LION CATALOGUE-digital - Flipbook - Page 532
USEFUL INFORMATION GENERAL TERMS AND CONDITIONS OF SALE
previous agreement or understanding between the
parties with the respect to the arrangement
contemplated by or referred to in the Contract.
The Customer acknowledges that, in entering into
each Contract, it does not rely on, and shall have no
remedy in respect of, any representation, whether
negligent or not, of any person (whether party to the
Contract or not) which is not expressly set out in the
Contract, and the only remedy available to it for
breach of any statement, representation or other term
that is expressly set out in the Contract shall be for
breach of contract.
14.3
Nothing in this clause 14 shall, however, operate to
limit or exclude any liability for fraud or fraudulent
misrepresentation.
15
GENERAL
15.1
Lion Safety may assign, novate, charge or hold on trust
for another any of its interest under the Contract in
whole or in part or sub-contract all or any of its
obligations under the Contract. The Customer shall
not be entitled to assign, novate, charge or hold on
trust for another any of its interest under the Contract
in whole or in part or sub-contract all or any of its
obligations under the Contract without the prior
written consent of Lion Safety (such consent not to be
unreasonably withheld or delayed).
15.2
Except as set out in clause 3, no other variation of the
Contract shall be effective unless it is agreed in writing
and signed by the parties (or their authorised
representatives).
15.3
Save as expressly provided in these terms and
conditions, the rights and remedies provided by
Contract are cumulative and (subject as otherwise
provided in these terms and conditions) are not
exclusive of any right or remedy provided by law. No
exercise by a party of any one right or remedy shall
(save unless expressly provided otherwise) operate so
as to hinder or prevent the exercise by it of any other
right or remedy.
15.4
Any failure to exercise or delay by Lion Safety in
exercising a right or remedy arising in connection with
the Contract or by law shall not constitute a waiver of
such right or remedy or of any other rights or remedies.
No waiver shall be effective unless in writing and
signed by Lion Safety or on its behalf by a duly
authorised representative. A waiver of a right or
remedy on one occasion shall not constitute a waiver
of the same right or remedy in the future.
15.5
If any provision of these terms and conditions or the
Contract is held by any competent authority to be
invalid or unenforceable in whole or in part the validity
of the other provisions of these terms and conditions or
the Contract and the remainder of the provision in
question shall not be affected thereby.
15.6
Any notice given under the Contract shall be in writing,
in English, and may be served by leaving it at, or by
sending it by pre-paid first class post or recorded
delivery to the address as set out in the Contract or
such other address as a party may designate by
written notice. A notice is deemed to be received when
left at the recipient’s address or, if sent by pre-paid
first class post or recorded delivery, 48 hours from the
date of posting. If such deemed receipt is not within
business hours (being between 9.00 am and 5.00 pm
Monday to Friday on a day that is not a public holiday
in the place of receipt), the notice is deemed to be
received when business hours next commence.
15.7
No provision of a Contract shall be enforceable
pursuant to the Contracts (Rights of Third Parties) Act
LIONSAFETY.CO.UK
14.2
SALES@LIONSAFETY.CO.UK
01324 474 744
531
1999 by any person who is not a party to it.
16
GOVERNING LAW AND JURISDICTION
16.1
These terms and conditions and the Contract are
governed by and shall be construed in accordance
with English law. The parties irrevocably submit to the
exclusive jurisdiction of the Courts of England and
Wales.