Our terms and conditions 2023

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Polar bear windows terms and conditions

The terms and condition provide information on our service and processes. For further information or clarification on anything, please get in touch.

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1. Interpretation

The following definitions and rules of interpretation apply in these Conditions.

1.1 Definitions:

Associated Company: a company is an ‘associated company’ of another company if one of the two has control of the other, or both are under the control of the same person or persons.

Business Day: Monday to Friday excluding weekends and public holidays.

Commencement Date: has the meaning given in clause 2.2.

Conditions: these terms and conditions as amended from time to time in accordance with clause 21.7.

Connected Company: a company that is connected with another company if, either the same person has control of both  companies (or that person and a person connected with him together have control of both companies), or if a group of two or more persons has control of each company and the group consists of the same persons (or could be regarded as consisting of the same persons if one member is replaced with another person with whom he is connected).  

Control: has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of Control 

shall be construed accordingly.

Controller, processor, date subject, personal data, personal data breach, processing and appropriate technical measures: as defined in the Data Protection Legislation.

Customer: the person, firm, or company from whom an Order is accepted by the Supplier.

Delivery Location: has the meaning given in clause 5.1.

Electronic Signature: a method of electronic signature (whatever form this electronic signature may take) as an intention to be bound by a contract and/or agreement as if signed by each party’s manuscript signature.

Force Majeure Event: has the meaning given to it in clause 20.

Goods: the goods (or any part of them) set out in the Order.

Goods Specification: any specification for the Goods, including any relevant plans or drawings, which is agreed in writing by the Customer and the Supplier.

Group Company: in relation to a company, that company, any subsidiary or holding company from time to time of that   company, and any subsidiary from time to time of a holding company of that company. Each company in a Group is a member of the Group.

Installation: the installation of Goods or Services at the Premises.

Normal Hours: means 9:00am – 5:00pm on a Business Day.

Order: The Customer’s order for the supply of Goods and/or Services, as set out in the Customer’s Contract of Sale.

Premises: the property where the installation takes place.

Services: Goods or Services which are subject of such an Order placed in Writing with the Supplier.  

Service Specification: the description or specification for the Services provided in writing by the Supplier to the

Customer.

Subcontractor: means the company or individual that carries out the Services on behalf of the Supplier.

Supplier: Polar Bear Windows Ltd, company no. 7253119, VAT No.992360008, whose registered office is Jarretts Garden Centre, The Park, Willsbridge, Bristol BS30 6EE or any Group Company, Associated Company, or Connected Company that shall be specified to the Customer on the Order (also referred to as the “Company”).

Supplier Materials: has the meaning given in clause 10.1(g).

UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and    Electronic Communications Directive (2002/58/EC) (as updated by Directive 2009/136/EC) and the Privacy and Electronic   Communications Regulations 2003 (SI 2003/2426) as amended.

1.2 Interpretation:

(a) A person includes a natural person, corporate or unincorporated body (whether or not having

separate legal personality).

(b) A reference to a party includes its personal representatives, successors and permitted assigns.

(c) A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or   statutory provision includes all subordinate legislation made under that statute or statutory provision.

(d) 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.

(e) A reference to writing or written includes email and documents signed by Electronic Signature, but excludes fax, SMS text message, or any other electronic medium of communication.

2.  Basis of contract

2.1 The Order constitutes an offer by the Customer to purchase Goods or Services or Goods and Services in accordance with   these Conditions.

2.2 The Order shall only be deemed to be accepted when the Supplier issues written acceptance of the Order at which point and on which date the Order shall come into existence (the “Commencement Date”).

2.3 Any samples, showroom displays, drawings, descriptive matter or advertising issued by the Supplier and any descriptions of the Goods, or illustrations or descriptions of the Services contained in the Supplier’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services and/or Goods described in them. They shall not form part of the Order nor have any contractual force.

2.4 Samples are intended to demonstrate the working of typical items and the materials which may be used. Goods which are subject to the Order will be manufactured in the manner and will be of such quality as We consider most suitable.

2.5 These Conditions apply to the Order to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.6 Any quotation given by the Supplier shall not constitute an offer and is only valid for a period of four (4) weeks from its date of issue.

2.7 All of these Conditions shall apply to the supply of both Goods and Services except where application to one or the other is specified.

3.  Goods

3.1 The Goods are described on the signed official Order Form.

3.2 Within fourteen (14) days of placing an Order You may make a Written request for Goods to be amended provided that   they have not entered production. We will notify You in Writing if the change affects the overall price of the Goods &   Services. Any changes must be signed by the Supplier and the Customer on a variation to contract form, which will then form part of the Order.

3.3 The Supplier reserves the right to amend the Goods Specification if required by any applicable statutory or regulatory   requirement.  From 15th June 2022, all windows and doors must by law feature Trickle Ventilation in accordance with Building Regulations Document F.

4.  Survey

4.1 On receipt of the deposit payment and signed order a surveyor will attend site to take manufacturing sizes and

to ascertain the feasibility of installing the Goods referred to in the Order. This is not a general building survey of the 

Premises, and the inspection will be confined to measuring the aperture which directly relates to the proposed installation.

4.2 The Order price does not include for the repair or replacement of rotten timber, defective lintels, structural defects, hidden services, and hazardous materials such as asbestos found whilst carrying out the works, or the rectification of

pre-existing damp issues. In particular but not limited to Conservatories and bay windows that are affixed to an existing external wall or roof, the price does not include costs for rectification of existing damp issues, we strongly recommend the use of cavity trays. Any such work where identified will be brought to the attention of the Customer and will be the subject of a separate quotation.

4.3 It is not always possible to ascertain the structural integrity of the aperture or to identify the above problems such as those listed in clause 4.2 prior to the installation. Defects or damage to the Premises existing before the Installation are

not the responsibility of the Supplier unless directly attributable to the work done by the Supplier in fulfilling its obligations under the Order.

4.4 The Supplier reserves the right to make such modifications to the work as the surveyor appointed by the Supplier considers appropriate, or necessary. The Supplier will send to the Customer Written details of any major variations to the Order and any extra costs that will be incurred. For the Order to proceed, any major modifications must be signed by the Customer and the Supplier on a variation to contract form. The Supplier reserves the right to make minor variations at its discretion without prior notice, in keeping with the Supplier’s policy of continual improvement.

4.5 If the surveyor does not grant his approval or if the Customer does not accept the modifications set out in the relevant   variation to contract form containing details of any required variations the Supplier will terminate the Order and any deposit will be refunded to the Customer.

4.6 The Goods will be measured and manufactured in line with industry recognised standards. If the Customer has 

specific requirements for measuring and Installation the Customer must specify those details and obtain the Supplier’s Written agreement to the specific requirements prior to the survey. Not all apertures are true, square, and level, and
measurements are taken to allow for internal and external sizes to allow for existing plaster, render and other considerations, in these instances our Surveyors and Installers will follow recognised industry standards to achieve the best overall fit.

4.7 We reserve the right to make additional charges where applicable or cancel the contract up to the point of manufacturing due to technical or unforeseen circumstances.

5.  Delivery of Goods

5.1 The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (the “Delivery Location”) at any time after the Supplier notifies the Customer that the Goods are ready.

5.2 Delivery of the Goods is deemed complete when collected by or delivered to the Customer.

5.3 The anticipated delivery date quoted will start from the date of the survey unless it is to be financed by a lender which may delay the delivery date. Where there are building works, the final survey is carried out after building works are completed.

5.4 The Supplier will endeavour as far as is reasonably practicable, to carry out the Installation within twelve (12) weeks of the final survey, unless it is affected by events outside of its control.

5.5 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence.

The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the   

Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

5.6 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the   Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a
Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.

5.7 If the Customer fails to take delivery of the Goods within three (3) Business Days of the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Supplier’s   failure to comply with its obligations under the Order in respect of the Goods:

(a)  delivery of the Goods shall be deemed to have been completed at 9.00 am on the third (3rd) Business Day following the   day on which the Supplier notified the Customer that the Goods were ready, and the final payment is due; and

(b)  the Supplier shall store the Goods until delivery takes place and charge the Customer for all related costs and expenses (including insurance).

5.8 Installation shall be deemed to have been completed once it has been substantially completed notwithstanding the fact   that minor items may still require to be dealt with and payment of the full and final balance is due.

6.  Quality of Goods

6.1 The Supplier undertakes at its sole discretion to repair or replace free of charge, any defective PVC or Aluminium casement windows, doors, and their component parts for a period of ten (10) years from the date of manufacture.

20 year on aluminium windows against bending, 20 year on white upvc againsts rotting, peeling, chipping, or flaking.

  20 years on the installation of products being secured in place.

6.1a The aperture must not show signs of any movement causing pressure on the product which might cause the product bending, bowing, wrapping or cracking making your guarantee invalid.

6.2 The following terms and exclusions apply to the clause 6.1.

(a)  Within seven (7) days from the date the Customer becomes aware of the defect, the Customer must report the claim 

using the Guarantee form on the Company website. It is the Customers responsibility to upload a copy of the signed Contract, a brief description, and a photo of the defective product.

(b)  Any defects arising from normal wear and tear, or accidental damage are excluded.

(c)  Removal, repositioning, misuse, tampering, excessive force, spraying or damaging the Goods in any way will render the guarantee void.

(d)  The benefit of this Order is personal to the Customer and cannot be assigned without Our Written permission,

a fee may apply.

(e)  Unfoiled coloured finishes and painted Goods are subject to a one (1) year surface guarantee. Metal window and door   furniture is subject to a one (1) year surface guarantee.

(f)  After the first (1st) year, door adjustments will be charged for at the prevailing rate. Door handles must be raised each   time the door is shut to engage the locks, failure to do so may lead to the door bowing and invalidating the Guarantee.

(g)  All moving parts must have been lubricated by the Customer no less than every six (6) months.

(h)  Whilst the glass used by the Supplier will be of good quality it may feature minor imperfections and blemishes and will   be assessed according to glass and glazing Federation guidelines.  Glass specifications are subject to change from time to time and we do not guarantee that replacement glass will be an exact match.

(i)  The Supplier relies on the guarantees passed to the Supplier by their suppliers and shall not be liable as a result of any   failure by those suppliers to meet or honour their guarantees.  We provide a back-to-back guarantee from our suppliers.

(j)  All electrical Goods and installation, ancillary, and sundry items are subject to a one (1) year guarantee.

(k)  All building work carried out by the Supplier is subject to a one (1) year guarantee.

(l)  The Supplier does not claim or guarantee that its products eliminate or reduce incidences of condensation either inside or outside the glass. Aluminium products and metal components can suffer from cold bridging and the appearance of condensation internally.

(m)  Conservatory leaks are covered for a twelve (12) month period from the date of installation.

(n)  Low aluminium thresholds are not severe weather rated and, in some conditions, may suffer from condensation or

water ingress.

(o)  Discolouration and deterioration of mastic and sealants is not covered under the guarantee.

(p)  We do not guarantee that the door frame will be an exact match for the door slab, our standard outer frame is white UPVC. Colour differences are particularly evident with Woodgrain, black and cream/white door outer frames.

6.3  Except as provided in this clause 6, the Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 6.1.

6.4  The terms of these Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.

6.5 Products with a foil finish may experience delamination during prolonged high temperatures of +30 degrees of direct sunlight. There should also not be any close obstructions in front of foiled products like glass balustrade to allow ventilated during hot periods to reduce the risk of delamination. By committing to foil finish products you accept the risk and Polar Bear Windows cannot be held liable for delamination.

6.6 20 year guarantee is 10 year guarantee if you sell the property and the remaining period from the 10 years is passed onto the new homeowner. An inspection will need to happen before the new guarantee are issued and an £150 admin/inspection fee is paid.

6.7 The new owners must provide proof of the works carried out in order for us to transfer the guarantees. We will be entitled to refuse to accept the transfer of the guarantee if our inspection reveals that you the previous owners have not followed the maintenance products.

6.8 All guarantees are only valid provided you follow our Aftercare Guide detailed on your Polar Bear Windows Guarantee document, full details of which can also be found on our website and are available upon request. This includes but is not limited to the regular washing of the product with warm soapy water. Do not try to clean the products with solutions containing bleach or abrasive cleaners and lubricate moving parts every 6 months.

6.9 10 year guarantee on all sealed units against manufacturing defects and moisture entering the sealed unit.

7.  Title and risk

7.1 The risk in the Goods shall pass to the Customer on installation of products.

7.2 Title to the Goods shall not pass to the Customer until the Supplier receives payment in full (in cash or cleared funds) for   the Goods and any other goods that the Supplier has supplied to the Customer.

7.3 Until title to the Goods has passed to the Customer, the Customer shall:

(a) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;

(b) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price on the Supplier’s   behalf from the date of delivery;

(c) notify the Supplier immediately if it becomes subject to any of the events listed in clause 18; and

(d) give the Supplier such information relating to the Goods as the Supplier may require from time to time.

7.4 If before title to the Goods passes to the Customer and the Customer becomes subject to any of the events listed in clause 18 then, without limiting any other right or remedy the Supplier may at any time:

(a) require the Customer to deliver up all Goods in its possession that have not been irrevocably incorporated into another   product; and

(b) if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are   stored in order to recover them.

8.  Supply of Services

8.1 The Supplier shall use all reasonable endeavours to supply the Services to the Customer in accordance with the Service Specification in all material respects.

8.2 The Supplier shall use all reasonable endeavours to meet any performance dates for the Services specified in the Order, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.

8.3 The Supplier reserves the right to amend the Service Specification if necessary to comply with any applicable law or    regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services.

8.4 The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.

9. Additional Works

9.1  It is not the Suppliers responsibility to move services, fixtures or fittings, e.g. radiators, curtains, doorbells, blinds, alarm cables and  contacts, pipes, electricity, telephone or television cables, or any other ancillary items, nor alter the basic structure or items ancillary to the basic structure of the Premises unless the Supplier has specifically stated in the Order that it will do so. It is the Customers liability should such items become damaged as a result of the Customers failure to move them in advance of the installation.

9.2 The Supplier will endeavour to ensure that it matches existing finishes as best as possible, subject to the Supplier having   the materials available. The Supplier will not be liable for non- matching due to weathering of existing materials. The    Supplier cannot guarantee the matching of external specialist finishes such as but not limited to pebble-dashing, bricks, or similar materials. When variations occur in existing plaster lines or the aperture in general, the Supplier cannot guarantee that equal sub frame will be visible all round but will use its reasonable endeavours to ensure a high standard is achieved.

9.3 The Supplier will, as far as reasonably practicable, make good damage caused in the course of Installation to plaster,   rendering, brickwork immediately surrounding any window or door installed, but it cannot guarantee the avoidance of   superficial damage to surrounding wallpaper, paintwork, tiles, brickwork, and flooring in the same area. The making good of such damage and redecoration is the responsibility of the Customer.

9.4 The Supplier cannot undertake to remove or replace intact any existing glass, frames or secondary double-glazing units   without damage. Whilst the Supplier will endeavour to match existing glass designs and colours it cannot guarantee an exact match.

9.5 All materials removed during the course of Installation will be disposed of by the Supplier. If the Customer wants to keep   any or all of these materials, they must ensure that it is clearly written on the Order.

10.  Customer’s obligations

10.1 The Customer shall:

(a)  ensure that the items and diagrams in the Order have been checked and are correct;

(b)  co-operate with the Supplier in all matters relating to the Services;

(c)  provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Customer’s premises, office accommodation and other facilities as reasonably required by the Supplier to provide the Services. The Customer’s failure to allow the Supplier or any of the above access may result in delays to the completion of the Installation. If the Customer does not allow any of the above personnel access to the Premises, the Supplier reserves the right to invoice the Customer for the full Order amount and full payment is due;

(d)  provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the

  Services, and ensure that such information is complete and accurate in all material respects;

(e)  prepare the Premises for the supply of the Services;

(f)  comply with all applicable laws, including health and safety laws;

(g)  keep all materials, equipment, documents and other property of the Supplier (the “Supplier Materials”) at the Customers premises in safe custody at its own risk, maintain the Supplier Materials in good condition until returned to the 

Supplier, and not dispose of or use the Supplier Materials other than in accordance with the Supplier’s written instructions or authorisation;

(h)  comply with any additional obligations as set out in the Service Specification and the Goods Specification.

(i)  obtain any necessary planning, building regulations, legal, party wall or other permissions prior to the Installation. The

Customer warrants to the Supplier that the Customer has made its own enquiries about such matters, and that it has taken all appropriate advice and obtained all necessary permissions, prior to ordering the Goods and Services from the

Supplier (this includes the obligation for the Customer to ensure that Goods are permissible if the Property is Listed or in a conservation area);

(j)  ensure that where the Customer has requested that the Supplier removes doors or makes an opening between the house
and the conservatory that it has made its own arrangements to have doors fitted between the house and the conservatory to separate the house from the conservatory to comply with building regulations;

(k)  where Goods are installed onto or into an existing structure to ensure that the structure is suitable. The Supplier will not   accept any responsibility for damage to the structure, leaks or any damage which may be caused to the Premises or to the Goods as a result of the failure of the structure;

(l)  where a base is installed or modified by the Customer or its sub-contractor or where it has been constructed inadequately or incorrectly, the Supplier will not be held responsible for any subsequent loss or damage attributable to defects within the base or any delay which these defects cause in the Supplier fulfilling the Order;

(m)  where the Supplier is fitting a roof to existing frames or a conservatory onto an existing base, it is the Customer’s  responsibility to ensure that any such frames and the existing base are of adequate strength and suitable construction and that all building regulations and planning regulations are complied with;

(n)  where necessary, the removal or re-sitting, prior to Installation, of any pipes, cables, drains, outlets;

(o)  give free of charge access to all mains services, if required by the Supplier, for the purposes of fulfilling the Order;

(p)  obtain any permission to enable the Supplier to gain access to adjoining properties for the purpose of carrying out the   works;

(q)  the cost of any additional work rendered necessary to complete the Installation as a result of the failure by the Customer   or by its sub-contractor to comply with the requirements of the Order or costs associated with refusing the Supplier or   any associated party to the Supplier access to site on agreed dates; and

(r)  damage to the works which the Supplier has carried out or Goods which it has installed, caused by the Customer or its   own sub-contractors during or after the installation.

10.2 If the Supplier’s performance of any of its obligations under the Order is prevented or delayed by any act or omission by   the Customer or failure by the Customer to perform any relevant obligation (the “Customer Default”):

(a)  without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or 

delays the Supplier’s performance of any of its obligations;

(b)   the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations as set out in this clause; and

(c)  the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.

11.  If there is a problem

11.1 In the unlikely event that there is a problem or defect with the Services or Goods, the Customer must send to the Supplier   Written details of the problem or defect no later than forty-eight (48) hours after the date of Installation, including a full and final snagging list.  After 48 hours further work will only be carried out once payment has been received in full.

11.2 The Customer must provide the Supplier with access to repair or fix any defect and to resolve any query or complaint, within the requested time period. The Supplier will use reasonable efforts to repair or fix the defect as soon as reasonably   practicable. With the complex nature of our products, it may be necessary to attend site on multiple occasions.

12.  Formal Complaints Procedure Ongoing Issues

12.1 To ensure a quick and satisfactory outcome to a complaint about Goods or Services, the Customer must Write to the    Supplier with the full details of your complaint, in one (1) document, within ten (10) days it being requested.

12.2 The Supplier will acknowledge the Customers complaint and respond within ten (10) days with its proposed course

of action.

12.3 If the Customer disagrees with the Supplier’s response it must put its appeal in writing within ten (10) days of the response. The full Complaints procedure is available by request.

12.4 As a consumer, the Customer has legal rights in relation to Services not carried out with reasonable skill and care, or if the

materials the Supplier uses are faulty or not as described. Advice about the Customers legal rights is available from its local Citizens’ Advice Bureau, or Trading Standards office. In the instance that the Supplier’s internal dispute resolution has been exhausted then CERTASS provide an Alternative dispute resolution service.

13.  Payment Terms

13.1 All figures quoted in this clause are a percentage of the total price stated in the Order.  All stage payments must be made within 24 hours of the payment link request

(a)  Windows and Doors: 25% deposit, 65% seven (7) days before installation, 10% final day of delivery/ installation.

(b)  Conservatories with basework: 25% deposit, 65% seven commencement of base, 10% on final day of installation.

(c)  Conservatories without basework: 25% deposit, 65% seven (7) days prior to delivery/installation,

10% final day of installation.

(d)  Aluminium & bought in items: 25% deposit, 65% seven (7) days before delivery/installation,

10% final day of installation.

(e) Finance customers are required to pay 50% deposit and 50% on completion.

13.2 If the Customer does not pay the Supplier for Goods or Services when it is supposed to as set out in this Order the Supplier may suspend the Services with immediate effect until the Customer has paid the outstanding amounts.

13.3 Should the installation or parts of the installation be delayed by the Customer or if it fails to provide the Supplier with   reasonable access, then payments equal to the value of those Goods and Services, whether delivered or not will be due when invoiced by the Supplier.

13.4 Payment of invoices must be made on the due date stated on the invoice. The Supplier reserves the right to charge the   Customer an interest at 1% of the unpaid amount, accrued on a weekly basis from the due date until actual payment of the overdue amount.

13.5 Any variations to stage payments will be clearly stated in the Order confirmation. Where goods are financed payment   terms are clearly stated on the finance agreement. The Customer must notify the Supplier in Writing within fourteen (14) days of the Order confirmation if the Customer does not accept those terms.

13.6 There is no charge for personal debit or credit card payments. American Express, business, and other specialist cards are   are not accepted.

13.7 The survey fee, is included in the deposit.

13.8 The Supplier’s personnel are authorised to accept cash, or a cheque made payable to the Supplier. When paying by cash it is the Customer’s responsibility to ensure that it obtains a receipt, signed by a member staff of the Supplier clearly stating their name, as proof of payment.

13.9 Any failure by the Customer to pay invoices as they become due in accordance with these Terms & conditions will constitute a breach of its Order with the Supplier.

13.10 All Goods remain the Supplier’s property until paid for in full. If the Customer fails to pay for Goods in accordance with   these terms and conditions the Supplier may enter the Customer’s Premises, to remove and take back the Goods.

13.11 If the Customer disputes an invoice, it must contact the Supplier in Writing at the Supplier’s address stated on the Order     within forty-eight (48) hours of receiving the invoice to tell the Supplier why it disputes the invoice.

14. Charges, invoices, and payment

14.1 The price of the Goods and Services, is stated on the Order and is subject to VAT at the prevailing rate.

14.2 If the Supplier utilises a Subcontractor to perform any of the Services in accordance with this agreement, the Subcontractor will specify on the invoice the separate costs for the Subcontractor (the “Subcontractor Fees”) and that the work performed by the Subcontractor and the Subcontractor Fees are in addition to the cost of the Supplier’s own services.

14.3 It is the Customer’s responsibility to pay the invoice in full including the Subcontract Fees, and the Supplier will pay the   Subcontractor Fees on behalf of the Customer on a back-to-back basis.

14.4 The Customer, under the terms of this agreement and the Order, receives the benefit of the Services performed by the   Subcontractor, as paid for by the full payment of the invoice to the Supplier acting as agent for the Subcontractor.

14.5 The Supplier will only pay the Subcontractor Fees upon receiving written confirmation of satisfactory completion of the   Services pursuant to the Order.

15.  Data protection

15.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 15 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation. In this

clause 15, Applicable Laws means (for so long as and to the extent that they apply to the Supplier) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK.

15.2 The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the controller, and the   Supplier is the processor.

15.3 Without prejudice to the generality of clause 15.1, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the personal data to the Supplier for the duration and purposes of the Order.

15.4 Without prejudice to the generality of clause 15.1, the Supplier shall, in relation to any personal data processed in connection with the performance by the Supplier of its obligations under the Order:

(a)  process that personal data only on the documented written instructions of the Customer unless the Supplier is required by Applicable Laws to otherwise process that personal data. Where the Supplier is relying on Applicable Laws as the basis for processing personal data, the Supplier shall promptly notify the Customer of this before performing the pro
cessing required by the Applicable Laws unless those Applicable Laws prohibit the Supplier from so notifying the Customer;

(b)  ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Customer,   to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of,   or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or  accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of    technological development and the cost of implementing any measures (those measures may include, where   appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience   of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner   after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures   adopted by it);

(c)  ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential; and

(d)  not transfer any personal data outside of the European Economic Area unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled:

(i)   the Customer or the Supplier has provided appropriate safeguards in relation to the transfer;

(ii)  the data subject (as defined in the Data Protection Legislation) has enforceable rights and effective legal remedies;

(iii) the Supplier complies with its obligations under the Data Protection Legislation by providing an adequate level of        protection to any personal data that is transferred; and

(iv)  the Supplier complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the personal data;

(e)  assist the Customer, at the Customer’s cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications,    impact assessments and consultations with supervisory authorities or regulators;

(f)  notify the Customer without undue delay on becoming aware of a personal data breach;

(g)  at the written direction of the Customer, delete or return personal data and copies thereof to the Customer on termination of the Order unless required by Applicable Law to store the personal data; and

(h)  maintain complete and accurate records and information to demonstrate its compliance with this clause 15 and   immediately inform the Customer if, in the opinion of the Supplier, an instruction infringes the Data Protection

Legislation.

15.5 Either party may, at any time on not less than thirty (30) days’ notice, revise this clause 15 by replacing it with any   applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme   (which shall apply when replaced by attachment to the Order).

17.  Limitation of liability

17.1 The Supplier has obtained insurance cover in respect of its own legal liability for individual claims. 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.

17.2 The restrictions on liability in this clause 17 apply to every liability arising under or in connection with the Order including   liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

17.3 Nothing in the Order limits any liability which cannot legally be limited, including liability for:

(a)  death or personal injury caused by negligence;

(b)  fraud or fraudulent misrepresentation;

(c)  breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services

  Act 1982 (title and quiet possession); and

(d)  defective products under the Consumer Protection Act 1987.

17.4 Subject to clause 17.3, the Supplier’s total liability to the Customer shall not exceed for Goods and Services in relation to   the Order.

17.5 The Supplier has given commitments as to compliance of the Goods and Services with relevant specifications in clause   6 and clause 8. In view of these commitments, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and 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 Order.

17.6 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 seven (7) days from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

17.7 This clause 17 shall survive termination of the Order.

18.  Termination

18.1 The Customer has the right to cancel the Order within fourteen (14) days of placing the Order without any reason. To do   so it must Write to the Supplier stating its name, address, contract number, date, and state that it wishes to cancel.

18.2 The right to cancel excludes any bespoke goods, made to the customers specification. Refunds will be made within    fourteen (14) days of notification of cancellation.

18.3 For orders placed on the Supplier’s premises or where the Customer has posted or delivered the Order by hand to the Supplier clause 18.1 does not apply.

18.4 If the Customer expressly requests that the supply of Services should begin during the cancellation period then it has no right to cancel the Order.

18.5 If the Supplier has to cancel an Order and the Customer has made any payments in advance for Goods or Services which   have not been provided to the Customer, the Supplier will refund these amounts to the Customer.

18.6 The Supplier may cancel the Order at any time with immediate effect by giving You Written notice if:

(a)  The customer does not pay the Supplier when it is supposed to as set out in clause 14.

  This does not affect the Supplier’s right to charge the Customer interest; or

(b)  The Customer breaks the Order in any other significant way, and it does not correct or fix the situation within

twenty-one (21) days of the Supplier asking it to in Writing.

18.7 Without affecting any other right or remedy available to it, the Supplier may suspend the supply of Services or all further   deliveries of Goods under the Order or any other contract between the Customer and the Supplier if the Customer fails   to pay any amount due under the Order on the due date for payment, the Customer becomes subject to the event listed in clause 18.1 19. Consequences of termination

19.1 On termination of the Order:

(a)  the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services and Goods supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;

(b)  the Customer shall return all of the Supplier Materials and any Deliverables or Goods which have not been fully paid for. If the Customer fails to do so, then the Supplier may enter the Customer’s premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any   purpose not connected with this Order.

19.2 Termination or expiry of the Order shall not affect any rights, remedies, obligations, and 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 Order which existed at or before the date of termination or expiry.

19.3 Any provision of the Order that expressly or by implication is intended to have effect after termination or expiry shall   continue in full force and effect.

20. Force majeure

Neither party shall be in breach of the Order nor liable for delay in performing or failure to perform, any of its obligations

under the Order if such delay or failure result from events, circumstances or causes beyond its reasonable control (a “Force Majeure Event”). In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for three (3) months, the party not affected may terminate this agreement by giving thirty (30) days written notice to the affected party.

21.  General

21.1 Assignment and other dealings

(a)  The Supplier may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other   manner with any or all of its rights and obligations under the Order.

(b)  The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other   manner with any of its rights and obligations under the Order.

21.2 Notices.

(a)  Any notice or other communication given to a party under or in connection with the Order 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).

(b)  Any notice or communication shall be deemed to have been received:

(i)  if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; and

(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service.

(c)  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.

(d)  A notice given under the Order is not valid if sent by fax, email, SMS text message, or any other medium of electronic   communication.

21.3 Severance. If any provision or part-provision of the Order 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 21.3 shall not affect the validity and enforceability of the rest of the Order.

21.4 Waiver. A waiver of any right or remedy under the Order 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 Order 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 Order or by law shall prevent or restrict the further exercise of that or any other right or remedy.

21.5 No partnership or agency. Nothing in the Order is intended to, or shall be deemed to, establish any partnership or joint   venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.

21.6 Entire agreement.

(a)  The Order 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.

(b)  Each party acknowledges that in entering into the Order 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    Order. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Order.

(c)  Nothing in this clause shall limit or exclude any liability for fraud.

21.7 Third party rights. Unless it expressly states otherwise, the Order does not give rise to any rights under the Orders (Rights of Third Parties) Act 1999 to enforce any term of the Order.

Variation. Except as set out in these Conditions, no variation of the Order shall be effective unless it is agreed in writing   and signed by the parties (or their authorised representatives).

  Governing law. The Order 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 Order or its subject matter or formation.

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