This is where we store all our legal and policy information, should you need it.
Registered as a Company in England and Wales, number: 07226456
Registered office address: Amelia House, Crescent Road, Worthing, West Sussex BN11 1RL
VAT Number: GB992641291
PREVENTING HIDDEN LABOUR EXPLOITATION POLICY
Vine-Works Ltd commits to developing and adopting a proactive approach to tackling hidden labour exploitation.
Hidden Labour exploitation is defined as the exploitation of job applicants or workers by a third-party individual / gang other than the employer or labour provider, either by rogue individuals working within these businesses, but without the knowledge of management. This can include forced labour / human trafficking for labour exploitation: payment for work-finding services and work-related exploitation such as forced accommodation.
The Directors and all employees responsible for the direct recruitment of workers will ensure that this policy and accompanying procedures are enforced.
Vine-Works Ltd shall:
1. Designate appropriate employees to attend “Tackling Hidden Labour Exploitation” training & to have responsibility for developing and operating company procedures relevant to this issue.
2. Accept that job-finding fees are a business cost and will not allow these to be paid by job applicants. The company will not use any individual or organisation to source and supply workers without confirming that workers are not being charged a work-finding fee.
3. Ensure that all staff directly recruiting employees are aware of all the issues and signs that can lead to third party labour exploitation. Ensure all employees are given Stronger Together information in their own language via workplace posters, leaflets, inductions and interviews.
4. Ensure that labour sourcing / recruitment and worker placements are carried out under the control of trusted and competent staff members.
5. Adopt a proactive approach to reporting suspicions of hidden worker exploitation to the Gang Masters Licensing Authority and police.
6. Encourage employees to report cases of hidden third party labour exploitation by giving them the information on induction and the means to do so clearly displayed on a staff notice board. To also support employees and agency workers to report any exploitation which may be occurring within their community, and issuing anonymous worker questionnaires.
7. To ensure that all information provided is dealt with in correct manner and investigated fully.
8. That we require labour providers and other organisations in the labour supply chain to adopt policies and procedures consistent with the above.
TERMS & CONDITIONS OF SALE
This page contains the legal terms and conditions, (“Terms and Conditions”) on which we sell, via our
Site, any of the goods listed on our website.
These Terms and Conditions for the sale of goods apply to and govern all Contracts. Please read
them carefully and make sure you understand them before ordering any goods from our Site. An
offer to buy goods from our Site is conclusive evidence of your acceptance of these Terms and
Please click the box marked “I have read and agree to the website terms and conditions” to finalise
your order. If you accept them by clicking this box you confirm that you are authorised by the
Customer, on whose behalf you use our Site, to accept these Terms and Conditions, to place Orders
and to purchase Goods. If you do not accept these Terms and Conditions, you will not be able to
order any goods from our Site.
We may update or amend these Terms and Conditions from time to time. Please review them
regularly to ensure you are aware of any changes we have made. Your continued use of our Site
after changes are posted means you agree to be legally bound by these Terms and Conditions as
updated and/or amended. Once any Order has been confirmed and a Contract formed, we will not
make any changes to the Terms and Conditions that apply to that Contract. However, if you are a
returning customer, please check our Site regularly to ensure you are aware of any changes we have
made to our Terms and Conditions since the last time you visited our Site.
1.1. “Contract” means an individual legally binding contract between the Supplier and the
Customer created when an Order placed by the Customer is accepted by the Supplier
according to the provisions of sub-clause 3.6.
1.2. “Customer” means any person, firm, company, unincorporated association or other business
entity which orders or buys Goods and/or the provision of Services from the Supplier.
1.3. “Delivery” has the meaning given in sub-clause 3.6.
1.4. “Goods” means the goods which are the subject of a Contract.
1.5. “Invoice” has the meaning given in sub-clause 3.4.
1.6. “Order” means any order placed by the Customer via our Site for the supply of goods by the
Supplier to the Customer.
1.7. “Our Site” means the website that operates at http://www.vine-works.com
1.8. “Price” means the total price to be paid by the Customer to the Supplier for the goods as
specified on the Despatch Confirmation, which shall include, (where applicable) VAT and/or
other taxes, duties and appropriate other charges, such as delivery charges.
1.9. “Services” means the services which are the subject of a Contract.
1.10. “Supplier” means Vine-Works Ltd, a company registered in England & Wales under
company number 07226456, with a registered office address at Amelia House, Crescent
Road, Worthing, West Sussex BN11 1QR and whose VAT number is GB 992 6412 91.
2.1.These Terms and Conditions constitute the entire terms and conditions between the
Customer and the Supplier in respect of any Contract. The parties acknowledge that they
have not relied on any statement, warranty, promise and/or representation made or given
by or on behalf of the other party which is not set out in these Terms and Conditions or any
other document expressly referred to in them and each party hereby waives any rights and
remedies which it may have in respect of them. Nothing in this sub-clause shall exclude or
limit the liability of a party for fraud or fraudulent misrepresentation.
2.2.The Terms and Conditions set out herein cannot be altered, added to, or substituted by
other terms and conditions of sale unless expressly accepted in writing by a person
authorised to sign on the Supplier’s behalf.
2.3.All illustrations and images of goods and/or services contained on our Site, or otherwise
communicated to the Customer, are intended merely to present a general impression of the
goods, such as colour and dimensions, and are for illustrative purposes only. Nothing
contained in any of them shall form any part of the Contract. Any Goods and/or Services
which are supplied may vary from those illustrations and images.
2.4.Any descriptions and illustrations of goods displayed on our Site are only a declaration of
willingness to enter negotiations and do not constitute an offer and cannot be accepted to
form a binding contract.
2.5.Any oral advice or recommendation given by the Supplier, or its employees, or its agents, to
the Customer as to the storage, application or use of goods and/or services is followed or
acted upon entirely at the Customer’s own risk and accordingly the Supplier shall not be
liable for any such advice or recommendation which is not confirmed in writing by the
Supplier to the Customer.
2.6.All Advice is solely for the benefit of the Customer and the Customer shall not communicate
or copy any Advice to any third party.
2.7.Unless any Goods performance figures, tolerances or characteristics have been specifically
and expressly warranted by the Supplier in writing, the Supplier shall be under no liability
whatsoever for any failure to attain such figures, whether attributable to the Supplier’s
negligence or otherwise.
- Formation of the Contract
3.1.Quotations shall only be available for acceptance for a maximum period of 7 days from the
date thereof and may be withdrawn by the Supplier within such period at any time by
written or oral notice.
3.2.Any quotation relating to goods supplied by the Supplier shall not constitute an offer
capable of acceptance by the Customer, but as an invitation to the Customer to place an
Order. Orders shall be accepted entirely at the discretion of the Supplier and, if accepted,
are governed by these Terms and Conditions.
3.3.The Supplier’s order process shall allow the Customer to check and amend any errors before
submitting an Order. The Supplier accepts no liability whatsoever where the Customer fails
to check the contents and accuracy of the Order.
3.4.All orders placed by the Customer and purchases of goods from the Supplier (whether instore, by telephone, via our website or by such other means as the Supplier may permit) are
on the basis of these Terms and Conditions.
3.5.After the Customer has placed the Order, the Supplier will send to the Customer an email
acknowledging receipt of the Order. This confirmation of acceptance of the Order will be
known as the “Invoice”.
3.6.The Contract between the Supplier and the Customer shall only be formed when the Invoice
is sent by the Supplier.
3.7.If the Supplier is unable or unwilling to supply the Customer with any goods included in an
Order, the Supplier shall inform the Customer by email and the Order shall not be processed
in respect of those goods in question.
4.1.The prices of goods will be as quoted on our Site from time to time or otherwise
communicated to the Customer. All prices for goods are in pounds Sterling and exclude any
relevant Value Added Tax, (“VAT”) at the relevant rate ruling on the date of the Invoice. They
do not include the cost of carriage, delivery, package or other charge which becomes
payable under a Contract.
4.2.Whilst every endeavour will be made to maintain the prices on our Site, the Supplier
reserves the right to alter prices at any time prior to acceptance of an Order.
4.3.Changes in prices on our Site shall not affect any Order for which an Invoice has been issued
by the Supplier.
4.4.While the Supplier uses its reasonable endeavours to correctly price goods listed on our Site,
errors occasionally occur. In the event that an error in the price of goods is discovered, the
Supplier shall inform the Customer of the error by email. The Customer may elect whether
to continue with the Order for those goods at the correct price or to cancel the Order for
those goods and receive a full refund of any monies paid to date in respect of those goods. If
the Supplier is unable to contact the Customer using the details provided in the Order, the
Supplier may at its discretion cancel the Order for those goods, but in doing so must inform
the Customer in writing.
5.1.The Customer may only pay for Goods using a debit card or credit card. Cheques and cash
are not accepted under any circumstances.
5.2.Payment for the Goods and all applicable delivery charges shall be made in advance by the
Customer at the time of receiving the Invoice.
5.3.In accordance with clause 7, title in any Goods shall not pass to the Customer until the
Supplier has received full payment of the Price for the Goods in cleared funds and of all
other sums which may be due by the Customer to the Supplier at the time the Price is so
paid in full.
5.4.The Supplier will issue the Customer with an invoice for payment. The Customer shall pay
5.4.1. by the end of 7 days from the date of the said Invoice, (“Due Date”); and
5.4.2. in full and in cleared funds to a bank account nominated in writing by the Supplier; and
time for payment shall be of the essence of the Contract.
5.5.Without limiting any other right or remedy of the Supplier, if the Customer fails to make any
payment due to the Supplier by the Due Date, the Supplier shall be entitled to cancel any
other Orders placed by the Customer and/or to suspend deliveries of any other Goods to the
5.6.If the Customer fails to pay the Supplier any sum when due, the Customer will be liable to
pay interest to the Supplier on such sum from the due date for payment at the annual rate
of 8% above the official dealing rate of the Bank of England prevailing on the 30 June (in
respect of interest which starts to run between 1 July and 31 December) or 31 December (in
respect of interest which starts to run between 1 January and 30 June) immediately before
the due date for payment (or such lower rate as the Supplier in its absolute discretion may
decide) calculated on a daily basis until payment is made, whether before or after any
5.7.The Customer shall reimburse the Supplier on a full indemnity basis for all costs and
expenses incurred by the Supplier in connection with the recovery of any monies due to the
Supplier and not paid by the Customer by the Due Date.
5.8.Except with the express agreement in writing by the Supplier, the Customer shall pay all
amounts due in full without any deduction, set-off or withholding except as required by law
and the Customer shall not be entitled to assert any credit, set-off or counterclaim against
the Supplier in order to justify withholding payment of any such amount in whole or in part.
The Supplier may, without limiting its other rights or remedies, set off any amount owing to
it by the Customer against any amount payable by the Supplier to the Customer.
- Delivery and Delivery Charges
6.1.The price of goods does not include delivery charges, which the Customer must also pay.
Delivery charges are as quoted on our Site from time to time or otherwise communicated to
the Customer. Delivery charges will be displayed before a Customer submits an Order.
Please take the time to read and check all Orders at each stage of the Order Process.
6.2.Delivery charges and timescales will vary depending on the type of goods ordered and the
delivery address. Please read clause 11 about what happens if there is an event outside the
Supplier’s control which results in a delay in delivery or failure to deliver Goods. If there is an
event outside the Supplier’s control, the Supplier will contact the Customer to discuss what
will happen next.
6.3.Any date specified by delivery is intended to be an estimate and therefore delivery shall not
be made of the essence by notice. If no date is so specified, delivery will be within a
6.4. Failure to deliver on any date stated shall not be a breach of contract.
6.5.The Customer shall ensure that delivery is to an area accessible by the Company or its
carriers and which is safe and suitable for that purpose.
6.6.Areas with restricted access to both trucks and personnel may incur an additional quote for
delivery. Please advise at the time of order if your location is difficult to get to.
6.7.Where delivery is to take place at the Customer’s premises the Supplier will deliver the
Goods even if there is no person present to accept delivery of the Goods on behalf of the
Customer and the Goods shall be the risk of the Customer from the time of delivery.
6.8.Delivery will be completed when the Supplier delivers the Goods to the address provided by
the Customer in the Order, (“Delivery”). The Goods are the Customer’s responsibility and
risk from the completion of Delivery.
6.9.The Supplier accepts Orders through its Site, by telephone or email, where the billing or
delivery address are inside of England, Wales, Scotland and Northern Ireland, including their
6.10. Whilst our drivers and contractors will be as helpful as possible, they are instructed
to curb side delivery only or suitable truck side location if room.
6.11. Any manual handling required by any of our staff and contractors is conditional on
health and safety regulations. They cannot lift anything over 25kg. If over 25kg, mechanical
or additional assistance is required from the customer.
7.1.The Supplier shall not be liable for any damage caused to any carrier engaged in loading,
unloading or transporting the Goods and any carrier engaged by the Customer shall be
acting as the Customer’s agent.
7.2.The Customer shall indemnify the Supplier against all claims and demands made against the
Supplier by any carrier of the Customer or by any other person for all liability arising out of
the loading, unloading or transportation of the Goods.
7.3.This clause shall apply mutatis mutandis where the Supplier is authorised by the Customer
to engage a carrier to transport the Goods.
- Title in the Goods
8.1.Notwithstanding Delivery and the passing of risk in the Goods, or any other provision of
these Terms and Conditions, title in any Goods shall not pass to the Customer until the
Supplier has received full payment of the Price for the Goods in cleared funds and of all
other sums which may be due by the Customer to the Supplier at the time the Price is so
paid in full, and as applicable, the Supplier has issued an Invoice in respect of those Goods.
8.2.Until title in the Goods passes, the Customer shall keep the Goods free from any lien, charge
or encumbrance and the Supplier may at any time require the Goods to be returned to it by
the Customer, (at no cost to the Supplier) and if such requirement is not met within three
days the Supplier may retake possession of the Goods and may enter any premises of the
Customer, (including locked and steadfast premises) for that purpose. The Customer shall
hold the Goods as the Supplier’s fiduciary agent and custodian and shall keep them separate
from its property and from that of third parties and properly stored, protected and insured
and identified as the property of the Supplier.
8.3.The Supplier may enter upon any premises owned, occupied or controlled by the Customer
where the Goods are situated and repossess the Goods.
8.4.If, prior to title passing, the Customer shall sell or otherwise dispose of, or process the Goods
(or any part thereof) it shall receive and hold as trustee for the Supplier the proceeds of such
sale, disposal or process or other monies derived from or representing the Goods, (or any
part thereof), (including insurance proceeds) and shall keep such proceeds or other monies
separate from any monies or property of the Customer any/or any third parties and shall as
soon as possible after receiving the same pay such monies to the Supplier or into a separate
account in trust for the Supplier.
- Warranty and Returns
9.1.The Supplier reserves the right to impose a handling charge of 20% on the price of the
returned goods. A minimum charge of £20.00 applies for all returns.
9.2. Subject to sub-clauses 8.5 and 8.6, any defects which under proper use appear in new, (but
not second-hand) Goods within a period of 12 months, (or as maybe otherwise previously
stated and agreed in writing by the Supplier) after Delivery and which in the reasonable
opinion of the Supplier are found to be due to faulty materials, workmanship, or design, will
be made good by the Supplier provided that within the said 12 month period a claim in
writing is made by the Customer to the Supplier which specifies the date of purchase, the
Order number, the Goods in question and the defect which is claimed by the Customer.
9.3.The warranty in sub-clause 8.1, (and any given in relation to second-hand Goods) does not
apply to any defect in the Goods arising from:
9.3.1. Fair wear and tear;
9.3.2. Wilful damage, abnormal storage or working conditions, accident or negligence by the
Customer, (including the Customer’s employees, agents, consultants and
9.3.3. Failure to use or operate the Goods in accordance with any associated instructions for
9.3.4. Any alteration or repair carried out on the Goods or any part thereof by the Customer or
a third party who is not an authorised repairer;
9.4. Subject to sub-clause 8.8, the warranty at sub-clause 8.1 for all Goods supplied is intended
to cover the replacement or repair free of charge of any Goods/parts deemed faulty, at the
premises of the Supplier, and does not cover the costs of labour or technical intervention at
the Customer premises, including travelling time, air fares and other ancillary costs.
9.5.The Supplier will not accept returns of Goods unless prior authorisation has been obtained
and a Returns Number issued. To obtain authorisation for and a Returns Number for a return
please contact the Retail department on: 01273 891777. The Returns Number must be
clearly identified on both the outer packaging of the Goods returned and on any internal
paperwork at the time that the Goods are returned to the Supplier.
9.6.The Customer may return Goods even if they are not faulty if this is within 30 days of
purchase and as long as the Goods are returned unused and in a saleable condition
complete with their original packaging and any promotional items associated with the
9.7.On cancellation, the Supplier will check and confirm that the Goods to be returned have
been purchased in the last 30 days.
9.8.On cancellation, for whatever reason, where the Customer has received the Goods, the
Customer must return the Goods to the Supplier (together with the original packaging)
without delay and in any event within 14 days after the day of cancellation at the Customer’s
cost, unless the Supplier agrees that the Customer may dispose of them.
9.9.Under no circumstances will open or broken Goods or packages or those in a neglected or
unsaleable condition be accepted for return.
9.10. Please note that some Goods are not suitable to return.
9.11. The Customer’s right to cancel does not apply to any Goods produced or ordered to
the Customer’s requirements or specifications, for example power-coated posts, certain
length posts and other non-stock Goods.
9.12. If the Customer is in the European Union and cancels their order within 14 days after
the day the Customer receives the Goods, the Supplier will refund the standard postage and
packaging cost the Customer paid part of that order in accordance with the Distance Selling
9.13. If the Customer paid for premium or express delivery, the Supplier will only refund
the cost of the standard delivery.
9.14. The Supplier will not refund any postage and packaging charges if the Customer
cancels after the 14 days allowed under the Distance Selling Regulations or if the Customer
only cancels part of their order. Although the Customer will still have three months to return
the Goods and receive a refund for the cost of the Goods.
9.15. The Customer shall inspect the Goods immediately upon Delivery or on collection by
the Customer as the case may be. Acceptance of the Goods shall be deemed to have
occurred within one working day after delivery or collection. Further, within seven days of
Delivery, (time being of the essence) the Customer shall give notice in writing to the Supplier
of any alleged shortages, damage to or defects in the Goods or of any other matter or thing
by reason whereof the Customer alleges that the Goods are not supplied in accordance with
the Contract, such notice must be annotated with the Invoice number and where feasible
accompanied by a photograph of the damage/defect. If the Customer fails to notify the
Supplier within seven days the Customer shall not thereafter be entitled to reject the Goods
or to claim from the Supplier in respect of any shortage, damage, or other defects in Goods
at the time of Delivery, if that shortage, damage or defect could have been discovered on
reasonable inspection at the time of Delivery. If no such complaint is made the Goods shall
be deemed to have been delivered in correct quantity and free from any defect apparent on
9.16. The quantity of any consignment of Goods as recorded by the Supplier upon
dispatch from the Supplier’s place of business shall be conclusive evidence of the quantity
received by the Customer on delivery unless the Customer can provide conclusive evidence
proving the contrary.
9.17. In the case of shortage, damage or other defect in the Goods which was not and
could not have been discovered on reasonable inspection at the time of Delivery, notice
shall be given to the Supplier within seven days after discovery of the shortage, damage or
other defect, otherwise the Customer shall not thereafter be entitled to reject the Goods or
to claim from the Supplier in respect oof any shortage, damage or other defects in Goods.
9.18. The Supplier shall not be liable for any non-delivery of Goods (even if caused by the
Supplier’s negligence) unless written notice is given to the Supplier within 14 days of the
date when the Goods would in the ordinary course of events have been received.
9.19. Any liability of the Supplier 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.
9.20. If requested by the Supplier following notification of a claim under clause 8.5 or
clause 8.6, defective/damaged Goods shall be returned promptly by the Customer to the
Supplier at the Customer’s expense. If, on inspection, the Goods are found to be damaged or
defective, then any reasonable cost of return will be refunded by the Supplier to the
9.21. Where a claim is made under and in accordance with clause 8.5 or clause 8.6 and it
is accepted by the Supplier as valid as per sub-clause 8.1, the Supplier will either, (at its
9.21.1. If the Goods are defective/damaged, replace or repair the said Goods, (or the part in
question) free of charge; and/or
9.21.2. If the Goods are defective/damaged or there is a shortage, refund to the Customer the
Price or (where relevant) the part of the Price that relates to the
defective/damaged/shortage of Goods in questions; and/or
9.21.3. If the Goods are defective/damaged or there is a shortage, reduce (if still outstanding
and at the time not paid in full) the Customer’s obligation to pay the Price or (where
relevant) the part of the Price that relates to the defective/damaged/shortage of Goods
and thereafter, (and subject to sub-clause 10.2) the Supplier shall have no further
liability to the Customer whatsoever in relation to a claim made that there is a shortage,
damage or other defect in the Goods and this clause shall be the Customer’s sole and
9.22. The above warranties are in place of all other warranties, terms and conditions,
whether oral, written, statutory, express or implied, (including warranties, terms and
conditions of fitness for purpose and satisfactory quality) which are, to the fullest extent
permitted by law, excluded and do not apply.
- Installation of the Goods
10.1. The Supplier shall not be liable for any loss or damage (however caused) by virtue of
the installation of the Goods by the Supplier, its agents or any other person on the
instruction of the Customer.
10.2. Installation of the Goods shall at all times be at the Customer’s risk and the Supplier
shall not be liable for any errors or omissions in any specifications or drawings supplied by
11.1. The Supplier will not be held responsible for any problems that arise from the use of
our Site and its links or from downloaded information that is available. Use of this Site is at
your own risk. The Supplier accepts no responsibility for the content and accuracy of the
sites it links to, nor does it accept any liability in connection with any such sites of links.
11.2. The Supplier cannot ensure the exclusion of viruses from the Site and no liability is
accepted for viruses. You are therefore recommended to take all appropriate safeguards
before downloading information from this Site.
11.3. Any ideas or comments sent to the Supplier via the Site shall become the property of
Vine-Works Ltd and as such can be used in any future developments. Vine-Works Ltd holds
the copyright over the entire content and links of this site.
11.4. If the Customer is entering any personal information on this Site, the Customer is
- Copyrights, Patents, Intellectual Property and Information
12.1. Goods offered for sale on our Site may be subject to a patent, trademark, registered
design, unregistered design, copyright, topography right or other intellectual property right
of any person. The Supplier owns the copyright in respect of any pages of our Site, whether
published in paper or electronic form. The reproduction, storage in a retrieval system, or
transmission, in any form or by any means electronic, mechanical, photocopying, recording
or otherwise, in part or in whole, is prohibited without the Supplier’s prior written consent.
Notwithstanding any other provision of these Terms and Conditions, any copyright material,
patent, registered or unregistered design, trademark or other intellectual property right that
forms part of the Goods purchased is retained and will not pass to the Customer.
12.2. The use of the Supplier’s trademark requires the prior written approval of the
13.1. This clause 13 sets out the liability of each party, (including any liability for the acts
or omissions of its employees, agents, consultants and subcontractors) to the other party in
13.1.1. Any breach of any Contract howsoever arising;
13.1.2. The Goods, or any part thereof;
13.1.3. Any representation, statement or tortious act or omission, (including negligence) arising
under or in connection with any Contract; and
13.1.4. Any other liability, (including non-contractual) howsoever arising under any legal theory
whatsoever arising out of or in connection with any Contract.
13.2. Nothing in these Terms and Conditions shall limit or exclude either party’s liability
13.2.1. Death or personal injury caused by its negligence or the negligence of its employees,
agents, consultants or subcontractors;
13.2.2. Fraud or fraudulent misrepresentation; or
13.2.3. For any other matter for which it would be unlawful for the Supplier and/or the
Customer to limit/exclude and/or attempt to limit/exclude liability.
13.3. Subject to clause 13.2, neither party shall under any circumstances whatsoever be
liable to the other party, whether in contract, tort (including negligence), breach of statutory
duty, misrepresentation, restitution and/or otherwise howsoever under any legal theory
whatsoever, for any of the following losses (whether direct or indirect):
13.3.1. Loss of profits or revenue (other than the Price);
13.3.2. Loss of business;
13.3.3. Depletion of goodwill and/or loss of reputation;
13.3.4. Loss of data or information; or
13.3.5. Loss of anticipated savings
nor any other special, indirect or consequential loss, costs, damages, charges or
13.4. Subject to clause 13.2, each party’s total liability to the other party, whether in
contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution
and/or otherwise howsoever under any legal theory whatsoever arising out of or in
connection with any Contract shall in no circumstances exceed three times the value of the
Goods covered by that Contract.
- Force Majeure
14.1. The Supplier shall not be responsible for any delay or failure to fulfil any of its
obligations under a Contract nor be liable for any loss or damage suffered or incurred by the
Customer by reason of any delay in Delivery of the Goods or any part thereof caused directly
or indirectly by any act of God, government or parliamentary action or restriction, war or
national emergency, riot, civil commotion, import or export regulation, strike or labour
dispute whether involving employees of the Supplier or of a third party, lockout, trade
dispute, fire, theft, flooding, explosion, epidemic, breakdown of plant or premises, late or
non-Delivery of any supplies, difficulties in obtaining raw materials, labour, fuel, parts or
machinery, power failure or breakdown in machinery or any other cause whatsoever
beyond the reasonable control of the Supplier.
15.1. In the event of the Customer committing any breach of any term or provision of a
Contract, including for the avoidance of doubt these Terms and Conditions, going into
liquidation, having a receiver, administrator, administrative receiver or other similar officer
appointed over the whole of any part of its assets, becoming bankrupt or apparently
insolvent or entering into any composition or similar arrangement with its creditors, or if any
circumstances arise which, in the sole and reasonable opinion of the Supplier, render any of
the foregoing likely to occur then the Supplier shall be entitled, without notice, to dispose of
any of the Goods in which property shall not have passed to the Customer in accordance
with these Terms and Conditions. The Supplier shall also be entitled to cancel all Contracts
or any part thereof remaining unfulfilled between the Supplier and the Customer.
15.2. Termination of the Contract shall not discharge any pre-existing liability of the
Customer to the Supplier and on such termination the Supplier shall be entitled to recover
from the Customer such loss or damage as the Supplier has suffered by reason of such
- Severance and Assignment
16.1. Any provision of a Contract which is unlawful, void or unenforceable shall to the
extent of such unlawfulness, invalidity or unenforceability be deemed severable and severed
and shall not affect any other provision of that Contract.
16.2. A Customer may not transfer, assign, sub-contract, charge or otherwise deal in any
manner whatsoever with any of its rights or obligations under a Contract without the
Supplier’s prior written consent.
17.1. No waiver or forbearance by a party (whether expressed or implied) in enforcing any
of its rights under a Contract shall prejudice its right to do so in the future.
- Rights of Third Parties
18.1. Save as expressly provided none of the provisions of any Contract are intended to or
will operate to confer any benefit (pursuant to the Contracts (Rights of Third Parties) Act
1999) on a person who is not named as a party to that Contract.
- Customer Obligations
19.1. The Customer should consider their obligation to ensure that all equipment used in
the course of their business must be safe and subject to an appropriate risk assessment by a
competent person before it is used.
- Information and Confidentiality
20.1. Information received by employees, contractors or agents of the Company will not
be used for any personal gain, nor will it be used for any purpose beyond that for which it
20.2. The Company will at all times ensure that it complies with all applicable
requirements of the EU Regulation 2016/679, generally known as the General Data
Protection Regulation (GDPR) legislation, (including, but not limited to, the Data Protection
Act 2018) in force from time to time.
21.1. All Contracts and any disputes or claims arising out of or in connection with them or
their subject matter or formation (including non-contractual disputes or claims) shall be
governed by and construed in accordance with English law.
21.2. The parties irrevocably agree that the Courts of England and Wales shall have
exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with
any Contract (including, for the avoidance of doubt, these Terms and Conditions and/or any
non-contractual disputes or claims) or its subject matter or formation.