Terms & Conditions
PLEASE NOTE THAT IF YOU ARE A CONSUMER THEN THE ‘CONSUMER TERMS AND CONDITIONS OF SALE’ WILL BE APPLICABLE TO YOU. IF YOU ARE A BUSINESS THEN THE ‘BOOGIE BOUNCE XTREME LIMITED BUSINESS TO BUSINESS TERMS AND CONDITIONS OF SALE’ WILL BE APPLICABLE TO YOU.
BOOGIE BOUNCE XTREME LIMITED – CONSUMER TERMS AND CONDITIONS OF SALE
Welcome to the Boogie Bounce Xtreme website, www.boogiebounce.com, home of Boogie Bounce Xtreme Programme where you can purchase equipment and clothing to accompany your fitness training.
All orders placed via consumers on our website will be governed by these terms and conditions. You should therefore read these terms carefully before you place your order as they explain your and our legal rights and also contain important information about our contract with you and how your order will be dealt with.
If you have any questions, please contact us before you place your order by calling 0121 354 1190 or by emailing us at [email protected].
- ABOUT US
- We are Boogie Bounce Xtreme Limited, a company registered in England and Wales.
- Our company number is 08951272 and our VAT number is 203470155.
- Our registered office address is Unit 43 Greendale Farm, Burton Road, Elford, Nr Tamworth B79 9DJ .
- You can also contact us by phone on 0121 354 1190 or by email at [email protected].
- ABOUT YOU
- Please make sure that the details that you provide to us about yourself are complete and accurate.
- Unless you tell us otherwise, we will assume that you are purchasing the products for your own use. If you are purchasing on behalf of someone else, please be aware that our agreement will still be with you and you will be responsible for complying with the obligations set out in these terms and conditions, including payment obligations.
- We sell products for personal use only. Unless we have agreed otherwise we do not make any promise that our products will be suitable for business use.
- If we need to contact you about your order, we will usually do this by email, using the email address associated with your account. We may also contact you by phone or by post, again using the details associated with your account.
- Before you place your order, please make sure that all of your details are correct. If any of your details change after you place your order you should let us know straight away so that we can continue to get in touch with you if we need to.
- PLACING AN ORDER
- All orders must be placed via the website. You can place an order by adding the product or products that you want to order to your basket, proceeding to the checkout and then following the on-screen process.
- Once you place an order, you will receive an automated email confirming receipt of your order. If you do not receive this within 24 hours of placing your order please check your spam folder. If you are still unable to locate the email please contact us by sending an email to [email protected] to check that we have received your order.
- Provided that we are able to accept your order (see paragraph 8.2 for more information about circumstances in which we cannot accept an order) we will dispatch the products as described in paragraph 6 and will send you an email to confirm this. Our email confirming dispatch constitutes acceptance of your order and will form a legally binding contract between us and you for the sale of the products, governed by these terms.
- Our products
- Before ordering a product, please read the description carefully to ensure that you understand all the key features of the product and that it meets your requirements. If you have any questions, let us know.
- We may display images of our products on the website. However, the way that these images will display on your screen will depend on the display settings of your device and therefore colours and other aspects of the products may look slightly different in real life to the way they look on-screen.
- Any product packaging shown is for illustration purposes only and the packaging of the product you receive may be different.
- Any warranty or guarantee provided with a product is in addition to and not in place of your rights under these terms and your other legal rights. See paragraph 9.3 for more information.
- Price and payment
- The price of our products (which includes VAT) is shown on the website, and the total price that you will pay will be shown during the order process.
- We take all reasonable care to ensure that the price of the products indicated to you is correct. If we identify an error before we accept your order then we may decline to accept your order as described in paragraph 2, in which case you will be entitled to submit a further order at the correct price.
- We accept payment by Visa, Mastercard, Maestro, Solo, Visa Debit and Visa Electron. We will take payment when we dispatch your order. If we are unable to take payment for any reason we will contact you and ask you to make payment by an alternative method. We will not be able to dispatch the products until cleared payment is received.
- We will deliver your product(s) to the delivery address that you have provided.
- We can currently only dispatch products to UK addresses.
- The delivery costs that you will have to pay will be shown during the order process. By placing an order, you are agreeing to pay these in addition to the price of the product(s).
- If we have the products in stock and we are able to accept your order, we will dispatch the products promptly following receipt of your order. The time period for delivery will be displayed during the order process. Where you order multiple products and only some are in stock we may wait until all products are in stock and then dispatch your order in full, or alternatively we may dispatch your order in instalments.
- If a product is out-of-stock we will dispatch your order promptly following the product coming back into stock.
- If your product is a pre-order, we will dispatch your product no later than the release date (provided that we have sufficient stock to do so).
- You must ensure that someone is at home on the delivery date to accept delivery. Our courier may leave the product with anybody at the address you have given us for delivery, provided that they are or appear to be at least 18 years of age.
- If you are aware that nobody is going to be at home you should provide alternative arrangements, for example a safe place where the products can be left or a neighbour who will accept delivery. In this case, our courier’s delivery of the products to the safe place or the neighbour’s address will complete our delivery obligations.
- The product becomes your property and responsibility from the point at which it is delivered to you (or to a safe place you have chosen for delivery or another person you have asked us to deliver it to instead of you).
- If we are unable to make delivery our courier will attempt to re-deliver on one occasion. If that re-delivery is unsuccessful then the products will be returned to our warehouse and you must contact us to arrange re-delivery (for which you may have to pay a reasonable additional fee) within 30 days. If you do not make arrangements for re-delivery within 30 days then we may cancel your order and end the contract.
- CANCELLATIONS / RETURNS
- Cancellation before dispatch
If you want to make any changes once you have placed your order but before your products have been dispatched (including cancelling your order or part of it) please let us know as soon as possible. We will try to make the change for you, but if the product is dispatched before we are able to make the change then you may need to return the product as described in paragraph 7.2.
If a refund is due, we will make the refund within 14 days using the same payment method you used to pay for the products.
7.2 Cancellation if you change your mind after dispatch
You have the right to cancel this contract within 14 days of receiving the products without giving any reason. To do so you must inform us by a clear statement (for example, a letter sent by post or an email). You can do so by completing the model cancellation form (accessible here) but you do not have to. You must send your cancellation request before the 14 day period expires.
When you cancel, you must return the products to us at Unit 43 Greendale Farm, Burton Road, Elford, Nr Tamworth B79 9DJ . You are responsible for the cost of return postage. Once we receive the products back from you, or evidence that you have returned them, we will refund you within 14 days, using the same payment method you used to pay for the products.
You will receive a full refund on the amount you paid for the products and for the delivery of the products to you unless:
- You have used the products in a way that goes beyond what would be necessary to generally examine them on receipt and check their features and functionality (in a way that is more than you would be allowed to examine the products in a shop), in which case we may make a reasonable deduction from the refund to take account of the loss in value of the products as a result of that use.
- You selected a premium postage option, in which case you will only receive reimbursement to the value of the products plus the basic delivery charge.
- 7.3 Cancellation if there is a problem with a product
If a product that you purchase is not of satisfactory quality, not fit for the purpose for which it would usually be used or a purpose that you told us you would be using it for before you placed your order or does not meet the description given on our website, you may reject the affected product within 30 days of receipt.
If you do not reject the product within 30 days, you may still reject it for up to six months after delivery provided that you first give us the chance to repair or replace the product (at your option) and we are unable to do so.
You may also be able to reject the product later than six months after it was delivered if you can prove that there was a problem present when it was delivered. Please see the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06 for more information (Citizens Advice is an independent organisation and we are not affiliated with them in any way).
Where you reject the product because of a problem, you must return it to us but we will reimburse your reasonable costs of doing so. If the return is within six months of receipt of the product you will be entitled to a full refund of the price of the product and the delivery charges. The refund may be lower if you reject the product later than this. The refund will be made within 14 days of us agreeing that you are entitled to it.
Please see paragraph 9.3 for more information on defective or incorrect products.
7.4 Cancellation for any other reason
Paragraphs 7.1 to 7.3 describe the cancellation rights that we offer and we will generally not be able to accept the cancellation of your order or the return of products other than in the circumstances described in those paragraphs. However, nothing in these terms is intended to override your ordinary legal rights and we will comply with our legal obligations to accept returns and issue refunds where otherwise required by law (for example product recalls).
- Our rights to REFUSE OR CANCEL YOUR ORDER
- Although we will normally be able to do so, we cannot guarantee to accept all orders placed via the website. You will receive an email confirming your order, but please be aware that this is generated automatically and does not mean that we have been able to accept your order. You should only consider your order to have been accepted once you receive an email confirming that your products have been dispatched.
- We may occasionally be unable to accept orders for various reasons, for example because a product is out of stock or there was an error in the advertised price or description. If this is the case, we will let you know and, where possible, we will discuss other options with you, for example alternative products that may be available or the option of purchasing the product at the correct price.
- We may also cancel your order after dispatch if we are unable to deliver the product to you and you fail to make arrangements for re-delivery within 30 days as described within paragraph 6.10. In this case we will give you a full refund within 14 days of the date on which we cancel your order.
9. QUERIES, PROBLEMS OR COMPLAINTS
If you have any queries about the website, your order or our products, please call 0121 354 1190 or by emailing us at [email protected] and we will do our best to help you.
- 9.2 Problems
We work hard to ensure that all of our customers are satisfied with the service and the products that they receive. In the unlikely event that you do experience a problem with your order, please let us know by calling 0121 354 1190 or by emailing us at [email protected].
- 9.3 Defective or wrong product supplied
We have a legal responsibility to supply products that are in conformance with our contract with you. Where there is a problem with a product you receive, please contact us using the details set out at paragraph 9.2 and we will discuss your options with you so that we can put things right, including repairing the defective product, replacing it or giving you a refund (see paragraph 7.3 for more information on rejecting the product).
We will check any products that are returned (either for a repair, replacement or refund) to verify the information that you have provided and identify the problem. If we are unable to identify any problem with the product, or we believe that the damage was caused by misuse, normal wear and tear or otherwise was not present when the product was delivered to you we reserve the right to refuse to accept the return and to return the product to you at your cost. If you disagree with this decision please see paragraphs 9.4 to 9.7 below.
- 9.4 Complaints
We take all complaints seriously. If we receive a complaint from you it will be reviewed by our customer care team who will respond to you within 28 days. If you are dissatisfied with this response you may request that your complaint be escalated, in which case it will be passed to a senior person in our business who will review your complaint and the initial response and provide a further response within 28 days of your request to escalate the matter.
- 9.5 Online Dispute Resolution service
If we are unable to resolve your complaint you may wish to submit a complaint via the Online Dispute Resolution service (see http://ec.europa.eu/odr). This is an independent portal provided by the European Union. We are not currently a member of any Alternative Dispute Resolution (ADR) schemes, but we will consider whether ADR is an appropriate method of resolving a dispute with you if we are unable to resolve it through our complaints procedure.
- 9.6 Guarantee for mini trampolines
Boogie Bounce Xtreme Limited Trampoline/Stability Handle Warranty
Boogie Bounce Xtreme Ltd warrants its trampoline/stability handle equipment to be free from defects in design, material and workmanship under normal use and service conditions. The various component parts of the trampoline and T Bar stability handle are warranted against defects as follows:
A. Steel frame. Twelve (12) months; B. Sewing on stitched jumping mat. Twelve (12) months; C. Frame pads and springs. Twelve (12) months. Note: Skirts are not included in the warranty.
A. All Steel sections and welds. Twelve (12) months: B. Securing knobs and locking pin. Twelve (12) months. Note: Foam grips are not included in the warranty.
This warranty only applies if the equipment has been used, maintained and stored in accordance with the user instructions and owner’s manual supplied with this equipment.
All warranty coverage extends only to the original purchaser and begins from the date of purchase. Boogie Bounce’s obligation under this warranty is limited to replacing or repairing the equipment, or refunding the price paid, at Boogie Bounce’s option.
If you want to make a warranty claim, you must contact Boogie Bounce by email: [email protected] or by telephone: 0044  121 354 1190. If Boogie Bounce requires you to return the equipment to one of its authorised service centers, you must do so promptly freight prepaid and accompanied by proof of original purchase e.g. order confirmation. Boogie Bounce will assess the claim promptly and will communicate with you using details you have provided to Boogie Bounce. All returns must be preauthorized by Boogie Bounce.
This warranty does not extend to any damage to equipment caused by or attributable to: (a) abuse, misuse, willful damage, negligence, failure to follow the user instructions and owner’s manual, improper or abnormal usage or storage; (b) fair wear and tear; and (c) repairs or alterations not provided by or authorized by Boogie Bounce.
No other warranty beyond that specifically set forth above or in Boogie Bounce’s terms and conditions of sale is authorised by Boogie Bounce. Please refer to the terms and conditions of sale relating to the sale of the equipment.
Use of any trampoline exposes the user to the risk of serious injury, including permanent paralysis or even death from landing on the back, neck or head. The trampoline must not be used without the T Bar Stability Handle securely attached.
Use of the equipment should always be under the direct supervision of a qualified Boogie Bounce instructor or in conjunction with the Boogie Bounce home exercise videos. Always follow the instructions and warnings provided with your trampoline/stability handle.
Copyright 2017. Boogie Bounce Xtreme Ltd.
- Other legal remedies
We take our legal responsibilities very seriously and have prepared these terms and conditions in accordance with your legal rights. The options described above are intended to describe or be in addition to your normal legal remedies and nothing in these terms will override or exclude any of your legal rights.
- Limits of our responsibility
We are not responsible to you for the following types of loss or damage:
- Loss or damage of a kind that we could not reasonably have foreseen.
- Loss or damage arising out of use of the product for commercial, business or re-sale purposes.
- Loss or damage which results from you misusing the product.
- Loss or damage arising from wear or tear or otherwise from damage to a product arising after the time when it was delivered (except where that damage is caused by a problem which was present at the time it was delivered).
However, nothing in this paragraph 9.8 or otherwise in these terms is intended to limit or exclude our liability for death or personal injury caused by our negligence, for breach of your legal rights in relation to the products, for defective products under the Consumer Protection Act 1987 or otherwise where we are not permitted to limit or exclude our liability by law.
- How we may use your personal information
- We will use the personal information you provide to us to supply the products to you, to process your payment for the products and to provide you with support after you have received the products.
- If you choose to receive information about our other products and services we believe may be of interest to you then we may use your personal information for these purposes. You may stop receiving these communications at any time by contacting us and letting us know that you want to unsubscribe.
- We will only give your personal information to third parties where the law either requires or allows us to do so.
- Other important terms
- Any contract formed will be between you and us. No other person shall have any rights to enforce any of its terms.
- Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- These terms are governed by English law and you can bring legal proceedings in respect of the any disputes arising out of or in connection with your order, including any problems with the products, in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- Mobile App – The Boogie Bounce Mobile App is provided with one month free all inclusive access the first time a person downloads the application. Boogie Bounce have offered a three month trial period previously – information about which may still be visible on historic advertising material. This offer is no longer valid.
BOOGIE BOUNCE XTREME LIMITED COMMERCIAL TERMS AND CONDITIONS OF SALE
- ABOUT US
- Supplier details. Boogie Bounce Xtreme Limited is a company registered in England and Wales under company number 08951272, whose registered office and main trading address is Unit 43 Greendale Farm, Burton Road, Elford, Nr Tamworth B79 9DJ . Our VAT number is [●]. We operate the website boogiebounce.com.
- Contacting the Supplier. Please call the customer service team at [●] or by email [●]. How to give formal notices under the Contract is set out under clause 2.
- In these Conditions, the following definitions apply:
a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business;
the terms and conditions set out in this document as amended from time to time in accordance with clause 11.6;
the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions;
the person or firm who purchases the Goods from the Supplier;
Estimated Delivery Date
the date on which the Supplier estimates that the Goods will be delivered to the delivery address;
Force Majeure Event
has the meaning given in clause 10;
the goods (or any part of them) set out in the Order;
the Customer’s order for the Goods, as set out in the Customer’s purchase order form or, where orders for Goods are placed on the internet, its submission of an order online; and
Boogie Bounce Xtreme Limited, whose details are set out under clause 1 above.
- Basis of contract
- These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. Where Orders are placed over the internet, the order process allows the Customer to check and amend any errors before Orders are submitted to the Supplier. The Customer should check its Order carefully before confirming it. The Customer is responsible for ensuring that the terms of the Order submitted by the Customer are complete and accurate.
- For Orders placed over the internet, the Customer shall receive an email from the Supplier acknowledging receipt of the Order. This is not an order acceptance which shall take place as set out in clause 4.
- The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence.
- If the Supplier cannot supply the Goods for any reason, the Supplier shall inform the Customer by email or by telephone and it will not process the Order. If the Customer has already paid for the Goods, the Supplier will refund the Customer the full amount including any delivery costs charged as soon as possible.
- The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.
- Any images, samples, drawings, descriptive matter, or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier’s website or elsewhere are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force. Although effort is made to display the colours accurately, the Supplier cannot guarantee that the Customer’s display of images on the Supplier’s website accurately reflect the colour of the Goods. The colour of the Goods, therefore, may vary slightly from such images.
- The Customer should retain a copy of these Conditions for future reference.
- The Goods are described in the Order.
- The Supplier reserves the right to amend the specification of the Goods which are required to conform with any applicable safety or other requirements or which do not materially affect their quality or performance.
- The Supplier shall use its reasonable endeavours to deliver the Goods to the Customer on or around the Estimated Delivery Date, but time of delivery shall not be of the essence.
- Delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Location notwithstanding any late delivery by the Supplier.
- The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
- If the Customer fails to accept delivery of the Goods within three Business Days of the Supplier notifying the Customer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Supplier’s failure to comply with its obligations under the Contract:
- delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day after the day on which the Supplier notified the Customer that the Goods were ready; and
- the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
- If, 10 Business Days after the day on which the Supplier notified the Customer that the Goods were ready for delivery, the Customer has not accepted delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.
- The Supplier may deliver the Goods by instalments. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
- The Supplier warrants that, on delivery and for a period of six months from delivery, the Goods shall:
- conform in all material respects with their description and any applicable specification;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- be fit for any purpose held out by the Supplier.
- Subject to clause 3, if:
- the Customer gives notice in writing to the Supplier within two Business Days of discovery that some or all of the Goods do not comply with the warranty set out in clause 1;
- the Supplier is given a reasonable opportunity of examining such Goods; and
- the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier’s place of business at the Customer’s cost,
- The Supplier warrants that, on delivery and for a period of six months from delivery, the Goods shall:
the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
- The Supplier shall not be liable for Goods’ failure to comply with the warranty set out in clause 1 in any of the following events:
- the Customer makes any further use of such Goods after giving notice in accordance with clause 2;
- the defect arises because the Customer failed to follow the Supplier’s oral or written instructions or manuals as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
- the Customer alters or repairs such Goods without the written consent of the Supplier;
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
- the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
- Except as provided in this clause 6, the Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 1.
- The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
- These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
- Price and payment
- The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Supplier’s published price list in force as at the date of delivery.
- The Supplier takes all reasonable care to ensure that the prices of the Goods stated on its website are correct. If the Supplier discovers an error in the price of the Goods ordered, it will contact the Customer to inform the Customer of the error. The Customer will have the option to continue to purchase the Goods at the correct price or cancelling the Order. If the Supplier is unable to make contact with the Customer with the details provided by the Customer during the order process, the Supplier will treat the Order as cancelled and notify the Customer. If the Supplier mistakenly accepts and processes an Order where a pricing error is obvious and unmistakable and could reasonably have been recognised by the Customer as a mispricing, the Supplier may cancel supply of the Goods and refund the Customer any sums it has paid.
- The Supplier may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to any factor beyond its control, any change in delivery dates, quantities or specifications of the Goods which are requested by the Customer or any delay caused by instructions of the Customer or failure of the Customer to give the Supplier adequate information or instruction. The Customer will have the option to continue to purchase the Goods at the adjusted price or cancelling the Order.
- The price of the Goods is exclusive of amounts in respect of value added tax (VAT). The Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Goods.
- The Supplier may invoice the Customer for the Goods on or at any time after the Customer places an Order, except for internet orders which will require payment at the point of order by debit or credit card.
- The Customer shall pay the invoice in full and in cleared funds by either debit card or credit card before the Goods will be despatched. Time of payment is of the essence.
- If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above the Supplier’s bank’s (currently HSBC) base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
- If the Customer fails to make any payment to the Company when due, then the Supplier shall have the right, without prejudice to any other remedies, to withhold delivery of any undelivered Goods and stop any Goods in transit unless all monies are paid in full.
- The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Supplier may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
- Termination and suspension
- The Supplier can terminate or suspend the contract by giving written notice to the Customer if:
- the Customer fails to pay monies when they are due and payable; and/or
- the Customer breaches the terms of the Contract; and/or
- the Customer ceases or threatens to cease carrying on business; and/or
- the Customer is declared or becomes insolvent or bankrupt, enters into receivership, administration, liquidation, administrative receivership or has a moratorium declared against it in respect of any of its indebtedness.
- On termination of the Contract for any reason the Customer shall immediately pay to the Supplier any and all of the sums owed to the Supplier.
- Termination of the Contract, however arising, shall not affect any of the parties’ rights, remedies, obligations and liabilities that have accrued as at termination.
- Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
- The Supplier can terminate or suspend the contract by giving written notice to the Customer if:
- Limitation of liability
- The Goods supplied are not for re-sale.
- Nothing in these Conditions shall limit or exclude the Supplier’s liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979;
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
- Subject to clause 1:
- the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
- the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Goods.
- Except as expressly stated in these Conditions, the Supplier does not give any representations, warranties or undertakings in relation to the Goods. Any representation, conditions or warranty which might be implied or incorporated into these Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law.
- Force majeure
- 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.
- The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
- The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.
- Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier or e-mail.
- A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 2; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by e-mail, one Business Day after transmission.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
- A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- A person who is not a party to the Contract shall not have any rights to enforce its terms.
- Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by the Supplier.
- These Conditions are not suitable for the sale of Goods to consumers. If the Customer is a consumer, it must contact the Supplier as different terms and conditions shall apply.
- The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
- Each party agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).