CONDITIONS OF SALE 

Definitions

Wellness & Aesthetics Technology Ltd, (hereinafter referred to as “The Company”).

Registered Office Unit 2b, Thongsbridge Mills, Miry Lane, Thongsbridge, Holmfirth, HD9 7RW.

“The Purchaser or Buyer” – The Customer or Third-Party Finance Lease Company responsible for settlement of the invoice.
“The Customer” – The end user of the products/services purchased.

Our Terms

These “Terms & Conditions” set out are the terms under which Goods are sold by us “the Company” (Wellness & Aesthetics Technology Ltd) to our Business Customers.

All Quotations or Tenders given and all orders received and accepted are executed on the basis that the purchaser (“the Purchaser”) is bound by these conditions of sale (the “Terms and Conditions”). 

Please read and review these Terms & Conditions carefully before placing an order.

On placement of the order, you “the Purchaser” is deemed to have read, understood and agreed to our Terms & Conditions and will be legally bound by them. Where there is any inconsistency between these Conditions and any conditions which the purchaser seeks to impose these Conditions of sale shall prevail.

Acceptance of any goods supplied and / or delivered by the Company also indicates an acceptance of these Conditions.

1. VALIDITY OF QUOTATION

a) The Company reserves the right to refuse the Purchaser’s acceptance of a Quotation given by the Company unless such Quotation is stated to be open for a specific period and is accepted within such period before being withdrawn.  In the event of the receipt by the Company of an order from the Purchaser, execution of the order is contingent upon actual availability of goods and will not be binding on the Company.

b) Once an order has been placed by a Purchaser following on from the issue of a Quotation, no orders to the Company may be cancelled.

Execution of an order is subject to actual availability of goods and will not be binding on the Company.

All contracts will be deemed to be subject to the Company’s Standard Terms and Conditions of Sale as set out herein and any terms and conditions specified by the Purchaser shall be ineffective, these Terms are not variable unless the Company has expressly agreed in writing to such variation.

2. PRICES & REFUNDS

Unless otherwise agreed in writing, all orders are executed subject to the then current prices and relevant discounts ruling at the date of despatch and any price list of the Company whether published or not shall not affect the right of the Company to charge for goods in accordance with this clause.

All prices are subject to the addition of Value Added Tax at the appropriate rate and all quoted prices are based on the actual Terms and Conditions at that time.

The Company do not provide refunds and there is no statutory “cooling off” period. This does not affect the Purchasers statutory rights as a Business-to-Business Customer. Price and terms of payment are as specified in the Company’s quotation.

All additional cost and expense due to a variation in the goods to be supplied or work to be done or to changes in specifications or information provided by the purchaser on which the quotation is based will be paid by the Purchaser. The price specified in the Company’s quotation is based on the cost of all items including material, labour, utilities and transport on the date of the quotation. Any additional charges shall be the responsibility of the Purchaser.

Post the placing of an order pursuant to a Quotation, in the event of any change in the cost of raw materials or labour required to fulfil the order, prices may be subject to an appropriate variation.

By placing an order and making an offer to buy a product, the Purchaser authorises the Company to transmit information (including any updated information) or to obtain information about the Purchaser from third parties from time to time and this may include verification checks involving debit or credit card number or credit reports in order to authenticate the Purchaser’s identity; to validate the Purchaser’s credit card; to obtain an initial credit card authorisation; to protect the Purchaser and the Company from fraud; and to enable the Company to arrange delivery of the Purchaser’s order to a nominated delivery address.

3. PAYMENT

a) Payment must be made in full as indicated in the terms shown on the invoice unless agreed otherwise in writing or if the Purchaser is using a third-party finance provider.

b) Where the contract is to be, or may be, fulfilled in separate instalments, delivery or parts, payment for each instalment, delivery or part shall be made as if the same constituted a separate contract.

c) No discount or other deductions are allowed unless specified in writing by the Company.

d) The Company will be entitled to charge interest at 3% above the base rate of HSBC from time to time on all overdue accounts.

e) Notwithstanding Condition 3 (a) the Company shall without prejudice to its other rights, have the right by notice in writing to the Purchaser to demand immediate payment of all monies due from the Purchaser to the Company for any goods delivered at whatever time.

f) A deposit to secure a sale is subject to a 48-hour cooling off period. After this time no refund will be given unless finance is not accepted.

g) Wellness & Aesthetics Technology Ltd is Authorised and Regulated by the Financial Conduct Authority. In this transaction, we act as a credit broker to help you find a suitable asset finance product that meets your needs. We may receive a commission payment from the lender for our work as a broker.

h) The Company is entitled to refuse to accept any order of any proposed Purchaser without providing any reason.

i) Where any payment due under the Contract remains outstanding, the Company reserves the right to suspend software updates, remote diagnostics, technical support, servicing, warranty support and any connected services until all outstanding sums have been paid in full.

j) The Company reserves the right to require stage payments, interim payments or payment in full prior to manufacture, dispatch, delivery, installation or commissioning, as specified within the Company’s quotation, order confirmation or invoice.

k) Where the Purchaser fails to make any payment when due, the Company may suspend manufacture, delivery, installation, commissioning, warranty support, servicing, technical support, training or any other services until all outstanding amounts have been paid in full.

l) The Company reserves the right to refuse delivery, installation or commissioning of any Goods until all payments due under the Contract have been received in cleared funds unless otherwise agreed in writing.

4. CREDIT

The Company shall be entitled to refuse to accept any order, or to sell on credit to any proposed Purchaser without providing any reason.

5. CARRIAGE

Unless otherwise stated, goods destined for delivery in the UK mainland will be carriage paid by the Company providing the order is to minimum value as printed on the current price list.  Any deliveries outside of the UK may incur additional charges as specified by the Company.

6. DELIVERY, SUSPENSION & DELAY

The period within which the goods are to be delivered and / or services performed will commence from the date of the Company’s acceptance of the order. If delivery is interrupted by any cause outside the Company’s reasonable control, for example, material shortages, travel or transportation disruption or higher-than-anticipated demand then the delivery dates will be varied to such an extent as may be reasonable.

Unless otherwise agreed in writing, delivery shall be made at the Purchaser’s UK premises specified in the order.  Risk in the goods shall pass to the Purchaser on delivery. Any times quoted for despatch, repair or replacement are estimates only and the Company shall not be liable for failure to despatch, repair or replace within such time.

In so far as there is a delay in delivery of the goods which is caused by some fault of the Purchaser (including failure to arrange a delivery date), when the goods are ready for despatch we may, at the Company’s discretion, arrange storage of the goods at the purchaser’s own risk whereupon the goods shall be deemed to have been delivered for all purposes, and the purchaser shall be liable to us for the reasonable costs of such storage, including insurance, handling charges and any other charges incurred. This provision is without prejudice to any other rights which we may have in respect of the Purchaser’s failure to take delivery of the goods or to pay for them in accordance with the contract.

Where a Purchaser fails to accept deliveries in accordance with the terms and conditions of the order, the balance of undelivered goods shall be invoiced to the Purchaser, the goods being held at the Purchaser’s risk and any storage and additional carriage costs being charged to the Purchaser’s account.

Where we are responsible for the transport of the goods then, unless stated otherwise in the Company’s quotation, we have based the price upon carriage by road to the specified destination by the most direct route on the assumption that the approval, if any, required for such carriage will be forthcoming from the appropriate authorities. Should such approval be refused rendering necessary changes in the goods, their mode of carriage or the route to be taken then the Purchaser shall bear the additional cost arising therefrom. Save where expressly provided otherwise in these Terms and Conditions of Sale, risk in the goods shall pass to the Purchaser upon delivery.

Any requests by the Purchaser to suspend or delay delivery (“Suspension”) must be made in writing. Any agreement to comply with this request shall be at the Company’s absolute discretion and subject to the following conditions:

1. any additional cost we reasonably and necessarily incur in complying with a Purchaser’s request for Suspension will be the purchaser’s responsibility and payable in full before delivery.

2. following a request to resume delivery we will be entitled to an extension of time, and we will notify the purchaser of the revised delivery date.

3. we will not be required to complete delivery if any additional costs incurred are outstanding.

Delivery shall be deemed complete once the Goods have been delivered to the address specified by the Purchaser. Risk in the Goods shall pass to the Purchaser upon delivery. Legal ownership of the Goods shall remain with the Company until the Company has received payment in full of all sums due under the Contract. Until ownership passes, the Purchaser shall keep the Goods fully insured against loss or damage for their full replacement value, maintain them in good condition, keep them identifiable as the property of the Company and shall not sell, lease, charge or otherwise dispose of the Goods without the Company’s prior written consent. In the event of non-payment or any other material breach of these Terms and Conditions, the Company reserves the right, where permitted by law, to recover possession of the Goods and the Purchaser shall be responsible for all reasonable costs incurred in doing so.

The Purchaser shall ensure that the installation location is fully prepared prior to the agreed delivery or installation date. Where applicable, this includes suitable access, floor loading, electrical supply, water supply, drainage, ventilation, internet connectivity and any other requirements specified by the Company. Where installation or commissioning cannot proceed due to the Purchaser’s failure to adequately prepare the installation site, the Company reserves the right to recover all reasonable additional costs incurred, including engineer time, travel, accommodation, storage and repeat attendance charges.

7. CLAIMS FOR SHORT DELIVERY OR DAMAGED GOODS

The Company will not be liable for any loss or damage or shortage during delivery unless the following conditions are complied with:

a) Notification in writing is received by the Company within seven days of the date of invoice if the goods are not received.

b) Goods must be examined immediately on receipt. If any items appear to be damaged or missing the delivery paperwork must be clearly marked “damaged” or “missing”. The Company must be notified of the damage or short delivery in writing within twenty-four hours of delivery and within four days of delivery a detailed claim (including photographs of any alleged damage) must be sent in writing to the Company and the packaging retained and dealt with as directed by the Company.

8. COMPLAINTS

Unless claims are notified in accordance with Clause 7, the Purchaser shall be bound to accept and pay for the Goods delivered in accordance with Clause 3.

9. RETURN OF GOODS

a) Subject only to any express terms of a warranty that may apply to the goods purchased as set out in clause 10,  return of goods will not be accepted unless the Company or its appointed agent, shall first have had the opportunity of examining some and/or confirming the goods may be returned on the sole basis that they are faulty/defective or subject to a product recall , unless the Company has agreed otherwise in writing.

b) Any goods returned in accordance with clause 9 (a) which, for any reason, is not attributable to the Company will be subject to a handling charge of 20% of net value.

c) Any returned goods which are claimed to be defective and on inspection are found to be in working order may be returned to the Purchaser at the Company’s discretion and at the Purchaser’s cost.

d) Returned goods should, wherever possible, be packed by the Purchaser in the original packaging and in any event, be placed in such a manner to ensure the goods are delivered to the Company without loss or damage.  Goods returned to the Company, which have not been supplied by them, will be returned as received and a handling and carriage charge will be payable.

10. WARRANTY

The Warranty period begins from the date the goods were delivered to the Purchaser. We will not be liable in respect of repairs made or attempted to be made without the Company’s express sanction in writing.

Any devices(s) supplied by the Company, which fails during its warranty period (or extended) warranty period as a result of faulty workmanship or materials in manufacture, will be repaired or replaced (at the discretion of the Company), free of charge, providing the product(s) is forwarded to the Company suitably packed and carriage paid*. The Company’s liability for shortage, failure or defect and the goods supplied shall be limited to the cost of making good such shortage, failure or defect by repair or replacement and the Company shall not in any event be liable for any direct or indirect damage or loss whatsoever sustained or liability incurred by the Purchaser.  Furthermore, it is the responsibility of the Purchaser to satisfy itself as to the fitness or suitability of the goods for any particular purpose and the goods are sold without any warranty, express or implied as to their suitability for a particular purpose or condition save where the Company has given specific written advice in connection therewith. Replacement parts supplied will be delivered free of charge provided that the defective parts (which thereafter become Company’s property) are promptly returned to the Company’s workshop at the purchaser’s cost. We will re perform any part of the services which within 3 months from the date of completion of the services proves to be inadequate or defective.

Please note that failure to carry out servicing and maintenance at the intervals specified within the Wellness & Aesthetics Technology Ltd Warranty Policy, or by the Company’s authorised service provider, may invalidate the warranty applicable to the Goods.

Where applicable, the Company will repair or replace (at its discretion) any handpieces, applicators or other product-specific components covered by the applicable warranty, provided the Goods are returned suitably packed and carriage paid.

Unless expressly stated otherwise in writing, used, refurbished or ex-demonstration equipment is supplied without warranty or with such limited warranty as stated in the Company’s quotation or invoice.

Unless otherwise agreed by the Company in writing, the warranty applies only to the original Purchaser at the original installation address and is not transferable following resale or relocation of the Goods.

*Please note: Machine handpieces, accessories and consumables are expressly excluded from both the manufacture’s standard warranty and extended warranty packages.  

The warranty shall not apply where damage or failure has resulted from misuse, neglect, accidental damage, improper installation, failure to follow the Company’s operating instructions, lack of routine maintenance, use of non-approved consumables, chemicals, filters, accessories or replacement parts, unauthorised modification or repair, or operation outside the published operating parameters.

For products incorporating water circulation or cooling systems, including but not limited to floatation systems and cold therapy systems, the Purchaser is responsible for maintaining the water quality, sanitation, filtration and chemical balance in accordance with the Company’s operating instructions. Damage resulting from contamination, corrosion, scaling, freezing, poor water chemistry or inadequate maintenance is specifically excluded from warranty.

The Company shall not be liable for damage to buildings, flooring, fixtures, fittings or other property arising from leaks, overfilling, plumbing failures, drainage issues, incorrect installation, inadequate site preparation, misuse or failure to maintain the Goods in accordance with the Company’s instructions.

The Company reserves the right to inspect, test or examine any Goods claimed to be defective before determining whether repair, replacement or any other remedy is appropriate under the terms of the warranty.

11. PACKING

All packing cases, crates and polystyrene inserts accompanying the goods shall be retained by the purchaser as they will be required for re-packing if a machine is returned to our Wellness & Aesthetics Technology Ltd Service Centre for service or repairs. We will only accept machines delivered back to us in the original packaging.

12. LIMITATION & LIABILITY

 If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason  of breach of export controls or sanctions, rules, or the Purchaser fails any of the Company’s fraud detection or anti-money laundering detection checks, the Company has the right to stop or cease to fulfil the order (or part thereof) at any time and shall incur no liability in such circumstances.

The Purchaser has certain rights as a customer, including legal rights relating to faulty or misdescribed goods. Nothing in these Terms and Conditions will affect these legal rights and, in particular, the Company will perform its obligations under these Terms and Conditions with reasonable care and skill. All descriptive and forward specifications, drawings and particulars of weights and dimensions issued by the Company are approximate only, and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract

Any orders delivered to the Purchaser will be of satisfactory quality. However, if the Company delivers an order that is not of satisfactory quality, the Purchaser can contact the Company for a repair or replacement.

The Company will not be liable, in contract, tort (including, without limitation, negligence, economic tort or otherwise), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect, economic or or consequential loss and / or damage of whatever nature (whether or not claimed or suffered by the Purchaser and / or any person, business or entity not a party to the contract) including, but not limited to, loss of use or availability of the goods and / or other equipment and / or systems, loss of production, loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use, the purchased goods even if the Company has been advised of the possibility of such damages, loss of revenue arising out of or in connection with the performance of the Company’s obligations under the contract and / or the performance, adequacy and / or suitability of the goods and / or service supplied, including any such damages as may be reasonably foreseeable at the date of the contract.

The Purchaser agrees to fully indemnify, defend and hold harmless the Company, its agents, officers, directors, employees and suppliers, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by the Purchaser or any other liabilities arising out of the Customer’s use of the website.

Nothing in these Terms and Conditions shall exclude or limit the Company’s liability for death or personal injury resulting from its negligence or that of its agents or employees.

The Company’s liability insurance does not cover online training. It is the responsibility of the Purchaser to ensure that they have adequate liability insurance in place.

To the fullest extent permitted by applicable law, and notwithstanding any provision to the contrary contained elsewhere in the Contract, the Company’s total cumulative liability to the Purchaser arising from the Contract, whether in contract, tort (including negligence), by operation of law or otherwise, shall not exceed the lesser of:

a) the total Contract price; or

b) £250,000 (two hundred and fifty thousand pounds),

except where the Purchaser’s claim is recoverable under the Company’s insurance, in which case the Company’s maximum liability shall be the amount specified above together with any sums recovered under such insurance.

In the event of any ambiguity or inconsistency between this clause and any other provision of these Terms and Conditions, this clause shall prevail.

Nothing contained in this clause shall limit or exclude the Company’s liability for:

a) death or personal injury caused by its negligence;

b) fraud or fraudulent misrepresentation; or

c) any liability which cannot lawfully be limited or excluded.

13. SPECIFICATION & DESCRIBED GOODS

All descriptions, and details of weights and dimensions submitted with the Company’s quotation are approximate only. The Company reserve the right to make such reasonable changes as we consider are necessary to the quotation details either before any order is placed or during the contract provided that the Company shall not thereby render the goods unsuitable for the purpose for which they are intended.

The Company make all reasonable efforts to ensure that all descriptions and graphical representations of goods available from the Company correspond to the actual goods. Images of goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in device displays and lighting conditions. Images and / or descriptions of packaging are for illustrative purposes only.

14. TESTS & PERFORMANCE

All the Company’s products are carefully inspected and where practicable submitted to standard tests, in accordance with the details stated in the Company’s quotation, before despatch. If any additional tests are required by the Purchaser these, unless otherwise agreed, must be made in the Company’s warehouse and will be the subject of an additional charge. In the event of the Purchaser failing to attend any tests, having been given at least 2 days prior notice thereof, the tests will proceed in the Purchaser’s absence and shall be deemed to have been made in his presence.

Any performance figures given by the Company are estimates based on its experience and in-house testing and as such are what the Company expects to be possible using certain reasonable assumptions. The Company does not guarantee such performance figures and accepts no responsibility whatsoever or howsoever for the Purchaser attaining such performance figures and therefore shall be under no liability for damages or failure to attain such figures unless the Company has specifically and in writing guaranteed performance figures and then only subject to recognized tolerances applicable to such figures. The Company reserves the right to update performance figures and protocols as further data becomes available.

Any examples of treatment outcomes, operating costs, energy consumption, treatment times, commercial returns, return on investment calculations or revenue projections are provided for illustrative purposes only and do not constitute a guarantee of future performance, profitability or clinical outcomes. Actual results will vary depending upon operating practices, maintenance, customer usage, environmental conditions and other factors outside the Company’s control.

15. TERMINATION & INSOLVENCY OF BUYER

To the extent permitted under the applicable law and without prejudice to any other rights and remedies under the terms and conditions, we shall be entitled to terminate the contract forthwith by written notice to the Purchaser if:

(a) The Purchaser makes any voluntary arrangements with its creditor or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction), or;

b) An incumbrancer takes possession of or a receiver is appointed to dispose of any of the property or assets of the Purchaser, or

c) The Purchaser ceases or threatens to cease to carry on business, or

d) The Company reasonably apprehends that any of the clauses mentioned (a), (b) or (c) above is about to occur in relation to the Purchaser and notifies the Purchaser accordingly.

e) If clause a applies, then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the contract or suspend any further deliveries under the contract, without any liability to the Purchaser, and if the goods have been delivered, but not paid for, the price shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary.

(f) the Purchaser shall commit a breach of any of the term and conditions and shall fail to remedy such breach within fourteen days of dispatch by us of a letter requiring him to remedy such breach.

16. SUSPENSION OR CANCELLATION OF DELIVERIES

If the purchaser cancels their order the Company shall be entitled to recover loss sustained thereby from them in the expectation of the performance of, or in consequence of the termination of, the contract and the Company’s loss of anticipated profit. The purchaser will indemnify the Company in respect of any third-party claims arising against the Company by virtue of any act or omission arising out of the companies’ repudiation of the contact or suspension or cancellation of deliveries under this condition.

17. LOAN ITEMS

Any loan items will be invoiced and paid for unless they are returned, carriage paid within 30 days unless otherwise agreed with the Company’s management.

18. INTERNATIONAL ORDERS

Please note that we are able to supply to customers outside of the United Kingdom. However, responsibility for all costs of carriage, import duties and compliance with local laws and regulatory requirements for sales and delivery outside the United Kingdom is the sole responsibility of the Purchaser.

19. TRAINING

Company’s training courses will take place at the Purchasers location or at the Company’s training centre. Depending on the location that you reside, additional charges may apply for transport and accommodation. Each course will give the trainees an in-depth knowledge of the theory behind each technology used, the operation of the machine and practical training. Training is included with the purchase of a Wellness & Aesthetics Technology Ltd machine for up to 3 trainees.

The Purchaser must request a quotation to enrol any additional trainees onto the course. The Purchaser must also give the Company 48 hours written notice to enrol additional trainees. We have the right not to certify any trainees if they are incompetent, therefore they must re-attend the training until the training provider is satisfied with their outcome.

Certification issued by the Company confirms only that the trainee successfully completed the training course on the date of assessment. The Purchaser remains responsible for ensuring that all operators remain competent, appropriately supervised where necessary and continue to operate the equipment in accordance with the Company’s operating manuals and training guidance.

20. INTERNATIONAL TRAINING

International training is carried out virtually. If there is a requirement for the training to be carried out at the Purchasers location, additional fees will apply.

21. COPYRIGHT

All drawings, descriptions and other information submitted by the Company shall remain the property of the Company together with the copyright therein and promptly upon request by the Company the Purchaser shall return the same to the Company.

22. DATA

The Company shall keep and use any data relating to the Purchaser in accordance with the provisions of all relevant data protection legislation to process the Purchaser’s order and payment and (unless the Purchaser requests the Company does not do so), to inform the Purchaser about similar products that the Company provides and essential technical updates. The Purchaser may stop receiving this information at any time by contacting the Company.

23. FORCE MAJEURE

The performance of all contracts is subject to variation or cancellation owing to Acts of God, war strikes, pandemics, lockout, fire, drought, riot, civil commotion, restriction by Government or other competent authority or any other cause beyond the Company’s control or owing to the Company’s inability to procure materials or articles except at enhanced prices due to any of the afore going clauses.

24. HEALTH AND SAFETY

a) The Purchaser shall be responsible for ensuring that all statutory, government or local regulations are complied with in relation to the operation of any goods purchased from the Company.  Should any local regulations require amendments to the specification the cost of any such amendments shall be charged to the account of the Buyer in addition to the original contract price.  The Purchaser shall ensure that all instructions, handbooks, notices and warnings issued by the Company are properly understood and complied with at all times by all persons using the goods or working within close proximity to them, the Purchaser being responsible for the translation of the English narrative supplied by the Company.

b) It is the Purchaser’s responsibility to ensure that any adverse incidents relating to the goods are reported back to the Company in writing as soon as possible following any such incident taking place.

The Purchaser shall be solely responsible for assessing the suitability of treatments for individual clients, obtaining informed consent where applicable, identifying contraindications and ensuring compliance with all applicable laws, regulations and professional standards relating to the operation of the equipment and the treatments performed.

25. PATENTS & INTELLECTUAL PROPERTY

All reasonable care is taken to ensure that the use of the goods in the normal course do not infringe any patent or other intellectual property right of third parties. The Purchaser will indemnify us in the event of an infringement or alleged infringement of any patent or other intellectual property right by us as a consequence of the Company’s acting in accordance with instructions, designs or specifications supplied wholly or in part by the Purchaser.

Any software, firmware, electronic control systems and associated documentation supplied with the Goods remain the intellectual property of the Company or its licensors. The Purchaser shall not copy, modify, reverse engineer, decompile or otherwise attempt to interfere with such software except where expressly permitted by law.

26. WARRANTIES & REPRESENTATIONS

Any warranties and guarantees intended to be provided by us to the Purchaser are those expressly included herein and, in the Company’s Warranty Policy, and no additional warranties, guarantees or representations shall be implied into the contract and are to the fullest extent permitted under the applicable law expressly and intentionally excluded. The Purchaser acknowledges and agrees that, in entering into a contract with us, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether a party to the contract or not) other than as expressly set out or referred to herein and in the Company’s quotation. For the avoidance of any doubt, nothing herein shall exclude or limit the Company’s liability for fraudulent misrepresentations or shall exclude the Company’s liability for any fundamental misrepresentation.

27. EXCLUSIONS

Save, as provided by these Terms and Conditions and save for the company’s implied undertaking as to title etc. contained in S. 12 of the Sale of Goods Act 1979 (liability for death or personal injury resulting from negligence) all other obligations and liabilities whatsoever of the Company whether in contract or in tort or otherwise excluded.

28. LEGAL CONSTRUCTION

These Terms and Conditions and any contract following thereon shall be governed by and construed in accordance with the Laws of England and Wales and the parties shall submit to the jurisdiction of the English Courts.

29. GENERAL

a) The Company may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.

b) If the Purchaser breaches these Terms and Conditions and the Company takes no action it will still be entitled to use its rights and remedies in other situations where the Purchaser is in breach. No waiver by the Company shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.

c) The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms Conditions such that no third party may claim any rights under these Terms and Conditions.

d) These Terms and Conditions govern the relationship with the Purchaser and supersede any and all preceding and contemporaneous agreements between the Purchaser and the Company. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of the Company. The Purchaser confirms that, in agreeing to accept the Terms and Conditions, it has not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and the Purchaser agrees that it shall have no remedy in respect of any representation. The Purchaser’s statutory rights are not affected by these Terms and Conditions.