Terms & Conditions of sale
These conditions shall apply to any contract or tender made, quotations or estimates given or Goods supplied by HAV Control Ltd (hereinafter called "the Company") except where the Company agrees in writing to any variation thereof. Any person to whom any tender, quotation or estimate is given, or Goods supplied, or with whom any contract is made is hereinafter called a "Customer".
1.1 In these Terms:
"GOODS" means the goods (including any instalment of the goods or any part of them) which the Company is to supply in accordance with these Terms;
"CONSUMER" means any individual purchasing the Goods for their own personal use and ownership and not for manufacture or resale (within the meaning of the Unfair Contract Terms Act 1977);
"CONTRACT" means the contract for the sale and purchase of the Goods;
"INCOTERMS" means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract is made;
"TERMS" means the standard terms of sale set out in this document and (unless the context otherwise requires) includes any special terms agreed in Writing between the Customer and the Company;
"WRITING" and any similar expression, includes facsimile transmission but not electronic mail or other forms of electronic communication.
"SERVICES" means noise and vibration consultation, advice given post sales or during evaluation;
1.2 A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Terms are for convenience only and shall not affect their interpretation.
2 Basis of the Sale
2.1 These Terms, shall govern the Contract to the exclusion of any other Term subject to which any quotation is accepted or purported to be accepted or any such is made or purported to be made by the Customer;
2.2 No variation to these Terms shall be binding unless agreed in Writing between the authorised representatives of the Customer and the Company.
2.3 The Company’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Company in writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
2.4 Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Company is followed or acted upon entirely at the Customer’s own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
2.6 The information contained within the brochures, catalogues, data sheets, price lists and other matters are intended as a general guide only and shall not be regarded as part of a contract unless that Contract specifically states that they shall.
3 Orders and Specifications
3.1 No order submitted by the Customer shall be deemed to be accepted by the Company unless and until confirmed in Writing by the Company’s authorised representative.
3.2 The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Customer, and for giving the Company any necessary information relating to the Goods or Services within a sufficient time to enable the Company to perform the Contract in accordance with its terms.
3.3 If the Goods are made to be manufactured or any process is to be applied to the Goods by the Company to a specification, instruction or design supplied by the Customer or any third party on behalf of the Customer then:
3.3.1 the suitability and accuracy of that specification, instruction or design will be the Customer’s responsibility;
3.3.2 the Customer will indemnify the Company against any infringement or alleged infringement or any third party’s intellectual property rights including but not limited to patent, design right, registered design, trademark, trade name or copyright and any loss, damage or expense which it may incur by reason of any such infringement or alleged infringement in any country
3.3.3 the Customer will indemnify the Company against any loss, damage costs or expense in respect of any liability arising in any country by reason of the Goods being made to such specification, instruction or design.
3.4 The Company reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or E.U. requirements or, where the Goods are to be supplied to the Company’s specification, which do not materially affect their quality or performance.
4 Tenders, Estimates and Quotations
4.1 All tenders quotations and estimates made or given by the Company shall be valid for 30 days and however worded shall constitute invitations to treat only and will only form part of a contract when a formal order (the offer) has been accepted by the Company.
4.2 The Company reserves the right, by giving Written notice to the Customer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), and change in delivery dates, quantities or specifications for the Goods which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions.
4.3 The cost of pallets and returnable containers will be charged to the Customer in addition to the price of the Goods, but full credit will be given to the Customer provided they are returned undamaged to the Company before the due payment date.
4.4 In the case of the Company supplying Goods of origin outside the U.K. The Company reserves the right to modify the price of the Goods in the event of the currency exchange rate changing between the date of the Company’s acceptance of the order and the date of availability of the Goods for dispatch or collection. The currency exchange rate is the ratio defining the value of the pound sterling against that currency of the country of origin of the Goods.
5. Terms of Payment
5.1 Notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Customer the time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
5.2 If the Customer fails to make any payment on the due date then, without limiting any other right or remedy available to the Company, the Company may:
5.2.1 cancel the contract or suspend any further deliveries to the Customer;
5.2.2 appropriate any payment made by the Customer to such of the Goods (or the goods supplied under any other contract between the Customer and the Company) as the Company may think fit (notwithstanding any purported appropriation by the Customer); and
5.2.3 charge the Customer interest (both before and after any judgement) on the amount unpaid, at the rate of three per cent per calendar month above the base rate of HSBC Bank from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
6.1 Delivery dates given are estimates only and whilst the Company will use its best endeavours to comply with the Customers delivery request the Company cannot be held responsible for any delay of delivery or availability for collection. Time for delivery shall not be of the essence of the Contract.
6.2 Unless otherwise agreed in writing by the Company, the Company shall deliver the Goods by the means most convenient to the Customer to the address or addresses specified by the Customer at the time of placing his order or (in the event that the Customer fails so to specify an address) to any address at which the Customer resides or carries on business.
6.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments in accordance with these Terms or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole as repudiated.
6.4 If the Company fails to deliver the Goods (or any instalment) for any reason other than any cause beyond the Company’s reasonable control or the Customer’s fault, and the Company is accordingly liable to the Customer, the Company’s liability shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
6.5 If the Customer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customers reasonable control or by reason of the Company’s fault) then, without prejudice to any other right or remedy available to the Customer, the Company may at its option:
6.5.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage or
6.5.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract. The Customer shall pay such shortfall to the Company within 28 days of the date of the Company’s demand therefore.
7 Passing of Risk
7.1 The risk in the goods shall pass from the Company to the Customer:
7.1.1 when the goods are delivered to the Customer’s premises or at the time when the Company notifies the Customer that the Goods are available for collection; or
7.1.2 in the case of the Goods to be delivered otherwise than at the Company’s premises, at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods.
7.2 Delivery shall be deemed completed before off loading. All Goods shall be at the Customers sole risk at all times and the Company shall not be liable for any loss of or damage sustained by any goods left with the Customer howsoever caused and whether or not attributable to negligence on the part of the Company.
7.3 In the case of goods with an overseas destination the risk shall pass when the Goods leave the Company’s premises.
8 Passing of Property and Retention of Title
8.1 The following provisions shall apply to all contracts and to all Goods which under the Contract the Company agrees to supply to the Customer. No failure by the Company to enforce strict compliance by the Customer with such provisions shall constitute a waiver thereof and no termination of the Contract shall prejudice limit or extinguish the Company’s rights under this paragraph.
8.2 Upon delivery of the Goods the Customer shall hold the Goods solely as bailee for the Company and the Goods shall remain the property of the Company (legally and beneficially) until such time as the Customer shall have paid to the Company and the Company shall have cleared funds for the payment in full of the price of the Goods and all other goods agreed to be sold by the Company to the Customer for which payment is then due. Until such time as the Property in the Goods passes to the Customer, the Customer shall hold the Goods as the Company’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as the Company’s property.
8.3 Until such time as the property and the Goods passes to the Customer the Company shall be entitled to recover the Goods or any part thereof and for the purpose of exercising such rights the Customer hereby grants a licence to the Company to enter upon the Customer’s premises and any other location where the Goods are situated and remove the Goods, or the Company may at any time require the Customer to deliver up the Goods to the Company
8.4 The Customer is hereby granted a licence by the Company to resell or use the Goods in the ordinary course of its business.
8.5 The licence granted under clause 8.2 hereof shall extend to detaching the Goods from any property to which they are attached
8.6 The Customer is hereby licensed to agree to sell on the Goods on condition that the Customer shall inform its Customer of the provisions of the clauses above. The Customer acts as the company’s bailee in respect of any such sale and shall pay such proportion of the proceeds of sale as is equal to its outstanding liability to the Company at any particular time into a separate account or, otherwise shall ensure that the proportion of the proceeds of sale are kept by or on behalf of the Customer in a separate and identifiable form. The proceeds shall not be paid into an overdrawn bank account. Upon receipt of the proceeds of sale, the Customer shall discharge the debt due to the Company whether or not payment has become due and shall not use or deal with the proceeds of sale in any way until such debt has been discharged
8.7 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company, but if the Customer does so all moneys owing by the Customer to the Company shall (without limiting any other right or remedy of the Company) forthwith become due and payable.
8.8 The licences granted under the clauses above shall be terminable forthwith at any time upon notice by the Company to the Customer.
9 Cancellation, Failure to Pay or Deferment
9.1 Cancellation of an order/service (consultancy, testing of any tools/noise/air monitoring or training courses being carried out) by the Customer in whole or in part may only be made with the written consent of the Company and on terms that will indemnify the Company in full for all loss (including loss of profit) costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company in respect of the order and its cancellation and a cancellation charge of 15% of the total order value will be made at the discretion of the Company. If transfers and hotels have been booked and a refund cannot be made an additional charge will be made, along with any additional costs that have already incurred. For further information relating to cancellation of consultancy testing of tools and training courses please contact HAV Control Ltd
9.2 If there shall be an intervening event the Company may, within a reasonable time thereafter, defer or cancel any further deliveries or services, stop any Goods in transit and treat the Contract of which these conditions form part as determined but without prejudice to its rights to the full purchase price for Goods delivered and Services performed and damages for any loss suffered in consequence of such determination. For the purposes of this clause “an intervening event” shall mean any such event as is described hereof.
9.3 An intervening event shall be any of the following:
9.3.1 failure by the Customer to make any payment when it becomes due
9.3.2 breach by the Customer of any of the terms and conditions of the Contract
9.3.3 the Customers proposal for or entry into any composition or arrangement with creditors
9.3.4 the presentation against the Customer of any Petition for a Bankruptcy Order, Administration Order, Winding-Up Order, or similar process
9.3.5 the appointment of an Administrative Receiver or Receiver in respect of the business or any part of the assets of the Customer
9.3.6 the Company forming the reasonable opinion that the Customer has become or is likely in the immediate future to become unable to pay his, her or its debts (adopting, in the case of a Company, the definition of that term set out in Section 123 of the Insolvency Act 1986).
9.4 Clauses 9.1, 9.2 and 9.3 shall not apply to Consumers. Consumers may cancel any order for Goods at any time up to the end of the seventh working day from the date the consumer receives the ordered Goods. The consumer does not need to give the Company any reason for cancelling the order nor will the consumer have to pay any penalty.
9.5 To cancel an order the consumer must notify the Company in writing by any of the following methods:
9.5.1 by e-mail sent to firstname.lastname@example.org
9.5.2 by post to Alpha House, Countesthorpe Road, South Wigston, Leicester, LE18 4PJ. UK.
9.5.3 by leaving a notice of cancellation at Alpha House, Countesthorpe Road, South Wigston, Leicester, LE18 4PJ. UK.
9.6 If the consumer has received the goods before cancelling the order then the consumer must send the goods back in their original condition to the company’s contact address at the consumer’s own risk unless the item is defective or the company has delivered the item to the consumer in error. If the consumer cancels the order but the company has already processed the goods for delivery the consumer must not unpack the goods when they are received by the consumer and must sent the goods back to the company at the contact address at the consumer’s own risk as soon as possible. If the company does not receive the item back from the consumer, the company may arrange for collection of the item from the consumer at cost.
9.7 When the company receives notice of the consumer’s cancellation of the order for any item, the company will refund the price paid by the consumer for that item or at the consumer’s request if the item is defective will repair the item or supply a replacement item. The company will not refund the delivery charge for sending the item to the consumer unless the consumer is returning an entire order.
10 Return of Goods
10.1 Any Goods returned to the Company must be dispatched properly addressed to the correct location supplied by the Company at the time of your return request. The carriage should be fully paid and correctly packed with the Company’s instructions, Goods properly supplied against customer order will under no circumstances be accepted for return. Please click here to see our full Returns Policy.
11 Claims for Non Delivery, Damage in Transit etc
11.1 In the case of Goods dispatched from the Company’s premises for a United Kingdom destination where the contract price includes free delivery, the Company will repair or replace free of charge Goods damaged in transit provided the carrier and Company are notified of such damage within seven days after delivery.
11.2 Failing such notification the Goods will be deemed to have been delivered undamaged irrespective of its actual state or condition. In the case of Goods with an overseas destination or Goods transported direct to the Customer without passing through the Company’s premises the Company does not undertake to insure the Goods in transit unless specifically requested in writing to do so at the customers cost. Claims for non receipt, damage in transit or unsatisfactory quality will only be considered if made in writing within 10 days of invoice date.
12 Guarantee and Liability
12.1 Goods. If any Goods manufactured by the Company shall in the opinion of the Company fail solely as a result of faulty design, workmanship or materials within the guarantee period (defined in the product literature) effective from the date of dispatch or collection from the Companys factory then the Company shall make good such failure by replacement or repair. Any replacement dispatched from the Companys premises will be supplied free of charge ex-works the Companys factory. The replacement Goods shall be treated for the purposes of this guarantee as if they had been dispatched or collected from the Companys factory and installed at the Customers site on the same dates as the first and original equipment. In the case of Goods not manufactured by the Company the Company offers no guarantee but subject to being indemnified to its satisfaction will use its best endeavours to enforce for the benefit of the Customer any guarantee to which the Company may be entitled from the manufacturer.
12.2 Repairs. In the event of any failure or defect in any Goods during the appropriate guarantee period stipulated herein the Customer shall forthwith notify the Company or its accredited agent of the nature of such failure or defect who will immediately instruct the Customer in the manner in which such failure or defect should be dealt with. Pending the receipt of such instructions from the Company or its accredited agent the customer shall not attempt to carry out any repair on or use the Goods and upon receiving such instructions the customer shall only carry out the work on or use the Goods strictly in accordance with the express instructions of the Company or its accredited agent. If in the opinion of the Company or its accredited agent the faulty Goods or components thereof may satisfactorily be returned to the Companys factory for repair, the repaired part will be delivered free of charge ex-works the Companys factory. Where in the opinion of the Company or its accredited agent it is necessary for the Companys service engineer to effect a replacement or repair, the work will be carried out free of any labour charge to the Customer but the Customer shall nevertheless be responsible for the engineers travelling and accommodation expenses and a reasonable subsistence allowance. Where at the Customers request the Companys service engineer effects a repair or replacement which in the Companys opinion could have been effected by the Customers returning the Goods to the Company, the Customer shall pay a charge for labour at currently prevailing rates in addition to the engineers travelling and accommodation expenses and a reasonable subsistence allowance.
12.3 The above clauses are subject to the following conditions: -
12.3.1 The Company shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Customer;
12.3.2 The Company shall be under no liability in respect of any defect arising from wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without the Company’s approval;
12.3.3 The Company shall be under no liability under the above Guarantee (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment.
12.4 Subject as expressly provided in these Terms, and except where the Goods are sold to a person dealing as a Consumer, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
12.5 Where the goods are sold under a Consumer transaction (as defined by the Consumer transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Terms.
12.6 A claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specifications shall (whether or not delivery is refused by the Customer) be notified to the Company within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Customer does not notify the Company accordingly, the Customer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Goods have been delivered in accordance with the Contract.
12.7 Except in respect of death or personal injury caused by the Company’s negligence, or liability for defective products under the Consumer Protection Act 1987, the Company shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use or resale by the Customer, and the entire liability of the Company under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Terms.
12.8 The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Company’s reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control:
12.8.1 Act of God, explosion, flood, tempest, fire or accident;
12.8.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
12.8.3 acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
12.8.4 import or export regulations or embargoes;
12.8.5 strikes, lock outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
12.8.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
12.8.7 power failure or breakdown in machinery.
13. Re-Sale by the Customer
13.1 Should the Customer dispose of any Goods supplied by the Company any guarantee which may at that time be in force shall not be transferable to any other party.
14.1 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Terms but in the event of any inconsistency between Incoterms and any express term of the Contract the latter shall prevail. The Company shall be under no obligation to give the Customer the notice specified in section 32 (3) of the Sale of Goods Act 1979.
14.2 The Customer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon.
14.3 The Customer shall be responsible for arranging, for testing and inspection of the Goods at the Company’s premises before shipment. The Company shall have no liability for any claim in respect of any defect in the Goods which would be apparent on inspection and which is made after shipment, or in respect of any damage during transit.
15.1 If a claim is made against the Customer that the Goods infringe or that their use or resale infringes the patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person, then unless the claim arises from the use of a drawing, design or specification supplied by the Customer, the Company shall indemnify the Customer against all loss, damages, costs and expenses awarded against or incurred by the Customer in connection with the claim, or paid or agreed to be paid by the Customer in settlement of the claim, provided that:
15.1.1 the Company is given full control of any proceedings or negotiations in connection with the claim;
15.1.2 the Customer shall give the Company all reasonable assistance for the purposes of any such proceedings or negotiations;
15.1.3 except pursuant to a final award, the Customer shall not pay or accept the claim, or compromise any such proceedings without the consent of the Company (which shall not be unreasonably withheld);
15.1.4 the Customer shall do nothing which would or might vitiate any policy of insurance or insurance cover which the Customer may have in relation to such infringement, and this indemnity shall not apply to the extent that the Customer recovers any sums under any such policy or cover (which the Customer shall use its best endeavours to do);
15.1.5 the Company shall be entitled to the benefit of, and the Customer shall accordingly account to the Company for, all damages and costs (if any) awarded in favour of the Customer which are payable by, or agreed with the consent of the Customer (which consent shall not be unreasonably withheld) to be paid by, any other party in respect of any such claim; and
15.1.6 without limiting any duty of the Customer at common law, the Company may require the Customer to take such steps as the Company may reasonably require to mitigate or reduce any such loss, damages, costs or expenses for which the Company is liable to indemnify the Customer under this clause.
16 Insolvency of Customer
16.1 This clause 16 applies if:
16.1.1 the Customer made a composition or voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) enters administration or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction), or a moratorium comes into force in respect of the Customer (within the meaning of the Insolvency Act 1986); or
16.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or
16.1.3 the Customer ceases, or threatens to cease, to carry on business; or
16.1.4 the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Company accordingly
16.2 If this clause applies then, without limiting any other right or remedy available to the Company, the Company may cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, 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
17.1 Where the Customer requires Goods to be installed and/or commissioned on the Customers site the Company will be prepared to contract separately for the provision of such work or services. Installation shall consist only of the connection of Goods into existing water air electrical or other basic facilities and shall under no circumstances include the provision extension or alteration of such basic facilities which it shall be the Customers responsibility to provide in accordance with the Companys recommendations. Commissioning shall include the setting up of Goods and the demonstration that they work to a test specification agreed to in writing by both parties. The Company will under no circumstances enter into a commissioning contract which calls for the adherence to a test specification which is more onerous than the published performance specification of its equipment or a contract which calls for commission of equipment which is not either of the Companys manufacturer or sold by the Company. Under these circumstances the Company will only prepare to demonstrate that the individual items supplied by the Company perform to their individual published specifications.
17.2 It will be the Customers responsibility to ensure that items not manufactured or sold by the Company but which are intended to work with Goods manufactured or sold by the Company as part of a system to do work in the manner required by the Customer and will when connected to Goods manufactured or sold by the Company provide the Customer with the performance specification that he requires.
17.3 Time of passing of risk in equipment commission. Where the Contract includes commissioning by the Company the risk in the Goods shall not be deemed to have passed from the Company to the Customer until whichever is the earliest of the following dates:
I. the date of completion of the commissioning;
II. the date of completion of any tests agreed to be included in the commissioning;
III. the date falling one calendar month after the Goods have first been put into use by the Customer.
17.4 The time of the passing of the risk in the Goods to the Customer shall not be delayed on account of additions or minor omissions or of defects not materially affecting the use of the Goods. The use of the Goods by the Customer in any way whatsoever before completion of commissioning or acceptance tests have been completed shall constitute full acceptance by the Customer of the complete fulfilment of all the Companys obligations both under the commissioning contract and the original contract whereby the Goods were supplied.
18 Governing Law
18.1 The contract shall in all respects by constructed and operated in conformity with English Law and each party agrees to submit to the jurisdiction of the English Courts.
19.1 If any provision of these conditions is or becomes illegal, void or unenforceable for any reason, the validity of the remaining provisions shall not be affected.
20.1 Failure by the Company to enforce strict compliance of these conditions by the Customer will not constitute a waiver of any of the provisions of these conditions.
21.1 These Terms do not exclude or restrict the liability of the Company towards any Buyer who is a Consumer within the Unfair Terms in Consumer Contracts Regulations 1999 or the Unfair Contract Terms Act 1977.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS
HAV CONTROL LIMITED
Company No. 07173589
HAV Control Limited is registered with the Data Protection Act 1998 – Registration No. Z1275448.