Terms and Conditions - Premier voile

THE CUSTOMER’S ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF CLAUSE 13 (EXCLUSIONS AND LIMITATIONS OF SUPPLIER’S LIABILITY)

Definitions and Interpretation
Unless the context otherwise requires, the definitions and rules of interpretation set out in this clause 1 shall apply in these Conditions.
1. Definitions:
  1. Brochure: the Supplier’s current brochure (whether in hard or electronic format) made available to the Customer, which includes the Supplier’s then in force price list.
  2. Conditions: the terms and conditions set out in this document.
  3. Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
  4. Customer: the person (being a natural person, corporate or unincorporated body (whether or not having separate legal personality)) who purchases the Goods from the Supplier.
  5. Force Majeure Event: an event or circumstance beyond a party’s reasonable control, including, in the case of the Supplier, any delays in the production or delivery of the Goods from its own manufacturers and suppliers.
  6. Goods: the goods (or any part or amount of them) set out in the Order.
  7. Order: the Customer’s order for the Goods via email or over the telephone.
  8. Specification: the current up to date specification applicable to the Goods as set out on the Website.
  9. Supplier: Premier Voile Company Limited (registered in England and Wales with company number 03066031).
  10. Test Certificate: the test certificate applicable to the Goods referred to in the Specification, a copy of which will be made available by the Supplier to the Customer promptly on request.
  11. Warranty Period: the warranty period(s) set out in clause 3.1.1 and/or 3.1.2 and/or clause 3.1.3 (as applicable).
  12. Website: the Supplier’s website at http://www.premiervoile.com.
2. Interpretation:
  1. words in the singular shall include the plural and in the plural shall include the singular.
  2. a reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
  3. any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
  4. a reference to writing or written includes emails but excludes all other forms of electronic communication.
Order and Basis of contract
1. The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order, including, in particular, the type and quantity of the Goods, are complete and accurate.
2. The Order shall only be deemed to be accepted and the Contract shall come into existence at the earlier of, the point in time in which:
  1. the Customer pays the Supplier an agreed non-refundable pre-production deposit for the Goods pursuant to clause 9.4; or
  2. the Supplier issues its tax invoice for the Goods pursuant to clause 9.5 or clause 9.6.
3. A quotation (including any pro forma invoice) for the Goods issued by the Supplier shall not constitute an offer. A quotation (including any pro forma invoice) shall only be valid for a period of 30 days from its date of issue.
4. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Customer that is inconsistent with these Conditions.
Goods and Warranty
1. Subject to clause 3.3, the Supplier warrants that:
  1. on delivery, the Goods shall be free from any obvious and noticeable stains, rips, tears, blemishes and scuffs;
  2. for a period of one year from the date of delivery, the Goods shall:
    1. correspond in all material respects with their description in the Specification;
    2. be of satisfactory quality; and
    3. fit for their intended purpose; and
  3. for a period of five years from the date of delivery, the Goods shall comply with the applicable standards set out in the Test Certificate.
2. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
3. The Supplier shall not be liable for the Goods’ failure to comply with the warranty set out in clause 3.1 in any of the following events:
  1. the Customer makes any further use of such Goods after giving a notice of rejection in accordance with clause 4.1;
  2. the defect arises because the Customer failed to follow:
    1. the Supplier’s or manufacturer’s oral or written instructions as to the handling, storage, installation, use and/or care of such Goods; or
    2. (if no such oral or written instructions are provided) good trade or industry practice or applicable standards or protocols concerning the same; and
    3. in any case, the requirements or constraints of the Test Certificate;
  3. notwithstanding clause 3.3.2, the Customer launders or washes such Goods otherwise than in accordance with the applicable standards set out in the Test Certificate or, if there are none, the washing instructions set out in any applicable tech sheet;
  4. the Customer attempts to alter such Goods without the prior written consent of the Supplier;
  5. the defect arises as a result of fair wear and tear, wilful damage, negligence, lack of reasonable care or abnormal storage or operating conditions;
  6. the Goods differ from the applicable Specification as a result of changes made by the Supplier to ensure that they comply with applicable statutory or regulatory requirements;
  7. the Goods differ from their images on the Website. Although reasonable efforts have been made to display the colours and patterns of the Goods on the Website accurately, the Supplier cannot guarantee that the Customer’s display of the colours or patterns accurately reflect the colour or patterns of the Goods. The Customer acknowledges and agrees that it had the opportunity to purchase samples of the Goods from the Supplier before placing the Order and should therefore not rely on the images of the Goods on the Website; or
  8. the colours of the Goods vary slightly from batch to batch. The Customer acknowledges and agrees that:
    1. due to the dying process involved in the production of the Goods, the Supplier cannot warrant that each and every batch of any Goods delivered to it by its own manufacturers and suppliers will be exactly the same; and
    2. in order to increase the likelihood of the Customer receiving Goods which are exactly the same in colour, it should place one Order for the Goods it requires, and not across multiple Orders (which may result in Goods being received from different batches).
Acceptance and Rejection of Goods
1. The Customer may during the Warranty Period reject any Goods delivered to it that do not comply with the warranty set out in clause 3.1, provided that:
  1. written notice of the Customer’s rejection is given to the Supplier:
    1. in the case of a defect that is apparent on normal visual inspection, within 14 days of the date of delivery; or
    2. in the case of any other defect, within 14 days of the latent defect having become apparent;
  2. the Supplier is given a reasonable opportunity of examining such Goods to verify the relevant defect and its cause; and
  3. the Supplier is able to verify that none of the events listed in clause 3.3 apply.
2. If the Customer fails to give a notice of rejection in accordance with clause 4.1, it shall be deemed to have accepted the Goods.
Remedies for defective goods
1. If the Customer properly rejects the Goods under clause 4.1, then the Supplier shall, at its option:
  1. replace the defective Goods with identical Goods;
  2. if identical Goods are unavailable, replace the defective Goods with substantially similar Goods; or
  3. refund the price of the defective Goods in full.
2. In carrying out any of the remedies under clause 5.1:
  1. the Customer must first return all of the Goods to the Supplier (at the Supplier’s reasonable cost) before any replacement or refund is given; and
  2. the Supplier shall be responsible for any delivery costs incurred in relation to the replacement of the Goods under clause 5.1.
3. Provided that it carries out one of the remedies set out in clause 5.1, the Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 3.1.
4. These Conditions shall apply to any replacement Goods supplied by the Supplier pursuant to this clause 5.
Optional return of goods
1. The Customer shall notify the Supplier in writing in the event that the Customer wishes to return any Goods which are in conformity with these Conditions.
2. The Supplier shall, within a reasonable period of time of receiving a return notice pursuant to clause 6.1, notify the Customer:
  1. whether or not it accepts the Customer’s return; and
  2. if so, the price to be refunded to the Customer, being the price of the Goods only less 25% (such deduction being on account of the management time, restocking fees and other expenses incurred by the Supplier accepting such return).
  3. If the Supplier and Customer agree to the return of the Goods in accordance with clause 6.2:
    1. the Customer shall return (at its own cost and risk) the Goods to the Supplier in the same condition as they were when they were originally delivered to the Customer; and
    2. subject to the returned Goods being in good condition, the Supplier shall refund the Customer the agreed percentage of the price of the Goods only.
Delivery and inspection
1. The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree. Any dates quoted by the Supplier for delivery are approximate only, and the time of delivery of the Goods is not of the essence of the Contract. 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.
2. The Supplier shall ensure that:
  1. the Goods are properly packed and secured in a manner to enable them to reach their delivery destination in good condition; and
  2. each delivery of the Goods is accompanied by a delivery note that shows all relevant Customer and Supplier reference numbers, the type and quantity of the Goods, storage and installation instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered.
3. Delivery is completed on the completion of unloading of the Goods at the agreed delivery location.
4. The Customer shall:
  1. within 14 days of the date of delivery of the Goods, carry out an inspection of the Goods to check for any obvious or noticeable defects which are apparent; and
  2. before installation of the Goods, fully inspect and carry out relevant and appropriate tests on a small sample or specimen of the Goods to ensure that they comply with the applicable standards set out in the Specifications and Test Certificate. The Customer shall notify the Supplier of any concerns it has in relation to the Goods immediately and, in such circumstances, the Customer may seek to reject the Goods in accordance with the provisions of clause 4.
5. If the Supplier fails to deliver the Goods, or notifies the Customer that it will not be able to deliver the Goods, its liability shall be limited to offering a refund of the price of the Goods only. 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 or any other instructions that are relevant to the supply of the Goods.
6. If the Customer fails to accept delivery of the Goods, then, except where such failure or delay is caused by a Force Majeure Event or the Supplier’s failure to comply with its obligations under the Contract:
  1. delivery of the Goods shall be deemed to have been completed at 9.00 am on the day after the day on which the Supplier’s carrier first attempted to deliver the Goods; and
  2. the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including storage, insurance and redelivery charges).
7. If 14 days after the day on which the Supplier’s carrier first attempt to deliver the Goods, the Customer has not accepted delivery of them, the Supplier may recall or resell or otherwise dispose of part or all of the Goods. Nothing in this clause shall affect the Customer’s obligation to pay the price of the Goods in accordance with clause 9.
8. If the Supplier delivers up to and including 10% more or less than the quantity of Goods ordered the Customer may not reject them, but on receipt of notice from the Customer that the wrong quantity of Goods was delivered, a pro rata adjustment shall be made to the tax invoice applicable to the Order.
9. The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
Title and risk
1. The risk in the Goods shall pass to the Customer on completion of delivery.
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 in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums.
3. Until title to the Goods has passed to the Customer, the Customer shall:
  1. store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier’s property;
  2. not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
  3. maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
  4. notify the Supplier immediately if it becomes subject to any of the events listed in clause 12.1; and
  5. give the Supplier such information relating to the Goods as the Supplier may require from time to time.
4. If, before title to the Goods passes to the Customer, the Customer becomes subject to any of the events listed in clause 12.1, then, without limiting any other right or remedy the Supplier may have:
  1. the Supplier may at any time:
    1. require the Customer to deliver up all Goods in its possession that have not been used or irrevocably incorporated into another product; and
    2. 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.
Price and payment
1. The price of the Goods shall be the price set out in the Brochure, if a different price is agreed between the parties, the price set out in the Supplier’s tax invoice.
2. The Supplier may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
  1. any factor beyond the Supplier’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
  2. any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
  3. any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.
3. The price of the Goods:
  1. excludes amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to the Supplier at the prevailing rate, subject to the receipt of a valid VAT invoice; and
  2. excludes the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to the Customer.
4. The Supplier may require the Customer to pay a non-refundable pre-production deposit for the Goods before it accepts the Customer’s Order. Such deposit shall be notified to the Customer by the Supplier before the Order is accepted and shall not be refundable in any circumstances save for where the price of the Goods is refunded by the Supplier pursuant to clause 5.1.3.
5. If a Customer has a pre-arranged credit account with the Supplier, the Supplier shall issue the Customer with a tax invoice for the price of the Goods at any time after it receives and agrees to the Customer’s Order. The Supplier may raise separate tax invoices for the Customer for any agreed instalments of the Goods at any time before the Supplier dispatches any instalment of the Goods. The Customer shall pay each tax invoice issued by the Supplier within 30 days of the relevant tax invoice’s date.
6. If the Customer does not have a pre-arranged credit account with the Supplier, the Supplier shall issue the Customer with a pro forma invoice for the price of the Goods at any time after it receives the Customer’s Order. The Supplier may raise separate pro forma invoices for the Customer for any agreed instalments of the Goods at any time before the Supplier dispatches any instalment of the Goods. The Supplier shall not accept any Order from the Customer (or dispatch any Goods) until each pro forma invoice has been paid. Any pro forma invoices issued by the Customer must be paid by the Customer within 30 days of their date, otherwise they will lapse and become invalid. The Supplier shall, at its option, within a reasonable period of time of it having received the Customer’s full and cleared payment of the pro forma invoice:
  1. issue to the Customer a tax invoice, credited as paid; or
  2. notify the Customer that it does not accept the Customer’s Order and, thereafter, refund the Customer’s payment.
7. Any payments to be made by the Customer under the Contract shall be in Sterling and in full and in cleared funds to such bank account as may be nominated in writing by the Supplier. Time for payment of the Supplier’s invoices is of the essence.
8. If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above HSBC Bank UK plc’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
9. The Customer hereby agrees to indemnify and keep indemnified the Supplier in full against all costs, expenses, charges and other amounts incurred or paid by the Supplier (including debt recovery fees and VAT thereon) as a result of the Customer’s failure to make any payment under the Contract when due.
10. The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Supplier may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
International deliveries
1. This clause 10 only applies to Orders where the agreed delivery location of the Goods is outside of the United Kingdom of Great Britain and Northern Ireland. If there is an inconsistency between any of the provisions of this clause 10 and the other provisions of these Conditions in relation to such Orders, the provisions of this clause 10 shall prevail.
2. In relation to any Order for the delivery of Goods outside the United Kingdom of Great Britain and Northern Ireland:
  1. the Customer shall be required to pay the Supplier’s pro forma invoice in full before the Goods are dispatched by the Supplier for delivery or the Supplier may, at its option, agree a credit account with the Customer, and in such circumstances clause 9.5 shall apply;
  2. the Customer agrees to be liable for, and shall indemnify and keep indemnified the Supplier against, all taxes, charges, levies, fees, duties, payments, excises, tolls, tariffs, deductions, rates, withholdings and other similar costs or charges incurred or due which arise out of or in connection with the delivery of the Goods to the agreed delivery location; and
  3. the Customer agrees and undertakes to ensure and be responsible for the Goods compliance with any applicable local requirements or standards (including fire retardant standards) in so far as they differ from the requirement and standards applicable in the United Kingdom of Great Britain and Northern Ireland. The Customer acknowledges and agrees that any applicable standards set out in the Test Certificate relate solely to the standards then in force in the United Kingdom of Great Britain and Northern Ireland and not necessarily to its own local jurisdiction.
Intellectual property rights
1. Nothing in these Conditions is intended to or shall have the effect of transferring to or vesting in the Customer any intellectual property rights owned by the Supplier or any of its own licensors.
2. The Customer hereby agrees to indemnify and keep indemnified the Supplier in full against all costs, expenses, damages and losses, including any interest, fines, legal and other professional fees and expenses suffered, incurred or paid by the Supplier as a result of the Customer’s actual or alleged infringement of the Supplier’s or its own licensors’ intellectual property rights
Termination
1. Without limiting its other rights or remedies, the Supplier may terminate this Contract with immediate effect by giving written notice to the Customer if:
  1. the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 10 days of being notified in writing to do so;
  2. the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
  3. the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or
  4. the Customer’s financial position deteriorates to such an extent that in the Supplier’s opinion the Customer’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
2. Without limiting its other rights or remedies, the Supplier may suspend the supply of the Goods under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 12.1.1 to clause 12.1.4, or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.
3. Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.
4. On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest.
5. Termination of the Contract shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Contract that existed at or before the date of termination.
6. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect
Exclusions and Limitations of supplier’s liability
1. Nothing in these Conditions shall limit or exclude the Supplier’s liability for:
  1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
  2. fraud or fraudulent misrepresentation;
  3. breach of the terms implied by section 12 of the Sale of Goods Act 1979;
  4. defective products under the Consumer Protection Act 1987; or
  5. any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
2. Subject to clause 13.1:
  1. the Supplier shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill, indirect or consequential loss or other indirect or consequential loss arising under or in connection with the Contract; and
  2. the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed and shall be limited to £1,000,000.
Force majeure
Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from a Force Majeure Event. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 90 days, the party not affected may terminate this Contract by giving written notice to the affected party.
Customer Indemnity
The Customer shall indemnify and keep indemnified the Supplier in full against all costs, expenses, damages and losses, including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by the Supplier arising out of, as a result of or in connection with the Customer’s breach of the terms of the Contract.
General
1. Assignment and other dealings.
  1. The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.1
  2. The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.
2. Confidentiality.
  1. Each party undertakes that it shall not at any time disclose to any person (including any natural person, corporate or unincorporated body (whether or not having separate legal personality)) any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 16.2.2.
  2. Each party may disclose the other party’s confidential information:
    1. to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause 16.2; and
    2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
  3. No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.
3. Data Protection. The Supplier shall only collect and process personal data relating to the Customer and its officers, employees or other individual representatives in accordance with the Supplier’s customer privacy notice which is available on the Website.
4. Entire agreement.
  1. This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
  2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
5. Variation. No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
6. Waiver. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
7. Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
8. Notices.
  1. Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, or email.
  2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 16.8.1; 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; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by email, one working day after transmission.
  3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
9. Third party rights. No one other than a party to this Contract shall have any right to enforce any of its terms.
10. Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
11. 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 this Contract or its subject matter or formation.

These Conditions were last updated on 08 February 2024 and are the copyright of Premier Voile Company Limited.