Delta Works (Parts) Limited
Terms and Conditions

These terms and conditions together with the documents referred to in them tell you the basis on which we will supply to you our goods ("Goods") and services ("Services"). Please read these terms carefully before ordering any Goods or Services from us. By ordering any of the Goods or Services, you agree to be bound by these terms.

In particular we draw your attention to clause 19 below where we limit our liability to you.

You should retain a copy of these terms for future reference.

1. INFORMATION ABOUT US
   • The Goods and Services are provided by Delta Works (Parts) Limited. ("we/us/our").
   • We are registered in England and Wales and have our registered office and main trading address at Unit 3D, The Old Good Yard, Sherriff Street Industrial Estate, Worcester, Worcestershire, WR4 9AB.
   • Our company number is 11194664 and our VAT registration is 287531964.
2. YOUR STATUS
   • You acknowledge that:
     • clause 5 does not apply unless you are purchasing Goods and/or Services by mail order or from our website as a consumer (in other words, other than in the course of a business, trade or profession) ("Consumer");
     • clauses 11.3 to 11.4 and 12.6 to 12.8 (inclusive) do not apply unless you are purchasing Goods and Services in the course of a business, trade or profession ("Business Customer"); and
     • clause 11.6 does not apply unless you are purchasing Goods and Services as a Consumer (in other words, other than in the course of a business, trade or profession) ("Consumer");
   • By placing an order with us, you warrant that:
     • you are legally capable of entering into binding contracts;
     • if you are a Consumer, you are at least 18 years old;
     • the information you provide to us during the process of placing an order for Goods and/or Services is accurate, complete and not misleading.

3. APPLICATION
   • These terms and conditions apply to all sales of Goods and/or Services provided by us to you.
   • If you are purchasing Goods and/or Services via our website, no contract for the supply of Goods and/or Services ("Contract") will come into existence until we despatch the Goods, send you an email confirming that your Goods have been despatched or start performing the Services (whichever is the earlier).
   • If you purchase Goods and/or Services by any means other than via our website, the Contract will not come into existence until either your order (however given) is accepted by the earliest of our written acknowledgement of order, delivery of the Goods or performance of the Services.
   • Each order for Goods and/or Services by you to us will be deemed to be an offer by you to purchase Goods and/or Services subject to these terms. Each order placed by you to us for Goods and/or Services and accepted by us will constitute a separate contract.
   • You must ensure that the terms of your order and any applicable specification are complete and accurate.
   • These terms will be incorporated in the Contract to the exclusion of all other terms and conditions. They supersede all prior dealings, negotiations, representations or agreements between us in respect of the subject-matter of the Contract whether written or oral.
   • No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorised representative.
4. GOODS AND SERVICES
   • All brochures, specifications, drawings, catalogues, particulars, shapes, descriptions and illustrations, application guides and information, price lists and other advertising matter are intended only to present a general idea of the Goods and Services described in them.
   • We reserve the right to deliver Goods of a modified design provided that any difference does not make the Goods unsuitable for any purpose you have made known to us.
   • The Goods will conform in all material respects to any sample provided to and accepted by us. The Goods and Services will conform in all material respects with any specification provided to and accepted by us. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the Goods and Services.
   • We retain all copyright and title to all documentation relating to Goods delivered to you by us. This documentation may only be used for the purposes intended in the Contract and not for any other purpose without our permission. It must be returned on demand.
   • Technical specifications are approximations unless specifically stated otherwise.
   • You will not remove, alter, deface, obfuscate or tamper with any of the trade marks, names or numbers affixed to or marked on the Goods nor allow any one else to do so.
   • If the Goods are manufactured in accordance with any design or specification provided or made by you, you will compensate us in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights of any third party.
   • We prohibit the audio or video recording of on-site professional or technical Services, or training and consultancy without the prior written consent of us.
5. CONSUMER RIGHTS

Clause 5 only applies if you are a Consumer AND purchasing Goods and/or Services by mail order or from our website, where you purchase goods in-store, your purchase will take place in-store and this clause 5 shall not apply.

• In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to cancel the Contract (subject to clause 5.8 below) for any item bought on the Website for a full refund within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Good(s).
• To exercise the right to cancel email customer services on deltaworks@gmx.co.uk, or call 01905 731676, or write to us at Unit 3D, The Old Good Yard, Sherriff Street Industrial Estate, Worcester, Worcestershire, WR4 9AB to inform us of your decision to cancel your order by a clear statement (setting out your name, geographical address, order number and, where available, your telephone number and an e-mail address). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
• If you cancel the Contract under this clause 5, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). Please take reasonable care of the goods as we are entitled to deduct an amount from the refund to reflect any loss in value of the goods supplied, if the loss is the result of unnecessary handling of the goods by you.
• We will make the reimbursement without undue delay, and not later than –
  • 14 days after the day we receive back from you any Goods supplied, or
  • (if earlier) 14 days after the day you provide evidence that you have returned the Goods, or
  • if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel the Contract
• We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.
• You shall send back the Goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the Contract to us. The deadline is met if you send back the Goods before the period of 14 days has expired. You will have to bear the direct cost of returning the Goods.
• The right to cancel does not apply to the following kind of contracts:
  • Contracts for the supply of Goods that are made to the Consumer’s specifications or are clearly personalised.
  • Contracts for the supply of Performance Goods as further detailed at Clause 14.
  • Contracts for the supply of Goods which are liable to deteriorate or expire rapidly.
  • Contracts for the supply of sealed Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
  • Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items (such as paint).
  • Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery; and
  • Contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.
• We shall have no liability for incorrect Goods purchased by you online for foreign registered cars once the cancellation period in this clause 5 lapses. To minimise the purchase of any incorrect Goods we advise that customers with foreign registered vehicles call our specialist sales staff on 01905 731676 or send an email to deltaworks@gmx.co.uk, who will offer guidance to customers in respect of the suitability of any Goods prior to purchase.
• You may also cancel an order for Services within 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
• Nothing in this clause affects your statutory rights.
  

6. PRICES
   
   
   • The prices of the Goods and Services will be as quoted in our marketing literature from time to time except in cases of obvious error (see clause 6.7). The prices may be altered at any time without notification to take into account any increase in our costs (including but not limited to the cost of materials, labour, transport or other overheads, any tax, duty or variation in exchange rates).
   • The prices that you pay for the Goods and Services will be those ruling (in the case of Goods) at the date of despatch of the Goods or (in the case of Services) our confirmation of the start date of the Services.
   • We list prices exclusive of VAT. All prices are exclusive of any other sales tax or duty that may be applicable which will be payable in addition to the price unless otherwise stated.
   • Unless otherwise specified, the delivery costs will be quoted at the time you place your order for Goods.
   • In case of small orders we will be entitled to make a minimum order charge or to add a surcharge for delivery, details of which will be provided to you at the time of order acknowledgement.
   • No allowance will be credited for Goods collected from our premises by you rather than delivered by us.
   • While we try and ensure that all our prices on our website are accurate, some prices may be incorrectly listed. If we discover an error in the price of the Goods you have ordered we will inform you as soon as possible and offer you the Goods at the correct price. We are under no obligation to provide Goods or Services to you at an incorrect, lower price, even after we have acknowledged your order or despatched the Goods or started performance of the Services. If we cannot contact you, we will treat the order as cancelled. If payment has been made and you wish to cancel your order, you will receive a full refund of the price paid
     
7. QUOTATIONS

 

• Unless otherwise stated all quotations are valid only for 30 days from their date of publication
  

8. PAYMENT
   
   
   • Payment of invoices will be made in full to us without deductions or set-off in cash/guaranteed cheque/credit or debit card when order is placed or on delivery.
   • We reserve the right to charge a credit card surcharge if you elect to pay us by credit card.
   • Payments by credit or debit card will only be accepted where the card holder is present in person at our premises or from the card holder over the telephone or where the card in question has been verified on our website.
   • Without prejudice to any other rights that we may have (including the right to suspend any further deliveries or installation), if you fail to pay the invoice price by the due date we may charge you interest on any overdue amount from the date of which payment was due to that on which it is made (whether before or after judgment) on a daily basis in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and reimburse to us all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
   • For all cheques provided to us by customers, which when cashed by us, are not cleared by our bank and are being represented or returned to the drawer, we shall charge £25 for each cheque so returned to cover our bank and administration charges. To avoid the aforementioned charges we advise that you have the sufficient and cleared funds in your account when making any payment to us.
9. DELIVERY
   • The Goods are delivered to you when we make them available to you at a delivery point agreed by us.
   • You have legal rights if we deliver any of the Goods ordered late. If we miss the delivery deadline for any Goods then you may treat the Contract as at an end straight away if any of the following apply:
     • we have refused to deliver the Goods;
     • delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
     • you told us before we accepted your order that delivery within the delivery deadline was essential
   • Time of delivery will not be of the essence and any delivery date is an estimate only. We will use all reasonable endeavours to avoid late deliveries.
   • The quantity of any consignment of Goods as recorded by us upon despatch from our place of business will be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
   • Our liability for non-delivery of the Goods will be limited to, at our discretion, replacing the Goods within a reasonable time, issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods or a refund of the purchase price paid.
   • Any claim that any Goods have been delivered damaged or do not materially comply with their description will be notified by you to us and (where appropriate, to the carrier) within 7 days of their delivery. Provided that you return such Goods to us in accordance with clause 14, we will at our sole discretion replace such Goods, issue you with a credit note for the price of such Goods or refund the price paid for such Goods. The provisions of this clause 9.6 set out your sole remedy in such circumstances.
   • Any claim that any Goods have not been delivered to you by us or our appointed carriers where we claim we have delivered the same to you, or left the Goods in a safe place or delivered the Goods to your neighbour and/or our appointed carriers have obtained a signature for the delivery of the Goods (from any of the above (where applicable), such claim must be notified by you to us within 7 days of their expected delivery. We shall then liaise with our carrier and/or our driver and we may require copies of two forms of personal identification documents from you (such as passport, driving licence, bank card etc.) or any third party. Once we have reviewed all documentary evidence and statements from the relevant drivers we shall then come back to you within a reasonable timescale of our decision (to replace such Goods, issue you with a credit note for the price of such Goods, refund the price paid for such Goods or to not provide any of the aforementioned) which shall be final and binding. The provisions of this clause 10.9 set out your sole remedy in such circumstances
   • We may at our discretion deliver the Goods by instalments in any sequence. Where the Goods are delivered by instalments, no default or failure by us in respect of any one or more instalments will vitiate the Contract in respect of the Goods previously delivered or undelivered Goods.
   • If you fail to take delivery of the Goods or accept performance of the Services or any part thereof at the time agreed for delivery then we will be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge you for the loss suffered.
10. UNLOADING
    • It is your responsibility to provide the means for unloading Goods on delivery unless agreed by us in writing otherwise. We will inform you in advance if any special means will be required to unload the Goods at your premises.
11. STORAGE
    • If you fail to take delivery of the Goods when they are ready for delivery we may, at our option, either store them ourselves or have them stored by third parties on such terms as we may in our own discretion think fit. In any event the cost of storage will be borne by you.
    • Clauses 11.3 to 11.4 do not apply unless you are purchasing Goods and Services as a Business Customer
    • You shall:
      • be responsible for the collection, treatment, recovery and environmentally sound disposal of all waste electrical and electronic equipment ("WEEE") as defined in the Waste Electrical and Electronic Equipment Regulations 2006 ("WEEE Regulations") as arising or deriving from the Goods;
      • comply with all additional obligations placed upon you by the WEEE Regulations by virtue of you accepting the responsibility set out in clause 11.3.1; and
      • provide our WEEE compliance scheme operator with such data, documents, information and other assistance as such scheme operator may from time to time reasonably require to enable such operator to satisfy the obligations assumed by it as a result of our membership of the operator's compliance scheme.
    • You shall be responsible for all costs and expenses arising from and relating to your obligations in clause 11.3.
    • Clause 11.6 does not apply unless you are purchasing Goods and Services as a Consumer
    • Where you are buying replacement electrical and electronic equipment ("Replacement EEE") as a Consumer we have certain obligations under the WEEE Regulations to take back WEEE without charge. You can return WEEE to us in accordance with the provisions below where you are buying Replacement EEE as a Consumer:
      • where you are purchasing Goods online you must return your old item to us at Unit 3D, The Old Good Yard, Sherriff Street Industrial Estate, Worcester, Worcestershire, WR4 9AB. All returns are to be at your cost and are to be made within 28 days of purchase of the Replacement EEE; and
      • where Goods are purchased from one of our stores, you must return your old item to that same store at your cost. All returns are to be made within 28 days of purchase of the Replacement EEE.
    • Our obligations to take back WEEE only apply to household users of electrical items. If you are a Business Customer you will need to find a local collector or waste company to dispose of your waste.
      
12. RISK AND TITLE
    
    • Risk in the Goods passes when they are delivered to you.
    • You will insure the Goods against theft or any damage howsoever caused until their price has been paid in full.
    • For the purpose of section 12 of the Sale of Goods Act 1979 we will transfer only such title or rights in respect of the Goods as we have and if the Goods are purchased from a third party will transfer only such title or rights as that party had and has transferred to us.
    • Notwithstanding clause 12.3, title to the Goods will remain with us and will not pass to you until the earlier of;
      • us receiving payment in full (in cash or cleared funds) for;

1. the Goods; and
2. any other Goods or services that we have supplied to you in respect of which payment has become due; and
3. all outstanding invoices from us (All Monies Clause),

in which case, title to the Goods shall pass at the time of payment of all such sums.

• We may maintain an action for the price of any Goods notwithstanding that title in them has not passed to you.
• Clauses 12.6 to 12.8 only apply if you are a Business Customer
• Until ownership of the Goods has passed to you, you must:
  • hold the Goods on a fiduciary basis as our bailee;
  • store the Goods (at no cost to us) separately from all other products belonging to you or any third party in such a way that they remain readily identifiable as our property;
  • not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
  • maintain the Goods in satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction. On request you will produce the policy of insurance to us; and
  • hold the proceeds of the insurance referred to in clause 12.7.4 on trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
• You may resell the Goods before ownership has passed to you solely on the following basis:
  • any sale will be effected in the ordinary course of your business at full market value; and
  • any such sale will be a sale of our property on your own behalf and you will deal as principal when making such a sale.
• Your right to possession of the Goods will terminate immediately if:
  • you (being an individual) have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of your undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency in any jurisdiction; or
  • you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe/perform any of your obligations under the Contract or any other contract between us and you, or are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
  • you encumber or in any way charge any of the Goods; or
  • anything analogous to the foregoing occurs in any other jurisdiction.
    

13. WARRANTY
    
    
    • Each of the Goods are supplied with the benefit of a warranty given by the Goods' manufacturers (details of which will be provided to you with the Goods or otherwise on request ("the Warranty")) provided that you comply with the conditions set out in clause 13.2 as well as any provided with the Warranty ("Warranty Conditions").
    • If Goods become faulty during the period of the Warranty for reasons unconnected with your acts, omissions or misuse of the Goods, you must return such Goods to us. We will repair (or at our option) replace such Goods with the same or superior Goods, without charge. If Goods become faulty after expiry of the Warranty, and you request that we replace or repair such Goods, then we shall charge our then standard list price for such repair or replacement.
    • Your sole remedy in respect of a failure of the Goods to comply with the Warranty is as set out in the Warranty Conditions.
    • We will be afforded reasonable opportunity and facilities to investigate any claims made under the Warranty and you will if so requested in writing by us promptly return any Goods the subject of any claim and any packing materials securely packed and carriage paid to us for examination.
    • We will have no liability with regard to any claim in respect of which you have not complied with the claims procedures in the Warranty Conditions.
      
14. REFUNDS POLICY
    
    
    • If you are exercising your right to change your mind in accordance with Clause 5:
      • We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
      • The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost or free but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
      • Where the product is a service, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, 14 days of you telling us you have changed your mind, subject to the following:
      • When you return Goods to us:
      • which are outside the terms of Clause 5 and are returned in-store, via the Website or otherwise and are incorrectly supplied or the Goods have been misdescribed to you, provided the Goods are returned as new in their original packaging, these items shall be refunded, exchanged or replaced if they are returned within 365 days in comparison with the full coverage of the contract.
    • We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
      • If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return Goods to us, see clause 5.
    • In all other cases, your refund will be made within
      • 14 days of date of purchase of the Goods and proof of purchase is supplied; and
      • for any other reason (outside the terms of Clause 5), we will examine the returned Goods and will either notify you in-store (if the Goods were bought from one of our branches and returned to our branch only), in writing or via e-mail within a reasonable time of the refund (if any at all) to which you are entitled. We will usually process the refund due to you as soon as possible thereafter. For any entitlement of a refund to be due to you, the returned Goods must be in the same condition in which you received them with the original packaging and the product documentation. The Goods must not have been used (such as any smell of without limitation fuel, toxins or rubber shall invalidate any refund due to you) and, where applicable, must not have been removed from the sealed clear packaging. This includes electrical items, which are supplied in sealed clear packaging. Goods returned to us because they fail to comply with the Warranty will be refunded in accordance with the provisions of the Warranty Conditions
    • We will pay the costs of return:
      • if the Goods are faulty or misdescribed as per clause 14.1.15;
      • if you are ending the Contract because we have told you of an upcoming change to the Goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
      • on occasions, in accordance with Clause 5.
    • "Special Order" means any Goods that are not held in stock by us (a non-stock item) and are therefore ordered and/or manufactured specifically as per your request. Payment in full is required for such Special Orders at the time the Special Order is placed with us. Special Orders that are manufactured specifically as per your request are non-refundable except at our sole discretion or if the Contract is cancelled as per the terms of Clause 5. In such instances We reserve the right to apply a restocking fee of 25% of the price of the Special Order, which shall be deducted from any refund due to you.”
    • We will normally refund any money received from you using the same method originally used by you to pay for your purchase
      
15. EXCHANGE UNIT SURCHARGES
    
    
    • Where service exchange units are purchased, you will be invoiced with a sum referred to as a "surcharge" or "core charge" which is in respect of the old unit that you may return to us. If the old unit is returned within 7 days from delivery date and is in serviceable condition a credit note or refund will be issued by us in respect of the "surcharge" or "core charge".
      
16. SERVICES
    
    
    • We will perform the Services with reasonable care and skill.
    • If we fail to perform the Services in accordance with clause 16.1 or at all, then your sole remedy will be the re-performance of those Services by us.
    • Any timescales given by us to you in respect of the performance of the Services are approximate only.
17. INSTALLATION
    
    
    • If the Services include installation services we will provide detailed instructions to you about site preparation and other requirements required during the installation.
    • If you fail to fully comply with the requirements in clause 17.1, we reserve the right to charge you for any additional work required as a result or if we are unable to complete the installation.
18. SUPPORT AND MAINTENANCE
    
    
    • The provisions of this clause 18 will only apply if the Services purchased by you include the provision of support and maintenance services.
    • We will provide you with such technical advice by telephone, e-mail, fax, and web access during our normal business hours for the duration of the period for which you purchase such Services ("Cover Period") as is reasonably necessary to resolve your difficulties and queries in using such goods supplied to you and identified by us. The objective of this service is to provide an initial advice and guidance service. It is not a substitute for management consultancy, project management, implementation control, system consultancy, or product training and is available only to your competent trained employees.
    • You will:
      • provide us with such information, assistance and facilities as we may reasonably require to enable us to perform the Services set out in this clause 18; and
      • direct all enquiries for technical advice to our helpdesk number notified to you from time to time.
    • The support and maintenance services do not apply:
      • to the extent that you failed to follow any instructions relating to the operation, use and maintenance of the Goods (and where you install the Goods, instructions as to installation of the Goods);
      • to the extent that the query arises from user incompetence, abuse, improper use or use in an environment or for a purpose for which the Goods were not designed or intended;
      • if you or other third party alters or repairs the Goods without our written consent; or
      • to the extent that the query is attributable to third party materials including any equipment to which the Goods are incorporated which is not provided by us.
    • You will pay any additional charge levied by us, at our then prevailing rates, for support and maintenance services provided at your request but which fall within the exclusions in clause 18.4.
    • The Services referred to in this clause will run for the Cover Period and will (unless terminated earlier in accordance with these terms) continue thereafter unless or until terminated by either party serving no less that 90 days' prior notice on the other, such notice to expire on the last day of the Cover Period or subsequent anniversary thereof. We reserve the right to vary the fee payable for such Services on or before each anniversary of commencement of the Cover Period.
      
19. LIMITATION OF LIABILITY
    
    
    • Subject to the provisions of these terms, the following provisions set out the entire financial liability of us (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
      • any breach of these terms; and
      • any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
    • All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979 (as amended)) are, to the fullest extent permitted by law, excluded from the Contract.
    • Nothing in these terms excludes or limits our liability:
      • for death or personal injury caused by our negligence;
      • under section 2(3) of the Consumer Protection Act 1987;
      • for fraud or for fraudulent misrepresentation; or
      • for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
    • Subject to clause 19.3, we will not be liable to you for:
      • any indirect or consequential, special or punitive loss, damage, costs or expenses;
      • loss of profit;
      • loss of business;
      • loss of income or revenue;
      • loss or corruption of or damage to data;
      • waste of management or office time; or
      • depletion of goodwill.
    • Subject to clause 19.3, our total liability to you under or connected with these terms will not exceed 125% (one hundred and twenty five per cent) of the price payable for the Goods and/or Services for any one event or series of connected events.
      
20. TERMINATION AND SUSPENSION
    
    
    • We may at our discretion suspend or terminate the supply of any Goods or Services if you fail to make any payment when and as due or otherwise defaults in any of your obligations under the Contract or any other agreement with us or if any of the events set out in clause 12.9 occur
    • On the termination of the Contract for any reason:
      • we will not be obliged to supply any Goods and Services ordered by you unless already paid for; and
      • all payments payable to us under the Contract will become due immediately upon termination of this Contract despite any other provision.
    • The termination of this Contract will not affect the respective rights and liabilities of each of the parties thereto which accrued prior to such termination nor any provisions which either expressly or impliedly are to remain in operation after termination.
    • Orders accepted by us are cancellable only at our discretion and we may charge for all work carried out or expenses incurred in relation to the order before our acceptance of cancellation.
      
21. FORCE MAJEURE
    
    
    • We will not be liable for any failure in the performance of any of our obligations under the Contract caused by factors outside our control.
      
22. LAW AND JURISDICTION
    
    
    • This Contract will be governed by English law and you consent to the non-exclusive jurisdiction of the English courts in all matters regarding it
      
23. NOTICES
    
    
    • Any notice given under this Contract will be in writing and may be served personally, by registered or recorded delivery mail, by facsimile transmission (the latter confirmed by post), or by any other means which any party specifies by notice to the other.
    • Each party's address for the service of notice will be:
      • Us - the address specified in clause 1.2 or such other address and facsimile number as we specify by notice to you; and
      • You - the address and facsimile number given to us at the time an order is placed with us.
    • A notice will be deemed to have been served: if it was served in person, at the time of service, if it was served by post, 48 hours after it was posted, and if it was served by facsimile transmission, at the time of transmission.
      
24. DATA PROTECTION
    
    • We will use personal information you provide to us:
      • to supply the products to you;
      • to process your payment for the products; and
      • if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
      • [We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.]
      • We will only give your personal information to [other] third parties where the law either requires or allows us to do so.
    • Please note that we may record and monitor telephone conversations that we have with you. The sole purpose of any recording is for training and quality control purposes. Under the Data Protection Act 1998 any personal or confidential information disclosed shall not be made available to any third party (unless required by law to do so) or used for marketing purposes. Recorded conversations are deleted one month after the recording was made.
      
25. GENERAL
    
    • Each of our rights or remedies under the Contract is without prejudice to any other right or remedy that we may have whether under the Contract or not.
    • 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 will 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 will continue in full force and effect.
    • Failure or delay by us in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of our rights under the Contract.
    • Any waiver by us of any breach of, or any default under, any provision of the Contract by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
    • Neither of us intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.