Equipment Hire Terms and Conditions
TERMS & CONDITIONS FOR THE HIRE OF ITEMS (HIRE CONDITIONS)
SECTION A – HIRE POLICY
1. HIRE REQUESTS
1.1 The acceptance by Event Technical Systems of a hire request is made on the condition that the Customer agrees to be bound by these Hire Conditions.
1.2 The submission of an enquiry form or a request for a quote by the Customer (whether in hard copy or (an Enquiry Form) is only an offer to hire the Items, by way of licence. No request or enquiry shall be deemed confirmed, and the agreement shall not come into effect as a Contract, until:
1.2.1 Event Technical Systems confirms acceptance of the booking in writing to the Customer;
1.2.2 Event Technical Systems has received a signed copy of the Quotation (which is subject to these Hire Conditions) from the Customer; and the Deposit (if applicable) in cleared funds, to such account as Event Technical Systems shall nominate for receipt.
1.3 Event Technical Systems may at its absolute discretion “provisionally” accept hire requests. However, these will be held for a maximum of 2 (two) weeks from the issue by Event Technical Systems of the Quotation Form and subject always to proximity to the proposed Hire Period. Until the provisional booking is confirmed as an accepted booking by Event Technical Systems in accordance with condition 1.2 of Section A of these Hire Conditions and the Deposit paid in full, Event Technical Systems may in its absolute discretion release that request from a provisional booking and in no circumstances shall a provisional booking constitute a booking or the parties entering into a Contract.
1.4 The Charges (less any Deposit already received in cleared funds by Event Technical Systems) must be paid in full in cleared funds at least 14 days prior the start of the Hire Period. If a booking is made less than 28 days prior the start of the Hire Period, the entire Charge will be due immediately upon the signing of the Contract.
1.5 Event Technical Systems may set a credit limit for the Customer, such limit and repayment terms shall be at Event Technical Systems’s sole discretion. Event Technical Systems reserves the right to reduce or revoke the credit limit with immediate effect and any outstanding Charges must be repaid in full in cleared funds within 14 days of the date of reduction or revocation.
1.6 The Hire Period includes the time it may take to install, de-install or collect and deliver the Items. If the Customer requires additional time outside of the Hire Period for any reason or if the installation de-installation or collection takes additional time due to the acts or inactions of the Customer or any person on the Site, Event Technical Systems may charge an additional charge for this extra time.
2. HIRE ITEMS
2.1 This is a hire agreement. The Items will remain Event Technical Systems’ property at all times and can never become the Customers. The Customer must not sell or dispose of any of the Items.
2.2 The Customer must keep the Items safely and ensure that they are kept secure at the Site and may not move the Items elsewhere without first obtaining Event Technical Systems’ written or verbal consent.
2.3 The Customer must:
2.3.1 ensure that all Items are kept and operated in a suitable
environment;
2.3.2 take such steps (including compliance with all safety and usage instructions provided by Event Technical Systems) as may be necessary to ensure, so far as is reasonably practicable, that the Items are at all times safe and without risk to health when it is being used, cleaned or maintained by any person;
2.3.3 not make any alteration to the Items and not remove any existing component(s) from any Item without Event Technical Systems’s prior written consent;
2.3.4 ensure that no person other than the Customer or any other person on the Site uses or operates the Items at any time unless expressly authorised to do so by Event Technical Systems;
2.3.5 not use the Items for any unlawful purpose;
2.3.6 permit Event Technical Systems at all reasonable times
and upon reasonable notice to inspect the Items
including procuring access to the Site;
2.3.7 not stick, nail, screw or fix in any way anything to the Items;
2.3.8 ensure that all Items are returned in a clean and working condition;
2.3.9 notify Event Technical Systems immediately if an Item on delivery requires maintenance or adjustment. Event Technical Systems or On-Site Support (if provided) will then seek to remedy this. If the Customer does not notify Event Technical Systems on delivery the Customer agrees that the Items are in full working order; and
2.3.10 notify ETS immediately after any breakdown, loss and/or damage to the Items and not use the Items following the breakdown, loss and/or damage.
2.4 If at any time Event Technical Systems decides that it is no longer practicable to keep any Item in working order Event Technical Systems may either:-
2.4.1 replace any Item with other goods as similar as possible to those replaced; or
2.4.2 terminate this Contract by giving you notice (effective immediately).
2.5 If Event Technical Systems terminates this Contract under condition 2.4.2 of Section A the Customer must let Event Technical Systems collect the Items from the Site as soon as practicable.
3. HIRE PERIOD
3.1 The term of the Contract shall commence at the time specified in the Hire Period and shall unless, terminated in accordance with these Hire Conditions or if a delay is caused, will terminate immediately following the expiry of the Hire Period.
3.2 If the Customer is a consumer the maximum Hire Period is three months.
4. SERVICES
4.1 The Charges shall detail the costs for the provision by Event Technical Systems of any services and On-Site
Support which are required for the purposes of this agreement and as specified in the Quotation Form (the Services).
4.2 For the duration of the Hire Period the risk of the Items will be that of the Customer and the Customer shall operate the Items and adhere to the instructions of the On-Site Support.
4.3 Notwithstanding the provision of condition 4.2 of Section A, for the duration of the period which On-Site Support is provided the Customer shall remain responsible for the security and use of the Items and all liability remains with the Customer (subject to these Hire Conditions).
4.4 The Customer shall be solely responsible for the acts of any person on the Site (whether authorised by the Customer or not) for any damage which occurs as a result of such actions.
4.5 Unless agreed otherwise, Event Technical Systems shall be responsible for delivering the Items to the Site for the start of the Hire Period and for collecting the Items from the Site at the end of the Hire Period. The Customer shall remain responsible and liable for the Items (including any loss, damage or theft) until the Items have been collected by or returned to the possession of Event Technical Systems.
4.6 The Customer will allow and/or procure sufficient access to and from the Site and procure sufficient unloading space, facilities, equipment and access to utilities for the purpose of delivery, installation, de-installation, collection and/or On-Site Support throughout this Contract.
4.7 The Site needs to be appropriate for the delivery by heavy goods vehicles and the loading and unloading tasks required for the purposes of this Contract. Any damage, delays or issues which arise due to the condition of the Site is at the Customer’s risk and Event Technical Systems may recover additional charges to cover any extra costs or losses incurred by Event Technical Systems as a result of this.
5. CANCELLATIONS AND TERMINATIONS
5.1 If the Customer wishes to cancel the Contract before the start of the Hire Period the Customer must notify Event Technical Systems of a cancellation in writing (the effective date of notice being the date received by Event Technical Systems, or the next following Business Day if applicable) either by email to Jackswainston@me.com in either case quoting the Order Reference in the subject heading (the Notice).
5.2 In the event that the Customer cancels the Contract, including for the avoidance of doubt where delay or failure results from events, circumstances or causes which are beyond the Customer’s reasonable control, Event Technical Systems shall be entitled to charge the Customer cancellation charges by reference to how long before the Hire Period, Event Technical Systems received written notice of cancellation, as set out below in this condition 5 of Section A (the Cancellation Charges):-
When Notice of Cancellation is received: Percentage of Charges chargeable
• 57 days or more prior to the Hire Period: 25% of the Charges.
• Between 22 days and 56 days before the Hire Period: 50% of the Charges.
• Between 15 days and 21 days before the Hire Period: 75% of the Charges.
• 14 days or fewer prior to the Hire Period: 100% of the Charges.
Event Technical Systems reserves the right to cancel an agreed hire for any reason including, but not limited to, the following reasons:
the Customer fails to pay any amount payable under this Contract by its due date, exceeds its credit limit or commits any breach of its obligations under this Contract;
the Customer has an interim or bankruptcy order made against them with a creditor’s demand under the Insolvency Act 1986, or make a formal composition or scheme with the Customer’s creditors, or call a meeting of them;
execution is levied or attempted against any of the Customer’s assets or income;
if the provision of the Items are prevented by circumstances beyond the control of Event Technical Systems;
the owner of the Site threatens or takes any step to distrain on the Items;
the Customer has given false information in connection with the Customer’s entry into the Contract;
the Items are destroyed or damaged and as a result are unable to be used.
Event Technical Systems reserves the right to terminate the Contract for any reason including, but not limited to, the following reasons:
in the interest of health and safety concerns; or
if the Items are not being kept securely at the Site or are at risk of damage.
Subject to condition 2 and condition 3 of Section B, Event Technical Systems will not be liable for any losses incurred by the Customer due to the cancellation or termination of the hire of the Items in accordance with condition 5.3 of Section A and/or condition 5.4 of Section A. In the event of a cancellation in accordance with condition 5.3.4 of Section A only, Event Technical Systems will refund: all monies paid by the Customer on account, if the Contract is ended prior to the commencement of the Hire Period (less reasonable administrative charge by Event Technical Systems and any costs properly incurred by Event Technical Systems in relation to the hire of the Items); or monies representing payment on a pro-rata apportionment basis, for any period for which the Customer did not have use of the Items as a result of Event Technical Systems’s termination, if the Contract is cancelled during the Hire Period, such refund shall be made by the method the Customer used for payment, within 14 days from the day on which Event Technical Systems provides notice of such cancellation to the Customer.
Where the Customer is a business customer and has a value of a Contract is in excess of £5,000 (excluding VAT) a 25% non-refundable deposit to reserve the services for the Hire Period.
ITEM DAMAGE
The Customer shall at all times:-
be responsible for the actions or inactions of any of their staff, volunteers, contractors, or any person on the Site and shall indemnify Event Technical Systems in respect of all and any damage to or theft of the Items (or any part) that occurs during the Hire Period and all times
outside of the Hire Period where the Items remain under the Customer’s control or responsibility (Item Damage); and;
6.1.2 indemnify Event Technical Systems against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Event Technical Systems arising out of or in connection with any damage to the Items. This condition 6 of Section A shall survive termination of the Contract.
6.2 In the event of loss or damage affecting the functionality of the Items during the Hire Period, except for as a result of fair wear and tear, the Customer shall indemnify Event Technical Systems against all losses, costs and expenses incurred by Event Technical Systems in relation to the hire of alternative equipment, the repair of any Items or items for the period between the date of such loss/damage and/or the acquisition of replacement equipment and the proceeds of any insurance shall be paid to Event Technical Systems on demand.
6.3 The Customer or any of their staff, volunteers, contractors, or any person on the Site must not repair or attempt to repair the Items without the written consent of Event Technical Systems.
6.4 If a generator is running 24/7 the Customer will be responsible for the costs for routine maintenance (being conducted approximately every 500 running hours) and fair wear and tear and such maintenance and repair shall only be carried out by a fully qualified professional which Event Technical Systems has approved in writing.
6.5 Subject to condition 2 of Section B, where Event Technical Systems recommends that a Customer hires or has available a back-up generator and where that Customer fails to adhere to the recommendation the Customer does so at its own risk and accepts that Event Technical Systems is not liable for any loss suffered by a failure of the single generator (whether as a result of an inherent default and fair wear and tear) which would have been prevented by a back-up generator.
6.6 Subject to conditions 6.1 to 6.4 of Section A above, if there is a breakdown or issue with the Items as a result of fair wear and tear or an inherent default or if routine maintenance is required the cost to repair or replace the Items shall be borne by Event Technical Systems provided that the Customer notifies Event Technical Systems of the issue as soon as possible.
6.7 Where a breakdown has been reported to Event Technical Systems they will endeavour in servicing the Customer to resolve the issue as soon as reasonably possible. Event Technical Systems will initially obtain more information and seek to identify and resolve the issue over a telephone call. If the issue requires Site attendance Event Technical Systems will arrange an engineer to attend within a reasonable timescale. If the issue cannot be resolved Event Technical Systems will provide a replacement Item to the Site.
7. HEALTH & SAFETY
7.1 The Customer shall comply with all conditions, regulations, guidance or codes under applicable law, provided by Event Technical Systems or provided by the local authority in relation to the Items such as health and safety requirements and the use and installation of the Items and all costs of these shall be borne by the Customer.
7.2 The Customer shall be responsible for the conduct, actions or inactions in relation to the hiring and use of the Items which breach condition 7.1 of Section A by any of their staff, volunteers, contractors, or any other person on Site.
7.3 Where equipment is to be ‘dry-hired’ (hired without On Site Support from Event Technical Systems), it is the Customers responsibility and cost to ensure all out-going electronic connections and services are installed by a competent person, that any circuits are tested and a certificate issued as safe to energise and test results issued to BS7909 or BS7671.
7.4 Event Technical Systems accepts no responsibility for the safety or suitability of any on-going connections or equipment connected to untested installations irrespective of who has supplied the distribution cables and distribution boxes. Earth leakage settings on the generators is the responsibility of the responsible individual signing off the installation or the Customer. Any electrical trips or failures are to be borne by the Customer.
7.5 All cables must be returned coiled and taped, Event Technical Systems reserves the right to charge coiling and cleaning as an additional charge.
8. INSURANCE
8.1 The Customer shall take out a policy of insurance with a reputable insurance company to cover all Items for their total replacement value and to cover such reasonable risks as Event Technical Systems may specify. Alternatively, Event Technical Systems will provide reasonably priced insurance in respect of the Items at an additional cost to the Customer during the course of the Hire Period. The Customer shall produce to Event Technical Systems on demand full particulars of that insurance and the receipt for the premium.
8.2 The Customer must for the duration of the Hire Period not commit any act or omission, the effect of which is to invalidate any insurance policy held by itself or Event Technical Systems in relation to the Items.
SECTION B – HIRE TERMS 1.
INTERPRETATION 1.1
The following definitions shall apply in this Contract:
-Additional Charges: any additional fees which may be payable by the Customer, including but not limited to: any time which the Customer holds the Items outside of the Hire Period;
-Any cleaning or repairing of the Items following the use by the Customer;
-The Site being inappropriate for the delivery of the Items; or insurance. Estimates of the additional charges may be requested from Event Technical Systems prior to and during this Contract.
-Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
-Charges: the fees payable as detailed in the Quotation Form, including but not limited to hire charges, sale charges, delivery charges and Additional Charges. All Charges are exclusive of VAT unless stated otherwise.
-Contract: the contract between the Customer and Event Technical Systems for the hire of the Items by way of a licence, in accordance with the Quotation Form, these Hire Conditions (being the Section A Hire Policy and the Section B Hire Terms).
Customer: the individual(s), partnership, organisation or company who is hiring the Items from Event Technical Systems and as detailed in the Quotation Form.
-Deposit: any amount of the Charges which are required in advance of the Hire Period.
-Event Technical Systems: Event Technical Systems is a trading name of Jack Swainston a company registered in England and Wales.
Hire Conditions: the Hire Policy set out in Section A and the Contract Terms set out in Section B and any additional terms set out in the Quotation Form.
-Hire Period: the period during which the Items are hired by the Customer, including the time period detailed in the Quotation Form and any other time outside of the Hire Period during which the Items are not in the possession of Event Technical Systems. This includes any time in which the Items are being transported or delivered by the arrangement of the Customer.
-Items: all items detailed in the Quotation Form and any other items which may be provided to the Customer in connection with the Contract. Items includes any replacements, renewals or additions made to them by Event Technical Systems or by the Customer with Event Technical Systems’s prior written consent.
-On-Site Support: any individuals who are instructed by Event Technical Systems to provide services to the Customer in connection with the installation of the Items.
-Site: the site on which the Items are to be kept during the Hire Period. This site will be the Delivery Address detailed in the —
-Quotation Form unless Event Technical Systems have agreed an alternative address in writing.
-Event Technical Systems Shall not be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
-A reference to writing or written includes email but not fax. In the case of any contradiction, inconsistency or other discrepancy between the Quotation Form and these Hire Conditions, the terms of the Quotation Form will prevail.
-Where two or more individuals or companies are named as the Customer, each shall jointly and severally accept the obligations under the Contract. This means that each Customer can be held fully responsible under the Contract.
-Is the Customer a business customer or a consumer? In some areas the Customer will have different rights under these Hire Conditions depending on whether the Customer is a business or a consumer. The Customer is a consumer if they are an individual and hiring the Items wholly or mainly for their personal use (not for use in connection with their trade, business, craft or profession).
If the Customer is a business customer this is Event Technical Systems’ entire agreement with the Customer in relation to the hire of the Items.
-The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Event Technical Systems which is not set out in the Contract and that the Customer shall have no claim against Event Technical Systems for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
Event Technical Systems’ RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY THE CUSTOMER IF THE CUSTOMER IS A CONSUMER
Event Technical Systems are responsible to the Customer for foreseeable loss and damage caused by Event Technical Systems. If Event Technical Systems fails to comply with it’s obligations under the Contract, Event Technical Systems are responsible for loss or damage which a Customer suffers that is a foreseeable result of Event Technical Systems’s breaking the Contract or Event Technical Systems failing to use reasonable care and skill, but Event Technical Systems are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both Event Technical Systems and the Customer knew it might happen, for example, if the Customer discussed it with us during the booking process.
Event Technical Systems do not exclude or limit in any way it’s liability to the Customer where it would be unlawful to do so. This includes liability for: (a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; and (b) fraud or fraudulent misrepresentation.
If the Customer is a consumer the hire is only for the Customer’s domestic and private use. If the Customer uses the Items for any commercial or business purposes Event Technical Systems’s liability to the Customer shall be limited as set out in conditions 3.1 to 3.3 (inclusive) of Section B of these Hire Conditions.
Customers who are consumers can find detailed information on the Citizens Advice website
A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. A reference to a statute or statutory provision includes any subordinate legislation made from time to time under that statute or statutory provision.
Any words following the terms including, include, in particular, for example or any similar expression shall
www.citizensadvice.org.uk or by calling 0800 144 8848.
except that they are hired to the Customer.
3. Event Technical Systems’ RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY THE CUSTOMER IF THE CUSTOMER IS A BUSINESS
3.1 Nothing in the Contract shall limit or exclude our liability for:
3.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
3.1.2 fraud or fraudulent misrepresentation;
3.1.3 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; or
3.1.4 defective products under the Consumer Protection Act
1987; or
3.1.5 any matter in respect of which it would be unlawful for
us to exclude or restrict liability.
3.2 Except to the extent expressly stated in condition 3.1 of Section B of these Hire Conditions all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
3.3 Subject to condition 3.1 of Section B of these Hire Conditions:
3.3.1 Event Technical Systems shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
3.3.2 Event Technical Systems’s total liability to the Customer for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of 150% of the total Charges.
3.4 Event Technical Systems shall not be liable to the Customer for any costs, expenses, damages and losses suffered or incurred by the Customer as a result of the Customer not using the Items in accordance with any guidance provided by Event Technical Systems (including its On-Site Support), whether written or oral, see condition 4 of Section A for additional details.
DUTY TO MITIGATE Each party has a duty to take reasonable steps to reduce it loss and mitigate any detrimental side effects caused by a breach of this Contract by either party or a force majeure event.
INTEREST If any money due and payable by the Customer under this Contract has not been paid on the due date for payment, Event Technical Systems may charge interest on the overdue amount at the rate of 4% (four percent) a year above The Bank of England’s base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. The Customer must pay Event Technical Systems interest together with any overdue amount.
NATURE OF THIS CONTRACT
6.1 The Customer acknowledges that Event Technical Systems retains ownership of the Items. The Customer has no right, title or interest in the Items
6.2 If the Customer wishes to make a change to the agreed Contract Details set out in the Quotation Form, the Customer should contact Event Technical Systems as soon as practicable, and Event Technical Systems will confirm whether the change is possible. If the change is possible and additional costs will be incurred by Event Technical Systems to implement the change, Event Technical Systems shall notify the Customer of such additional costs and the date by which they must be paid in full. Event Technical Systems must receive from the Customer payment of such additional costs in full in cleared funds before Event Technical Systems is obliged to proceed with the agreed change. If Event Technical Systems do not respond to the request or if the change is not possible then no change to the Contract shall be deemed to be made.
6.3 Where hire of the Items is to a Customer who is a consumer and the hire would be covered by the Consumer Credit Act 1974 the Hire Period shall not exceed 3 months, after which time the Contract shall be deemed to have automatically terminated and the Customer shall be required to return the Items or allow Event Technical Systems to collect the Items in accordance with these Hire Conditions. Accordingly the hire of any Items in accordance with these Hire Conditions shall not covered by the Consumer Credit Act 1974.
7. TERMINATION
Termination of the Contract will not affect any rights, remedies or obligations of the parties that have accrued or become due prior to termination.
8. GENERAL Force majeure
8.1 Subject to condition 5 of Section A, neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control (except for circumstances where Event Technical Systems has provided the Items the Customer shall be required to pay the Charges or where the Customer is required to pay a Cancellation Charge).
Assignment and other dealings.
8.2 The Customer shall not assign, transfer, sublet, subcontract or deal in any other manner with any or all of its rights and obligations under the Contract without Event Technical Systems’s prior written consent.
8.3 Event Technical Systems may at any time assign, transfer, subcontract or deal in any other manner with any or all of its rights under the Contract.
Confidentiality
8.4 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the other party or use any other party’s confidential information for any purpose other than as required under the Contract, or unless required by law, any governmental or regulatory authority.
Personal Information
8.5 Event Technical Systems will only use the Customer’s personal information as set out in our privacy policy
which is available on Event Technical Systems’s website or by emailing Jackswainston@me.com
Entire agreement
8.6 The parties agree that 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. For the avoidance of doubt the parties agree that these Hire Conditions shall take precedence over any and all terms and conditions which the Customer may have.
Variation
8.7 No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Waiver
8.8 A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
8.9 A failure or delay by a party to exercise any right or remedy provided under the Contract 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 Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
Set Off
8.10 If the Customer is a business customer, the Customer must pay all amounts due to Event Technical Systems under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
Severance
8.11 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 condition 8.11 of Section B shall not affect the validity and enforceability of the rest of the Contract.
Notices
8.12 Any notice or other communication given to a party under or in connection with the Contract 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); or sent by email to Jackswainston@me.com.
8.13 A notice or other communication shall be deemed to have been received: if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; if sent by pre-paid first class post or other next working day delivery service, at 0900 hrs on the second Business Day after posting or at the time recorded by the delivery service; or, if sent by email, on the next Business Day after transmission.
service of any proceedings or other documents in any legal action.
Third party rights
8.15 The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
Governing law
8.16 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.
Jurisdiction
8.17 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 Contract or its subject matter or formation.
8.14 This condition 8 of Section B shall not apply to the service of any proceedings or other documents in any legal action.
Third party rights
8.15 The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
Governing law
8.16 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.
Jurisdiction
8.17 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 Contract or its subject matter or formation.
