1. GENERAL
a. In these Conditions TJA (UK) LTD is called "the Company", and
the individual, firm, company or other party with whom the Company contracts
is called "the Customer" and "Goods" means the goods,
articles and materials which are to be supplied by the Company pursuant
to the Contract (as hereinafter defined).
b. Any contract howsoever made between the Company and the Customer ("the
Contract") shall incorporate and be subject to these Conditions and
which shall in all circumstances override any and all other terms and conditions
of trading, sale or purchase howsoever and whensoever referred to.
c. Unless otherwise specifically provided herein all reference to sterling
or sterling amounts are expressed in terms of the lawful tender of England.
All payments to be made in connection with the Contract are to be made in
lawful money of England.
d. Any reference in these Conditions to any provision of a statute shall
be construed as a reference to that provision as amended, re-enacted or
extended at the relevant time.
e. The headings in these Conditions are for convenience only and shall
not affect their interpretation.
2. BASIS OF THE SALE AND THE SUPPLY OF INFORMATION
As part of our service, we agree to provide you with information and
other services that we may decide to offer, subject to the terms of this
agreement. Upon notice published through the service, we may modify this
agreement at any time. You agree and continue to agree to use our services
in a manner consistent with all applicable laws and regulations and in
accordance with the terms and conditions set out in the policies and guidelines
outlined below. Please note that you will be referred to as ‘customer’ in
this agreement.
a. The Company shall sell and the Customer shall purchase the goods in
accordance with any written quotation of the Company which is accepted by
the Customer, or any order of the Customer which is accepted by the Company
whether over the Internet or otherwise, subject in either case to these
Conditions, which shall govern the Contract to the exclusion of any other
terms and conditions subject to which any such quotation is accepted or
purported to be accepted, or any such order is made or purported to be made,
by the Customer.
b. No variation to these Conditions shall be binding unless agreed in writing
between the authorised representatives of the Customer and the Company.
c. The Company’s employees or agents are not authorised to make any
representations concerning the goods unless confirmed by the Company in
writing. In entering into the Contract the Customer acknowledges that it
does not rely on any such representations which are not so confirmed.
d. Any advice or recommendation given by the Company or its employees or
agents to the Customer or its employees or agents as to the storage, application
or use of the goods which is not confirmed in writing by the Company or
which is not included on the Company’s website or in the instructions
with the goods is followed or acted upon entirely at the Customer’s
own risk, and accordingly the Company shall not be liable for any such advice
or recommendation which is not so confirmed.
e. Any typographical, clerical or other error or omission in any sales
literature, quotation, price list, acceptance of offer, invoice or other
document or information issued by the Company whether online or not shall
be subject to correction without any liability on the part of the Company.
[f. No order submitted by the Customer shall be deemed to be accepted by
the Company unless and until confirmed in writing by the Company’s
authorised representative.]
g. All information contained within the Company’s website is as per
the manufacturers. The suggestions on these pages do not constitute any
form of medical advice for these have been prepared only as a guide. Only
a registered qualified medical or other health care practitioner can give
advice as to the product that will serve the patient in their best interest.
NB: if your client has a medical condition they should let their doctor
know that they are taking nutritional supplements.
g. The Company reserves the right to handle all customer services and
support via email or physical written correspondence.
3. TESTIMONIALS
The Company reserves the right to publish Customer testimonials supplied
to the Company in writing for marketing purposes in all mediums and
the Customer by submitting a testimonial to the Company in writing on
acceptance of the incentive offered by the Company is deemed to have entered
into a contract of agreement with the Company that the Company may publish
the testimonial that is supplied to the Company in writing for marketing
purposes and in all mediums. The Customer reserves the right not
to give their full name when submitting their testimonial to the Company.
4. CANCELLATION, RETURNS AND WARRANTY
a. The Contract may not be cancelled by the Customer later than fourteen days
of the date of acceptance of the order under 2 (f) and any cancellation
shall only be effective if in writing within such period of fourteen days
and have been confirmed in writing by a Director of the Company within 7
days of any such cancellation notice. The Customer may not cancel the Contract
thereafter save that if the Company shall in its absolute discretion agree
to accept cancellation by the Customer outside the fourteen day period the
Customer shall pay the Company a sum equal to 25% plus VAT of the full invoice
value by way of a minimum cancellation charge.
b. The Company has an automatic money back guarantee for Tua Viso only
and under this guarantee the Customer is required to email or write to the
Company within 90 days of the invoice date to receive a Customer returns
authorisation number and notification of Company returns address by returns
authorisation email from the Company. The Company reserves the right
to decline any return from a Customer who cannot produce an accurate returns
authorisation number and/or fails to meet the terms and conditions of return
below (d).
c. The Company has an automatic one year warranty and under this warranty
the Customer is required to email or write to the Company within one year of
the invoice date to receive a Customer returns authorisation number and
notification of Company returns address by returns authorisation email from
the Company. The Company reserves the right to decline any return from
a Customer who cannot produce an accurate returns authorisation number
and/or fails to meet the terms and conditions of return below (d).
d. For all returns to be accepted
by the Company under the warranty or guarantee for Tua Viso of the Company
the following return terms and conditions must be met in full:
Return authorisation number written on the sales receipt where indicated and
brief reason for return written, the main unit in good condition in the
original packaging with the complete contents less any replaceable sponges
that may have been used and traceable shipping used such as recorded
delivery to the address advised by the Company's returns authorisation email
(b) and proof of date of purchase and authorisation number. If these returns
terms and conditions are not met in full the Company reserves the right to
not accept any return from the Customer and the Company will return the unit
back to the Customer and the Customer will automatically be charged the p&p
for the Company to return the unit to the customer.
e. The Customer acknowledges that
under the warranty they are liable for any postal/courier charges incurred
to the Company in the instance that the Company returns goods back to the
Customer, which the Company has inspected and found no fault. The
Customer is also liable for any charges incurred to the Company for any
relevant technical inspection required when no fault is found with the item.
f. The Customer acknowledges that
the Company may change a business address at any time and the Company
reserves the right to notify a change of address in writing to the Customer
and in the circumstances of return of goods to the Company from the Customer
under the Company's guarantee or warranty the Company will notify the
customer of change of address for returns in accordance with written
instructions for return and returns authorisation number (b) and (c) above
and such written notification of change of postal address is deemed by the
Company to supersede any previous address notification.
g. The Customer shall not be refunded for any returns received by the
Company later than 14 working days after issue of returns authorisation
number to the Customer by the Company.
5. NEW ACCOUNTS AND PROVISION OF CREDIT
New accounts will only be opened on production of satisfactory evidence
of the Customer’s ability to pay and credit facilities to any Customer
may be withdrawn by the Company at any time should the Company in its absolute
discretion think fit.]
6. VARIATION IN VOLUME OF GOODS
a. The Customer acknowledges that in accordance with normal practice the
Company will not always be able to supply all the goods specified in an
order and accordingly the Customer agrees to accept any lesser quantities
actually supplied (subject to full credit being given to it by the Company
for the shortfall) and the Company shall be released from any obligation
to supply the balance of the order.
b. The Company shall be deemed to have performed the Contract by delivery
of a quantity of goods to within 10% above or below the quantity ordered
and the Customer shall pay the unit price for the actual amount of the Goods
delivered.
c. The Company makes every effort to supply the goods as advertised but
reserves the right to vary actual dimensions, specifications and quantities
without prior notice.
d. In the event that the Company cannot supply the goods ordered by the
Customer, the Company reserves the right to supply goods of equal or superior
quality at no extra cost.
7. DELIVERY AND RISK
a. Any time or date stated for delivery is an estimate only. The Company
makes every effort to despatch goods on time but does not accept liability
for failure to deliver within the stated time.
b. Delivery of the goods shall be made to the Customer at the address specified
to the Company and the risk in respect of all goods shall pass to the Customer
at the time of delivery (save as provided in (c) below). Notwithstanding
such delivery, the property in and title to the goods shall not pass to
the Customer except as provided in Condition 7.
c. In the case of sales within the U.K., unless otherwise agreed in writing,
the Company shall on behalf of the Customer arrange for the carriage of
the goods and the carrier selected by the Company shall be deemed to be
the agent of the Customer. Special notice is directed to the fact that in
accordance with the provisions of Section 32 of the Sale of Goods Act 1979
delivery to the carrier will, in such circumstances constitute delivery
to the Customer. The Company shall for the purposes of Section 32(2) of
the Sale of Goods Act 1979 be deemed to have the Customer’s authority
to make such contract with the carrier which the Company considers reasonable.
d. Without prejudice to the generality of (c) above and (e) below and without
any admission of liability or responsibility for carriage of the goods below:
i. the Company in its absolute discretion may consider a claim for damage
or pilferage in transit if both the Company and the carrier are both notified
in writing on the date of receipt of the goods but in no circumstances will
the Company consider a claim where an unqualified receipt for the goods
has been given;
ii. if the goods are not received by the Customer within 14 days of the
date of the invoice, the Customer must immediately notify the Company in
writing of such non-receipt. If the Customer does not so notify the Company
in such circumstances the Customer shall pay the whole of the invoice price
to the Company, whether or not the goods are ever received by the Customer.
e. Arrangements in respect of delivery and risk in the case of sale outside
the U.K. shall be as agreed between the Company and the Customer on the
relevant occasion but shall unless otherwise agreed in writing be deemed
to be ex works of the Company as defined in the relevant edition of Incoterms.
f. If the Customer cannot accept delivery, the Company may at its option
(i) store and insure the goods at the Customer’s expense and risk
or (ii) sell the goods at the best price reasonably obtainable and (after
deducting reasonable storage insurance and selling costs) pay to the Customer
any excess over the sale price or charge the Customer for any shortfall.
g. The Company uses a courier to deliver goods to the Customer and if the
courier does not deliver successfully to the Customer on two occasions
because the courier reports that the Customer was not present at the
premises to sign for the delivery the Company reserves the right to
automatically charge
the Customer the cost of re-delivery that is liable to the Company from the
courier. The notification of door colour or other description of the Customer's delivery
address premises by the courier company is deemed to be proof that the
courier has attempted to deliver to the Customer and the Company reserves
the right to consider this a failed delivery attempt. The Company also
reserves the right to charge the Customer the charge from the courier
company for any re-directions to an alternative delivery address.
8. TITLE
Until the Company has received full payment for the goods comprised in
the Contract between the Company and the Customer:
a. The title to and property in the goods shall remain vested in the
Company (notwithstanding the delivery of the same and the passing of the
risk therein).
b. The Company may at any time and from time to time until the property
in the goods has passed to the Customer require the goods to be returned
to it after payment has become due and if this requirement is not immediately
complied with may recover and if thought fit sell the goods and any such
return or recovery shall be without prejudice to the obligation of the Customer
to purchase or pay for the goods. For the purpose of exercising its rights
under this sub-clause (b) the Company shall be entitled to free and unrestricted
entry upon the Customer’s premises and/or all other locations where
the goods are situated and such licence shall be irrevocable on the part
of the Customer.
c. The Customer shall not be entitled to pledge or in any way charge by
way of security for any indebtedness any of the goods which remain the property
of the Company, but if the Customer does so all moneys owing by the Customer
to the Company shall (without prejudice to any other right or remedy of
the Company) forthwith become due and payable.
d. The rights and remedies conferred upon the Company by this Clause 7
are in addition to and shall not in any way prejudice, limit or restrict
any other rights or remedies of the Company under the Contract.
9. PERFORMANCE
a. The Company shall not be liable to the Customer or be deemed to be in
breach of the Contract by reason of any delay in performing, or any failure
to perform, any of the Company’s obligations in relation to the Contract,
if the delay or failure was due to any cause beyond the Company’s
reasonable control. Without prejudice to the generality of the foregoing,
the following shall be regarded as causes beyond the Company’s reasonable
control :
i. Act of God, explosion, flood, tempest, fire or accident;
ii. war or threat of war, sabotage, insurrection, civil disturbance or
requisition;
iii. acts, restrictions, regulations, bye-laws, prohibitions or measures
of any kind on the part of any governmental, parliamentary or local authority;
iv. import or export regulations or embargoes;
v. strikes, lock-outs or other industrial actions or trade disputes (whether
involving employees of the Company or of a third party);
vi. difficulties in obtaining raw materials, labour, fuel, parts or machinery;
vii. power failure or breakdown in machinery.
The Company shall not have any liability to the Customer for any direct
or consequential loss or damage suffered by the Customer as a result of
the Company’s inability to perform its obligation under the Contract
in the aforementioned circumstances.
b. Where goods are delivered by instalments each such instalment shall
be deemed to be sold or supplied under a separate contract to which these
Conditions shall apply (mutatis mutandis) and no default in respect of any
one instalment shall affect or prejudice due performance of the Contract
as regards any other instalments.
10. ACCEPTANCE
a. The Customer shall inspect the goods immediately on receipt and the
Customer shall be deemed to have accepted the goods as being in conformity
with the Contract and shall be bound to pay for them unless written notice
of rejection is received by the Company within 14 days of receipt.
i. Where the notice of rejection is on the basis of non-conformity with
the Contract and is valid in respect of any of the goods having any defect
in the quality or condition of the goods or their failure to meet specification
and is notified to the Company in accordance with these Conditions, the
Company shall refund to the Customer any delivery charge involved in the
sending of such goods to the Customer and in returning the goods to the
Company and shall be entitled to replace the goods (or the part in question)
free of charge or, at the Company’s sole discretion, refund to the
Customer the price of the goods (or a proportionate part of the price),
but the Company shall have no further liability to the Customer.
ii. With the exception of non-stock items and Clearance Bargains the Customer
may also reject any goods and return them to the Company for a replacement
or refund in any circumstance if notified to the Company in accordance with
these Conditions. In such situations the Customer will be liable for the
original charge for delivery to the Customer and any delivery charge incurred
in returning such goods.
b. If after notice of rejection has been given, the Customer deals with
the goods as owner thereof or if any conduct of the Customer is inconsistent
with such rejection or with the ownership of the goods by the Company, the
Customer shall be deemed to have accepted them and be bound to pay the Contract
price.
c. Without prejudice to the generality of (a) and (b) above and without
in any way admitting liability therefore the Company in its absolute discretion
will give careful and constructive consideration to any request by the Customer
for the return of any of the goods to the Company outside the 14 day period
mentioned in (a) above but in no circumstances will the Company accept goods
returned to the Company under this sub-clause without a prior agreement
authorised by a Director of the Company, and the Company reserves the right
to sell any goods so returned without agreement if it shall in its absolute
discretion think fit any such sale being without prejudice to the obligations
of the Customer to pay in full for such goods (subject to being credited
with the proceeds of any sale by the Company after deduction of all costs
and expenses of sale).
11. LIABILITY
a. Subject to the conditions set out below the Company warrants that the
goods will correspond with the description and/or sample at the date of
the order and are fit for the purpose for which they are sold at the time
of delivery and for a reasonable period thereafter subject to the provisions
of 10(b) and the [manufacturer’s warranty].
b. The above warranty is given by the Company subject to the following
conditions :
i. The Company shall be under no liability in respect of any defect arising
from fair wear and tear, wilful damage, negligence, abnormal working or
storage conditions, abnormal use, failure to follow the Company’s
instructions (whether oral or in writing), misuse or alteration or repair
of the goods without the Company’s approval;
ii. The Company shall be under no liability under the above warranty (or
any other warranty, condition or guarantee) if the total price for the goods
has not been paid by the due date for payment;
iii. the Company shall be under no liability where goods are sold by the
Company to the Customer on the basis of being "sold as seen" and
the Company expressly disclaims all warranties, either express or implied,
including implied warranties of merchantability or fitness for a particular
purpose.
iv. all goods are sold subject to availability and where relevant all goods
are offered to the Customer subject to being unsold.
v. the above warranty does not extend to parts, materials or equipment
not manufactured by the Company, in respect of which the Customer shall
only be entitled to the benefit of any such warranty or guarantee as is
given by the manufacturer to the Company.
[c. The Company shall maintain product liability insurance on the goods.
A certificate of insurance shall be provided to the Customer upon the Customer’s
written request,]
d. Subject as expressly provided in these Conditions, and except where
the goods are sold to a person dealing as a consumer (within the meaning
of the Unfair Contract Terms Act 1977), all warranties, conditions
or other terms implied by statute, common law, custom or usage or otherwise
are excluded to the fullest extent permitted by law.
e. Where the goods are sold under a consumer transaction (as defined by
the Consumer Transaction (Restrictions on Statements) Order 1976) the statutory
rights of the Customer is not affected by these Conditions.
f. Except in respect of death or personal injury caused by the Company’s
negligence, the Company shall not be liable to the Customer by reason of
any representation (unless fraudulent), or any implied warranty, condition
or other term, or any duty at common law, or under the express terms of
the Contract, for any indirect, special or consequential loss or damage
(whether for loss of profit or otherwise), costs, expenses or other claims
for compensation whatsoever (whether caused by the negligence of the Company,
its employees or agents or otherwise) which arise out of or in connection
with the supply of the goods or their use or resale by the Customer, and
the entire liability of the Company under or in connection with the Contract
shall not exceed the price of the goods, except as expressly provided in
these Conditions.
12. PAYMENT
a. Unless otherwise shown on the invoice the price shall be due and payable
in full on order unless special concession has been given for payment terms
and then the price shall be paid in full within 30 days of the Company’s
invoice and the Company shall be entitled to recover the price, notwithstanding
that delivery may not have taken place and the property in the goods has
not passed to the Customer. The time of payment of the price shall be of
the essence of the Contract. Receipts for payment will be issued only upon
request.
b. All order or items that require special packaging and orders from Southern
and Northern Ireland, Channel Islands and any country outside the United
Kingdom will be subject to individual delivery charge, such charges will
be notified to the Customer and the Contract shall proceed upon receipt
of acceptance of this notification by the Customer.
c. All quotations by the Company are exclusive of Value Added Tax or any
similar levies or duties unless otherwise stated and the Company shall be
entitled to add such items to the price stated on the order form.
d. Should default be made by a Customer in paying any sum due under any
order, as and when it becomes due, the Company shall have the right to suspend
all further deliveries as well as all work in hand on the order in respect
of which default occurred and any other order until the default is made
good.
e. The Company shall have the right, in addition to any other remedies
it may have against the Customer, to charge interest on all principal sums
due from time to time when such sums are 30 days overdue until payment at
the rate of 4% over the Base Rate from time to time of Barclays Bank PLC.
f. The price applicable to the goods shall be that shown by the acceptance
of the order as referred to in 2(f). If this acceptance shall contain any
error the Company shall have the right to amend the same and notify the
Customer accordingly whereupon the Contract shall proceed on the basis of
the amended price upon receipt of acceptance of this notification by the
Customer.
g. The Company reserves the right, by giving notice to the Customer at
any time before delivery, to increase the price of the goods to reflect
any increase in the cost to the Company which is due to any factor beyond
the control of the Company (such as, without limitation, any foreign exchange
fluctuation, currency regulation, alteration of duties, significant increase
in the costs of labour, materials or other costs of manufacture and/or the
cost of transportation or delivery), any change in delivery dates, quantities
or specifications for the Goods which is requested by the Customer, or any
delay caused by any instructions of the Customer or failure of the Customer
to give the Company adequate information or instructions. The Company shall
notify the Customer accordingly whereupon the Contract shall proceed on
the basis of the amended price upon receipt of acceptance of this notification
by the Customer.
13. INDEMNITY
The Customer will fully indemnify the Company in respect
of any infringement of any patent, licence, copyright, design, trademark
or other industrial or intellectual property rights of any third party
arising out of the Customer’s unauthorised use of any designs, drawings or
data given to the Company by the Customer in connection with the execution
of the Customer’s order for the goods.
14. DESIGNS, TRADEMARKS AND INTERNET IMAGES
a. All designs prepared by the Company are the property of the Company,
are the subject of copyright and may not be used or copied without
the consent in writing of the Company.
b. The Customer agrees that it shall not remove or alter any trademarks
that are affixed to the goods nor affix any additional trademarks or trade
designations to any of the goods that bear the trademarks, without the prior
written consent of the Company.
c. All images used on the Company’s Literature and Internet site
are subject to copyright protection and may not be copied and used for commercial
gain in any form specifically including, but not limited to, use on the
Internet.
d. All images used on the Company’s Literature and Internet site
do not breach any third party’s intellectual property rights to the
best of the Company’s knowledge, but in the event that any such images
do they will be removed immediately on receipt of proof of breach.
15. INSOLVENCY AND BREACH OF CONTRACT
In the event that:
a. The Customer shall commit any breach of the Contract and shall fail
to remedy such breach (if capable of remedy) within a period of fourteen
days from receipt of notice in writing from the Company, requesting
such breach be remedied, or
b. Any distress or execution is levied upon any of the goods or property
of the Customer, orc. The Customer (or where the Customer is a partnership
any partner thereof) offers to make any arrangements with or for the
benefit of its or his creditors
or commits any act of bankruptcy, or
d. The Customer (being a limited company) has a Receiver appointed of the
whole or any part of its undertaking property or assets or an order is made
or a resolution is passed or analogous proceedings are taken for the winding
up of the Customer (save for the purpose of reconstruction or amalgamation
without insolvency and previously approved in writing by the Company)
the Company shall thereupon be entitled, without prejudice to its other
rights hereunder, forthwith to suspend all further deliveries until the
default has been made good or to determine the Contract or any unfulfilled
part thereof or at the Company’s option to make partial supplies of
goods. Notwithstanding any such termination, the Customer shall pay to the
Company at the appropriate rate for all goods delivered up to and including
the date of termination.
16. EXPORT TERMS
a. In these Conditions ‘Incoterms’ means the international rules
for the interpretation of trade terms of the International Chamber of
Commerce as in force at the date when the Contract is made. Unless the context
otherwise
requires, any term or expression which is defined in or given a particular
meaning by the provisions of Incoterms shall have the same meaning in
these Conditions, but if there is any conflict between the provisions of
Incoterms
and these Conditions, the latter shall prevail.
b. Where the goods are supplied for export from the United Kingdom, the
provisions of this clause 15 shall (subject to any special terms agreed
in writing between the Company and the Customer) apply notwithstanding
any other provision of these Conditions.
c. The Customer shall be responsible for complying with any legislation
or regulations governing the importation of the goods into the country of
destination and for payment of any duties on them.
d. The Customer shall be responsible for covering the transportation insurance
of 110% of the value of the goods against all risks including war risks,
strikes, riots and civil commotion.
e. Unless otherwise agreed in writing between the Company and the Customer,
the goods shall be delivered ex works and the Company shall be under no
obligation to give notice under section 32(3) of the Sale of Goods Act 1979.
f. The Customer shall be responsible for testing and inspection of the
goods at the Company’s premises if appropriate before shipment. The
Company shall have no liability for any claim in respect of any defect in
the goods which would be apparent on inspection and which is made after
shipment, or in respect of any damage during transit.
g. The Company makes no representation or warranty as to the Customer’s
intended use of the goods in the county of importation or ultimate consumption.
The Customer shall satisfy itself that the goods comply with any regulations
as to safety, packaging and marking in the country of importation or ultimate
consumption.
h. The Customer shall comply with all laws and regulation as may apply
in the county of importation, as applicable to the Contract and all transactions
and activities contemplated or to be performed hereunder, and shall procure
and maintain all approvals, licences, permissions, registrations, notifications,
and permits necessary to permit it to sell the goods in a manner so as not
to bring discredit upon the reputation of the goods or the Company. The
Customer shall satisfy the Company (to the Company’s reasonable satisfaction)
of same prior to delivery.
i. Subject to any statements to the contrary on the order sheet payment
of all amounts due to the Company shall be made by irrevocable letter of
credit opened by the Customer in favour of the Company and confirmed by
a bank in the United Kingdom acceptable to the Company.
j. The right to recover interest under provision 11 (e) is without prejudice
to any claim for damages recoverable under the United Nations Convention
on Contracts for the International Sale of Goods.
k. Each and every Contract made pursuant to these Conditions shall be governed
by and construed in all respects in accordance with the Laws of England
and the Company and the Customer irrevocably (i) submit to the non-exclusive
jurisdiction of the English Courts, and (ii) hereto hereby agree that the
application of the United Nations Convention on Contracts for the International
Sale of Goods does not apply to the Contract and is strictly excluded.
e. The Customer undertakes not to offer the goods for resale in the United
Kingdom or any other country outside the territory or territories as agreed
by the Company at or before the time the Customer’s order is placed,
or to sell the goods to any third party if the Customer knows or has
reason to believe that the third party intends to resell the goods in any
such
country.
17. HEALTH AND SAFETY
In accordance with the Health and Safety at Work etc Act 1974 and the Consumer
Protection Act 1987, the Company confirms that the goods it supplies
as a distributor do not present a hazard to health and safety when properly
used for the purpose for which they are designed and when the Customer
takes
reasonable and normal precautions in their use.
18. RELATIONSHIP OF THE
PARTIES
The relationship between the Company and the Customer is intended to be
and shall be that of buyer and seller. The Customer and its employees, agents
and representatives shall under no circumstances be considered agents, partners,
joint venturers or representatives of the Company. The Customer shall not
act or attempt to act, or represent itself, directly or by implication,
as agent, joint venturer, partner or representative of the Company, or in
any manner assume or attempt to assume or create any obligation or liability
of any kind, nature or sort, express or implied, on behalf or in the name
of the Company.
19. SEVERANCE
If at any time any one or more of the provisions of these
Conditions becomes invalid, illegal or unenforceable in any respect under
any law, the validity
and enforceability of the remaining provisions hereof shall not in any
way be affected or impaired thereby.
20. WAIVER
The rights and remedies of the Company under the Contract shall
not be diminished, waived or extinguished by the granting of any indulgence,
forbearance
or extension of time by the Company nor by any failure of or delay by
the Company in asserting or exercising any such rights or remedies.
21. TRAINING
The Company may at its discretion record telephone transactions
for staff training purposes. The tapes are erased after review.
22. NOTICE
Any notice required or desired to be given under the Contract
shall be in writing and shall be deemed to have been duly served if delivered
or
sent by email, facsimile transmission or first class post correctly addressed
to the relevant party at and any notice so given shall be deemed to have
been given at he time of receipt.
23. LAW
These Conditions and each and every Contract made pursuant thereto shall
be governed by and construed in all respects in accordance with the Laws
of England and the Company and the Customer irrevocably submit to the non-exclusive
jurisdiction of the English Courts.
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