Terms & Conditions
This website registered with the domain name www.corneliusukonline.com (“Website”) is owned and operated by IMI Cornelius (UK) Limited, a company incorporated in England and Wales, with registered number 440427, whose registered office is at Russell Way, Bradford Road, Brighouse, West Yorkshire, United Kingdom HD6 4LX (“IMI Cornelius”).
By accessing and using this Website, you agree to be bound by the terms of use set out below (“the Terms”). These Terms may be updated by us from time to time without specific notice to you. By accessing and using this Website you agree to be bound by the latest Terms of use posted on this Website. You should review the Terms regularly for this reason.
Introduction
You may access most areas of the Website without registering your details with IMI Cornelius. Certain areas of the Website are only open to you if you register.
By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
IMI Cornelius reserves the right to revise this legal notice or the Terms at any time. You should check the Website from time to time to review the then current legal notice and Terms, because each is binding on you. Certain provisions of this legal notice or the Terms may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
Intellectual Property
For the purposes of the Website ‘Intellectual Property’ means the patents, inventions, know-how, trade secrets and other confidential information, registered designs, copyrights, database rights, internet domain names, source codes, design rights, rights affording equivalent protection to copyright, database rights and design rights, topography rights, trade marks, business names, trade names, moral rights, registration of or an application to register any of the aforesaid items and rights in the nature of any of the aforesaid items in any country, rights in the nature of unfair competition rights and rights to sue for passing off.
All Intellectual Property in the content and software of this Website is the property of IMI Cornelius or other third party and is to be used solely for providing information relating to IMI Cornelius and its products to users of this Website. Any other use, including but not limited to, the reproduction, reutilisation, extraction, modification, distribution, transmission, republication, display or performance is strictly prohibited.
You are permitted to print and download extracts from the Website for your own use on the following basis:
- no documents or related graphics on the Website are modified in any way;
- no graphics on the Website are used separately from the corresponding text; and
- IMI Cornelius' copyright and trade mark notices and this permission notice appear in all copies.
Trademarks
The trademarks, logos, names and service marks (“Marks”) displayed on this Website are the property of IMI Cornelius or other third parties. You may not use any Marks appearing on the Website.
Website Access
While IMI Cornelius endeavours to ensure that the Website is normally available 24 hours a day, IMI Cornelius shall not be liable if for any reason the Website is unavailable at any time or for any period.
Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond IMI Cornelius' control.
Links to and from other websites
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. IMI Cornelius has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. IMI Cornelius therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
Disclaimer
Any information provided on this Website is subject to change and is provided for information purposes only.
To the extent permitted by law, IMI Cornelius is providing this Website and its content on an "as is" basis and makes no representations or warranties or other terms of any kind with respect to this Website or its content including but not limited to warranties of satisfactory quality, merchantability, fitness for purpose, title, non-infringement of any intellectual property right, or any implied warranties under English Law.
Due to the changing nature of the information contained in this Website, IMI Cornelius shall have no liability whatsoever for any damages or losses arising directly or indirectly as a result of any of the information accessible via this Website not being accurate, complete or up to date.
Due to the nature of communications over the internet and the inherent risks of the transfer of data over the internet, IMI Cornelius shall have no liability whatsoever for any damages or losses resulting from viruses or the corruption or loss of data or any damage to software or hardware.
Whilst IMI Cornelius will use all reasonable endeavours to minimise any amount of downtime on this Website, due to the fact that IMI Cornelius does not have direct control over the servers used to hold data or information on this Website and due to the intrinsic nature of websites, IMI Cornelius shall have no liability whatsoever for any damages or losses arising directly or indirectly as a result of you being unable to access this Website.
Limitation of Liability
IMI Cornelius, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of IMI Cornelius' officers, directors, employees, shareholders or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
Nothing in this legal notice shall limit or exclude IMI Cornelius' liability for death or personal injury caused by negligence.
The disclaimers and limitations of liability set out in these Terms do not affect or prejudice any other IMI Cornelius disclaimers or exclusions relating to this Website (whether contained in these Terms or any other terms and conditions of IMI Cornelius (including, but not limited to the IMI Cornelius terms and conditions of sale set out in this Website).
This Website is presented solely for the purpose of those accessing the site from the United Kingdom, and this Website is controlled and operated in the UK. IMI Cornelius makes no representation that the content of this Website is suitable for use in other locations. If you choose to access this Website from another location, you are responsible for doing so and for ensuring compliance with local laws.
WEE Regulations
The purchaser is obliged to ensure that any electrical equipment is disposed of in a manner compliant with legislation in force at the time of disposal, including but not limited to the WEEE regulations 2006. We reserve the right to negotiate separate commercial terms, pre or post purchase, to mitigate the additional costs associated with collection and authorized treatment under the WEEE regulations 2006, and other environmental legislation.
Remedies
In the event that you breach any of these Terms, or the terms of the conditions of sale set out in this Website, IMI Cornelius may, in addition to any other remedies available to it, deny access to this Website to you and disable any user name and password associated with you.
Governing Law
These Terms shall be governed by and construed in accordance with English Law. You agree that the Courts of England and Wales shall have exclusive jurisdiction to hear and determine any action or proceedings arising from or in connection with the use of this Website.
IMI CORNELIUS (UK) LIMITED
CONDITIONS OF SALE AND SUPPLY (“Conditions”)
These Conditions (together with the documents referred to in them) set out the terms and conditions on which the Company supplies any of the Goods listed on our website www.corneliusukonline.com (the Website) to you, the Customer. Please read these terms and conditions carefully and accept them by clicking the box at the bottom of the page.
1. GENERAL
a. In these Conditions the following words shall have the following meanings (unless the context otherwise requires):-
i. "the Company" means IMI Cornelius (UK) Limited (Company Number 440427);
ii. "Contract" means the contract between the Company and the Customer for the sale of Goods via the Website to which these Conditions and any document referred to in these Conditions apply;
iii. "Customer" means the individual, corporation, undertaking or other entity that has agreed to purchase the Goods in accordance with the Contract;
iv. "Delivery Address" means the mainland UK postal address entered by the Customer when prompted for a "delivery address" while placing an Order to purchase Goods from the Company via the Website.
v. "Ex Works" means "ex works" as defined in the edition of the rules for interpretation of trade terms known as Incoterms current as at the date of the Order;
vi. "Goods" means all goods and associated documentation to be supplied under the Contract;
vii. “Group Company” means any subsidiary or holding company of the Company;
viii. “Intellectual Property” means the patents, inventions, know-how, trade secrets and other confidential information, registered designs, copyrights, database rights, internet domain names, source codes, design rights, rights affording equivalent protection to copyright, database rights and design rights, topography rights, trade marks, business names, trade names, moral rights, registration of or an application to register any of the aforesaid items and rights in the nature of any of the aforesaid items in any country, rights in the nature of unfair competition rights and rights to sue for passing off;
ix. "Website" means www.corneliusukonline.com;
x. "Working Day" means 9am to 5pm any day (other than Saturday, Sunday, any UK statutory holiday or any day that the Company is shut down);
xi. "Writing" means letter, facsimile transmission, electronic data transfer and comparable means of communication;
b. All orders by the Customer for the Goods ("Order"), if accepted, will be accepted subject to these Conditions. All other terms conditions or warranties whatsoever are excluded from the Contract or any variation thereof unless expressly accepted by the Company in Writing and Acknowledgement (as defined at Clause 2f. below) shall not constitute such acceptance).
c. Unless specifically agreed to the contrary, all trade terms shall be interpreted in accordance with the version of the Incoterms applicable as at the date of the Order.
1.1 INFORMATION ABOUT US
a. www.corneliusukonline.com is a site operated by the Company. The Company is registered in England Wales under company number: 440427 with our registered office at Russell Way, Bradford Road, Brighouse, West Yorkshire, United Kingdom HD6 4LX. Our main trading address is Rawson Spring Way, Riverdale Industrial Estate, Sheffield, S6 1PG. Our VAT number is 391051372.
2. ORDERS
a. By placing an order through the Website the Customer agrees and warrants that:
i. You are legally capable of entering into binding contracts; and
ii. You are at least 18 years old (where relevant).
b. The Customer shall select the Goods which it wishes to purchase from the Company from the Website and be able to view the selected Goods in the shopping basket function on the Website. At this stage the Customer can view the Goods it has selected, check its selection and make any necessary amendments to it.
c. If the Customer selects a quantity of any of the Goods which exceed the standard delivery quantity threshold set by the Company from time to time which it wishes to purchase from the Company from the Website then the Company shall display an exceptional order notification on the Website. The exceptional order notification shall give the Customer the right to cease ordering the Goods or proceed with the Order with a longer lead time for the delivery of the Goods or choose an alternative product.
d. Once the Customer has selected all of the Goods it wishes to purchase from the Company, then the Customer should continue by clicking "Proceed to Payment". The Customer shall then enter delivery information (including the Delivery Address) and payment information (which shall include the payment address).
e. Once the Customer has entered the Goods it wishes to purchase from the Company via the Website, the Delivery Address and the information entered to allow for payment to be collected by the Company, the Customer shall click "Submit Order" to send a request for the Goods to the Company. It is the Customers responsibility to check these details are accurate.
f. On receipt of a request for Goods from the Customer the Company shall display on the Website an order confirmation acknowledgement of the request ("Acknowledgement"). This Acknowledgement shall not constitute acceptance of the Customer's Order by the Company.
g. Following display of the Acknowledgement, the Company shall send to the Customer by email a full order confirmation statement relating to the Order. The Order shall not be deemed accepted by the Company until such time as a full order confirmation statement has been despatched by the Company to the Customer ("Acceptance").
h. Once the Order has been submitted to the Company by the Customer the Customer cannot view the Order status on-line. The Customer should therefore print a copy of the e-mail containing the order confirmation statement for future reference.
i. The Customer acknowledges that nothing in the Contract or these Conditions shall place any obligation on the Company to accept the Order.
j. The Company or the Customer can amend or cancel an Order up to Acceptance of the Order by the Company. In addition, the Company shall be entitled to reject any Order which is made electronically if the Order does not contain all the product, delivery and payment information required or if such information is not provided in the correct format.
k. Following delivery of the Goods pursuant to Clause 3, the Company shall send by post a VAT invoice for Goods supplied to the Customer via the Website to the payment address specified by the Customer on the Website.
3. DELIVERY
a. The Company shall deliver the Goods to the Customer in accordance with the instructions shown on the Order and the delivery policy of the Company as set out on the Website (“the Delivery Policy”). The Delivery Policy shall be deemed to be incorporated into the Contract. Such instructions will specify quantity required and the Delivery Address. Delivery shall be deemed to take place when the Goods are made available by the Company to the Customer at the Delivery Address specified by the Customer in the Order ("Delivery").
b. The Company shall aim to deliver all Goods ordered within the lead time requested by the Customer in the Order. When requesting the lead time on the Website in the Order, the Customer shall be able to request a lead time for delivery of 5, 10, 15 or 20 Working Days.
c. The Company is under no obligation to deliver on the date requested by the Customer in the Order and time for delivery shall not be of the essence. In any event, the Company shall contact the Customer prior to delivery to arrange a suitable date and time for delivery. The Company shall use its reasonable endeavours to ensure that such date and time for delivery is within the lead time requested by the Customer.
d. Any lead time agreed with the Customer shall be calculated from the Working Day after the day on which the Order is received by the Company. An Order received by the Company after 2pm shall be treated as received the following Working Day.
e. The Company shall only deliver to mainland UK and delivery charges quoted only apply to mainland UK.
f. All dates and periods for despatch or Delivery quoted on the Website and in Clause 3b. are estimated and do not constitute fixed times for Delivery by the Company. Unless otherwise expressly agreed in Writing by the Company, the Company shall not be liable for any liabilities, damages, losses, costs or expenses whatsoever as a result of or in connection with the failure by the Company to meet any delivery times specified in the Order.
g. The Company reserves the right to deliver the Goods to the Customer in instalments. Where the Goods are 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 and conditions 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.
h. As set out in the Delivery Policy on the Website, the Customer shall be responsible for any costs, charges or losses charged to or made by the Company as a result of:
i. a failed Delivery where the reason for that failure of Delivery is the fault of the Customer; or
ii. any special delivery instructions given to the Company that are required in order to enable the Company to successfully deliver to the Customer (including but not limited to if two people are required to deliver the Goods).
4. RETURNS (BUSINESS CUSTOMERS)
a. If the Customer has incorrectly ordered the Goods then the Customer can return the Goods to the Company within twenty eight (28) days, in accordance with the returns policy set out on the Website (“Returns Policy”). The Returns Policy shall be deemed to be incorporated into the Contract.
b. To return goods the Customer shall:
i. complete the product return form on the despatch note; and
ii. send the product return form and the Goods to be returned to Sheffield Customer Services, Rawson Spring Way, Riverdale Industrial Estate, Sheffield, S6 1PGor such other address notified to the Customer by the Company from time to time; or
iii. contact Customer Services in order to arrange for the Company to collect the Goods at the Customer's expense.
c. The Customer accepts all responsibility and costs incurred for returning the Goods, without damage whether the Customer returns direct to the Company or whether the Customer arranges for collection of the Goods by the Company under Clause 4.b.iii. and the Company accepts no liability whatsoever for any damage to or loss of the Goods which occurs as a result of or in relation to the return of the Goods to the Company pursuant to this Clause 4.
d. Where, in the Company’s reasonable opinion, the return is not due to the fault of the Company, the Company reserves the right to charge a restocking charge on any Goods returned, of up to fifteen percent (15%) of the original price of the Goods. This restocking charge will be deducted from any refund issued under Clause 4.e.
e. Refunds will only be issued by the Company for Goods which the Company considers are in a resaleable condition with all packaging and materials. The Company shall only issue a refund to the Customer pursuant to this Clause 4 if the Customer provides the Company with all relevant payment information requested by the Company which is necessary for the Company to process such refund. Any refund issued to the Customer by the Company shall not in any circumstances whatsoever exceed the Price originally paid for the Goods.
5. RETURNS (CONSUMERS)
a. If you are contracting as a consumer, you may cancel a Contract at any time within 7 (seven) working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our Returns Policy. The Returns Policy shall be deemed to be incorporated into the Contract.
b. Where requested, you must return the Goods to the Company within 7 (seven) days of the Contract being cancelled, in the same condition in which you received them and in accordance with the provisions of Condition 4b above. Details of this statutory right, and an explanation of how to exercise it, are provided in the Acceptance statement This provision does not affect your statutory rights.
6. RISK AND TITLE
a. Risk of damage to or loss of the Goods shall pass to the Customer upon Delivery of the Goods.
b. Title to the Goods shall not pass to the Customer until the Company receives in cash or cleared funds all monies payable (whether or not due) to the Company under this Contract and any other contracts whenever made between the Company and the Customer including but not limited to contracts made after this Contract.
c. Until title to the Goods has passed to the Customer pursuant to these terms and conditions
i. the Customer shall possess the Goods as fiduciary agent and bailee of the Company and shall store the Goods separately from other goods not owned by the Company and shall ensure that they are fully insured on an all risks basis and clearly identifiable as belonging to the Company;
ii. the Customer shall not sell, offer to sell, assign, underlet, pledge, mortgage, charge, encumber or part with possession of the Goods or any interest in the Goods nor create or allow to be created over the Goods any lien. For the avoidance of doubt, nothing in this Clause 5.c.ii. shall prevent the Customer dealing with the Goods in the ordinary course of its business;
iii. the Company shall be entitled to enter upon any premises where such Goods are kept for the purpose of satisfying itself that this condition is being complied with by the Customer; and
iv. the Company shall be entitled at any time to require the Customer to deliver up the Goods to the Company, and if the Customer fails to do so, the Company shall be entitled to enter upon the Customer's premises or any third party's premises and recover and dispose of the Goods. For the avoidance of doubt, the Customer shall make no claim against the Company in respect of any such entry or disposal.
7. PRICES
a. The price for the Goods shall be the price stated on the Website at the time the Customer places an Order ("Price").
b. All Prices on the Website are unless otherwise stated on the Website quoted on a net Ex Works basis exclusive of VAT, delivery charges and any applicable discounts provided that any other applicable taxes shall be payable by the Customer in addition to the Price.
c. The on-line catalogue, price lists and other advertising matter on the Website are only an indication of the type of goods offered and no particulars therein shall be binding on the Company other than as detailed in an Acceptance by the Company of an Order placed by the Customer. If the price for the Goods is higher than the price stated on the Website, we will normally at our discretion, contact the Customer to obtain further instructions in relation to any relevant order or reject the Order and notify the Customer of such rejection.
d. The Company reserves the right at any time prior to Delivery to increase the Price to reflect any increase in cost to the Company which is due to any factor beyond the control of the Company (including, but not limited to, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increases in the labour, materials or any other costs of manufacture of the Goods), any change in delivery dates, quantities or specifications for the Goods requested by the Customer.
8. TERMS OF PAYMENT
a. When the Customer places an Order for the Goods, the Customer shall provide credit/debit card details for payment of the Price to the Company. The Company shall collect payment from the Customer once the Customer has submitted an Order. The Company will then generate an Acknowledgement and Acceptance.
b. Unless otherwise agreed by the Company in Writing, all payments shall be made in £ Sterling.
c. In the event that the Company is unable to collect payment from the Customer for any reason whatsoever (including, without limitation, invalid or incorrect card details being provided pursuant to Clause 7.a.) then, the Company shall be entitled (without prejudice to any other right or remedy it may have under these Conditions or otherwise) to-
i. refuse to make delivery of any undelivered Goods whether ordered under the Contract or not and without incurring any liability whatsoever to the Customer for non-delivery or any delay in delivery; and/or
ii. to terminate the Contract and any other contracts the Company may have with the Customer without the Company incurring any liability whatsoever to the Customer for termination of such contracts.
9. LIABILITY
a. The Company warrants, in accordance with any user and warranty guide published by it in relation to the Goods from time to time, that for a period of twelve (12) months from Delivery, the Goods will comply in all material respects with the specifications published by the Company in relation to the Goods from time to time. The Company further warrants that the Goods are of satisfactory quality and reasonably fit for all the purposes for which such Goods are commonly used
b. If the Customer believes that Goods do not comply with the warranty set out in Clause 8.a. ("Defective Goods"):-
i. the Customer shall within seven (7) days of discovery of the Defective Goods, notify the Company in Writing and provide to the Company evidence which supports its claim that the relevant Goods are Defective Goods; and
ii. on receipt of notice from the Customer and satisfactory evidence (in the Company's sole opinion) in relation to the Defective Goods pursuant to Clause 8.b.i., the Company shall (at its option) either repair or replace the Defective Goods. For the avoidance of doubt, following repair or replacement of the Defective Goods pursuant to this Clause 8.b.ii., the Company shall have no further liability whatsoever to the Customer.
c. Nothing in these Conditions excludes the Company’s liability for fraudulent misrepresentation or for death or personal injury resulting from the Company’s negligence.
d. Except as expressly set out in this Clause 8 or any liability imposed on the Company by the Consumer Protection Act 1987 (as amended), under no circumstances shall:-
i. the Company's total aggregate liability for direct losses, damages, costs and expenses caused by an act or failure to act by the Company pursuant to this Contract exceed the total Price paid to the Company by the Customer pursuant to the Contract in respect of which the liability arose; and
ii. the Company be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty, condition or term or any duty at law or under the express terms of this Contract for any loss of profit, loss of business, loss of income or revenue, loss of or damage to goodwill, loss of opportunity, loss of data, loss of use, loss of contracts, loss of expected savings or interruption to the Customer’s Business, increased costs or for any indirect, special or consequential losses or damages or any other claims for consequential compensation howsoever arising.
e. The Customer shall indemnify and keep the Company indemnified in full against all losses, actions, costs, claims, demands, expenses and liabilities whatsoever (if any) which are incurred, suffered or paid by the Company in connection with or as a result of any breach of the Contract by the Customer.
10. TERMINATION
a. Without prejudice to any other rights or remedies of the Company, the Company shall be entitled in any of the following circumstances to terminate with immediate effect (in whole or in part) the Contract and any other contract whenever made between the Company and the Customer and/or to suspend delivery and/or to receive upon demand payment of all monies payable under any such contracts whether or not otherwise due if:-
i. an order is made or a resolution is passed for the winding up of the Customer;
ii. an order is made for the appointment of an administrator to manage the affairs, business and property of the Customer or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the Customer or notice of intention to appoint an administrator is given by the Customer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act (1986);
iii. a receiver is appointed of any of the Customer’s assets or undertaking or if circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of the other party or if any other person takes possession of or sells the Customer’s assets;
iv. the Customer makes any arrangement or composition with its creditors or makes an application to a court of competent jurisdiction for the protection of its creditors in any way; or
v. the Customer or any Group Company of the Customer commits any breach of the Contract or any other contract whenever made between the Customer and the Company.
11. FORCE MAJEURE
a. The Company shall be excused performance of its obligations whilst and if affected by act of God, governmental restriction condition or control, any act done or not done pursuant to a trade dispute whether such dispute involves its employees or not or by any other act matter or thing beyond its reasonable control including failure by the other party to carry out anything required for performance of the Contract.
b. In the event that the Company does not perform its obligations by reason of any of the causes referred to in Clause 10.a. within six (6) months after the time for performance then the Company may, by notice in Writing, terminate the Contract without liability and the Customer shall pay the Company in full the Price for any Goods delivered or completed at the time of termination of the Contract.
12. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property in the Goods is and will remain the property of the Company. Nothing in these Conditions shall be construed as a licence in favour of the Customer to use or exploit any Intellectual Property.
13. HEALTH & SAFETY
a. The Customer agrees to pay due regard to any information supplied by the Company relating to the use for which the Goods are designed or have been tested or concerning conditions necessary to ensure that they will be safe and without risk to health at all times when they are being set, used, cleaned, serviced or maintained by any person and the Customer undertakes to take such steps as may be specified by such information or otherwise necessary to ensure that as far as is reasonably practicable the Goods will be safe and without risk to health at all times as mentioned above.
b. The Customer shall indemnify and keep the Company indemnified in full against all liabilities, losses, damages and expenses incurred, suffered or paid by the Company as a result of or in connection with any death or personal injury to the Company's employees or agents while such employees or agents are on any premises of the Customer in connection with the Contract.
14. GENERAL
a. No waiver of or delay or failure by the Company to exercise any rights or remedies shall prejudice or preclude any future or further exercise thereof.
b. If any provision of these Conditions shall be held invalid or unenforceable in whole or in part then the unaffected provisions shall remain in full force and effect. Headings appear for convenience only and shall not affect the construction of these Conditions.
c. A person who is not a party to the Contract shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 ("the Act") to enforce any term of the Contract. Any right or remedy of a third party which exists or is available apart from the Act is not affected.
d. The Contract constitutes the whole and only agreement and understanding between the Company and the Customer relating to its subject matter and supersedes and replaces any drafts, agreements, understandings, representations, warranties and arrangements of any nature whatsoever in connection with the subject matter of this Agreement whether existing prior to or at the same time as this Agreement.
e. The Customer shall pay all sums due under the Contract without any discount, deduction, legal or equitable set off or counterclaim whatsoever.
f. These Conditions may be amended by the Company from time to time and any such amendments shall be effective immediately upon posting of the amended Conditions. By your access and use of the Website you agree to periodically review these Conditions and shall be conclusively bound by any future amendments.
15. LAW AND JURISDICTION
The Contract shall be governed and interpreted exclusively according to the Laws of England. The Company and the Customer agree to submit to the exclusive jurisdiction of the English courts in relation to any matter or dispute arising out of or in connection with the Contract provided that the Company may at its option take proceedings in the courts of the state in which the Company is situated or the state in which the Customer is domiciled including action to obtain any remedy (including injunctive relief).
