{"seo":{"metaTitle":"Terms and conditions of sale | Victory Leisure Homes","metaDescription":null,"keywords":null,"metaRobots":null,"metaViewport":null,"canonicalURL":"/policy-hub/terms-and-conditions-of-sale","structuredData":null,"metaImage":{"data":{"attributes":{"name":"victory-logo.svg","alternativeText":"victory-logo.svg","url":"https://res.cloudinary.com/rixdigital/image/upload/v1662477960/victoryleisurehomes.co.uk/strapi-uploads/victory_logo_5f9219fdfa.svg","width":88,"height":48}}}},"title":"Terms and conditions of sale","slug":"terms-and-conditions-of-sale","content":"

VICTORY LEISURE HOMES LIMITED TERMS AND CONDITIONS OF SUPPLY 2022

","isBanner":false,"accordion":[],"dropdownAccordion":[{"heading":"1. Interpretation","description":"

1.1 The definitions and rules of interpretation in this condition apply in these conditions.
Buyer: the holiday park operator or distributor who purchases the Goods from the Company.
Company: Victory Leisure Homes Limited (company number 6800412) whose registered office is at 2 Humber Quays, Wellington Street West, Hull, HU1 2BN.
Consumer Guarantee: the warranty provided by the Company to the First Owner only and which is provided with the Company handbook.
Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions and the Company’s related quotation.
Delivery Point: the place where delivery of the Goods is to take place under condition 4.
First Owner: a person, being a consumer, buying the Goods from the Buyer who will be the first owner of the Goods and shall never be the Buyer even if the Buyer intends to use the Goods commercially.
Goods: new leisure homes or any other ancillary goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 Words in the singular include the plural and in the plural include the singular.
1.4 A reference to one gender includes a reference to the other gender.
1.5 Condition headings do not affect the interpretation of these conditions.

"},{"heading":"2. Application of terms","description":"

2.1 Subject to any variation under condition 2.3 the Contract shall 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) or implied by trade, custom, practice or course of dealing.
2.2 No terms or conditions endorsed on, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
2.3 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 the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.
2.4 Each order or acceptance of a quotation for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.
2.5 No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer.
2.6 The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate as detailed on the Company's quotation.
2.7 Any quotation is given on the basis that no Contract shall come into existence until the Company despatches an acknowledgement of order to the Buyer. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.

"},{"heading":"3. Description","description":"

3.1 The quantity and description of the Goods shall be as set out in the Company’s quotation.
3.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample under any circumstances unless the Company has agreed in writing to provide bespoke Goods. In relation to bespoke Goods the Company still reserves the right to make minor changes to the Goods or any components or decorations at any time.
3.3 The Buyer shall provide explanations as to the descriptions of the Goods to its customers as the Buyer acknowledges that the Goods may vary from batch to batch.
3.4 The Company reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement, and the Company shall notify the Buyer in any such event.

"},{"heading":"4. Delivery","description":"

4.1 Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place at the Company's place of business and are supplied on an Ex Works basis (as that term is defined in Incoterms 2010).
4.2 Unless otherwise agreed, the Buyer shall take delivery of the Goods within 5 working days of the Company giving it notice that the Goods are ready for delivery. Subject to condition 4.5 below, delivery shall be completed upon the Company making the Goods available to the Buyer (or the Buyer’s carrier) for collection at the Delivery Point. Buyer shall be responsible for the loading of the delivered Goods onto the Buyer’s (or the Buyer’s carrier’s) vehicle.
4.3 Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time and the Company will at its option provide the Buyer with updates in respect of delivery.
4.4 Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar 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), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days.
4.5 If for any reason the Buyer fails to accept delivery of any of the Goods within 5 working days of the Company’s notice that they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:
4.5.1 the Goods shall be deemed to have been delivered and the price shall immediately become due and payable;
4.5.2 risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company’s negligence) at such time as the Goods are so deemed to have been delivered; and
4.5.3 the Company may store the Goods until physical delivery, and the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance). Without prejudice to the Company’s right to recover from the Buyer any sums due to the Company, if the Buyer has not collected or accepted delivery of the Goods within 10 working days following the date upon which the price became due and payable
pursuant to condition 4.5.1 above, the Company may dispose of the Goods in such manner as the Company may determine and charge the Buyer for any shortfall below the price of such Goods.
4.6 Unless otherwise agreed in writing the Company shall make available the Goods for loading at the Delivery Point.
4.7 Due to the nature of the Goods delivery may be made by instalments which will be notified to the Buyer and each instalment shall be a separate Contract (which shall be invoiced and paid for separately) and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.

"},{"heading":"5. Non-delivery","description":"

5.1 The quantity and quality of any consignment of Goods as recorded by the Company on despatch from the Company’s place of business shall be conclusive evidence of the quantity and quality 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 the Buyer gives written notice to the Company of the non-delivery within 7 days 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 The Company shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by the Buyer’s failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the Goods.

"},{"heading":"6. Risk/title","description":"

6.1 The risk in the Goods shall pass to the Buyer on completion of delivery.
6.2 Title to the Goods shall not pass to the Buyer until the earlier of:
6.2.1 the Company receives payment in full (in cash or cleared funds) for the Goods and any other goods that the Company has supplied to the Buyer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums; and
6.2.2 the Buyer resells the Goods, in which case title to the Goods shall pass to the Buyer at the time specified in condition 6.4.
6.3 Until title to the Goods has passed to the Buyer, the Buyer shall:
6.3.1 store the Goods separately from all other goods held by the Buyer so that they remain readily identifiable as the Company's property;
6.3.2 not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
6.3.3 maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
6.3.4 notify the Company immediately if it becomes subject to any of the events listed in condition 11.2; and
6.3.5 give the Company such information relating to the Goods and the ongoing financial position of the Buyer as the Company may require from time to time.
6.4 Subject to condition 6.5, the Buyer may resell or use the Goods in the ordinary course of its business (but not otherwise) before the Company receives payment for the Goods. However, if the Buyer resells the Goods before that time:
6.4.1 it does so as principal and not as the Company's agent; and
6.4.2 title to the Goods shall pass from the Company to the Buyer immediately before the time at which resale by the Buyer occurs.
6.5 If before title to the Goods passes to the Buyer the Buyer becomes subject to any of the events listed in condition 11.2, then, without limiting any other right or remedy the Company may have:
6.5.1 the Buyer's right to resell the Goods or use them in the ordinary course of its business ceases immediately; and
6.5.2 the Company may at any time:
(a) require the Buyer to deliver up all Goods in its possession which have not been resold, or irrevocably incorporated into another product; and
(b) if the Buyer fails to do so promptly, enter any premises of the Buyer or of any third party where the Goods are stored in order to recover them.

"},{"heading":"7. Price","description":"

7.1 Unless otherwise agreed by the Company in writing and subject to conditions 7.3 and 7.4, the price for the Goods shall be the price set out in the Company’s quotation.
7.2 The price for the Goods shall be exclusive of any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts the Buyer shall pay in addition when it is due to pay for the Goods if appropriate.
7.3 The Company may, by giving notice to the Buyer at any time up to 30 days before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
7.3.1 any request by the Buyer to change the delivery date(s), quantities or types of Goods ordered, or any previously agreed specification for the Goods; or
7.3.2 any delay caused by any instructions of the Buyer or failure of the Buyer to give the Company adequate or accurate information or instructions.
7.4 The price of the Goods may be further amended by the Company as set out below:
7.4.1 the Company shall be entitled to increase the price of the Goods at any time up to 30 days before delivery to reflect any increase in the cost of the Goods that is due to any factor beyond the Company’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs) by a factor equal to or less than 5%; and
7.4.2 in the event that the Company wishes to increase the price of the Goods to reflect any such increase in the cost of the Goods by a factor exceeding the percentage increase referred to in condition 7.4.1 above, the following procedure shall apply:
a) the Company must provide the Buyer with written notice of the Company’s proposed amendment to the price of the Goods not less than 30 days prior to delivery;
b) the Buyer shall be entitled to reject the Company’s proposed amendment to the price of the Goods by giving the Company written notice within not less than 5 days following the Company’s related notice issued pursuant to condition 7.4.2a) above. If no such rejection notice is validly served by the Buyer, the price of the Goods shall be increased as per the Company’s such notice;
7.4.3 in the event that the Buyer validly rejects the Company’s proposed amendment to the price of the Goods pursuant to condition 7.4.2b) above, the Company may:
a) notwithstanding such rejection by the Buyer, amend the price of the Goods in accordance with the principles of condition 7.4.1 above with effect from the expiry date of the Company’s original notice served under condition 7.4.2a) above; and/or
b) without prejudice to the Company’s rights under condition 7.4.3a) above, terminate the Contract immediately by giving the Buyer written notice.

"},{"heading":"8. Payment","description":"

8.1 Subject to conditions 4.5 and 8.4, unless otherwise agreed payment of the price for the Goods is due in pounds sterling either on the due date stated on the Company's quotation or immediately upon the Goods being sold to a third party purchaser whichever is the earlier.
8.2 Time for payment shall be of the essence.
8.3 No payment shall be deemed to have been received until the Company has received cleared funds into a bank account nominated in writing by the Company.
8.4 All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.
8.5 The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.
8.6 If the Buyer fails to pay the Company any sum due pursuant to the Contract (and without prejudice to any other right or remedy), the Buyer shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of the Royal Bank of Scotland plc, accruing on a daily basis until payment is made, whether before or after any judgment. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

"},{"heading":"9. Quality","description":"

9.1 Notwithstanding any warranty that the Company may provide to a First Owner of the Goods, such warranty shall not apply to the Buyer (as the Buyer is not purchasing the Goods as a consumer). The Company warrants to the Buyer that (subject to the other provisions of these conditions) on delivery the Goods shall:
9.1.1 be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
9.1.2 be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that purpose to the Company in writing and the Company has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgement of the Company.
9.2 The Company shall not be liable for a breach of any of the warranties in condition 9.1 unless:
9.2.1 the Buyer gives written notice of the defect to the Company within 14 days following the relevant Goods physically being delivered to the Buyer or the Buyer’s carrier (whichever is earlier); and
9.2.2 the Company is given a reasonable opportunity after receiving the notice to examine such Goods and the Buyer (if asked to do so by the Company) returns such Goods to the Company’s place of business at the Buyer's cost for the examination to take place there.
9.3 The Company shall further not be liable for a breach of any of the warranties in condition 9.1 if:
9.3.1 the Buyer makes any further use of such Goods after giving such notice; or
9.3.2 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
9.3.3 the Buyer alters or repairs such Goods without the prior written or oral consent of the Company (other than for the purpose of commissioning);
or
9.3.4 the Goods are subject to normal wear and tear, wilful damage, negligence or abnormal storage/working conditions; or
9.3.5 the Goods differ from their specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements; or
9.3.6 the Buyer has not complied with condition 10 below.
9.4 Subject to condition 9.2 and condition 9.3, if any of the Goods do not conform with any of the warranties in condition 9.1 the Company shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall, at the Company’s expense, return the Goods or the part of such Goods which is defective to the Company.
9.5 If the Company complies with condition 9.4 it shall have no further liability for a breach of any of the warranties in condition 9.1 in respect of such Goods.
9.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
9.7 These Conditions shall apply to any repaired or replacement Goods supplied by the Company.

"},{"heading":"10. Buyer's obligations","description":"

10.1 The Buyer acknowledges that the Goods are supplied by the Company for re-sale and supplied with a Consumer Guarantee for the benefit of the First Owner only.
10.2 The Buyer may not re-sell the Goods with the benefit of the Consumer Guarantee other than to the First Owner. If the Buyer attempts to or does re-sell the Goods to anyone other than the First Owner the Company shall have no liability under the terms of the Consumer Guarantee or under the Consumer Rights Act 2015.
10.3 The Buyer shall be responsible for providing the information regarding the Consumer Guarantee to the First Owner in a clear and intelligible language which (if written) is legible drawing the First Owner's attention to any issues which may affect the purchasing decision. The Buyer shall keep a record of all information provided.
10.4 The Buyer shall be responsible for dealing with all enquiries, complaints or claims made by the First Owner in a timely manner. The Buyer shall keep an accurate record of all enquiries, complaints or claims made by the First Owner.
10.5 The Buyer must:
10.5.1 follow all procedures laid down by the Company;
10.5.2 complete a handover form with the First Owner (in such format as notified by the Company from time to time) and return all forms and checklists provided by the Company; and
10.5.3 follow all reasonable instructions issued from time to time by the Company.
10.6 The Buyer will comply with all standards and guidelines laid down by the National Caravan Council, the British Holiday & Home Park Association and in particular with all industry codes of practice including the Consumer Rights Act 2015, Consumer Protection from Unfair Trading Regulations 2008, Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
10.7 The Buyer will ensure that all acts done in relation to the Goods are carried out by fully qualified personnel who have been properly trained in accordance with all health and safety guidelines in order to provide quality Goods at a safe standard.
10.8 The Buyer undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the Company (“Confidential Information”), except:
10.8.1 to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising its rights or carrying out its obligations under or in connection with the Contract and shall ensure that its employees, officers, representatives, contractors, subcontractors and advisers to whom it discloses the Confidential Information comply with the requirements of this clause 10.8; and
10.8.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
10.9 The Company reserves all rights in its Confidential Information. No rights or obligations in respect of its Confidential Information other than those expressly stated in the Contract are granted to the Buyer or to be implied from the Contract. In particular, no licence is hereby granted directly or indirectly under any patent, invention, discovery, copyright or other intellectual property right held, made, obtained or licensable by the Company now or in the future.

"},{"heading":"11. Termination and suspension","description":"

11.1 Without limiting the Company’s other rights and remedies, if the Buyer becomes subject to any of the events listed in condition 11.2, the Company may terminate the Contract with immediate effect by giving written notice to the Buyer.
11.2 For the purposes of condition 11.1, the relevant events are:
11.2.1 the Buyer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
11.2.2 the Buyer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where the Buyer is a company) where these events take place for the sole purpose of a scheme for a solvent amalgamation of the Buyer with one or more other companies or the solvent reconstruction of the Buyer;
11.2.3 (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Buyer, other than for the sole purpose of a scheme for a solvent amalgamation of the Buyer with one or more other companies or the solvent reconstruction of the Buyer;
11.2.4 (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Buyer;
11.2.5 (being a company) the holder of a qualifying floating charge over the Buyer's assets has become entitled to appoint or has appointed an administrative receiver;
11.2.6 a person becomes entitled to appoint a receiver over the Buyer's assets or a receiver is appointed over the Buyer's assets;
11.2.7 (being an individual) the Buyer is the subject of a bankruptcy petition or order;
11.2.8 a creditor or encumbrancer of the Buyer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
11.2.9 any event occurs, or proceeding is taken, with respect to the Buyer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in condition 11.2.1 to condition 11.2.8 (inclusive);
11.2.10 the Buyer suspends, threatens to suspends, ceases or threatens to cease to carry on all or a substantial part of its business;
11.2.11 the Buyer's financial position deteriorates to such an extent that in the Company's opinion the Buyer's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; and
11.2.12 (being an individual) the Buyer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.
11.3 Without limiting its other rights or remedies, the Company may suspend provision of the Goods under the Contract or any other contract between the Buyer and the Company if the Buyer becomes subject to any of the events listed in condition 11.2.1 to condition 11.2.12, or the Company reasonably believes that the Buyer is about to become subject to any of them, or if the Buyer fails to pay any amount due under this Contract on the due date for payment.
11.4 Without limiting its other rights or remedies, the Company may terminate the Contract with immediate effect by giving written notice to the Buyer if the Buyer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of being notified in writing to do so.
11.5 On termination of the Contract for any reason the Buyer shall immediately pay to the Company all of the Company's outstanding unpaid invoices and interest and, in respect of Goods supplied but for which no invoice has been submitted, the Company shall submit an invoice (which shall be payable by the Buyer immediately on receipt).
11.6 Termination of the Contract, however arising, shall not affect any of the parties’ rights, remedies, obligations and liabilities that have accrued as at termination.
11.7 Conditions which expressly or by implication survive termination of the Contract shall continue in full force and effect.

"},{"heading":"12. Limitation of liability","description":"

12.1 Nothing in these Conditions shall limit or exclude the Company's liability for:
12.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
12.1.2 fraud or fraudulent misrepresentation;
12.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979;
12.1.4 defective products under the Consumer Protection Act 1987; or
12.1.5 any matter in respect of which it would be unlawful for the Company to exclude or restrict liability.
12.2 Subject to condition 12.1:
12.2.1 the Company shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any (a) loss of profit; (b) loss of sales or business; (c) loss of anticipated savings; (d) loss of or damage to goodwill;
(e) any indirect or consequential loss; or (f) loss of use or corruption of software, data or information, in each case arising under or in connection with the Contract; and
12.2.2 the Company's total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods the subject of a valid claim.

"},{"heading":"13. Assignment","description":"

13.1 The Company shall be entitled to assign, subcontract and deal in any other manner with all or any of its rights or obligations under the Contract or any part of it to or with any person, firm or company.
13.2 The Buyer shall not assign, transfer, mortgage, charge, subcontract or deal in any other manner with any or all of its rights or obligations under the Contract or any part of it without the prior written consent of the Company.

"},{"heading":"14. Force majeure","description":"

14.1 The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, extreme or adverse weather conditions, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, pandemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 120 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
14.2 The Company shall not be in breach of the Contract, nor liable for delay in performing or failure to perform any of its obligations under the Contract, if such delay or failure results from any event of the nature referred to in condition 14.1 above.

"},{"heading":"15. General","description":"

15.1 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.
15.2 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.
15.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
15.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
15.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
15.6 This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non- contractual disputes or claims) shall be governed by and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.

"},{"heading":"16. Notices and communications","description":"

16.1 All notices and communications between the parties about the Contract shall be in writing in English and delivered by hand or sent by prepaid first class post or sent by fax or email:
16.1.1 (in case of notices and communications to the Company by hand or post) to its registered office or such changed address as shall be notified to the Buyer by the Company in accordance with this condition; or
16.1.2 (in the case of notices and communications to the Buyer by hand or post) to the registered office of the Buyer (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Company by the Buyer in accordance with this condition; or
16.1.3 (in the case of communications by fax or by email to either party), to the relevant addressee’s fax or email address as stated in the relevant quotation or as otherwise shall be notified by the relevant addressee to the other party in accordance with this condition.
16.2 Communications shall be deemed to have been received:
16.2.1 if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
16.2.2 if delivered by hand, on the day of delivery; or
16.2.3 if sent by fax or email on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
16.3 Communications addressed to the Company shall be marked for the attention of the head of customer services.

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