms shall be
dry and capable of being locked;
(vii) transport to the place of work articles required for the Services that
have been delivered in advance. The Customer shall protect such articles required
for the Services against injurious influences of all kinds and clean the articles
required for the work;
(viii) provide suitable safe and
thief proof rest rooms (with heating, lighting, washing facilities and sanitary
equipment
(ix) provide such materials and take all other actions that are necessary for
the adjustment of the object of supply and for the carrying out of a test as
provided for in the contract.
(b) The technical assistance shall also be such as to ensure that the Services
can be commenced immediately after STS's arrival. So far as special drawings
or instructions are required from STS, STS shall use its reasonable endeavours
to make these available to the Customer in good time.
(c) If the Customer fails to fulfil its obligations under this Condition, STS
shall have the right to carry out such obligations at the Customer's cost.
9. Extent
of Services
STS shall advise the Customer of the extent of the Services. It is agreed that
STS shall be entitled to rely on the opinion of a classification society or
of its authorised representative. The Customer shall, however, itself make the
decision on the extent and practicality of the Services and to that extent assume
the risk for such decision.
10. Time
Limit for provisions of the Services
All statements on any time limit for provision of the Services are approximately
only. STS shall be under no liability for any loss, injury, damage or expense
whatsoever consequent upon any delay from whatever cause including (without
limitation) STS's negligence. Delay shall not entitle the Customer to cancel
the Contract.
11. Inspection
and Rejection
The Customer shall inspect the work effected by the Services as soon as the
Customer receives notice that the Services have been completed and that any
test which may have been specified in the Contract has been carried out. Such
inspection shall be deemed to constitute acceptance by the Customer unless the
Customer notifies STS of any defect within seven days of the date of receipt
by the Customer of notice that the Services have been completed.
12. Force
Majeure
STS shall not be liable to the Buyer for any loss or damage which may be suffered
by the Customer as a direct or indirect result of the supply of the Services
by STS being directly or indirectly prevented, hindered or delayed by reason
of any circumstances outside the control of STS and affecting the provision
of all or any part of the Services by STS's normal means, or other circumstances
whatsoever, including (without limitation) any act of God, war, riot, strike,
lock-out, trade dispute or labour disturbance, accident, breakdown of plant
or machinery, failure or shortage of power supplies, fire, flood, drought, explosion,
difficulty in obtaining workmen, materials or transport, refusal of any license
or permit or any other sanction or request of any Government or government authority.
In the event of any such circumstances STS shall have the option (exercisable
by notice to the Customer) to terminate the Contract (whereupon both STS and
the Customer shall be relieved of all liability under the Contract) in all cases
without incurring any liability for any loss or damage suffered by the Buyer
as a result.
13. Termination
If the Customer shall fail to make any payment when it becomes due, or shall
default in the due performance or observance of any other obligation under the
Contract, or shall enter into any composition or arrangement with creditors,
or shall pass a resolution or the Court shall make an order that the Customer
shall be wound up (otherwise than for the purpose of amalgamation or reconstruction),
or if a receiver shall be appointed over any of its assets or undertakings,
or (being a natural person) if a receiving order is made against him or he shall
be adjudged bankrupt or if the Customer shall take or suffer any similar action
in consequence of debt, STS may cancel further provision of Services and by
notice in writing to the Customer may forth with determine the Contract, without
prejudice to its rights under the Contract and otherwise at law.
14. Warranty,
Liability and Indemnity
(a) STS warrants that it will exercise reasonable skill and care in executing
the Services. If the Services do not conform with the warranty STS shall take
such steps as it deems necessary to rectify any defect
PROVIDED THAT
STS's liability shall in no event exceed the lesser of £5,000 or the price(s)
payable or paid by the Customer for the Services and performance of the above
option (as limited by this provision)shall constitute an entire discharge of
STS's liability under the Warranty.
(b) The forgoing warranty is conditional upon:-
(i) STS receiving from the Customer within seven (7) days of discovery full
details of any defect or deficiency, but in any case within 3 months following
completion of the service;
(ii) the Customer affording STS reasonable opportunity to make its own inspection;
(iii) the Customer complying with any instructions or recommendations of STS.
(c) If it is found in STS's sole judgement that the alleged defect is not covered
by the terms of the foregoing warranty or if the warranty claim is made outside
of the relevant warranty period the Customer shall pay all cost of repair at
STS's then current rates and all transportation costs from STS's premises to
the Customer's premises.
(d) Save as provided in Condition 14(a) STS shall have no liability to the Customer
(except in respect of death or personal injury resulting from negligence) in
respect of any deficiency in the Service or other breach of contract of whatsoever
nature or other default or negligence on the part of STS its employees sub-contractors
or agents and all conditions warranties or other terms, whether expressed or
implied, statutory or otherwise, in relation to the Services, their standard
and fitness for any purpose are hereby excluded. Without limiting the foregoing:-
(i) STS shall not be liable in respect of any loss or damage whatsoever arising
from the claim of any person, firm or company against the Customer nor for any
loss of profits, loss of business, economic loss or other consequential loss
or damage suffered by the Customer
(ii) all recommendations and advice given by or on behalf of STS are given without
liability on the part of STS
(iii) all drawings, photographs, illustrations, specifications, performance
data, dimensions, weights and the like, contained in any literature or other
material supplied by STS under or in connection with the Contract or otherwise
communicated to the Customer are provided or made by STS in the belief that
they are as accurate as reasonably possible but they shall not be taken as representation
by STS nor are they warranted to be accurate
(e) The Customer shall indemnify STS in respect of any loss or damage whatsoever
arising from the claim of any person against STS in relation to the Services.
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1. Introduction
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4.4 The company will fully cooperate with any government body, law enforcement agency or court of law which may order instruct or direct the company to disclose the identity or locate anyone posting any material in breach of paragraphs 4.2 or 4.3.
5. Links to other web sites
5.1 Any links to third party websites on this website are porvided solely for your convenience. The company does not control and is not responsible for the content or availability of such third party websites. The company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you use these links, you leave this website. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk. The company shall not be liable for any loss or damage arising from your use of or reliance on the contents of the third party websites.
5.2 If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and that you warrant that you:
5.2.1 do not remove, distort, amend or otherwise alter the size or appearance of the company's logo
5.2.2 do not create a frame or any other browser or border environment around this website.
5.2.3 do not in any way imply that the company is endorsing any third party products or services other than its own
5.2.4 do not misrepresent your relationship with the company nor make any misrepresentation or false statements about the company
5.2 5 do not otherwise use any of the company's trade marks displayed on this website without express permission from the company
5.2.6 do not link from a website that is not owned by you
5.2.7 ensure that your website does not contain content that is obscene, offensive or controversial, infringes any intellectual property rights or any other third party rights or which otherwise fails to comply with any laws and regulations applicable to websites.
5.3 The company expressly reserves the right to terminate the licence granted to you for failure to comply with your obligations in this clause
5.4 You shall fully indemnify the company for any loss, damage, fees or other expenses suffered by the company or any of its group of companies as a result of your failure to comply with your obligations.
6. Site registration
6.1 Each registration is for a single user only and the company does not permit multiple users on a network
6.2 The company accepts no liability for any loss or damage caused to you and/or any third party by your failure to keep your password secure.
7. Disclaimer
7.1 The company may alter products, services and prices described in the website at any time without notice. The company does not warrant the accuracy of the material on this website nor is the company obliged to keep all material on this website up-to-date.
7.2 The material on this website is provided "as is" without any conditions, warranties, or other terms of any kind. Accordingly, to the maximum extent permitted by law, the company provides you with this website on the basis that the company excludes all representation, warranties, conditions, and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which might otherwise have effect in relation to this website.
7.3 The company does not warrant that the functionality of this website will be free of any defect and/or virus.
7.4 The company; any other party (whether or not involved in creating, producing, maintaining, or delivering this website); or any of the company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from, or connected in any way to business interuption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way, or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website, or your downloading of any material from this website or any websites linked to this website. Nothing in these terms and conditions shall exclude or limit the company's liability for:
i. death or personal injury caused solely by the company's negligence
ii. fraud
iii. misrepresentation as to a fundamental matter
or
iv. any liability which cannot be excluded or limited under applicable law
7.5 If your use of material on this website results in the need for servicing, repair or correction of computer hardware, software, programs, or data, you assume all costs thereof. Furthermore, the company shall not be liable if your use of this website results in the need for repair or maintenance of computer hardware, software, programs or data.
8. Governing law and jurisdiction
These terms and conditions and privacy policy shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts.