TERMS & CONDITIONS OF SALE
1.1. In these conditions the following words have the following meanings. The Buyer: the person(s), firm or company who purchases the goods from the Company in writing, or telephone to the company or orally or via the Internet. The Company will mean DFCE Limited Registered in England and Wales Number 06281845 (and any subsidiary or related company which supplied the goods).Those offices is located at 64 West street Harrietsham Kent ME17 1HU The goods shall mean all goods, materials, manuals, equipment and packaging supplied by the company. Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions. Delivery Point: the place where delivery of the Goods is to take place under condition 4
1.2. In these Conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statue or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.3. In these Conditions references to the masculine includes the feminine and the neuter and to the singular includes the plural and vice versa as the context admits or requires.
1.4. In these Conditions headings will not affect the construction of these Conditions.
2. APPLICATION OF TERMS
2.1. Subject to any variation under conditions 2.3 the Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2. These Conditions apply to all the Company’s sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a Director of this Company.
2.3. No order placed by the Buyer, shall be deemed to be accepted by the Company until the Company delivers the Goods to the Buyer. The Buyer must ensure that the terms of its order and any applicable specification are complete and accurate.
2.4. Any quotation is given on the basis that no contract will come into existence until the Company dispatches the Goods to the Buyer or sent written acknowledgement of order (which ever is earlier) Any quotation is valid for a period of 14 days only from its date, provided that the Company has not previously withdrawn it.
2.5. Applying for credit facilities or placing an order with the Company is taken as authorisation for the Company to approach third parties for credit information.
2.6. The Company may assign this contract, or any claims arising therefore, to third parties without the buyers consent.
2.7. The provisions of S35(A) of the Sales of Goods Act 1979 as amended, shall not apply to the contract expect where the buyer deals as a consumer within the meaning of section 12 of the Unfair Contract Terms Act 1977.
3.1. Although every effort has been made to ensure that the illustration, price, description, measurements and specification of goods are correct, such information is published for the sole purpose of giving approximate idea of the goods represented by a description in them. They will not form part of the contract and this is not a sale by sample. Where any such details are important the Buyer should themselves verify the information in writing, before placing an order. The company reserves the right to modify or vary the design, specification or finish of any products without notice.
4.1. Delivery will be deemed to have been effected when the goods are delivered to the Buyers requested delivery address.
4.2. Time of delivery is not of the essence
4.3. The company shall not be liable for any loss whatsoever or however arising caused by its non delivery (or by the future to make goods ready for collection) on the due date.
4.4. The company reserves the right to make delivery by installments and to render a separate invoice in respect of each installment and such invoice shall be payable as in clause 14.1
4.5. When delivery is by installment or if there is a delay in the delivery of any one or more installments for whatever reason, this will not entitle the Buyer to cancel or terminate any one contract relating to an installment or entitle the Buyer to treat the contact as repudiated or to damages.
4.6. Delivery (unless otherwise agreed in writing) will be tail lift only. Delivery does not include going on the premises, negotiating stairs or lifts, unpacking, positioning or assembling items. The Buyer needs to ensure that all products will fit through doorways and onto premises, the Company will not accept responsibility if it will not fit. Any carriage charges caused by aborted delivery are the Buyers responsibility. We offer delivery and set to work options on some equipment, this can be added at checkout if required, This allows for - ground floor only, UK mainland, with clear unhindered access, if these conditions are are not provided the Company will need to pass on any additional costs incurred
5.6. Where delivery is refused by the Buyer or is delayed, suspended or made by installments at the request of the Buyer or where the company is unable to deliver the goods due to circumstances beyond its control, the company on giving notification of the readiness to deliver shall be entitled to treat the contract as fulfilled and place the goods into storage, Delivery will then be deemed to have taken place for invoicing and payment as in clause 12 and the passing of risk 10. The Company as the Buyers request shall and in the event may arrange insurance covering the major perils endorsing its won interest. The cost of storage and any insurance of the goods shall be for the buyers account. Storage shall be charged at 3% of invoice value for each completed month.
4.7 IMPORTANT The Buyer or its agents must examine the goods upon delivery before signing the delivery note and accepting the goods. Any damage must be noted on the carrier’s delivery note at time of delivery otherwise claims cannot be entertained. The company does not accept signing the note as “unchecked” The Company cannot be responsible for any goods damaged due to carriage damage if noticed after the note as been signed. The buyer must check first. Damage must be written clearly on the courier’s delivery note. Reports of the damage must be reported in writing within 24 hours to our company. If the Carrier refuses to wait for you to check, please sign as damaged.
4.8. For off shore and remote areas including Northern Ireland , Highlands, Isle of Man, Isle of Wight, Channel Islands, Alderney and Scottish Islands a supplementary delivery cost may apply. If you are in any doubt please contact us with your delivery requirements for costings.
4.9. Deliveries are subject to the, order value, manufacturer, the Companies margins on certain goods, weight, size and the Buyers delivery address. Unless otherwise stated the Companies standard UK Delivery Service is as follows.
4.10. Delivery on web orders over £100 (ex. VAT) are FREE of charge to UK Mainland only. Some suppliers offer next day delivery which we often achieve however we recommend you allow 2 - 5 days for delivery we will update when your item is estimated to be delivered, with this service (please call 01622 853925 for delivery outside UK Mainland. Orders under £100 will be subject to a delivery charge of £8.00 + vat (UK Mainland only)
4.11. Next day delivery is available please contact us for costings, this only applies to mainland UK orders only. Please call 01622 853925 during office hours to allow us to process your order. Next day delivery excludes weekends. Orders placed on a weekend will not be processed until the next working day. Standard UK delivery charge excludes Northern Ireland , Highlands, Isle Of Man and Isle Of Wight . Saturday Delivery Services - Saturday or next day delivery before 10AM, can be arranged at extra cost. The Buyer should order before 1:00pm to ensure your Saturday delivery arrives on time. We cannot offer Saturday delivery options for remote areas, offshore and Northern Ireland . Offshore And Remote Deliveries For remote areas, off-shore and Northern Ireland please allow 4-5 days for delivery. Postage rates for these areas vary, please call 01622 853925 for further information. A supplementary delivery cost for heavy equipment may apply.
4.12 The company will deliver as near as possible to the delivery site Tail lift rear of lorry only and as safely to a hard road permits.
4.13. The Buyer is responsible for ensuring that products ordered will fit through doorways and into their premises. The Company cannot accept responsibility if it will not fit.
4.14. Any carriage charges caused by an aborted delivery are the Buyers responsibility.
4.15. Free delivery will be for the first attempt only, further attempts will be charged based on the location and weight. Having read the above, should you have a special requirements with your delivery, please call 01622 853925 to discuss with a member of the team, whom will try and supply an additional service to meet your delivery requirements (Agreed in writing prior to sale).
5.1. The quantity of any consignment of Goods as recorded by the Company upon dispatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
5.2. The Company shall not be liable for any non-delivery of goods (even if caused by the Company’s negligence) unless written notice is given to the Company within 24 hours of the date when the Goods would in the ordinary course of events have been received.
5.3. Any liability of the Company for non-delivery of the goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro-rata contract rate against any invoice raised for such goods.
5.4. If any goods received by the Buyer have been damaged upon delivery, the Buyer must inform the Company of such damage in writing within 24 hours( refer to clause 4.9)
5.5. For large machinery or refrigeration, where a delivery attempt has been made and failed due to buyer error, a subsequent delivery charge may be charged.
6. HOW TO RETURN GOODS
61. We hope you will be pleased with your purchase. Should you wish to return an item (excluding bespoke kitchen equipment, please see returning kitchen equipment, below), we will be happy to arrange restocking, if it is in full resaleable condition. Returns should be made within reasonable time (usually 30 days) and in original undamaged packaging and are subject to restocking charges, delivery bak to manufacturer and a handling fee.
6.2 **Any damages and discrepancies must be reported within 24 hours of delivery. For damage claims we require 4 photos - incl 1 of inner packaging, 1 of outer box, 1 of address label and 1 of damaged contents in order for a claim to be made. Claims made after 24 hours or with no photographs will unfortunately not be honoured. Please mark the email subject as damages**
7. RETURNING KITCHEN EQUIPMENT
7.1.. Please ensure that you have assessed all the technical specification, available on the website prior to ordering. Should you remain unsure of what product is right for you, please call our kitchen equipment specialist for free and impartial advice on 01622 853925
7.2.. Should you wish to return your kitchen equipment item(s) it must first be agreed with DFCE Ltd. A restocking charge of minimum 30% applies, we reserve the right to charge for return carriage and a handling fee will be chargeable.
7.3. Please note that any kitchen equipment items returned must be in their original packaging together with all manuals and accessories. In the event that you no longer have the packaging, we will be unable to accept the item(s). Credit will only be honoured once the goods have been received and inspected by DFCE Ltd and or there suppliers. In the event of returned goods being used and unsaleable, no credit will be given, and the goods will be sent back to the customer at the customers cost.
7.4. Subject to the other provisions of these Conditions the Company will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence).
7.5. Equipment built to order, are non returnable
7.6. Bespoke manufactured items, are non returnable
8.1. If requested the company will carry out installation in a workmanlike manner and to the best of its ability, but shall not be liable for any damage caused to persons or property in or about the premises caused by reasons beyond the control of the Company or employees.
8.2. If, after delivery, but before completion of the installation, damage to or destruction of any part of the equipment on site occurs, arising from any accident, theft or malicious intent or from war, fire or any cause beyond the Company's control the Company shall make good the damage or destruction and will make an extra charge to the buyer in respect thereof which the buyer must pay. The extra charge will be calculated in accordance with the Company's standard charges and terms. If further work shall be impractical the buyer shall pay for the equipment and labour already supplied, and the contract shall be at an end.
8.3. The buyer shall be solely responsible for the cost of protecting the equipment from damage or destruction after delivery, howsoever caused.
8.4. The Company accepts no liability arising from or contributed to by the fixing of equipment by the Buyers or by contractors employed by them or from placing on equipment of articles of excessive weight.
8.5. The Company will not accept any liability or claim for the loss of contents arising from malfunction of the equipment supplied.
8.6. The company's quotation does not include the following:
8.7. Any electrical wiring, plumbing, building works, making good, or any materials or services not specifically mentioned in the quotation.
8.8. Any casual labour, costs of hiring, lilting or handling equipment or scaffolding required to convey goods supplied to site.
8.9. Cost of lighting, power, heating and water required during erection and installation of the equipment at site.
8.10. Any insurances payable relating to the above.
8.11. The above items are to be provided and paid for by the Buyer.
8.12. Not withstanding any agreed date under clause
8.13. The Company shall not be liable for loss or damage arising from delays in delivery resulting from acts of God, Government orders, strikes, war or delay in delivery of manufacturing material, or any circumstances beyond the Company's control. None of these events shall entitle the buyer to cancel the contract, and the delivery date shall be extended accordingly.
8.14. The Buyer should cover the equipment being delivered for fire and theft even it the goods are on short term loan or hire
9.1. Goods are not supplied on a sale or return basis.
9.2. No cancellation by the Buyer is permitted except where agreed by the company in writing within 7 days from date of delivery. Any administration costs will be the responsibility of the Buyer. The Buyer will in the event of agreed cancellation in accordance with the following namely:
9.3. The Buyer cancels the goods after the goods have left the company’s or the manufactures warehouses but before they have been unpackaged by the buyer or its agent, a charge of 15% of the invoice value will be charged plus any carriage charges incurred by the company at the time of cancellation.
9.4. If the Buyer cancels the goods after the goods have left the company’s or its manufactures warehouses and the goods have been unpackaged by the buyer or its agent then a charge of 25% of the invoice value will be charged. Provided that the goods are returned at the buyer’s expense in an agreed time, in the same condition unused and in the original packaging. Any cancellation agreed by the Company as a cancellation will be issued in writing a return authorisation number. Any goods returned that do not display an agreed authorisation number will be rejected by the company.
9.5. Bespoke built fabrication are subject to a non returnable deposit payable upon the clients approval of manufacturing drawings, After approvals The remaining balance is also not subject to cancellation is or refunds, and any outstanding payments must be payed in full
9.6. Equipment built order are subject to a non returnable deposit payable upon the clients approval of manufacturing drawings, After approvals The remaining balance is also not subject to cancellation is or refunds, and any outstanding payments must be payed in full
10.1. For leasing terms the Buyer must consult the Terms and Conditions of The Leasing Company.
11. RISK AND TITLE
11.1. Although title to Goods remains with the Company until paid for, they shall be at the Buyers risk from the time of actual delivery and the Buyer shall insure them against loss and damage accordingly, and in the event of such loss or damage shall hold the proceeds of such insurance on trust for the Company.
11.2. The Buyer’s right to the possession of the Goods shall cease if:
11.3. The Buyer has not paid for the Goods in full by the expiry of any credit period given.
11.4. The Buyer is declared bankrupt or makes any proposal to The Buyer creditors for compensation or other voluntary arrangement; or
11.5. A receiver, liquidator or administrator is appointed in respect of the Buyers business. On cessation of the Buyers right to possession of the Goods in accordance with this clause, the Buyer shall at the Company’s request and at the Buyers own expense, make the Goods available to the Company and allow to repossess them. If the Buyer fails to do so forthwith, we shall be entitled at any time to enter the Buyers premises or the premises of any third party where the Goods are stored and repossess the Goods.
12.1. The Company reserves the right to change the advertised price at any time.
12.2. Unless otherwise stated all prices are for the cost of the goods alone ex works exclusive of VAT.
12.3. All prices quoted are based on the Company's standard production drawings. The Buyer may request reasonable variations to the agreed specifications and drawing but such variations must be approved by the Company in writing, and any extra cost arising to the Company there from shall be charged in addition to the quoted price. Under no circumstances may the Buyer instruct the Company's workmen to carry out variations without such consent. The company will not be liable for any damage of whatsoever nature arising from these instructions being ignored.
12.4. An extra charge above the price quoted will be made if the site where the equipment is to be installed is not ready, level, cleared, or easily accessible to normal transport on a ground floor site. It is the buyer's sole responsibility to obtain all necessary permissions and consents for an installation which may be required by Law or by third parties.
12.5 Should the Company incur any extra cost due to lack of instructions, overtime working, abortive deliveries, suspension of the work, or delays caused by others, such extra cost will be added to the contract price and accordingly paid by the Buyer.
12.6 In addition to the prices stated herein the Buyer may be required to pay or reimburse the Company for any tax (except Income or Corporation tax) which may now or hereafter be imposed by any taxing authority in respect of the goods and services contracted for. In the event that the company shall be required to pay such tax, the Buyer shall reimburse the Company for such payment.
12.7 The cost for collection and disposal of obligatory electrical items as specified in the WEEE directive, is not included in the selling price. However upon request at the end of product life, collection and disposal can be arranged for a fee. When ordering like for like replacements, if disposal of the old unit(s) is required the product must be unplugged/disconnected from power supply, empty and in a reasonable state for transportation, Items(s) must be ready for collection at time of ordering replacement(s).
13. TERMS OF PAYMENT
13.1. All items for sale on our Web site are for immediate payment and are for the equipment/items and tailgate delivery only. If you require a quotation for Installation/project management or any other requirements that are excluded in these terms and conditions please contact us via email telephone with your requirements, accounts are available on application and subject to financial status checks prior to accounts being opened and payment terms agreed, in most cases this would initially be on a pro forma basis. Approved account customers, all sums become due and payable under these terms and conditions Thirty (30) days from date of invoice. To Non account holders, goods will only be released on receiving cleared funds.
13.2 Time for payment shall be of the essence.
13.3. No payment shall be deemed to have been received, until the Company has received cleared funds.
13.4 All payments shall be due without any deduction whether by way of set off counter claim, discount, abatement or otherwise unless the buyer has a valid court order requiring an amount equal to such deduction.
13.5. If the Buyer fails to pay the Company any sum due pursuant to the Contract, the Buyer will be liable to pay interest to the Company of such sum from the due date for payment at the annual rate of 2% above the base lending rate of Nat West Bank Plc, accruing on a daily basis until the payment is made, whether before or after any judgment, together with all direct expenses incurred in attempting to collect amounts outstanding. The company reserves the right to claim interest under the Late Payment Of Commercial Debts (interest) Act 1998.
13.6 Credit Facilities may be revoked at the absolute discretion of the Company, all outstanding balances will be payable immediately.
13.7. All unpaid cheques returned by the bank will have an Administration fee of £25.00 levied to the account.
13.8 Full, legal and beneficial ownership shall not pass to The Buyer until The Company has received cleared funds for all monies due.
13.9 Until such time that the full ownership passes to The buyer, goods should be identified as the property of The Company, be stored separately from goods owned by The Buyer, and must be properly stored, protected and insured.
13.10 The company serves the right at any time at its discretion to demand security for payment before continuing with or delivery of any order.
14.1 The warranties referred to shall not apply to the goods where the goods are exported to or installed in countries outside the United Kingdom . The warranty applies to U.K. Mainland only and does not apply to goods that have not been paid for in full.
14.2 Goods supplied by the Company are guaranteed in accordance with the terms of the manufacturer’s warranty provided unless otherwise stated on the buyers invoice.
14.3 Warranties will not apply to wear and tear, or if a product has been damaged, misused, or altered in any way, or if the goods have been disassembled, partly used or the seals or labels have been removed or tampered with. Warranties exclude perishable parts such as door seals, light bulbs and non mechanical electrical parts including handles, feet & hinges are excluded from the warranty. The warranties will not include goods that have been damaged by fire, water or smoke, or have exceeded their warranty period, or are sterile and or/disposable. This also applies where a machine has not been properly maintained, including cleaning and de-scaling where applicable.
14.4 Any defect or suspected defect must be notified to the Company in writing within 14 days of receipt of delivery.
14.5 The warranty does not apply to grade B products or second hand products supplied hereunder or to damage to any part caused by overloading, abuse, misuse, tampering, neglect or accident or putting to use other than normally recommended by the Company.
14.6 Warranties exclude the loss of food or contents of the equipment and or any claim in excess of the contract price or to any damage caused by the buyer's failure to notify the Company of a defect. Or if the defect arises because the Buyer failed to follow the Company’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or the Buyer alters or repairs such Goods without the written consent of the Company.
14.7. This warranty is in lieu of all other warranties expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, and in no event shall the Company be liable for consequential loss or special damage.
14.8 The Company warranties as follows:
14.9. Part Replacement Warranty the warranty is limited to the free replacement of spare parts only. Excludes the payment of removal or installation charges of warranted parts. Defective parts must be returned to the company by the buyer and at their own cost within 14 days from the supply of a new replacement part. Failure to return any defective parts within the time limit will result in the company issuing the full charge of the part sent. The company at any time may ask for a deposit prior to dispatch of the new parts.
14.10. Back To Base Warranty where the warranty on certain goods requires the item to be delivered to the workshops for repair, the arrangement and cost of which is the responsibility of the buyer. It is advisable on returning the goods that they are sent recorded delivery. The company will not take responsibility of any damage or loss during transit. Machines returned for repair in warranty where it is found that the machine has been abused, or has not been used as it was designed, will be charged to the buyer.
14.11. Parts & Labour Warranty Where “a parts & labour “warranty is given, the goods are repaired by a qualified person appointed or agreed by the company and the buyer and the cost of such repairs is agreed before hand by the company in writing. All warranty call outs from the buyer are accepted on the basis that they are valid and covered by the manufactures warranty. Irrespective of the issue the Company will require an order to be placed prior to any repairs being carried out, that there are no outstanding debts owed to the company, If the call out is under warranty there will be no charges levied. Any charges levied in respect of abortive visits or for work deemed by the manufactures not to be valid under the terms of the manufactures warranty shall be recharged, including all charges due to incorrect installation (where installation was not provided by the company). Such charges will be invoiced to the buyer to whom the company supplied and invoiced the equipment concerned. Warranty claims only cover defects caused by faulty manufacturer, materials or workmanship. It does not cover defects caused by unsuitable storage conditions or processing, abnormal use, misuse or neglect or installation by unauthorized or unqualified personnel. The company shall be under no liability whatsoever to the buyer or any indirect loss and/or expense (including loss of profit, revenue, business, goodwill) suffered by the company howsoever arising whether by act or defect of the company or otherwise. All warranties and conditions whether implied by statue or otherwise are excluded from this contract to the extent permitted by law provided that nothing in this contract shall restrict or exclude liability for death or personnel injury caused by the negligence of the seller. No liability of any kind is accepted for any oral representation of any kind by the company or its personnel. A qualified engineer must install all equipment and proof of invoice may be required to validate any warranty claims.
14.12. Any Goods replaced will belong to the Company and any repaired or replacement Goods will be guaranteed on these terms for the unexpired portion of the warranty term.
14.13. The manufacture warranty will commence of the date of the buyers invoice.
14.14. Any other condition, warranty, representation or undertaking of the company as to the quality of the goods or their fitness or suitability for any purpose which may implied by statute , custom of the trade or suitability for any purpose which may be implied by statute, custom of the trade or otherwise is excluded and the provisions of sections 13 to 15 of the sale of goods act 1979 shall not apply to the contract expect where the buyer deals as a consumer within the meaning of section 12 Unfair Contract Terms Act 1977
14.15. The warranty does not cover for the replacement of any damaged glass panels/shelves or for fluorescent lights/quartz heat lamp fittings.
14.16. The warranty does not cover for the loss of food in refrigerators/freezers, should these items fail. We would therefore recommend that you seek a separate insurance policy to cover this particular matter.
14.17 With reference to the chilled display servery units, we would point out that the displays are designed to hold produce at 5oC and that all produce must be pre-chilled to 5oC or less prior to being placed in the display. On the open display wells, it must also be borne in mind that the produce displayed must not be placed so as to block the air return and outlet slots within the well.
14.18 With reference to the Water softeners, these are expendable units and the cartridges will need replacing on a regular basis. This should form part of your regular maintenance regime and depending on your location and equipment use, will need to be replaced to maintain optimum performance and protection of equipment, please contact DFCE Ltd or the manufacturers direct to arrange survey and planned replacements.
14.19 Warranties are void on any Gas equipment supplied if it has been installed by a non Gas Safe registered installer
14.20. Any warranty call outs within the warranty period will need to be covered by an order or proforma invoice, this fully refundable if the fault is a warranty covered issue. Please ensure that your equipment is not misused is positioned as per the operators manual connected to correct services and regularly maintained as detailed in the O and M manuals.
15. FORCE MAJEUR
15.1. The Company shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including without limitation, strikes, lockouts and other industrial disputes).
16.1. The buyer is responsible for deciding on the suitability of goods and for the consequences arising from any work. The Company undertakes on the goods at the buyer’s request.
16.2. As a result of continuing product development and improvement, the specification or design of goods may vary from that shown.
16.3. Telephone calls may be recorded and used for training and/or monitoring purposes. All errors and omissions excepted. All trademarks acknowledged.
16.4. In addition to the rights and remedies of the Company expressed herein, the Company shall have the rights and remedies conferred by law, and shall not be required to proceed with the agreement it the Buyer is in default in the performance of this, or any other agreement with the Company.
16.5. The Company reserves the right to sub-contract any order or part of an order.
16.6. Any clerical errors or omissions contained by the Company's quotation, acknowledgement or invoice shall be rectified by the Company on discovery and immediately notified to the buyer, such errors or omissions shall be binding on the Company and the rectification thereof shall not invalidate the contract.
16.7. Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
16.8. If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect
16.9. Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
16.10. Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
16.11. The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
16.12. The formation, existence, construction, performance, validity and all aspects of the Contract, shall be governed by English Law and the parties submit to the exclusive jurisdiction of the English Courts.
17.1. Any dispute arising out of the contract, including the construction or interpretation of its provisions shall be settled by a single arbitrator appointed by agreed parties or failing such agreement by the president of the law society of England and Wales , at the request of either party. This shall be deemed to be a submission to arbitration within the meaning of the arbitration act 1950, or any statutory be-enactment or replacement thereof.
17.2. The Buyer can request and authorise the Company to rely and act upon all apparently valid communications as instructions properly authorised by the Buyer even if they may conflict with any other instructions given at any time concerning contracts, services and all other requirements.
18. LIMITATION OF LIABILITY
18.1. Subject to clause 4, clause 7 and clause 13, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
18.2. Any breach of these Conditions;
18.3. Any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
18.4. Any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
18.5. Nothing in these Conditions shall impose on the Company any liability in respect of any representation, suggestion or comment with regard to the Goods made by the Company, its employees or agents in the course of any negotiations between the Company and the Buyer (including but not limited to any performance figures given by the Company) leading to the making of the Contract unless in the case of any such representation the Company has expressly agreed in writing that it shall be a term of the Contract. Nothing in this Condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.
18.6. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 14 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
18.7. Nothing in these Conditions excludes or limits the liability of the Company:
18.8. For death or personal injury caused by the Company's negligence; or
18.9. Under section 2(3), Consumer Protection Act 1987; or
18.10. For any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
18.11. For fraud or fraudulent misrepresentation.
18.12. Subject to Condition 14.3 and Condition 14.4:
18.13. The Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
18.14. the Company shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill, loss of opportunity, loss of data, loss of use, loss of contracts, loss of expected savings or interruption to the Buyer’s business, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract