These Terms of Sale apply to direct sales via the Internet.
UK ORDERS – The prices quoted on this web-site are inclusive of UK VAT, charged at the standard rate. The product prices quoted exclude delivery, the details of UK delivery costs can be found here.
OVERSEAS ORDERS – We welcome orders from areas outside mainland United Kingdom. Our prices are quoted in GBP, USD or Euros, please use the dropdown button at the top of the page to choose your preferred currency. The exchange rate is updated each day and prices will be charged at the rate of the day.
The delivery prices detailed on the web-site apply ONLY to mainland UK.
Product prices for overseas orders are quoted ‘Ex-works’ UK, if you require a quote for overseas shipping, please telephone our sales team on +44 (0) 1254 460321 or by e-mail at firstname.lastname@example.org for further assistance.
SALES TAX / VAT – VAT will be charged at the current British VAT rate on all orders placed within Great Britain.
ORDERING ONLINE & SECURITY – We understand the concerns regarding credit card transactions online. All payment transactions completed online are done so via secure Stripe facilities.
CREDIT CARD PROCESSING – All transactions completed online are done so via secure Stripe facilities.
CUSTOMER PRIVACY – We NEVER release our customers details to third parties for marketing purposes. We DO have to share your address and contact details with our third party carriers in order to facilitate the delivery of your order.
CUSTOMER SERVICE – If you have any queries or questions about your order, please contact us by telephone at +44 (0) 1254 460321 or by e-mail at email@example.com. Our office hours are: Monday – Friday 9.00am – 5.00pm GMT.
DELIVERY TIMES – We aim to despatch orders of white sinks and basins within 5 working days. Delivery will normally be within 1-3 working days from despatch. Coloured and mottled sinks and basins will be subject to longer lead-times.
RETURNS & REFUNDS – You have the right to return products to us, within 30 days of delivery, except in the case of bespoke items.
Products must be returned to us in the original packaging and in a re-saleable condition, unless they are faulty or not as described.
If you choose to return any items you must arrange for the goods to be returned to our warehouse, at your cost.
This does not affect your statutory rights as a consumer.
DAMAGED OR FAULTY GOODS – Please inspect the goods within 3 days of receipt. Should anything appear to be damaged or faulty, please contact us immediately. We may ask you to send images of such products to help us in our decision making regarding the fault or damage. Subject to availability, we will forward a replacement as soon as possible.
This does not affect your statutory rights as a consumer.
General Terms & Conditions of Sale
1. Definitions and Interpretation
(a) These Conditions of Sale (“the Conditions”) supplied by The Whitebirk Sink Company Limited (“the Company”) to a purchaser (“the Buyer”) shall be incorporated into each contract (“the Contract”) made by the Company for the sale of the Company’s goods (“the Goods”).
(b)The Company contracts as aforesaid upon such terms as are agreed between the Company and the Buyer and upon the terms of the Conditions alone. No conditions or terms of the Buyer shall apply to the Contract. No variation of any of the Conditions shall be effective unless in writing and signed by a Director or other authorised person of the Company.
(c) Unless the context otherwise requires:-
(i) references to statutory provisions shall be construed as references to those provisions respectively amended or re-enacted from time to time and shall include any provisions of which they are re-enactments (whether with or without modification). References to statutes include references to orders regulations or other subordinate legislation made under them or vice versa; and
(ii) words importing one gender shall be treated as importing any gender. Words importing individuals shall be treated as importing corporations, unincorporated associations and firms and vice versa. Words importing the singular shall be treated as importing the plural and vice versa and words importing the whole shall be treated as including a reference to a part thereof and vice versa.
(a) All prices shall be as stated by the Company. Prices are subject to change without notification, and while every effort is made to ensure the accuracy of the prices displayed on https://www.whitebirksink.co/ they are not guaranteed to be accurate. If any price is different from that displayed, we will inform you before dispatching the order and you will have the option of continuing with the order or not.
(b) All prices shall be inclusive of any applicable value added tax.
(c) The Company shall be entitled to increase the price if the cost of production of the Goods is increased as a result of increases in wages or materials, fluctuations in exchange rates or any other cause beyond the Company’s reasonable control and the Company shall notify the Buyer of any variation before delivery of the Goods.
All sums owed by the Buyer in respect of Goods shall be paid in full prior to despatch by the Company.
(a) Delivery shall take place when the Goods are unloaded at or delivered to the Buyer’s premises or other delivery location agreed between the Company and the Buyer except that if the Buyer collects or arranges collection of the Goods from the Company’s premises, or nominates a carrier for the Goods delivery shall take place when the Goods are loaded at the Company’s premises.
(b) Time for delivery shall not be of the essence unless previously agreed by a Director or other authorised person of the Company in writing. The Company will use its reasonable endeavours to complete delivery on or before any delivery dates requested by the Buyer or estimated by the Company but will not be liable for any delay in delivery.
(c) The Buyer shall accept immediate delivery or arrange to collect the Goods or arrange suitable storage, failing which the Company may either:-
(i) effect delivery by whatever means it thinks most appropriate; or
(ii) arrange storage at the Buyer’s risk and expense pending delivery; or
(iii) re-sell or otherwise dispose of the Goods without prejudice to any other rights the Company may have against the Buyer for breach of contract or otherwise.
(d) Where the Contract provides for delivery by instalments, each instalment shall constitute a separate contract and any failure or defect in any one or more instalments delivered shall not entitle the Buyer to repudiate the agreement nor to cancel any subsequent instalments.
(e) The Buyer shall not be entitled to reject the Goods by reason only of short delivery.
(f) The quantity of the Goods delivered under the Contract shall be recorded by the Company upon despatch from the Company’s factory or warehouse and the Company’s record shall be accepted by the Buyer as conclusive evidence of the quantity delivered.
6. Examination and Claims
(a) The Buyer shall upon delivery examine the Goods and shall promptly (but in any event within 3 days of delivery) notify the Company in writing and the carrier, where relevant, of any apparent damage defect or shortage.
(b) The Buyer shall comply with the carrier’s rules, regulations and requirements so as, when appropriate, to enable the Company to make a claim against the carrier in respect of any damage or loss in transit.
(c) Claims in respect of damage defects or shortage not apparent on examination under Condition 7 (a) must be notified in writing to the Company within 21 days of the date of delivery.
(d) Notification under Condition 7 (a) and (c) above shall be first made by telephone then by notice in writing delivered by facsimile or by first class recorded delivery mail and addressed to the Company’s head office. In default of such notification the Company shall, subject to any claim which the Buyer may have under the Warranty referred to in Condition 8, be deemed conclusively to have properly performed its obligations under the Contract.
(a) Lifetime warranty – The Company warrants (“the Warranty”) only that the Goods are reasonably free from defects in design, material or workmanship for the period of 12 months or other such period as stated by the Company in writing from the date of sale by the Buyer to the final consumer or, where the Buyer is a consumer, from the date of sale to the Buyer (“the Warranty Period”) provided always that in respect of goods, materials, parts or components supplied but not manufactured by the Company the Warranty shall be equivalent to the warranty (if any) which the Company may have received from the manufacturer or supplier of such goods, materials, parts or components but not so as to impose a liability greater than that imposed on the Company by the aforesaid Warranty and provided that the Buyer has given the Company written notice enclosing the original sales receipt issued by the Buyer to the final consumer and satisfactory proof of any defect promptly upon discovery of such defect but in no case later than 30 days after expiry of the Warranty Period.
(b) The Company’s obligations to the Buyer under the Warranty shall not apply:-
(i) to damage caused by the Buyer’s or any third party’s act (including but not limited to the final consumer), default or misuse of the Goods or by failure to follow any instructions supplied with the Goods;
(ii) if the Goods have been stored, handled or applied in such a way that in the opinion of the Company damage is likely to occur;
(iii) if the Goods are altered, modified or repaired in any place other than the Company’s factory or premises or by persons not expressly nominated or approved in writing by the Company.
(c) Subject as expressly provided in these Conditions and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 or the Unfair Terms in Consumer Contracts Regulations 1994), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
(d) Subject to Condition 8 (c) above the Company shall at its sole option repair or replace the Goods or refund the purchase price for the Goods found to be defective in design, materials or workmanship.
(e) Save for liability for death or personal injury arising from the Company’s negligence (which if proved is not excluded) the Company’s obligation to refund or replace as aforesaid shall constitute the full extent of the Company’s liability in respect of any loss or damage sustained by the Buyer whether caused by any breach of the Contract or by misrepresentation (unless fraudulent) or by the negligence of the Company its employees or agents or arising from any other cause whatsoever and the Company shall not be liable for any loss of profit or any consequential, economic, special or indirect loss suffered by the Buyer arising therefrom.
(f) The cost to the Company of and incidental to the return by the Buyer to the Company of any of the Goods delivered hereunder, including those Goods returned pursuant to Condition 12 shall be the responsibility of the Buyer who shall fully indemnify the Company against any such costs including, but without limitation to the generality of the foregoing, costs of transport and testing or any other cost or loss to the Company arising therefrom.
(g) Notwithstanding Condition 8 (e) above the Buyer shall, except where he is a person who suffers personal injury or death or loss or damage to property such as to give rise to a claim under the Consumer Protection Act 1987, fully indemnify the Company against all loss, damage, liability, legal fees, costs and expenses arising from any such claim made against the Company under the Consumer Protection Act 1987.
8. Property and Risk
(a) Risk of damage to or loss of the Goods shall pass to the Buyer on delivery (or, where the Buyer is to collect the Goods at the Company’s premises, at the time the Company notifies the Buyer that the Goods are ready for collection) and the Goods should be insured by the Buyer accordingly.
(b) Property (both legal and beneficial) in the Goods shall remain in the Company until all sums owing to the Company whether under the Contract or any other contract at any time between the Company and the Buyer made prior to the date of the Contract shall have been paid in full.
(c) Until such time as property in the Goods passes to the Buyer the Buyer shall hold the Goods as fiduciary agent and bailee for the Company and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Company’s property.
(d) Until such time as the property in the Goods passes to the Buyer the Company may at any time require the Buyer to deliver up the Goods to the Company and, if the Buyer fails to do so forthwith, enter on any premises or land in the ownership or possession of the Buyer and remove the Goods notwithstanding that they are affixed to such premises or land and the Buyer shall indemnify the Company on a full indemnity basis against all loss, damage, costs or expenses so arising including loss, damage, costs or expenses in respect of third party claims. Such retaking of possession or re-delivery shall be without prejudice to the obligation of the Buyer to purchase the Goods;
(e) The Buyer 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 Buyer does so all moneys owing by the Buyer to the Company shall (without limiting any other right or remedy of the Company) forthwith become due any payable.
9. Cancellation, Suspension and Termination
(a) If the Buyer shall purport to cancel the whole or any part of the Contract the Company may by notice in writing to the Buyer elect to treat the Contract as repudiated and the Buyer shall thereupon be liable to pay to the Company by way of liquidated damages a sum equal to all the expenses incurred by the Company in connection with the Contract including an appropriate amount in respect of administrative overheads, costs and losses of profit. The Company’s reasonable estimate of the expenses incurred shall be final and binding on the parties.
10. Force Majeure
(a) Insofar as the performance of the Contract by the Company may be affected by any strike, any lack of available shipping or transport or materials, any restriction regulation or decree by any local or municipal authority or government department or by any cause beyond the Company’s reasonable control (which shall be construed without reference to the preceding causes) the Company may elect at its absolute discretion either:-
(i) to terminate the Contract; or
(ii) to proceed to perform or continue performance under the Contract within a reasonable time after the termination of such events or circumstances.
(b) In the event that the Company makes an election under Condition 11 (a) the Buyer shall accept the Goods or such part of them as are delivered to it notwithstanding any delay.
(a) Should any one or more of these Conditions be found to be or become invalid illegal or unenforceable in any respect under any law the enforceability and validity of the remaining Conditions shall not in any way be affected or impaired thereby.
(b) No waiver by the Company of any breach of the Contract by the Buyer shall be considered as a waiver of any past or subsequent breaches of the same or any other provision.
(c) It is expressly agreed that the contractual and legal relationship between the Company and the Buyer is that of Seller and Buyer and no relationship of Principal and Agent is expressed implied or to be inferred.
(d) The Company may assign, transfer or sub-contract the Contract or any part of the Contract to any person, body or company. The Buyer may assign the Contract provided that the Buyer has first obtained the Company’s prior written consent to the assignment.
(e) The Contract can only be varied or rescinded by the agreement in writing of a Director or other authorised person of the Company. No other employee or agent of the Company shall have any authority whatsoever to vary or rescind the Contract.
(f)Unless the right of enforcement is expressly granted it is not intended that a third party has the right to enforce a provision of these Conditions under the Contracts (Rights of Third Parties) Act 1999.
(g)Any notice required to be given under these Conditions shall be in writing and shall be served by sending the same by pre-paid first class post to the current relevant address of the receiving party. Any notice sent by post, shall be deemed to have been served 48 hours after despatch and in proving service of the same it will be sufficient to prove, in the case of a letter, that such letter was properly pre-paid, addressed and placed in the post and, in the case of a fax that such fax was despatched to a current fax number of the addressee.
(g) The Contract shall be governed by and construed in accordance with English Law and the Company and the Buyer hereby submit to the non-exclusive jurisdiction of the English Courts.
‘Company’ means Whitebirk Sink Co Ltd
‘Customer’ means the person, firm or company placing an order with the Company.
‘Goods’ means all those goods and materials which are the subject of the Customer’s order and which are to be supplied to the Customer by the Company under these Conditions.
‘Conditions’ means the terms and conditions set out below.
‘Contract’ means the contract for the supply of Goods formed by the Company’s acceptance (which, however made or communicated, shall be deemed to be subject to these Conditions) of the Customer’s order.
All Goods sold by the Company are sold subject to these Conditions and unless otherwise agreed in writing by a director of the Company these Conditions shall be the sole terms and conditions of any sale by the Company to the Customer. Terms and conditions on the Customer’s order form or other similar document shall not be binding on the Company and the placing of an order for or the acceptance of the Goods by the Customer shall indicate unqualified acceptance of these Conditions.
No representative, agent or sales person has the Company’s authority to vary, amend or waive any of these Conditions on behalf of the Company and no amendment or addition to any of these Conditions shall be deemed to have been accepted unless accepted in writing by a director of the Company.
The Company reserves the right to correct any clerical or typographical errors made by its employees at any time upon notice to the Customer.
The prices, quantities and delivery times stated in any quotation are binding on the Company provided there are no changes to scope or timescales and they have not beenprovided for budget purposes only.
The price is inclusive of the cost of delivery, customs duties at the prevailing rate and all other taxes and expenses in respect of the Goods.
Colours or finishes outside the Company’s standard range shall (unless otherwise stated) be subject to extra charge. Unless otherwise specified, drawing office services and/or taking off of quantities are not included in the prices for Goods and shall be subject to extra charges if supplied.
The Company cannot guarantee continued stocks of the same type of products as the Goods following delivery and the Customer shall ensure that sufficient quantities of Goods are ordered. Prices shall not be valid for subsequent orders of Goods even if there is no change to the specifications.
All drawings, photographs, illustrations, dimensions, weights and other technical information and particulars of the Goods and any samples are given by the Company in the belief that they are as accurate as reasonably possible but are not to be treated as binding or as forming part of the Contract.
The Customer shall pass on to all third parties to whom it may supply the Goods any and all safety, storage and/or usage and/or installation instructions and guidance provided by the Company to the Customer in relation to the Goods.
Notwithstanding that the Company may have given a detailed quotation, no order shall be binding on the Company unless and until it has been accepted in writing by the Company.
Unless otherwise agreed, the Customer shall take delivery of Goods (or instalments thereof) at the Company’s premises within 14 days of receiving notice from the Company that such Goods are ready (and risk shall pass on the 14th day if not before).
If clause 5.2 does not apply and unless otherwise agreed, delivery of Goods within the UK will be made at the cost and risk of the Customer to the address specified in the Customer’s order by any method of transportation regarded as suitable by the Company at its discretion. The method and terms of delivery of Goods destined for export outside the UK will be as stated in the Contract which shall, in the absence of express agreement otherwise, incorporate the latest Ex Works Incoterms to the extent they do not conflict with the terms of the Contract. In each case, offloading of Goods shall be at the Customer’s cost and risk.
The Customer shall promptly comply with all reasonable requests of the Company in respect of the Contract including, without limitation, providing access to relevant premises. The Customer acknowledges that delivery timetables are dependant on compliance with this clause 5.4 and the Company shall not be liable for any delay of the Customer.
Although the Company will use all reasonable efforts to meet delivery dates, it shall not be liable to the Customer for any loss or damage, whether direct, indirect or consequential if delivery of the Goods is delayed or prevented, in whole or in part, unless agreed in writing by both parties.
If the Customer refuses or fails to take delivery of the Goods on the date of delivery, the Company will be entitled at its discretion to store the Goods at the risk of the Customer and the Customer shall in addition to the price payable under clause 3.2 pay all costs and expenses of such storage and any additional costs of carriage incurred.
The Company shall have no liability for loss of or damage to such Goods howsoever caused and whether or not attributable to the negligence of the Company or negligence or wilful default of any servant or agent of the Company.
The Customer shall accept the supply of such quantity of the Goods (whether more or less) as reasonably approximates to the stipulated amount of the Customer’s order on a rateable adjustment of the total price.
All Goods must be inspected by the Customer within 3 days of delivery. If any Goods are damaged, defective or do not match or if (subject to clause 5.7) there has been short delivery, the Customer must submit a detailed written notice of such to the Company within 3 days of delivery of the Goods. The Customer’s signature on the delivery note without any such endorsement shall release the Company from any liability in respect of damage.
In the event that an order is cancelled, the Customer shall immediately pay to the Company the full value of the Goods which were in production unless, in its absolute discretion, otherwise agreed by the Company.
If the Customer wishes to vary any order it shall notify the Company in writing giving full details of the requested variation. The Company shall be under no obligation to accept such request, but if it accepts a variation the Company shall notify the Customer of any applicable changes to the price and delivery timetable as a result of the variation. Such changes shall be binding on the Customer unless the Customer notifies the Company within 2 days that it does not accept in which case there shall be no variation to the order.
The Company does not accept the return of Goods which are surplus to the Customer’s requirements.
Unless otherwise agreed in writing, the risk of loss or damage to the Goods shall pass to the Customer upon delivery of the Goods to the agreed delivery address.
Unless otherwise agreed in writing, payment will be due:
in respect of any Goods, 28 days from the date of invoice; and in respect of all other Goods, no later than the last day of the month following the month of the invoice;
in each case, irrespective of whether or not the Goods have been delivered. The Company reserves the right to withdraw these credit terms immediately upon written notice.
Time for payment is of the essence. If payment is not made when due then the Company may, without prejudice to its other rights:
If the Company gives written notice to the Customer that a delivery has been suspended under clause 7.2.3 and the Customer does not, within fourteen (14) days, pay all sums then outstanding, the Company shall be entitled to treat such non-payment as repudiation of any or all contracts between the parties for the supply of goods and, upon acceptance of such repudiation, any and all outstanding orders shall be treated as cancelled by the Customer and the Company may claim payment for all sums due for delivered Goods and cancelled orders under this or any other contract. The Customer shall have the right to withhold payments due to the Company under this contract where there is a dispute provided the dispute is resolved within 30 days of the payment due date.
Without prejudice to any other rights the Company may have pursuant to this clause 7 the Customer agrees to indemnify the Company for all reasonable costs (including legal fees) the Company incurs in recovery or attempted recovery of outstanding monies due to the Company.
The Company shall retain title to and ownership of the Goods until it has received payment in full of all sums due for all Goods supplied to the Customer plus any interest payable under clause 7.2.1. If payments received from the Customer are not stated to refer to a particular invoice, the Company may in its discretion apportion such payments to any outstanding invoice.
If any of the Goods owned by the Company are attached to, mixed with or incorporated into any other goods not owned by the Company so that the Goods in question are not separate from the resulting composite or mixed goods, then immediately upon manufacture all such composite or mixed goods shall belong to the Company absolutely and not by way of charge until the Goods have been paid for in full or until the Company recovers possession of and resells sufficient of the composite or mixed goods to discharge the purchase price in full and the Company’s costs recovered, any excess to be accounted for to the Customer.
Until payment of the purchase price the Customer shall be the bailee of the Goods for the Company and the Goods shall be stored separately from any Goods which belong to the Customer or any third party, and shall be clearly marked and identifiable as being the Company’s property.
The Company hereby licences the Customer to sell, as the Company’s agent and bailee, Goods which belong to the Company. All monies received from any such sale shall be held on trust to settle any sums due in respect thereof to the Company and pay any balance to the Customer.
If the Customer fails to make any payment to the Company when due, compounds with its creditors, executes an assignment for the benefit of its creditors, has a bankruptcy order against it or, being a company, enters into voluntary or compulsory liquidation or has an administrator or administrative receiver or receiver appointed over all or part of its assets or takes or suffers any similar action in consequence of debt or becomes insolvent or if the Company has reasonable cause to believe that any of these events is likely to occur, the Company shall have the right, without prejudice to any other remedies:
to enter without prior notice any premises where Goods owned by it may be, and to repossess and dispose of any Goods owned by it so as to discharge any sums owed to it by the Customer under this or any other contract and a licence is hereby granted irrevocably to the Company and its representatives to enter the Customer’s premises where the Goods are being kept to remove the Goods;
to require the Customer not to resell or part with possession of any Goods owned by the Company until the Customer has paid in full all sums owed by it to the Company under this or any other contract; and/or to withhold delivery of any undelivered Goods and stop any Goods in transit.
Unless the Company expressly elects otherwise, any contract between it and the Customer for the supply of Goods shall remain in existence notwithstanding any exercise by the Company of its rights under this clause 8.
The Goods shall, once the risk has passed to the Customer in accordance with clause 6 or otherwise, be and remain at the Customer’s risk at all times unless and until the Company has retaken possession of them, and the Customer shall insure accordingly. Until such time as payment for the Goods has been made in full, any money received by the Customer as a result of any insurance claim of whatever nature with regard to the Goods shall be held on trust for the Company as if it were proceeds of the sale of the Goods and shall be immediately remitted to the Company.
The Company’s liability is defined as follows
The Company shall be under no liability under the agreed warranty until the total price of the goods has been paid in full. In no circumstances shall the Company’s liability to the customer exceed the price paid for the goods with respect to which a claim is made. In the event the customer experiences any defect in manufacture the following will apply.
The Company will replace without charge any goods supplied by them that in the Company’s opinion is defective. This warranty only applies to the original consumer purchaser and providing that the goods have been installed by a qualified and competent person and in accordance with any installation instructions given by the Company. The warranty only applies to the original installation and will not be covered if the good have been removed to another installation. The goods must have been cleaned in accordance with any instructions given by the Company. The warranty only covers domestic use in a private residence. The warranty shall not apply if the goods have been damaged due to misuse or negligence by the customer in any way. If the customer needs to make a claim this should be done in the first instance to the original point of purchase. A proof of this purchase by the way of a receipt will be required. Replacement of any goods under this warranty will will exclude transportation, any labour costs for removal and or re-installation and does not cover any direct or indirect or consequential losses caused by the defective product. The Company will not be liable for any of the following.
The Customers exclusive remedy for defective products shall be for reasonable direct costs and the Company’s total liability for any and all losses and damages arising out of any cause whatsoever (whether such cause be based on contract, negligence, strict liability, or otherwise) shall in no event exceed the purchase cost of the Goods, which for the avoidance of doubt does not equal the total project value, in respect to which such cause arises or, at the option of the Company, the replacement of such products; in no event shall the Company be liable for incidental, consequential or punitive damages resulting from any such cause.
In the event that the Goods are based on a design supplied by either party, the other party shall be fully indemnified in respect of all actions, suits, claims, demands, costs, charges or expenses arising from any claim by a third party in respect of such Goods (whether such claim relates to intellectual property rights, infringement, personal injury or otherwise) to the extent that the actions, claims, demands, costs, charges or expenses relate to the design of the Goods.
All recommendations and advice given by or on behalf of the Company to the Customer as to the suitability of using the Goods in any manufacturing process or in connection with any other materials are given without liability on the part of the Company.
The Company makes no representation or warranty that use of the Goods does not infringe the rights of any third party and the Company accepts no liability in this respect.
Should the Customer make default in any payment or otherwise be in breach of its obligations to the Company under the Contract or under any other contract with the Company or clause 8.5 becomes applicable, the Company may, by notice in writing to the Customer, without prejudice to any other rights, forthwith suspend or cancel any uncompleted part of the Contract or stop any Goods in transit or require payment in advance or satisfactory security for further deliveries under the Contract.
The Company shall not be liable to the Customer for any loss or damage caused to or suffered by the Customer as a direct or indirect result of the supply of the Goods by the Company being prevented, restricted, hindered or delayed by reason of any circumstances outside the control of the Company including, without limitation, fire, flood, labour dispute, breakdown of machinery, shortage of labour or raw materials and/or damage to or destruction of the Goods and the Company shall be at liberty to suspend or cancel any affected orders for Goods without liability.
The failure of the Company to insist upon the strict performance of any of the terms and conditions of the Contract shall not be construed as a waiver of any such term or condition and shall in no way affect the Company’s right to enforce such provision later.
If any of the terms and conditions of the Contract (or part thereof) shall be found to be invalid, ineffective or unenforceable, the invalidity, ineffectiveness or unenforceability of such term or condition (or part thereof) shall not affect any other term or condition (or the other part of the term or condition of which such invalid, ineffective or unenforceable part forms part) and all terms and conditions (or parts thereof) not affected by such invalidity, ineffectiveness or unenforceability shall remain in full force and effect.
The construction, validity and performance of the Contract shall be governed by English law and by entering into the Contract the parties submit to the exclusive jurisdiction of the English courts save that the Company may at its option take proceedings against the Customer in any other court of competent jurisdiction.