SMI Catalogue 2025/2026 - Flipbook - Page 532
USEFUL INFORMATION GENERAL TERMS AND CONDITIONS OF SALE
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 SMI
(such consent not to be unreasonably withheld or
delayed).
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 SMI 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 SMI 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 recipient9s 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
1999 by any person who is not a party to it.
SMIGROUPUK.COM
15.2
HELLO@SMIGROUPUK.COM
01428 658 333
531
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.
