Limitations of Warranty
JE Engineering as an organisation has existed since 1975. The current senior management have been closely involved with the company for nearly 30 years. Over the decades we have treated warranty issues with ‘common sense’ and worked with customers to find the best solutions we can, on the occasions when faults have developed in cars on which we have worked. In recent years there has been a trend towards an increasingly confrontational and uncooperative atmosphere when occasional problems occur with the cars, so it has become necessary to write this document to clarify the limits of warranty applicable to products and installations from JE Engineering Ltd.
Firstly, any modification made to the standard specification of a car is made because a customer wishes to achieve something different from that which they found to be possible with the standard car. Clearly if the performance of the car is changed, there may well be aspects of the performance of the car which alter in negative ways as well as positive ways, in the opinion of the vehicle user.
Secondly, it is also self-evident that JE Engineering is not an organisation which has the resources to thoroughly test conversions in all possible environments and with all the possible ‘driving styles’ of potential users, so any use of the vehicle should be approached with care and due attention to the development of possible problems, so that they can be addressed before serious damage occurs.
Thirdly, although JE Engineering endeavours to ensure the suitability of its products when applied to otherwise standard vehicles, we cannot know whether our products are compatible with other alterations made to the vehicle either before or after the JE Engineering products are fitted. Again, any use of the vehicle should be approached with care and due attention to the development of possible problems, so that they can be addressed before serious damage occurs.
Finally, JE Engineering Ltd. does not have a network of dealers around the world, so if we are to carry out any work under a warranty claim, in principle, this work can only be done in our workshop in Coventry, so whether the customer resides in Baginton, Warwickshire, or Manapouri, New Zealand, the problem and cost of returning the product to our workshop rests entirely with the customer.
Terms
JE Engineering will always attempt to be helpful and reasonable in seeking to resolve problems with vehicles, but if the situation is to be dealt with through legal representation, the following will apply as part of the contractual agreement.
1) Any claim for warranty must include the invoice number of the relevant original work carried out by JE Engineering Ltd., and its date.
2) The warranty claim can only be made by the original customer for the product as invoiced. No second owner or other entity is entitled to make any warranty claim.
3) The warranty is absolutely limited to the repair of defects of our materials or workmanship as solely determined by JE Engineering Ltd. No claims will be accepted for consequential losses of any sort, or associated losses of any sort.
4) For warranty work to be carried out, any vehicle or part must be returned to the Siskin Drive, Coventry, workshop of JE Engineering Ltd. in a condition as close as possible to the condition in which it originally left these premises.
5) Where a claim rests essentially in a matter of opinion on the altered performance of the vehicle, JE Engineering Ltd. will listen to this opinion and attempt to optimise the performance of the vehicle as far as possible, as solely determined by us, allowing for the state of the art within JE Engineering Ltd.
6) The warranty will cease to apply (and can never be re-applied) in any way, as soon as the vehicle is used for any extreme purpose. This includes competition use and testing in a competition environment, towing a trailer where the weight exceeds the rated weight for the standard vehicle, use of the vehicle when the loaded weight of the vehicle exceeds the rated weight for the standard vehicle, any type of arduous off-road use where the techniques of driving differ significantly from normal on-road use, use in any sort of extreme environment, and many other potentially challenging circumstances. If a customer is in doubt, JE Engineering Ltd. can offer advice, but it is up to the customer to decide about vehicle use, and it is solely up to JE Engineering Ltd. to determine whether any particular use is beyond the terms of the warranty.
7) Where a part must be replaced, JE Engineering Ltd. can use a new or a reconditioned part at its sole determination.
8) Where any work is carried out and/or parts are replaced under warranty, the newly implemented work and parts take on the remainder of the initial warranty period and mileage, and do not initiate any new warranty timing or mileage.
Implications of the above include :
-
a) We will not accept any liability for defects in parts supplied by the customer or by third parties, whether we fitted the parts or not.
-
b) Where a defect occurs it is the responsibility of the customer to minimise the effects of the defect and possibly suspend use of the vehicle until the defect can be repaired. If this is not done, and this results in a major failure, the warranty only covers the repair of the first defect. The major failure can be repaired by JE Engineering Ltd., at its discretion, but the cost of the repair will have to be met by the customer. For example, if an engine installation develops a water leak or an oil leak, a claim can be made to repair that leak, but if the vehicle continues in use to the point where a lack of water or oil causes a further failure of the engine, the repair of that failure will not be covered by warranty. Similarly, when using an automatic gearbox from JE Engineering Ltd. it may be that under some unique conditions of vehicle loading or towing, ambient temperature, altitude, gradient, road conditions, traffic, etc., that the operation of the gearbox becomes unreliable, e.g. the gearbox allows clutch slip or rather severe gear engagement. A warranty claim can be made to ask us to attempt to improve our calibration of the gearbox control to improve the performance in such conditions, but it cannot include any consequent failure of the gearbox. Consequently, it is always the responsibility of the driver of the vehicle to carefully assess the operation of the vehicle and if necessary, protect from damage by altering driving style, possibly using manual gear operation, and possibly stopping the journey to allow for cooling or other improvements in conditions, or taking other action, so as to prevent damage to the vehicle.
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c) It is entirely the responsibility of the customer to determine whether the vehicle is suitable for any use to which it is put, considering the specification of the vehicle and any modifications which have been installed by JE Engineering Ltd., the customer, and any other party which has worked on the vehicle. We will attempt to advise, but we are not liable for the eventual performance of the vehicle in whatever unique combination of circumstances the customer instigates. Consequently, it is always the responsibility of the owner and user of the vehicle to carefully assess the operation of the vehicle to understand the effects and combinations of effects of the specifications of the vehicle and the modifications to it. It is advisable to test the vehicle carefully in less arduous conditions and on shorter journeys, initially, to allow the possibility of problems to be shown in more controllable circumstances, rather than trying out the maximum performance of the vehicle in challenging conditions immediately after the work is complete.
-
d) In any situation where a warranty claim is made, even if it is not eventually agreed, the cost of returning the vehicle or any parts to the Coventry premises is entirely the responsibility of the customer. The travelling, moving, or shipping costs are never part of the warranty claim.
-
e) Where it appears to be inconvenient to return the vehicle or parts to our Coventry premises for warranty work, it might be that we can arrange to either send a technician to the vehicle where it is, or to authorise another more convenient workshop to carry out repairs on the vehicle. This is not an obligation on us but might be offered as a helpful solution to a problem. In these circumstances, the travelling and subsistence costs of the visiting technician, and the shipping costs of any parts in either direction, must be met by the customer, and any replaced parts must be returned to us with shipping costs met by the customer. If another workshop is authorised to carry out work on the vehicle, we will only be liable for costs which we have specifically agreed with the workshop, charged at suitable business-to-business rates.
Limitations of Warranty
JE Engineering as an organisation has existed since 1975. The current senior management have been closely involved with the company for nearly 30 years. Over the decades we have treated warranty issues with ‘common sense’ and worked with customers to find the best solutions we can, on the occasions when faults have developed in cars on which we have worked. In recent years there has been a trend towards an increasingly confrontational and uncooperative atmosphere when occasional problems occur with the cars, so it has become necessary to write this document to clarify the limits of warranty applicable to products and installations from JE Engineering Ltd.
Firstly, any modification made to the standard specification of a car is made because a customer wishes to achieve something different from that which they found to be possible with the standard car. Clearly if the performance of the car is changed, there may well be aspects of the performance of the car which alter in negative ways as well as positive ways, in the opinion of the vehicle user.
Secondly, it is also self-evident that JE Engineering is not an organisation which has the resources to thoroughly test conversions in all possible environments and with all the possible ‘driving styles’ of potential users, so any use of the vehicle should be approached with care and due attention to the development of possible problems, so that they can be addressed before serious damage occurs.
Thirdly, although JE Engineering endeavours to ensure the suitability of its products when applied to otherwise standard vehicles, we cannot know whether our products are compatible with other alterations made to the vehicle either before or after the JE Engineering products are fitted. Again, any use of the vehicle should be approached with care and due attention to the development of possible problems, so that they can be addressed before serious damage occurs.
Finally, JE Engineering Ltd. does not have a network of dealers around the world, so if we are to carry out any work under a warranty claim, in principle, this work can only be done in our workshop in Coventry, so whether the customer resides in Baginton, Warwickshire, or Manapouri, New Zealand, the problem and cost of returning the product to our workshop rests entirely with the customer.
Terms
JE Engineering will always attempt to be helpful and reasonable in seeking to resolve problems with vehicles, but if the situation is to be dealt with through legal representation, the following will apply as part of the contractual agreement.
1) Any claim for warranty must include the invoice number of the relevant original work carried out by JE Engineering Ltd., and its date.
2) The warranty claim can only be made by the original customer for the product as invoiced. No second owner or other entity is entitled to make any warranty claim.
3) The warranty is absolutely limited to the repair of defects of our materials or workmanship as solely determined by JE Engineering Ltd. No claims will be accepted for consequential losses of any sort, or associated losses of any sort.
4) For warranty work to be carried out, any vehicle or part must be returned to the Siskin Drive, Coventry, workshop of JE Engineering Ltd. in a condition as close as possible to the condition in which it originally left these premises.
5) Where a claim rests essentially in a matter of opinion on the altered performance of the vehicle, JE Engineering Ltd. will listen to this opinion and attempt to optimise the performance of the vehicle as far as possible, as solely determined by us, allowing for the state of the art within JE Engineering Ltd.
6) The warranty will cease to apply (and can never be re-applied) in any way, as soon as the vehicle is used for any extreme purpose. This includes competition use and testing in a competition environment, towing a trailer where the weight exceeds the rated weight for the standard vehicle, use of the vehicle when the loaded weight of the vehicle exceeds the rated weight for the standard vehicle, any type of arduous off-road use where the techniques of driving differ significantly from normal on-road use, use in any sort of extreme environment, and many other potentially challenging circumstances. If a customer is in doubt, JE Engineering Ltd. can offer advice, but it is up to the customer to decide about vehicle use, and it is solely up to JE Engineering Ltd. to determine whether any particular use is beyond the terms of the warranty.
7) Where a part must be replaced, JE Engineering Ltd. can use a new or a reconditioned part at its sole determination.
8) Where any work is carried out and/or parts are replaced under warranty, the newly implemented work and parts take on the remainder of the initial warranty period and mileage, and do not initiate any new warranty timing or mileage.
Implications of the above include :
-
a) We will not accept any liability for defects in parts supplied by the customer or by third parties, whether we fitted the parts or not.
-
b) Where a defect occurs it is the responsibility of the customer to minimise the effects of the defect and possibly suspend use of the vehicle until the defect can be repaired. If this is not done, and this results in a major failure, the warranty only covers the repair of the first defect. The major failure can be repaired by JE Engineering Ltd., at its discretion, but the cost of the repair will have to be met by the customer. For example, if an engine installation develops a water leak or an oil leak, a claim can be made to repair that leak, but if the vehicle continues in use to the point where a lack of water or oil causes a further failure of the engine, the repair of that failure will not be covered by warranty. Similarly, when using an automatic gearbox from JE Engineering Ltd. it may be that under some unique conditions of vehicle loading or towing, ambient temperature, altitude, gradient, road conditions, traffic, etc., that the operation of the gearbox becomes unreliable, e.g. the gearbox allows clutch slip or rather severe gear engagement. A warranty claim can be made to ask us to attempt to improve our calibration of the gearbox control to improve the performance in such conditions, but it cannot include any consequent failure of the gearbox. Consequently, it is always the responsibility of the driver of the vehicle to carefully assess the operation of the vehicle and if necessary, protect from damage by altering driving style, possibly using manual gear operation, and possibly stopping the journey to allow for cooling or other improvements in conditions, or taking other action, so as to prevent damage to the vehicle.
-
c) It is entirely the responsibility of the customer to determine whether the vehicle is suitable for any use to which it is put, considering the specification of the vehicle and any modifications which have been installed by JE Engineering Ltd., the customer, and any other party which has worked on the vehicle. We will attempt to advise, but we are not liable for the eventual performance of the vehicle in whatever unique combination of circumstances the customer instigates. Consequently, it is always the responsibility of the owner and user of the vehicle to carefully assess the operation of the vehicle to understand the effects and combinations of effects of the specifications of the vehicle and the modifications to it. It is advisable to test the vehicle carefully in less arduous conditions and on shorter journeys, initially, to allow the possibility of problems to be shown in more controllable circumstances, rather than trying out the maximum performance of the vehicle in challenging conditions immediately after the work is complete.
-
d) In any situation where a warranty claim is made, even if it is not eventually agreed, the cost of returning the vehicle or any parts to the Coventry premises is entirely the responsibility of the customer. The travelling, moving, or shipping costs are never part of the warranty claim.
-
e) Where it appears to be inconvenient to return the vehicle or parts to our Coventry premises for warranty work, it might be that we can arrange to either send a technician to the vehicle where it is, or to authorise another more convenient workshop to carry out repairs on the vehicle. This is not an obligation on us but might be offered as a helpful solution to a problem. In these circumstances, the travelling and subsistence costs of the visiting technician, and the shipping costs of any parts in either direction, must be met by the customer, and any replaced parts must be returned to us with shipping costs met by the customer. If another workshop is authorised to carry out work on the vehicle, we will only be liable for costs which we have specifically agreed with the workshop, charged at suitable business-to-business rates.
02476 305 018
Terms and Conditions
DEFINITIONS :
“The Company” shall refer to JE Engineering Limited
“The Customer” refers to the person, firm or company with whom or with which the Company Contracts subject to these conditions
“Contract” refers to the Contract made or to be made between the Company and the Customer subject to these conditions
“Expenses” means out of pocket expenses incurred by the Company in the course of providing the Services which shall include (but not be limited to) accommodation costs and Mileage Charges
“Mileage Charges” means 45 pence per mile traveled by car by the Company, its employees agents or directors for the purpose of performing its obligations under this Contract (such charges shall be subject to increase by the Company from time to time)
“Services” shall mean any products or services to be supplied by the Company to the Customer under Contract
1. CONDITIONS OF SALE APPLY
The Company’s conditions of sale shall apply to and govern any Contract between the Company and the Customer to the exclusion of any condition contained on or in any order form letter, receipt acknowledgement, or other document emanating from the Customer and no variation of these Terms and Conditions shall be effective unless expressly agreed by the Company in writing. These Terms and Conditions shall supersede all previous terms and conditions existing between the Company and the Customer including any terms and conditions which the Customer may purport to apply. This Agreement shall not be cancelled except with the prior agreement of the Company.
2. DESCRIPTION
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(a) The Company reserves the right to make without notice to the Customer any improvement or alteration to the Services which it thinks reasonable or desirable or which it is required to make by law and such improvements or alterations shall not affect the validity of the Contract.
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(b) It shall be the responsibility of the Customer to immediately give the Company information and assistance required to enable it to proceed with the Contract and to ensure that the capacity and performance of the Services are sufficient and suitable for the purpose or purposes intended.
3. PRICE & PAYMENT
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(a) Any quotation provided by the Company, whether written or oral, shall be deemed to incorporate these Terms and Conditions of Sale.
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(b) Any quotation provided by the Company is valid for a period of 30 days from the date of the quotation unless the Company provides written notice to the Customer that the quotation is withdrawn.
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(c) Quotations are based upon the costs of materials, labour, sub-contracts, transport, taxes, duties and currency exchange rates ruling at the date of the quotation. Quotations may be subject to revision and the Company reserves the right to revise such quotation either to take account of any variation in such costs or the imposition of any new taxes or duties occurring or to revise the quotation due to the additional work or modifications required by the Customer or due to unforeseen circumstances or where we have not had an opportunity to carry out a visual inspection. The Customer will be notified in writing of any such revision.
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(d) A deposit may be payable in accordance with the Quotation. The price payable will be exclusive of VAT (which the Customer will pay in addition to the price payable and the Expenses at the then prevailing rate).
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(e) Payment of all sums due to the Company shall be made in full in cleared funds before the vehicle will be released to the Customer. Where the Quotation expressly provides for credit terms then payment shall be made within 30 days of the date of the invoice. For the purposes of the next Clause the due date (“the Due Date”) shall be the date upon which the Customer is told the vehicle is ready or where credit terms have been expressly agreed 30 days after the date of the invoice (accordingly).
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(f) In default of payment being made by the Due Date the Company may :
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(i) suspend all work under all or any Contracts with the Customer.
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(ii) appropriate any payment made by the Customer in respect of any Services in settlement of such invoices or accounts in respect of such Services as the Company may in its absolute discretion think fit.
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(iii) exercise our statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998.
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(iv) charge storage at the rate of £20.00 per day or part of a day in respect of a vehicle not collected.
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(g) The Company retains title to all parts supplied until paid for in full by way of cleared funds.
The Customer will provide access to the Customer property and all reasonable assistance in identifying parts to the Company in the event of this clause being exercised. -
(h) Where the Company agrees to provide Services to the Customer on the basis of an account and credit arrangement the Company may :
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(i) In its absolute discretion set and re-alter the Customer’s credit limit.
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(ii) Suspend supply of the Services to the Customer should the price payable for such Services cause the amount owed by the Customer to the Company to exceed the Customer’s credit limit.
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(iii) Require the Customer to discharge payment in full within 30 days of the date of the invoice rendered by the Company to the Customer should the price payable that will become due upon supply of the Services together with all other indebtedness of the Customer to the Company not exceed the Customer’s credit limit.
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(i) Not withstanding that the Company may agree in writing a credit arrangement with the Customer the price payable shall become due and payable to the Company immediately upon termination of the Contract between the Company and the Customer.
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(j) In addition to the price payable the Customer shall pay to the Company the Expenses in accordance with this Clause 3 subject to receipt of an invoice by the Customer all those expenses.
4. ACCEPTANCE
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(a) The Company shall notify the Customer in the acknowledgement of order of the date upon which the Services will be provided.
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(b) Any date given by the Company pursuant to sub-paragraph (a) above, to the Customer shall be an estimate only. Time shall not be of the essence and the Company shall not be responsible for delay through any cause which is beyond the reasonable control of the Company.
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(c) If the Customer refuses to accept the Services at the time required by the Contract the Company shall be entitled without prejudice to any other rights it may have to either treat the Contract as at an end or to invoice the Services whereupon payment in full shall become due forthwith.
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(d) The Company may provide the Services on an installment basis if it is so specified in the quotation provided to the Customer.
5. LIMITATION OF LIABILITY
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(a) If the Company discovers before performance of its contractual obligations commences or whilst it is progressing problems which could not reasonably have been foreseen or discovered beforehand and which affect materially the Company’s ability to perform its contractual obligations in accordance with the Company’s standards at the prices quoted it shall have the right to vary the price payable. If on notification of such variation the Customer accepts the variation in writing he shall be bound to pay them in substitution for the prices originally shown on the Order and shall otherwise remain fully bound by the terms of the Contract. If the Customer does not accept the revised prices the Company may cancel the Contract forthwith whereupon the Company shall be entitled to make a charge on a quantum merit basis for work done and expenses incurred. Save as aforesaid neither party shall be under any further liability to the other to make compensation or other payments so that the Customer shall be entitled to the return without interest of any deposit made by him.
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(b) Except where the Company’s liability is for death or personal injury as a result of negligence in no event shall the Company be liable for the following loss or damage howsoever caused and even if foreseeable or in the contemplation of the parties :
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(i) Economic loss (which shall include loss of profits business revenue goodwill and collateral damage);
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(ii) Administrative and overhead costs;
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(iii) Damages in respect of special indirect or consequential loss or damage;
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(iv) Any claim made against the Company by any other party;
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(v) Damage caused to windows and/or tyres;
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(vi) Damage not directly attributable to our negligence;
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(vii) The claim arises after 12 months or 12,000 miles from the date of invoice or where the customer fails to maintain the vehicle in accordance with the Company’s or manufacturer’s instructions.
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(c) To the extent permissible by Law, all warranties conditions or terms other than those expressly set out in this Contract are excluded including but not limited to all implied and statutory conditions.
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(d) The Company shall not be bound by any warranty or representation given by or made on its behalf unless specifically stated in writing and expressly signed stating it is to be incorporated in the Contract.
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(e) The Company shall be under no liability if the Services are not paid for by the Due Date.
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(f) Save where the Company is liable for death or personal injury, the Company’s entire liability shall in any event be limited to the value of the Contract.
More information relating to warranty can be found on our, Limitations of Warranty page, found in the ‘About’ drop-down menu.
6. SELLER’S RIGHT OF RESCISSION
Any Contract the Company has with the Customer shall be operational upon an order by order basis. Nothing in these terms and conditions shall imply any continuous relationship between the Company and the Customer. The Company shall have the option (without prejudice to any of its other rights against the Customer) by notice in writing to the Customer to rescind any Contract between the Company and the Customer or to suspend delivery in the following events :
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(a) Should any sum owing by the Customer to the Company be overdue whether under the same or any other Contract, or
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(b) Should the Customer be in breach of any term of the same or any other Contract with the Company, or
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(c) Should the Customer enter into any composition or arrangement with or for the benefit of its creditors, or have a receiving order in bankruptcy made against him or (if a corporate body) should go into liquidation either voluntary or compulsory or under supervision or have a receiver or manager appointed over all or any of its assets or if the Customer threatens to cease trading.
7. FORBEARANCE BY SELLER
No forbearance or indulgence by the Company shown or granted to a Customer whether in respect of these terms and conditions or otherwise, shall in any way affect or prejudice the rights of the Company against the Customer or be taken as a waiver of any of these standard conditions.
8. FORCE MAJEURE
The Company shall not be liable for failing to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any act of god, war, strike, lock-out, riot, civil commotion, industrial action, fire, flood, drought, tempest or other event or circumstance beyond the reasonable control of the Company.
9. ASSIGNMENT
The Company shall be entitled to assign sub-contract or sub-let this Contract or any part thereof. The Customer shall not be entitled to assign this Contract.
10. PROMOTIONAL MATERIAL
No drawings, descriptive matter, weight, dimensions or shipping specifications issued by the Company or the manufacturer of the Services, nor the descriptions and illustrations contained in the Company’s or manufacturers catalogues, price lists or other professional material will form part of the Contract nor be regarded as a warranty or representation relating to the Services.
11. SEVERANCE
The Company and the Customer agree that if any term of this Contract shall be adjudged by a Court of competent jurisdiction to be void or unenforceable but would be valid and enforceable if some part 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.
12. HEADINGS
The numbers and headings in these conditions are for ease of reference only and do not form part of them for the purpose of construction.
13. 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. In respect of a consumer none of the terms and conditions affect your statutory rights.
14. THIRD PARTY& CONSUMER RIGHTS
The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from this Contract. These Terms and Conditions do not affect your statutory rights.