Terms & Conditions
General Terms and Conditions of Sale and Delivery of TSK Laboratory UK (hereinafter also referred to as: “TSK”)
TSK Laboratory UK is a trading name of ACollaboratory UK Ltd, a Company registered in the United Kingdom with company number 16068292.
1. Quotation and order confirmation
1.1 All offers and transactions from TSK are subject to the following terms and conditions. If the General Terms and Conditions of Sale and Delivery in combination with a framework agreement or an order confirmation apply, the stipulations in the framework agreement or order confirmation shall prevail over the General Terms and Conditions of Sale and Delivery.
1.2 Acceptance of the order confirmation by the purchaser shall be assumed if, within seven working days following receipt of the order confirmation, the purchaser has not registered a written objection. In present conditions, “written” shall also mean: by facsimile transmission, by e-mail or by other electronic means.
1.3 The product description included by the purchaser in their offer and/or their orders shall only be binding if that product description has clearly been specified by TSK in a framework agreement or in an order confirmation.
1.4 The quotations notified by TSK shall be valid for 1 month.
1.5 Deviations from the General Terms and Conditions of Sale and Delivery shall only be valid if approved by TSK in writing, at detail level.
1.6 Present General Terms and Conditions of Sale and Delivery shall take precedence over any terms and conditions of purchase of a purchaser, irrespective of whether any terms and conditions of the purchaser have been presented to TSK.
2. Brochures, specifications, samples
2.1 Product descriptions on the website, in catalogues, brochures, price lists, etc. apply only as approximate descriptions and are entirely non-binding.
2.2 The quality and product description of product samples are indicative of the appearance of the product. It is permitted that deviations may occur in the finished products.
2.3 The specifications as laid down in the framework agreement or order confirmation may vary from time to time, exclusively at the individual judgement of TSK. As part of product development by TSK, the specifications may undergo changes. Any changes to the specifications shall take precedence over the specifications as stated in the framework agreement or the order confirmation.
3. Use of the goods delivered / to be delivered
3.1 The purchaser and not TSK must determine whether the goods delivered and/or to be delivered are suitable for the use intended by (the customers of) the purchaser.
4. Prices
4.1 The prices specified in offers and order confirmations issued by TSK are excluding transport costs, packaging costs and excluding VAT. Deliveries shall be ex-works unless otherwise agreed, in writing.
4.2 All prices specified by TSK are based on the purchase prices applicable for TSK at the time the offers or confirmations were issued, the exchange rate for the relevant foreign currency as stated in its offers and order confirmations, import duties and equivalent charges, insurance tariffs, carriage costs, taxes and margin schemes, etc. In the event of changes to one or more of the cost price determining factors referred to above, or other factors, TSK shall be entitled to pass on those changes to the purchaser in the relevant sales invoice.
4.3 The (potential) purchaser shall return the samples or models to TSK, at the first request of TSK.
4.4 The specified prices are based on the quantities indicated by the purchaser. If the actual quantity deviates from the quantity on which the prices were based, TSK reserves the right to adjust the prices.
5. Payment
5.1 Payment of the amounts payable by the purchaser to TSK for orders placed via the website must be made immediately after placing the order.
5.2 Payment of the amounts payable by the purchaser to TSK for orders placed by phone or email must be made by the invoice due date, without settlement or suspension and without deduction of costs, to the bank account indicated by TSK. Payment in any other way is only valid following written approval from TSK.
5.3 All bank costs arising from the payment of the purchase price in the purchaser’s country or from the opening and confirmation of letters of credit shall be borne by the purchaser.
5.4 In the event of late payment of the amounts payable to TSK, the purchaser shall be immediately in default, without any notice of default being required. Without prejudice to TSK’s authority to declare all agreements/orders with the purchaser dissolved and to claim compensation for all damages suffered as a consequence, the purchaser shall: a. be required to pay interest on the amount payable to TSK; b. be required to reimburse all extrajudicial costs to TSK, with a minimum of 10 percent of the principal amount.
5.5 Payments made by the purchaser shall first reduce the costs payable, then the interest payable, and finally the oldest outstanding invoices, irrespective of any instructions from the purchaser stating otherwise.
5.6 TSK reserves the right to demand security for timely payment in respect of deliveries already made and still to be made. This security, at TSK’s discretion, may take the form of prepayment, bank guarantee, mortgage, pledge, or contract of suretyship. If insufficient surety is provided in response to TSK’s request, TSK shall be authorised to suspend further implementation of agreements without being required to pay compensation for any resulting disadvantage. TSK shall also be authorised, in relevant cases, to deliver cash on delivery, contrary to the agreements entered into if necessary.
5.7 In the event of non-compliance, late or incorrect compliance by the purchaser with any obligation arising from agreements with TSK, and in the event of bankruptcy, moratorium on payment, participation in a debt rescheduling scheme, or placing under guardianship of the purchaser, or cessation or winding up of their business, TSK shall be authorised – without any obligation to pay compensation and without prejudice to other rights – to declare the agreement dissolved, without any reminder or notice of default being required. TSK shall also be entitled to dissolve any other current orders with the purchaser, in as much as not yet (fully) implemented. Each dissolution shall result in the immediate demandability of all amounts payable to TSK.
5.8 If payment is made later than specified in article 5.1, from the due date, TSK shall be entitled to charge interest on the remaining amount not yet paid, at a rate of 1.5% per month or part of a month. Following each of the first two reminders, reminder costs of £50 excluding VAT may also be charged, and £100 excluding VAT for the third and all subsequent reminders.
6. Property rights
6.1 The ownership of the goods supplied by TSK shall only be transferred to the purchaser as soon as the purchaser has paid all amounts payable to TSK in respect of the delivery of those goods (which shall not only be taken to mean the purchase price including the surcharges, increases and payments payable in respect of present terms and conditions, but also any interest and costs). The risk for the goods to be delivered shall be transferred if and as soon as these goods have left the warehouse and/or the factory.
6.2 The products from TSK are trademark protected, and the purchaser is not authorised to register or allocate rights in whatever form if and in as much as such action infringes the intellectual property rights of TSK, if those rights are violated in any way, or if the enforcement of those rights is frustrated or impeded.
6.3 TSK retains the intellectual property rights to each product, including in cases in which products are developed in collaboration with the purchaser, unless otherwise agreed in writing.
7. Delivery
7.1 Unless otherwise specified in the framework agreement or the order confirmation, delivery will be made ex warehouse.
8. Transport packaging
8.1 The delivery shall be packaged in accordance with the general packaging methods of TSK. If a purchaser requires other packaging, TSK must be duly notified in writing at the moment of placement of the order. The additional costs for the nonstandard packaging agreement shall be for the account of the purchaser.
8.2 The packaging from TSK shall comply with the legal requirements as applicable in the UK. Prior to acceptance of the order by the purchaser, the purchaser must inform TSK in writing of any additional and/or other requirements.
9. Shortcomings
9.1 Colour deviations from the samples which remain within the margins and which in trade are considered as reasonable and customary, shall not be considered shortcomings.
9.2 A deviation in quantity of 4 percent or less per delivery shall not be an error/fault and for that reason shall not grant any right to a pro rata adjustment of the invoice amount.
10. Liability of TSK – force majeure, faulty deliveries
10.1 If incidents occur which could not be foreseen by TSK or incidents arise over which TSK has no influence, which impede TSK in implementing the agreed delivery, TSK shall not be liable due to force majeure.
10.2 TSK shall under no circumstances be liable for loss of production, loss of production time, loss of profit, or other indirect losses. If TSK is liable for the goods supplied by TSK with shortcomings, the purchaser may demand compensation for any demonstrable direct losses suffered by the purchaser. The compensation shall under no circumstances be higher than the total price of the order for the goods in question with shortcomings, however in all cases with a maximum of £10,000, except in the event of deliberate action or gross negligence on the part of the directors of TSK.
10.3 If more than 4 percent of a delivery contains goods with shortcomings, at its own discretion, TSK may decide to reimburse the invoice amount or to redeliver the goods. Below this limit, TSK shall not be liable.
10.4 Goods recognised by TSK as faulty may be returned to TSK according to the instructions and for the account of TSK.
10.5 Any liability for faulty goods and liability for replacement deliveries shall expire at the latest 6 months following delivery.
11. Obligation upon the purchaser to inspect the delivered goods
11.1 The purchaser is required to inspect the delivery immediately following receipt or at the latest following arrival of the delivered goods at the business address of the purchaser.
11.2 Complaints relating to errors or shortcomings must be submitted to TSK in writing within 1 week following the delivery.
12. Liability of TSK for delayed deliveries
12.1 Unless otherwise agreed in writing, an agreed delivery time shall not be a deadline but shall only be an approximation and shall otherwise be entirely non-binding. TSK is not liable for delays which TSK could not have foreseen or could not have restricted (“force majeure”).
12.2 Under no circumstances shall TSK be liable for loss of production, loss of production time, loss of profit, or other indirect losses. If TSK is liable for the delay, the purchaser may demand compensation for any demonstrable direct losses suffered by the purchaser. The compensation shall under no circumstances exceed the total price of the order in respect of the non-delivered goods in question, however in all cases with a maximum of £10,000, except in the case of deliberate action or gross negligence on the part of the directors of TSK.
13. Product liability
13.1 The purchaser guarantees TSK that the illustrations and/or additional documentation for the goods contain all warnings and preventive measures required in the countries to which the goods will be delivered by the purchaser. The purchaser shall indemnify TSK against claims from third parties against TSK directly or indirectly relating to and/or arising from insufficient information provision in respect of the correct treatment and/or use of the goods.
14. Confidentiality
14.1 TSK and the purchaser shall undertake to pass on no information to third parties obtained in connection with the offers and/or orders, if containing confidential information, except for TSK’s supplie
15. Applicable law, competent court
15.1 These General Terms and Conditions of Sale and Delivery are subject to UK law.
15.2 The courts of the UK shall have exclusive jurisdiction in the event of any disputes.
E-COMMERCE TERMS FOR THE SALE OF GOODS
1. ABOUT US
1.2 CONTACTING US. TO CONTACT US TELEPHONE OUR CUSTOMER SERVICE TEAM AT +44 207 288 6400 OR EMAIL INFOUK@TSKLAB.COM. HOW TO GIVE US FORMAL NOTICE OF ANY MATTER UNDER THE CONTRACT IS SET OUT IN CLAUSE 15.2.
2. OUR CONTRACT WITH YOU
2.2 ENTIRE AGREEMENT. THE CONTRACT IS THE ENTIRE AGREEMENT BETWEEN US IN RELATION TO ITS SUBJECT MATTER. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY STATEMENT, PROMISE OR REPRESENTATION OR ASSURANCE OR WARRANTY THAT IS NOT SET OUT IN THE CONTRACT.
2.4 YOUR COPY. YOU SHOULD PRINT A COPY OF THESE TERMS OR SAVE THEM TO YOUR COMPUTER FOR FUTURE REFERENCE.
3. PLACING AN ORDER AND ITS ACCEPTANCE
3.2 CORRECTING INPUT ERRORS. OUR ORDER PROCESS ALLOWS YOU TO CHECK AND AMEND ANY ERRORS BEFORE SUBMITTING YOUR ORDER TO US. PLEASE CHECK THE ORDER CAREFULLY BEFORE CONFIRMING IT. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR ORDER IS COMPLETE AND ACCURATE.
3.3 ACKNOWLEDGING RECEIPT OF YOUR ORDER. AFTER YOU PLACE AN ORDER, YOU WILL RECEIVE AN EMAIL FROM US ACKNOWLEDGING THAT WE HAVE RECEIVED IT, BUT PLEASE NOTE THAT THIS DOES NOT MEAN THAT YOUR ORDER HAS BEEN ACCEPTED. OUR ACCEPTANCE OF YOUR ORDER WILL TAKE PLACE AS DESCRIBED IN CLAUSE 3.4.
3.4 ACCEPTING YOUR ORDER. OUR ACCEPTANCE OF YOUR ORDER TAKES PLACE WHEN WE SEND THE EMAIL TO YOU TO ACCEPT IT, AT WHICH POINT THE CONTRACT BETWEEN YOU AND US WILL COME INTO EXISTENCE.
3.5 IF WE CANNOT ACCEPT YOUR ORDER. IF WE ARE UNABLE TO SUPPLY YOU WITH THE GOODS FOR ANY REASON, WE WILL INFORM YOU OF THIS BY EMAIL AND WE WILL NOT PROCESS YOUR ORDER. IF YOU HAVE ALREADY PAID FOR THE GOODS, WE WILL REFUND YOU THE FULL AMOUNT INCLUDING ANY DELIVERY COSTS CHARGED AS SOON AS POSSIBLE.
4. OUR GOODS
4.2 ALTHOUGH WE HAVE MADE EVERY EFFORT TO BE AS ACCURATE AS POSSIBLE, ANY DEVIATION IN QUANTITY OF 4% OR LESS SHALL NOT BE AN ERROR/FAULT AND FOR THAT REASON SHALL NOT GRANT ANY RIGHT TO A PRO RATA ADJUSTMENT OF THE INVOICE AMOUNT.
4.4 WE RESERVE THE RIGHT TO AMEND THE SPECIFICATION OF THE GOODS IF REQUIRED BY ANY APPLICABLE STATUTORY OR REGULATORY REQUIREMENT.
4.5 IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER THE GOODS DELIVERED AND/OR TO BE DELIVERED ARE SUITABLE FOR THE USE INTENDED AND WE WILL HAVE NO LIABILITY OR OBLIGATION TO PROVIDE A REFUND IN THE EVENT THAT YOU ARE UNABLE TO USE THESE AS INTENDED.
5. INTELLECTUAL PROPERTY
5.2 BY AGREEING TO THESE TERMS AND CONDITIONS, YOU WARRANT THAT YOU SHALL NOT INFRINGE OUR INTELLECTUAL PROPERTY RIGHTS IN THE GOODS SUPPLIED.
6. RETURN AND REFUND
6.2.1 MANUFACTURER-SEALED NEEDLES OR CANNULAS, ONCE THESE GOODS ARE UNSEALED AFTER YOU RECEIVE THEM; OR
6.3 TO CANCEL THE CONTRACT, YOU MUST EMAIL US AT ORDERSUK@TSKLAB.COM OR CONTACT OUR CUSTOMER SERVICES TEAM BY TELEPHONE ON THE NUMBER IN CLAUSE 1.2. IF YOU ARE EMAILING US, PLEASE INCLUDE DETAILS OF YOUR ORDER TO HELP US TO IDENTIFY IT. IF YOU SEND US YOUR CANCELLATION NOTICE BY EMAIL, THEN YOUR CANCELLATION IS EFFECTIVE FROM THE DATE YOU SEND THE EMAIL.
6.4 IF YOU HAVE RETURNED THE GOODS TO US UNDER THIS CLAUSE 6 BECAUSE THEY ARE FAULTY OR MIS-DESCRIBED, WE WILL REFUND THE PRICE OF THE GOODS AND WILL REFUND YOU USING THE PAYMENT METHOD ORIGINALLY USED. IF, FOLLOWING INSPECTION, WE DETERMINE THAT THE GOODS ARE NOT FAULTY AND ARE NOT MIS-DESCRIBED, YOU WILL BE RESPONSIBLE FOR THE COST OF RETURNING THE GOODS TO US.
6.5 IF GOODS HAVE BEEN DELIVERED TO YOU BEFORE YOU DECIDE TO CANCEL THE CONTRACT THEN YOU MUST RETURN THEM TO US WITHOUT UNDUE DELAY AND IN ANY EVENT NOT LATER THAN 14 DAYS AFTER THE DAY ON WHICH YOU LET US KNOW THAT YOU WISH TO CANCEL THE CONTRACT.
7. DELIVERY, TRANSFER OF RISK AND TITLE
7.2 DELIVERY IS COMPLETE ONCE THE GOODS HAVE BEEN UNLOADED AT THE ADDRESS FOR DELIVERY SET OUT IN YOUR ORDER AND THE GOODS WILL BE AT YOUR RISK FROM THAT TIME.
7.3 YOU OWN THE GOODS ONCE WE HAVE RECEIVED PAYMENT IN FULL, INCLUDING OF ALL APPLICABLE DELIVERY CHARGES.
7.4 IF WE FAIL TO DELIVER THE GOODS, OUR LIABILITY IS LIMITED TO THE COST OF OBTAINING REPLACEMENT GOODS OF A SIMILAR DESCRIPTION AND QUALITY IN THE CHEAPEST MARKET AVAILABLE, LESS THE PRICE OF THE GOODS. HOWEVER, WE WILL NOT BE LIABLE TO THE EXTENT THAT ANY FAILURE TO DELIVER WAS CAUSED BY AN EVENT OUTSIDE OUR CONTROL, OR BECAUSE YOU FAILED TO PROVIDE ADEQUATE DELIVERY INSTRUCTIONS OR ANY OTHER INSTRUCTIONS THAT ARE RELEVANT TO THE SUPPLY OF GOODS.
7.5 IF YOU FAIL TO TAKE DELIVERY WITHIN 5 DAYS AFTER THE DAY ON WHICH WE NOTIFIED YOU THAT THE GOODS WERE READY FOR DELIVERY, WE MAY RESELL PART OF, OR ALL THE GOODS. WE SHALL REPAY YOU THE PRICE YOU PAID FOR THE GOODS AFTER DEDUCTING REASONABLE STORAGE, INSURANCE AND SELLING COSTS AND ANY SHORTFALL BETWEEN THE RESALE PRICE AND THE PRICE YOU PAID FOR THE GOODS.
8. NO INTERNATIONAL DELIVERY
8.2 YOU MAY PLACE AN ORDER FOR GOODS FROM OUTSIDE THE UK, BUT THIS ORDER MUST BE FOR DELIVERY TO AN ADDRESS IN THE UK.
8.3 IF YOU WISH TO PURCHASE OUR GOODS FOR DELIVERY OUTSIDE THE UK, PLEASE VISIT HTTPS://WWW.TSKLAB.COM/.
9. PRICE OF GOODS AND DELIVERY CHARGES
9.2 PRICES FOR OUR GOODS MAY CHANGE FROM TIME TO TIME, BUT CHANGES WILL NOT AFFECT ANY ORDER YOU HAVE ALREADY PLACED.
9.3 THE PRICE OF GOODS EXCLUDES VAT (WHERE APPLICABLE) AT THE APPLICABLE CURRENT RATE CHARGEABLE IN THE UK FOR THE TIME BEING. HOWEVER, IF THE RATE OF VAT CHANGES BETWEEN THE DATE OF YOUR ORDER AND THE DATE OF DELIVERY, WE WILL ADJUST THE VAT YOU PAY, UNLESS YOU HAVE ALREADY PAID FOR THE GOODS IN FULL BEFORE THE CHANGE IN VAT TAKES EFFECT.
9.4 THE PRICE OF THE GOODS DOES NOT INCLUDE DELIVERY CHARGES. OUR DELIVERY CHARGES ARE AS ADVISED TO YOU DURING THE CHECK-OUT PROCESS, BEFORE YOU CONFIRM YOUR ORDER.
9.5 OUR DELIVERY CHARGES ARE:
9.5.1 FOR ALL ORDERS WITH A VALUE ABOVE £150 (EXCLUDING VAT), TO ANYWHERE WITHIN THE UNITED KINGDOM, FREE DELIVERY IS PROVIDED; AND
9.5.2 FOR ANY ORDERS UNDER £150 (EXCLUDING VAT AND SHIPPING) A SHIPPING FEE OF £7.50 WILL BE CHARGED.
9.6 WE SELL A LARGE NUMBER OF GOODS THROUGH OUR SITE. IT IS ALWAYS POSSIBLE THAT, DESPITE OUR REASONABLE EFFORTS, SOME OF THE GOODS ON OUR SITE MAY BE INCORRECTLY PRICED. IF WE DISCOVER AN ERROR IN THE PRICE OF THE GOODS YOU HAVE ORDERED WE WILL CONTACT YOU TO INFORM YOU OF THIS ERROR AND WE WILL GIVE YOU THE OPTION OF CONTINUING TO PURCHASE THE GOODS AT THE CORRECT PRICE OR CANCELLING YOUR ORDER. WE WILL NOT PROCESS YOUR ORDER UNTIL WE HAVE YOUR INSTRUCTIONS. IF WE ARE UNABLE TO CONTACT YOU USING THE CONTACT DETAILS YOU PROVIDED DURING THE ORDER PROCESS, WE WILL TREAT THE ORDER AS CANCELLED AND NOTIFY YOU IN WRITING. IF WE MISTAKENLY ACCEPT AND PROCESS YOUR ORDER WHERE A PRICING ERROR IS OBVIOUS AND UNMISTAKEABLE AND COULD REASONABLY HAVE BEEN RECOGNISED BY YOU AS A MISPRICING, WE MAY CANCEL SUPPLY OF THE GOODS AND REFUND YOU ANY SUMS YOU HAVE PAID.
10. HOW TO PAY
10.2 PAYMENT FOR THE GOODS AND ALL APPLICABLE DELIVERY CHARGES IS IN ADVANCE. WE MUST RECEIVE PAYMENT FOR THE GOODS AND ANY DELIVERY CHARGES IN FULL, CLEARED PAYMENT BEFORE THEY ARE DESPATCHED.
11. MANUFACTURER'S GUARANTEE
12. OUR WARRANTY FOR THE GOODS
12.2 WE PROVIDE A WARRANTY THAT ON DELIVERY, AND, WHERE THE GOODS ARE SUPPLIED WITH A STATED EXPIRY OR USEBY DATE, UP TO AND INCLUDING THAT EXPIRY OR USEBY DATE ONLY THE GOODS SHALL:
12.3.1 YOU GIVE US NOTICE IN WRITING WITHIN A REASONABLE TIME OF DISCOVERY THAT SOME OR ALL OF THE GOODS DO NOT COMPLY WITH THE WARRANTY SET OUT IN CLAUSE 12.2;
12.3.2 WE ARE GIVEN A REASONABLE OPPORTUNITY OF EXAMINING THE GOODS AND PHOTOGRAPHIC EVIDENCE IS PROVIDED OF ANY DEFECT; AND
12.4 WE WILL NOT BE LIABLE FOR BREACH OF THE WARRANTY SET OUT IN CLAUSE 12.2 IF: 12.4.1 YOU MAKE ANY FURTHER USE OF THE GOODS AFTER GIVING NOTICE TO US UNDER CLAUSE 12.3;
12.4.3 THE DEFECT ARISES AS A RESULT OF FAIR WEAR AND TEAR, WILFUL DAMAGE, NEGLIGENCE, OR ABNORMAL STORAGE OR WORKING CONDITIONS; OR
12.4.4 THE GOODS DIFFER FROM THEIR DESCRIPTION OR SPECIFICATION AS A RESULT OF CHANGES MADE TO ENSURE THEY COMPLY WITH APPLICABLE STATUTORY OR REGULATORY REQUIREMENTS.
12.5 WE WILL ONLY BE LIABLE TO YOU FOR THE GOODS' FAILURE TO COMPLY WITH THE WARRANTY SET OUT IN CLAUSE 12.2 TO THE EXTENT SET OUT IN THIS CLAUSE 12.
12.6 EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DO NOT GIVE ANY REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS IN RELATION TO THE GOODS. ANY REPRESENTATION, CONDITION OR WARRANTY WHICH MIGHT BE IMPLIED OR INCORPORATED INTO THESE TERMS BY STATUTE, COMMON LAW OR OTHERWISE IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, WE WILL NOT BE RESPONSIBLE FOR ENSURING THAT THE GOODS ARE SUITABLE FOR YOUR PURPOSES.
13. PACKAGING
13.2 IF YOU REQUIRE OTHER PACKAGING, TSK MUST BE DULY NOTIFIED IN WRITING ONPLACEMENT OF THE ORDER. THE ADDITIONAL COSTS FOR THE NON-STANDARD PACKAGING SHALL BE AGREED BETWEEN THE PARTIES SEPARATELY DEPENDING ON THE REQUIREMENTS PUT FORWARD.
14. OUR LIABILITY
14.2 WE ONLY SUPPLY THE GOODS FOR INTERNAL USE BY YOUR BUSINESS, AND YOU AGREE NOT TO USE THE GOODS FOR ANY RESALE PURPOSES.
14.3.3 BREACH OF THE TERMS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 (TITLE AND QUIET POSSESSION); OR
14.5 SUBJECT TO CLAUSE 14.3, OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES ARISING UNDER OR IN CONNECTION WITH THE CONTRACT WILL IN NO CIRCUMSTANCES EXCEED £10,000.
15. EVENTS OUTSIDE OUR CONTROL
15.2 IF AN EVENT OUTSIDE OUR CONTROL TAKES PLACE THAT AFFECTS THE PERFORMANCE OF OUR OBLIGATIONS UNDER THE CONTRACT:
15.3 YOU MAY CANCEL THE CONTRACT AFFECTED BY AN EVENT OUTSIDE OUR CONTROL WHICH HAS CONTINUED FOR MORE THAN 30 DAYS. TO CANCEL PLEASE CONTACT US USING THE CONTACT DETAILS SET OUT AT CLAUSE 1.2. IF YOU OPT TO CANCEL, YOU WILL RETURN (AT OUR COST) ANY RELEVANT GOODS YOU HAVE ALREADY RECEIVED AND WE WILL REFUND THE PRICE YOU HAVE PAID, INCLUDING ANY DELIVERY CHARGES.
16 COMMUNICATIONS BETWEEN US
16.2 ANY NOTICE GIVEN BY ONE OF US TO THE OTHER UNDER OR IN CONNECTION WITH THE CONTRACT MUST BE IN WRITING AND BE DELIVERED BY HAND, SENT BY PRE-PAID FIRST CLASS POST OR OTHER NEXT WORKING DAY DELIVERY SERVICE, OR EMAIL.
16.3.2 IF SENT BY PRE-PAID FIRST CLASS POST OR OTHER NEXT WORKING DAY DELIVERY SERVICE, AT 9.00 AM ON THE SECOND WORKING DAY AFTER POSTING; OR
16.4 IN PROVING THE SERVICE OF ANY NOTICE, IT WILL BE SUFFICIENT TO PROVE, IN THE CASE OF A LETTER, THAT SUCH LETTER WAS PROPERLY ADDRESSED, STAMPED AND PLACED IN THE POST AND, IN THE CASE OF AN EMAIL, THAT SUCH EMAIL WAS SENT TO THE SPECIFIED EMAIL ADDRESS OF THE ADDRESSEE.
16.5 THE PROVISIONS OF THIS CLAUSE SHALL NOT APPLY TO THE SERVICE OF ANY PROCEEDINGS OR OTHER DOCUMENTS IN ANY LEGAL ACTION.
17. GENERAL
17.1.2 YOU MAY ONLY ASSIGN OR TRANSFER YOUR RIGHTS OR YOUR OBLIGATIONS UNDER THE CONTRACT TO ANOTHER PERSON IF WE AGREE IN WRITING.
17.2 VARIATION. ANY VARIATION OF THE CONTRACT ONLY HAS EFFECT IF IT IS IN WRITING AND SIGNED BY YOU AND US (OR OUR RESPECTIVE AUTHORISED REPRESENTATIVES).
17.3 WAIVER. IF WE DO NOT INSIST THAT YOU PERFORM ANY OF YOUR OBLIGATIONS UNDER THE CONTRACT, OR IF WE DO NOT EXERCISE OUR RIGHTS OR REMEDIES AGAINST YOU, OR IF WE DELAY IN DOING SO, THAT WILL NOT MEAN THAT WE HAVE WAIVED OUR RIGHTS OR REMEDIES AGAINST YOU OR THAT YOU DO NOT HAVE TO COMPLY WITH THOSE OBLIGATIONS. IF WE DO WAIVE ANY RIGHTS OR REMEDIES, WE WILL ONLY DO SO IN WRITING, AND THAT WILL NOT MEAN THAT WE WILL AUTOMATICALLY WAIVE ANY RIGHT OR REMEDY RELATED TO ANY LATER DEFAULT BY YOU.
17.4 SEVERANCE. EACH PARAGRAPH OF THESE TERMS OPERATES SEPARATELY. IF ANY COURT OR RELEVANT AUTHORITY DECIDES THAT ANY OF THEM IS UNLAWFUL OR UNENFORCEABLE, THE REMAINING PARAGRAPHS WILL REMAIN IN FULL FORCE AND EFFECT.
17.5 THIRD PARTY RIGHTS. THE CONTRACT IS BETWEEN YOU AND US. NO OTHER PERSON HAS ANY RIGHTS TO ENFORCE ANY OF ITS TERMS.