9.
Consequential Loss
Without prejudice to the generality of the
foregoing provisions We shall not in any
event be liable to You in contract or tort
or otherwise for ay indirect or consequential
loss or damage whenever or howsoever arising.
10.
Forbearance by Us
No forbearance or indulgence by Us shown
or granted to You whether in respect of
these terms and conditions or otherwise,
shall in any way affect or prejudice Our
rights against You or be taken as a waiver
of any of these standard conditions.
11.
Force Majeure
We shall not be liable for any loss or damage
caused by any delay in the performance or
non-performance of Our obligations if the
failure is caused wholly or partly by any
circumstances outside Our control, including
but not limited to Acts of God, legislation,
war, civil commotion, strike, trade dispute,
difficulties in obtaining workmen or materials,
fire, flood, drought or failure of power
supply. Should any such event occur, We
may cancel or suspend the Contract in whole
or in part.
12. Severance
You agree with Us that if any term of the
Contract shall be adjudged by a Court of
competent jurisdiction to be void or unenforceable
but would be valid and enforceable if some
parts or parts thereof were deemed deleted
or if it were deemed varied or modified
in some way then such provision shall apply
with such modification or variation as shall
be necessary to make it valid and effective.
13. Assignment
You shall not be entitled to assign the
Contract.
14.
Promotional Material
No drawings or descriptive matter issued
by Us, nor the descriptions and illustrations
contained in Our catalogues, price lists
or other professional material will form
part of the Contract nor be regarded as
a warranty or representation relating to
Our services.
15. Law
These terms and conditions are governed
by and are to be construed in accordance
with English law and are subject to the
exclusive jurisdiction of the English Courts.
16.
Third Party Rights and Miscellaneous
16.1 The Contract (Rights of Third Parties)
Act 1999 is expressly excluded from the
Contract.
16.2 Headings contained within this Agreement
are for convenience only and do not form
part of the Agreement itself.
16.3 Any written Notice sent to Us must
be by Recorded Delivery.
16.4 Error and omissions excepted.
16.5 Nothing in this Agreement affects your
statutory consumer rights.
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