Terms & Conditions

Consumer

Terms and Conditions

1. For the purpose of these terms & conditions the following words shall have the following meanings:

(a) “The Company, We, The Business, Us, Our ” shall mean Severn Cooling and Electrical Limited.

(b) “The Customer, You, Your, You’ve, The Client, Buyer ” shall mean the person for whom the Company agrees to carry out works &/or supply materials.

(c) “The Operative or Engineer” shall mean the representative appointed by the Company to under the works you have requested.

2. When These Terms Apply: Please ensure you read these terms before using our services. By using our services, you are deemed to be in agreement to these terms and conditions. You’re also agreeing to our: Terms of Use, Privacy and Cookie policies.

The latest version of our Terms and Conditions always applies, and we’ll usually only make updates when we offer a new service, change how we provide a service, or we are required to comply with a new legal requirement.

3. The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by a designated operative of the Company at its absolute discretion.

4. Hourly Rate Work: The total charge to the Customer shall consist of the cost of materials supplied by the Company (not exceeding the trade purchase price of materials + X%) & the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining un-stocked materials) charged in accordance with the Company’s current hourly rates. In the event of a Call Out / Emergency Call Out, the chargeable time starts from the moment the engineer is assigned to the job and he/she is on his way to that particular job. The Customer shall only be charged for the time spent related to the Customer’s work, all other time, personal mobile calls etc. is non-chargeable. All charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero rate, Parking (all associated parking charges applicable), Congestion Charge if applicable and Materials used.

The company reserve the right to charge in advance for materials ordered and your attention is drawn to the quote in this regard. Such sums are not refundable in event of cancellation.

5. FIXED PRICE WORK: Shall be given as a firm cost, (manifest errors exempted) including Labour & Materials, and shall be within 10% over and above the equivalent total hourly rate cost. All costs are plus VAT at the prevailing rate.

ESTIMATED WORK: Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate should not exceed the actual time taken by more than 50% but may be revised in the following circumstances:

• If after Submission of the estimate the Customer Instructs the Company (Either Orally or in Writing) to carry out additional works not referred to in the estimate.

• If After Submission of the estimate there is an increase in the price of materials.

• If After Submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared.

• If After Submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.

6. The Company shall not be under any obligation to provide an estimate to the Customer & shall only be bound (subject as hereinafter) by estimates given in writing to the Customer & signed by a duly authorised representative of the Company. The Company shall not be bound by any estimates given orally or in which manifest errors occur.

7. Material Collection.

Collection of non-stock items is chargeable but:

(a) Time must be kept to a minimum & reasonable.

(b) If the collection time is likely to exceed 60 minutes the customer must be additionally informed of the circumstances.

8. Invoices are due for payment immediately upon delivery to the Customer unless we have agreed set payment terms with you. Please also see Late Payments and Debt Recovery Cost, Costs under Contract Clauses and Fixed fee’s further in these Terms and Conditions.

9. Where the date &/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the operative shall attend on the date & at the time agreed. However, the Company accepts no liability in respect of the non-attendance or late attendance on site of the operative/engineer or for the late or non-delivery of materials.

10. The Customer shall accept sole liability to discharge the Company’s account.

11. Cancellation: Please see Cancellation of Goods and/or Services further in this document.

12. If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 3 months to the Company & shall afford the Company, and its insurers, the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate.

13. The company will not guarantee any work undertaken on instruction from the customer & against the written or verbal advice of the operative/engineer.

Work is guaranteed only in respect of work directly undertaken by the company & payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed.

The company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out.

14. Where the Company agrees to carry out works on installations of inferior quality or over ten years old at that date no warranty is given in respect of such works & the Company accepts no liability in respect of the effectiveness of such works or otherwise.

14. These terms & conditions may not be released, discharges, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Company & by the Customer. Further, these terms & conditions shall prevail over any terms & conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering in to a contact with the Company the Customer agrees irrevocably to waive the application of any such terms & conditions.

15. Title to any goods and certificates, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company.

Until such a time as title in the such goods has passed to the Customer:

a. The Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Company.

b. For the purpose specified above, the Company or any of its agents or authorised representatives shall be entitled at any time & without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.

c. The Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferred or otherwise disposing of such goods.

Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, & until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value & the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such Insurance.

1. The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control, & the Company shall be entitled to a reasonable extension of the time for performing such obligations.

16. The Company shall only be liable for rectifying works completed by the Company & shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested & not undertaken at that time.

These terms & conditions & all contacts awarded between the Company & Customer shall be governed & construed in accordance with English law & shall be subject to the exclusive jurisdiction of the English law.

Customers Responsibility.

It is the responsibility of the customer to protect items of furniture (flooring included), furnishings, fixings, fixings, fixtures and fittings. We will make reasonable efforts not to cause any damage, it is suggested that the customer removes items that are to be considered a problem. If it remains within the working area, it is the responsibility of the customers to cover such items.

Wallpaper and paint can sometimes be damaged. It is the responsibility of the customer to take any protection actions felt necessary. We will try our best to put back bath panels, flooring, cupboards etc – areas we need to get access to. We cannot be held responsible for any damage caused to these items or to the way they have been put back. If damage to plaster, brickwork and ceilings etc is caused it is the customers responsibility to make good. We cannot except responsibility for damage caused to wallpaper, paintwork, tiles, laminate flooring, carpets, furniture etc. Any decorator’s caulk and silicon work does not carry a guarantee.

Data Protection Act 2018.

The Company will comply with all relevant Requirements of the Data Protection Act of 2018.

Data Protection Statement.

The information and data provided herein shall not be duplicated, disclosed or disseminated by the recipient in whole or in part for any purpose whatsoever without the prior written permission from Severn Cooling and Electrical Limited.

Personal data

Any personal data relating to you gathered by us in the registration process or during your use of the service will be recorded and only be used in accordance with our Privacy Policy.

In some case’s you will need to provide us with information such as your name, contact number, address and e-mail address.

Any personal data we collect during registration or otherwise is designed to allow us to:

1. Give you access to, and to provide you with, the right kinds of information related to your enquiry

2. Enable us to compile statistical information for regulatory or business purposes

3. Send, or call you about our products and services that may be of interest to you. (We will only provide you with such marketing information with your prior agreement)

If you register, request further information or contact us we may keep a record of that correspondence and incorporate the information it contains into our database(s), which we will keep secure in accordance with the requirements of the General Data Protection Regulation.

We will not transfer your personal data to any third parties unless:

1. We have your consent to do so

2. The third party is our subcontractor or a member of our group of companies, who is processing personal data on our behalf securely and in accordance with our instructions or

3. It is otherwise authorised under the General Data Protection Regulation.

Late Payments and Debt Recovery Costs.

Late Payments – Interest.

We claim interest on unpaid invoices at 8% per annum over the base rate at the preceding 31 December or 30 June if we have Supplied Goods and Services from 30 days after the date of invoice.

Costs Under Contract Clauses.

Under Contract Clauses.

The Following Clause is to cover collection costs and covers the following.

• Legal Fee’s.

• Commission payable to a Debt Collection Agency.

• Our Own Administrative costs, normally time spent by our staff, in recovering a Debt.

• A minimum contribution towards our legal costs.

Without Prejudice to our right to claim interest on unpaid invoices, if for any reason any payment is not made when due we reserve the right to be paid on an indemnity basis any costs we incur in recovering any money due under this contract (and the cost of recovering such costs) including our administrative costs and any costs incurred with solicitors, barristers or debt collection agencies. Our Administrative costs may include the costs of employing the staff concerned and the overheads attributable to them for the time spent.

Fixed Costs.

Small Claims and Other Proceedings Costs.

If we are to proceed with Small Claims or Any other Proceedings in order to recover any outstanding debts the following will apply.

If Proceedings are issued a minimum contribution of £250.00 (in addition to the fixed costs of the issue) will be claimed towards any costs incurred with solicitors / barristers.”

Cancellation of Goods and/or Services.

If you have decided to cancel the works, your right to cancel and get your money back will depend on:

• Where and How you have made the arrangements.

• Whether we have started the works or not.

• Whether we have ordered materials, ‘made to measure’ or standard products.

If you have arranged the work while on our business premises (e.g. in the companies / contractor’s place of Business), your Right to cancel with depend on whether we have started the works.

Cancelling before the works has started.

You can cancel the work as long as you haven’t made a contract. You won’t have to pay anything.

A contract is formed when either we or the Business makes an offer and you the other party accepts it. You’ll likely have a contract, even if it’s not in writing – for example if you’ve:

• Signed an Agreement including acceptance in writing via email or text.

• Agreed to a quote/estimate (you could have done this verbally).

• Fixed a starting date.

• Paid a deposit.

• Verbally told us to go ahead with the works.

If you do have a contract with us, then cancelling will be breaking that agreement, unless:

• You’ve agreed conditions for cancelling (such as a cancellation charge).

• We as the Business do not honour our contractual obligations (e.g. hasn’t done the works in a reasonable time and then miss the final deadline that you give us, but it must be a reasonable deadline).

• You’ve felt you were misled or pressured into hiring us to do the works for you.

We are entitled to ask you to pay for either or both of the following:

• A Cancellation fee.

• Any loss of profit caused by your cancellation (e.g. if we have set aside time to do your works and can’t book another job for the same period).

If you have given a Deposit for materials, we might hold some or all of it to help cover our losses.

Cancelling after the works have started.

We will only begin works if you’ve formed a contract, either written or verbal.

We may ask you to pay for any of or all of the following:

• A Cancellation fee.

• Labour costs up until the time you cancelled.

• Any items installed or fitted that can’t be removed without damaging them.

• The return of any items that have been delivered but not installed (or can be easily uninstalled),

• Any loss of profit caused by your cancellation (e.g. where we have set aside time to do your work and can’t book another job for the same period).

If you have given a deposit, we will likely hold some or all of it to cover our expenses.

If you have arranged for the works away from our Business’s premises, you will have an automatic cooling off period of 14 days to cancel and get a refund if you arrange the service:

• Over the Phone.

• On the internet.

• By mail order.

• Somewhere else outside our business (e.g. in the street or at your home or workplace).

Your Cancellation rights after the cooling-off period are the same as if you’d arrange the work while on the Business Premises.

You Don’t Automatically get a cooling-off period if:

• We have something specially made for you and order it in or order materials.

• If you invite us into your home / business etc for urgent repairs or maintenance works.

• You have requested that we do the works before the 14 day Cooling-off period can be completed (e.g. if you want us to proceed with the works immediately or at our next available opportunity that will fall within 14 days of the approval of the works).

Your Cooling-Off period will begin the day after you have given the go-ahead for the works to be done.

Cancelling if the works not started yet.

You can cancel and get all of your money back if we have not started the work and your still within the 14-day cooling-off period.

Cancelling if the work’s started.

If you have asked for the service to be provided during the cooling-off period and we have provided you with the cancellation information (Contained in these Terms and Conditions), you’ll have to pay a part of the agreed price of the works. The amount will depend on how much was completed when you asked to cancel, and this will Include any administrative time towards the works.

If you have had items installed that now can’t be removed without causing damage to them, you will loose your right to cancel and if by removing the item it causes damage to it you will get a reduced refund because of this.

Even if items were installed or fitted as part of the works and can be uninstalled, you will be liable to pay for them to be removed and to be returned to the supplier and any restocking fee’s that might be liable.

Business to business

1. This Contract is made up of the following:

(a) The Contract Details.

(b) The Conditions.

2. If there is any conflict or ambiguity between the terms of the documents listed in paragraph 1, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list.

This Contract has been entered into on the date stated at the beginning of it.

Signed by [NAME OF DIRECTOR]

for and on behalf of [NAME OF CUSTOMER]

...................................

Director

Signed by [NAME OF DIRECTOR]

for and on behalf of SEVERN COOLING AND ELECTRICAL LIMITED

...................................

Director

Agreed terms

Interpretation
Definitions:
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Charges: the charges payable by the Customer for the supply of the Services by the Supplier, as set out in the Contract Details [and Schedule 2].
Conditions: these terms and conditions set out in clause 1 (Interpretation) to clause 9 (General) (inclusive).
Contract: the contract between the Customer and the Supplier for the supply of the Services in accordance with the Contract Details[, the Mandatory Policies], these Conditions and any Schedules.
Control: has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.
Customer Materials: all materials, equipment and tools, drawings, specifications and data supplied by the Customer to the Supplier.
Deliverables: all documents, products and materials developed by the Supplier or its agents, subcontractors and personnel as part of or in relation to the Services in any form, including without limitation computer programs, data, reports and specifications (including drafts) and the Key Deliverables set out in the Contract Details.
Services: the services, including without limitation any Deliverables, to be provided by the Supplier pursuant to the Contract, as described in Schedule 1.
Services Start Date: the day on which the Supplier is to start provision of the Services, as set out in the Contract Details.
Interpretation:
[Unless expressly provided otherwise in this Contract, a reference to legislation or a legislative provision:
is a reference to it as it is in force as at the date of this agreement; and
shall include all subordinate legislation made as at the date of this agreement under that legislation or legislative provision.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
A reference to writing or written includes fax and email.
Commencement and term

The Contract shall commence on the date when it has been signed by both parties and shall continue, unless terminated earlier in accordance with its terms, until either party gives to the other not less than [NUMBER] TBC BASED ON SIZE OF CONTRACT months' written notice to terminate, expiring on or after the [first] anniversary of the Services Start Date.

Supply of services
The Supplier shall supply the Services to the Customer from the Services Start Date in accordance with the Contract.
In supplying the Services, the Supplier shall:
perform the Services with reasonable care and skill;
use reasonable endeavours to perform the Services in accordance with the service description set out in Schedule 1;
ensure that the Deliverables, and all goods, materials, standards and techniques used in providing the Services are of satisfactory quality and are fit for purpose;
comply with:
all applicable laws, statutes, regulations from time to time in force; and

provided that the Supplier shall not be liable under the Contract if, as a result of such compliance, it is in breach of any of its obligations under the Contract.

observe all reasonable health and safety rules and regulations and security requirements that apply at any of the Customer's premises and have been communicated to the Supplier, provided that the Supplier shall not be liable under the Contract if, as a result of such observation, it is in breach of any of its obligations under the Contract; and
take reasonable care of all Customer Materials in its possession and make them available for collection by the Customer on reasonable notice and request, always provided that the Supplier may destroy the Customer Materials if the Customer fails to collect the Customer Materials within a reasonable period after termination of the Contract.
Customer's obligations
The Customer shall:
co-operate with the Supplier in all matters relating to the Services;
provide, for the Supplier, its agents, subcontractors, consultants and employees, in a timely manner and at no charge, access to the Customer's premises, office accommodation, data and other facilities as [reasonably] required by the Supplier [or any of them];
provide, in a timely manner, such information as the Supplier may [reasonably] require, and ensure that it is accurate and complete in all material respects; and
provide and ensure sufficient access and egress arrangements for the provision of service sand deliverables. In the event adequate provision Is not made, the supplier reserves the right to requote based on additional time, materials and other expense incurred.
If the Supplier's performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, the Supplier shall:
not be liable for any costs, charges or losses sustained or incurred by the Customer that arise directly or indirectly from such prevention or delay;
be entitled to payment of the Charges despite any such prevention or delay; and
be entitled to recover any additional costs, charges or losses the Supplier sustains or incurs that arise directly or indirectly from such prevention or delay.
Charges and payment
In consideration for the provision of the Services, the Customer shall pay the Supplier the Charges in accordance with this clause.
All amounts payable by the Customer exclude amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to the Supplier at the prevailing rate (if applicable), subject to receipt of a valid VAT invoice. If at the time of this agreement the supplier is not VAT registered, this clause shall not apply.
The Supplier shall submit invoices for the Charges plus VAT if applicable to the Customer [monthly in arrear, on or after the [NUMBER] day of each month] OR [at the intervals specified in Schedule 2] TBC DEPENDING ON CLIENT NEEDS. Each invoice shall include all reasonable supporting information required by the Customer.
The Customer shall pay each invoice due and submitted to it by the Supplier, within 30 days of receipt.
If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then, without limiting the Supplier's remedies under clause 7 (Termination):
the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
the Supplier may suspend all Services until payment has been made in full.
All amounts due under the Contract from the Customer to the Supplier shall be paid by in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
Limitation of liability
The Supplier has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £2,000,000 per claim. The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.
References to liability in this clause include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.
Nothing in this clause shall limit the Customer's payment obligations under the Contract.
Nothing in the Contract limits any liability which cannot legally be limited, including [but not limited to] liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; and
breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Subject to clause 6.3 (No limitation in respect of deliberate default), clause 6.4 (No limitation on customer's payment obligations), and clause 6.5 (Liabilities which cannot legally be limited):
the Supplier's total liability to the Customer:
for all other loss or damage shall not exceed the value of insurance coverage held.
The caps on the parties' liabilities shall be reduced by:
payment of an uncapped liability;
amounts awarded by a court or arbitrator, using their procedural or statutory powers in respect of costs of proceedings or interest for late payment.
Subject to clause 6.3 (No limitation in respect of deliberate default), clause 6.4 (No limitation on customer's payment obligations), and clause 6.5 (Liabilities which cannot legally be limited), this clause sets out the types of loss that are wholly excluded:
loss of profits;
loss of sales or business;
loss of agreements or contracts;
loss of anticipated savings;
loss of use or corruption of software, data or information;
loss of or damage to goodwill; and
indirect or consequential loss.
The Supplier has given commitments as to compliance of the Services with relevant specifications in clause 3. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
Unless the Customer notifies the Supplier that it intends to make a claim in respect of an event within the notice period, the Supplier shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire 12 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
Termination
Without affecting any other right or remedy available to it, either party to the Contract may terminate it with immediate effect by giving written notice to the other party if:
the other party commits a material breach of any term of the Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified to do so;
the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
the other party's financial position deteriorates to such an extent that in the terminating party's reasonable opinion the other party's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
Without affecting any other right or remedy available to it, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if:
the Customer fails to pay any amount due under the Contract on the due date for payment; or
there is a change of control of the Customer.
On termination of the Contract for whatever reason:
the Customer shall immediately pay to the Supplier all of the Supplier's outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier may submit an invoice, which shall be payable immediately on receipt;
any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect; and
termination or expiry of the Contract shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination [or expiry], including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
General
Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
Assignment and other dealings.
The Customer shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract without the Supplier's prior written consent.
The Supplier may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under the Contract.
Confidentiality.
Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party [or of any member of the group to which the other party belongs], except as permitted by clause 8.3.
Each party may disclose the other party's confidential information:
to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause; and
as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
Neither party shall use any other party's confidential information for any purpose other than to perform its obligations under the Contract.
Entire agreement.
The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in the Contract.
Variation. No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Waiver.
A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
Notices.
Any notice, acceptance of quote, Contract terms or other communication given to a party under or in connection with the Contract shall be in writing and shall be:
delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
sent by email to the address provided by the customer and supplier.
Any notice or communication shall be deemed to have been received:
if delivered by hand, at the time the notice is left at the proper address;
if sent by pre-paid first-class post next working day delivery service, at 9.00 am on the second Business Day after posting; or
if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

Third party rights.
The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.
Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

*Schedule 1 refers to Services

*Schedule 2 refers to Charges

Terms & Conditions

Consumer

Business to business

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