Terms & Conditions
These terms and conditions (“Terms”) are the Terms that apply to every Interaction with, and to the supply of Goods and provision of Services by, Fenco Group Ltd trading as V-TUF, company registration number 09499759, whose registered office is at Unit 5 Chris Sharpe Building, Till Bridge Lane, Scampton, Lincoln, LN1 2SX (“V-TUF/We/Us/Our/Ours”). Clause 13 applies to every Interaction between You and V-TUF or Our Personnel, whether or not You buy anything from Us.
Warranty conditions in short
(This does not override or exclude any of the conditions below.)
The warranty conditions issued by our relevant sales company apply in all countries. We shall remedy possible malfunctions on your appliance within the warranty period free of cost, provided that a material or manufacturing defect is the cause. In a warranty case, please contact your dealer (with the purchase receipt) or the next authorised customer service site.
In the event of a warranty claim, please have the following documents ready for submission:
- A copy of your original purchase document.
- A copy of / the date you registered your product online. (This product must be registered within 30 days after purchase.)
- A copy of your product's V-TUF Equipment maintenance log (completed to date). The V-TUF Equipment service log, routine and safety servicing and testing must be completed as instructed.
Delivery options
Delivery Option 1: UK Mainland Next Day delivery service. We always despatch orders on a next day delivery service. The responsibility then rests upon the carrier company to fulfil this. If you require your order for the next working day, the following conditions apply:
- Orders must be placed on Monday to Friday (excluding bank holidays).
- Hose orders must be placed before 12pm.
- Parts orders must be placed before 3pm.
We cannot offer next working day delivery on the following:
- Machine orders, which are normally 2 – 3 working days.
- Where the delivery time on the product page states a number of working days.
- Bulk orders. Please feel free to discuss delivery times with us.
- Orders outside of the UK mainland.
- Where the product is out of stock or there is a system error.
Delivery Option 2: Saturday Delivery. The same conditions apply as above.
1. Interpretation
1.1 In these Conditions these definitions shall apply:
Business Day: a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Confidential Information: any and all information and data of a confidential or proprietary nature in whatever form and on whatever media (whether written, oral, visual, electronic, magnetic or other media) which includes: commercial, financial, business, customer, supplier, marketing, third party, technical or other information (including, inventions, ideas, designs, formulae, strategies, software, know-how and trade secrets); the fact that discussions are taking place concerning this Contract; any information which at the time of disclosure is or should be regarded as confidential or proprietary having regard to the nature of the information and the circumstances of the disclosure; and any information, findings, data or analysis derived from the matter mentioned. For the avoidance of doubt this shall include any of Our Customers’ confidential information.
Customer/You/Your/Yours: the person, business, company or organisation to whom We agree to supply the Goods and/or Services, or with whom We have any Interaction.
Data Protection Legislation: the UK General Data Protection Regulation (“UK GDPR”) and the Data Protection Act 2018 as amended or updated from time to time, and any successor legislation to the UK GDPR or the Data Protection Act 2018 and all other applicable statutes, directives, or regulations which may supplement, amend, or replace them and relate to data privacy.
Deliverables: any documents, products and materials created or developed by Us or on Our behalf as part of or in connection with the provision of the Services.
Delivery Date: shall be the date set out in the Order Acknowledgement.
Delivery Location: the address or addresses for delivery of the Goods or provision of Services as set out in the Order Acknowledgement or such other address as agreed by Us.
Force Majeure Event: means an event beyond Our reasonable control including strikes, lock-outs, other industrial disputes (whether involving Our workforce or that of any other party), failure of a utility service or transport network, act of God, epidemic or pandemic, accident, war, riot, civil commotion, act of terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, transport delays, explosion, storm, difficulty obtaining supplies or default of suppliers or subcontractors.
Goods: the goods and related accessories, spare parts and documentation and other physical material set out in the Order Acknowledgement.
Goods Specification: any specification for the Goods agreed in writing by Us.
Insolvency Event: means if You go into liquidation or a winding up petition is presented in respect of You (other than for the purpose of a solvent bona fide reconstruction) and such petition is not discharged within 7 days of its presentation or an order is made for the appointment of an administrator or documents are filed for the appointment of an administrator or notice of intention to appoint an administrator is given by You, Your directors or a qualifying floating charge holder, or a receiver or administrative receiver is appointed over the whole or any part of the assets of Your business or You propose to enter or make any arrangement or composition with Your creditors or make an application to a court for the protection of your creditors in any way, are otherwise unable to pay Your debts (within the meaning of any relevant insolvency law) or are the subject of any similar event in any jurisdiction.
Intellectual Property Rights: patents, copyright, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, know-how and trade secrets and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Interaction: any contact or dealing between You or any of Your Representatives and Us or any of Our Personnel, in any form and by any means, including in person at Your Site, at Our Premises or elsewhere, by telephone, email, letter, text or instant message, video call, social media or any online platform, and whether before, during or after any Contract (including enquiries, quotations, demonstrations, training, deliveries, installation, servicing, warranty claims, complaints and the collection of payment).
Mandatory Policies: Our policies and codes of conduct relating to such things as anti-bribery, modern slavery, ethics, dignity at work and anti-harassment, health and safety, site rules, corporate and social responsibility as notified by Us to You from time to time.
Order: means Your purchase order.
Order Acknowledgement: means the email that We send You acknowledging Your Order and incorporating these terms and conditions.
Our Personnel: Our directors, officers, employees, workers, agency staff, apprentices, agents and subcontractors, and any other person acting on Our behalf.
Our Premises: any premises, site, vehicle, exhibition stand or event space owned, occupied or controlled by Us.
Payment Terms: all Goods and Services must be paid for in full prior to delivery unless other payment terms (such as credit terms) have been agreed in writing by Us.
Person: includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
Price: shall be the price specified in the Order.
Quotation: shall mean the written quotation that We supply to You detailing the price of the Goods or Services.
Services: the services, including any Deliverables, set out in the Order and accepted by Us in Our Order Acknowledgement.
Services Commencement Date: shall be the date set out in the Order and accepted by Us in Our Order Acknowledgement.
Unacceptable Conduct: has the meaning given in clause 13.3.
Your Representatives: Your directors, officers, employees, workers, agents, contractors and subcontractors, and any customer, visitor or other person present at Your Site with Your permission or under Your control.
Your Site: the Delivery Location and any other premises, site, vehicle or place owned, occupied or controlled by You, or at which You arrange for Our Personnel to attend.
1.2 Clause and Schedule headings will not affect the interpretation of this Agreement.
1.3 Unless the context otherwise requires, words in the singular include the plural and in the plural, include the singular.
1.4 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
1.5 Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression will be construed as illustrative and will not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. Basis of Contract
2.1 Orders for Goods and/or Services placed with Us may be placed in writing, by telephone or by email, but in all cases will be subject to Our written acceptance. The contract between You and Us will become legally binding only when We have sent You an Order Acknowledgement. All accepted orders will be deemed to incorporate these terms and conditions and will form the "Contract" with You.
2.2 The Contract overrides any other previous statements, promises, representations and undertakings given or made by Us in relation to the subject matter of the Contract which are not set out in the Contract including brochures, on our websites, specifications and advertising and the Contract excludes all such items and all other terms not set out in the Contract, including those implied by trade and/or custom and practice (and You acknowledge and agree that You have not relied on the same).
2.3 Quotations provided by Us (whether written or oral) do not constitute offers and are subject to withdrawal without notice and will automatically lapse 7 days after the date of the quotation unless We agree otherwise.
2.4 Clause 13 applies to every Interaction, whether or not a Contract has been formed. By making an enquiry, requesting a Quotation, placing an Order or inviting Our Personnel to Your Site, You agree to comply with clause 13.
2.6 We reserve the right to make changes to the Goods and/or Services so that We may comply with any applicable law or safety requirements, or which do not materially affect the nature or quality of the Goods and/or Services.
2.7 Where We supply demonstration Services to You, We may suggest Goods and/or Services that We feel may be suitable for Your needs. We do so in good faith and We do not accept any liability in respect of this.
2.8 Where We undertake market research, We do so in order to understand the market and to suggest solutions to Our customers, this service is offered in good faith and We do not accept liability in respect of this.
2.9 The buyer confirms that the goods purchased from Fenco Group Ltd will be used solely for domestic purposes within the United Kingdom and will not be exported, re-exported, or sold to any other country or entity without proper authorization and compliance with applicable laws.
3. Price
3.1 The price for the Goods and/or Services will be as specified on the written Quotation that We give You. All prices exclude delivery which will be itemised separately.
3.2 VAT will be charged based on the price, at the rate applying at the time of delivery of the Goods and/or performance of the Services.
3.3 Where You require delivery to more than one address or to any location outside of the UK mainland this will incur additional delivery charges.
3.4 The price excludes all other taxes which may be applicable, and You shall pay any such tax in addition to the price.
4. Specifications
4.1 Where We supply Goods or Services in accordance with Your specifications, drawings, instructions or design outputs ("Specification"), You shall ensure that the Specification is in writing, is accurate and is provided in good time in order for Us to fulfil Our contractual obligations to You.
4.2 Without prejudice to Your obligations and liability under clause 4.1, where We provide any design in relation to the Goods or Services you must check and confirm that Your instructions have been interpreted correctly and, in such instances, We may request that You sign and return a copy of the Specification to confirm that You have ensured that the agreed design meets Your Specification or requirements. You acknowledge and agree that no further Services will be provided, and no Goods delivered in accordance with Your Order until We have received the returned signed copy of the Specification. We shall have no liability for errors in any Specification or details supplied and/or approved by You.
5. Intellectual Property Rights
5.1 The Intellectual Property Rights in any materials, Software and/or equipment, in whatever form, existing prior to the entering into of a Contract, or developed solely by one party entirely independently and unrelated to the Contract, shall be owned by the developing party.
5.2 The Intellectual Property Rights in any materials, Software and/or equipment, including drawings, designs, specifications or data, developed or produced by Us in pursuance of a Contract shall remain vested in Us unless specifically agreed otherwise in writing by Us prior to entering into the Contract.
6. Cancellation
6.1 We may suspend or cancel the Contract or any part of it, by giving You notice if:
6.1.1 You fail to pay Us any money when due (under the Contract or otherwise);
6.1.2 You suffer an Insolvency Event; or
6.1.3 You or any of Your Representatives breach clause 13.
6.2 You may only cancel the Contract or any part of it if We agree in writing and, in such circumstances, You shall pay to Us the sums due for costs incurred up to cancellation, including:
6.2.1 any material, processing and manufacturing costs incurred by Us up to the date of termination;
6.2.2 the price of any specialist non-stock Goods or bespoke Goods that We have obtained, adapted or modified for You;
6.2.3 costs of failed delivery attempts; and
6.2.4 any other costs related to the Contract which We have incurred which are notified by Us to You.
6.3 Where We suspend or cancel under clause 6.1.3, clause 6.2 shall apply as if You had cancelled the Contract.
7. Return of Goods
7.1 We may, at Our sole discretion, accept the return of Goods from You:
7.1.1 if We have expressly agreed to do so in writing;
7.1.2 if the Goods are a standard stock item when You request the return;
7.1.3 on payment of Our re-stocking charges; and
7.1.4 in all cases, where the Goods are as fit for sale on their return as they were on delivery.
7.2 This clause 7 does not affect any legal rights that You might have under this Contract or otherwise and is not intended to replace those rights.
8. Delivery
8.1 We shall use Our reasonable endeavours to meet any performance dates and times specified in the Contract but any such dates and times including all delivery times are estimates only and time shall not be of the essence for delivery of Goods and/or performance of the Services.
8.2 If You accept delivery of the Goods or performance of the Services after any estimated delivery or performance time given by Us, delivery or performance will be deemed to have been in accordance with the Contract.
8.3 We may deliver the Goods in instalments. Each instalment is to be treated as a separate contract.
8.4 If delivery does not take place because You are at fault or for reasons beyond Our control, We may charge You for any wasted time and costs incurred by Us in respect of the failed delivery and We may store and insure the Goods at Your expense. We will use reasonable endeavours to attempt to deliver the Goods, but We have the right to sell them after a period of 14 days has passed since the original delivery attempt. We may recover from the proceeds of such sale, Our costs of storage and insurance, Our costs of attempting to deliver the Goods together with the unpaid balance of the sale price of those Goods as at the day of failed delivery. In the event that the sale proceeds are insufficient to cover the costs and sale price, We may invoice You for the shortfall.
8.5 Neither We nor Our carriers shall be responsible for unloading the Goods at Your premises.
8.6 We may decline to deliver the Goods if We or Our carrier believe that it would be unsafe, unlawful or unreasonably difficult to do so, that the premises or the access to them are unsuitable for the delivery vehicle, or that Our Personnel or Our carrier would be exposed to Unacceptable Conduct. Any unforeseen additional costs resulting from any requirement to make repeated or abortive delivery attempts as a result of delivery issues may be invoiced separately and must be paid for by You in accordance with clause 9.
8.7 Delivery will be deemed to have taken place either at Our premises when You collect the Goods or at the agreed delivery address, when You have unloaded the Goods or at the place where We supply the Services.
8.8 We will give You notice of the planned delivery date of the Goods and Services. If You cancel the delivery or request an alternative delivery date less than two Business Days prior to the planned delivery date, We shall be entitled to charge You for any costs incurred in rearranging the delivery.
9. Payment and Credit Terms
9.1 Subject to clause 9.2, You shall pay Us the price quoted for the Goods and/or Services (as applicable) in accordance with Our invoice, in cleared funds, on or before delivery of the Goods and/or performance of the Services (as applicable). If You fail to do so, We may decline to deliver the Goods and/or perform the Services.
9.2 We may require a deposit to be paid, in advance of the supply of any Goods and/or provision of Services and may at any time during the performance of the contract request that payment be made by instalments.
9.3 We may allow You to have an approved credit account with Us and this will be on such terms as We specify. The credit account terms, unless We agree otherwise, shall require You to pay the price quoted by the method agreed by Us no later than the end of the month following the month of delivery of Goods/performance of Services (as applicable). Some of the Goods supplied by Us may require proforma or stage payments and would not be covered by Our credit facilities. We will notify You of this at the time You place Your Order with Us.
9.4 We may in Our absolute discretion, decline any application for a credit account and We are not obliged to give any reason for such decision.
9.5 In the event that We agree credit terms with You, We may, in Our absolute discretion, and without liability to You, at any time and without notice:
9.5.1 withdraw Your credit account;
9.5.2 reduce Your credit limit; or
9.5.3 bring forward Your due date for payment.
9.6 By placing an order with Us or applying for a credit account, You:
9.6.1 consent to Us carrying out such credit referencing and other due diligence as We consider appropriate on an ongoing basis; and
9.6.2 agree that You shall, at Our request, provide all information reasonably requested by Us in relation to Your creditworthiness.
9.7 If You fail to pay Us in full in accordance with clause 9.1, 9.2 or 9.3 (as applicable):
9.7.1 We may suspend or cancel future deliveries of Goods and/or provision of Services under any Contract;
9.7.2 We may cancel any discount offered to You; and
9.7.3 You shall pay Us interest, both before and after any judgment, on the amount unpaid at the rate of 4 per cent per annum above Barclays Bank plc base rate from time to time, from the due date until payment in full, a part of a month being treated as a full month for the purpose of calculating interest.
10. Title and Risk
10.1 Where We provide Goods, title to the Goods shall pass to You when We have received all amounts due to Us from You which are outstanding.
10.2 The Goods are at Your risk from the time of delivery in accordance with clause 8.
10.3 Until the date on which title to the Goods passes to You in accordance with clause 10.1, all Goods shall remain Our property and:
10.3.1 You shall store them at Your own cost separately from all other Goods so that they are clearly identifiable as Our property; and
10.3.2 You shall insure them and keep them insured for the full amount due to Us and if the Goods are destroyed by an insured risk, hold the insurance proceeds, separately from all other monies, on trust for Us.
11. Third Party Contractors
11.1 By entering into a Contract You agree that We may utilise third party suppliers and contractors in carrying out Services under that Contract.
12. Warranties, Indemnity and Liability
12.1 Subject to clause 4.2, clauses 12.2 to 12.6 and clauses 12.8 to 12.10, We warrant that:
12.1.1 the Goods and Services will conform to the Specification; and
12.1.2 Services will be provided with reasonable care and skill.
12.2 Save as set out in clause 12.1 We give no other warranties and We exclude, to the fullest extent permitted by law, all warranties, terms and conditions that would otherwise be implied into the Contract, including all warranties implied by law, custom and practice and course of dealing as to the quality of Goods and/or Services and their fitness for purpose.
12.3 You are responsible for ensuring that:
12.3.1 the Specification is complete, accurate and fit for Your purposes;
12.3.2 the Services provided are suitable for Your purposes;
12.3.3 any Goods that are provided are suitable for Your purposes and those of Your Customer or end users.
12.4 Subject to clause 12.10 We shall not be liable, whether in contract (including fundamental breach), tort (including negligence), breach of statutory duty or otherwise for any defect in the Goods or the Services which:
12.4.1 is caused by a breach of any of the warranties given at clause 12.1; or
12.4.2 are produced to the Specification.
12.5 You shall inspect the Goods on delivery. If any Goods are defective on delivery (or only partially delivered) You must mark the advice note accordingly and You:
12.5.1 shall inform Us (in writing), with full details, before their use or resale and in any event within 48 hours of delivery; and
12.5.2 shall allow Us and any carrier to investigate the alleged defect or non-delivery.
12.6 If, following Our investigations, the Goods have not been delivered or any Goods or Services delivered are found not to be in accordance with clause 12.1, and You have complied in full with clause 12.5, We shall, at Our sole option replace or repair the Goods, re-perform the Services or refund the price of Goods.
12.7 Subject to clause 12.9, We shall not be liable to You or to any person claiming through You for any loss or injury howsoever arising from the Contract, any collateral contract, the supply of Goods or their use or the provision of Services.
12.8 Subject to clause 12.9, Our liability to You for all other losses arising under or in connection with the Contract or any collateral contract, whether in contract (including fundamental breach), tort (including negligence), breach of statutory duty or otherwise shall be limited to the price of the Goods or Services (as applicable) or £150,000 whichever is the lower sum.
12.9 Nothing in the Contract restricts or limits Our or Your liability for death or personal injury resulting from negligence, for fraud or for any other liability which may not be excluded or restricted by law.
12.10 You shall indemnify and keep Us indemnified in full and on demand from all costs, proceedings, actions, claims or demands, liabilities, losses, damages and obligations which We may incur or for which We may be liable (including legal costs and expenses) arising out of or in connection with the Specification infringing or being alleged to infringe third party Intellectual Property Rights.
12.11 Clauses 12.7 and 12.8 limit Our liability only. They do not limit Your liability to Us under clause 13.
13. Conduct Towards Our Personnel, Harassment and Site Access
Scope
13.1 This clause 13 applies to every Interaction, whether or not it relates to a Contract, and continues to apply after any Contract ends. You are responsible for the acts and omissions of Your Representatives under this clause 13 as if they were Your own.
13.2 We are committed to protecting the health, safety, dignity and wellbeing of Our Personnel. We have a legal duty to take all reasonable steps to prevent harassment of Our Personnel, including harassment by customers and other third parties, and You agree to help Us meet that duty.
Standards of conduct
13.3 You shall, and shall ensure that Your Representatives shall, treat Our Personnel with courtesy, dignity and respect at all times, and shall not engage in any of the following (“Unacceptable Conduct”):
13.3.1 harassment, including sexual harassment and harassment related to age, disability, gender reassignment, race, religion or belief, sex or sexual orientation, within the meaning of the Equality Act 2010;
13.3.2 unwanted conduct of a sexual nature, including unwanted physical contact, comments, jokes, gestures, propositions, messages or images, or treating someone less favourably because they rejected or submitted to such conduct;
13.3.3 bullying, intimidation, humiliation or conduct intended to, or which has the effect of, undermining a person or creating a hostile or offensive environment;
13.3.4 verbal abuse, swearing at, shouting at, insulting or making discriminatory remarks to or about any of Our Personnel;
13.3.5 threats of any kind, physical violence, aggression or damage to the property of Our Personnel;
13.3.6 a course of conduct amounting to harassment under the Protection from Harassment Act 1997, including repeated or unwanted contact outside normal business purposes;
13.3.7 contacting Our Personnel through personal phone numbers, personal email or social media accounts, or posting about them online, without their consent; and
13.3.8 asking or pressuring Our Personnel to act unsafely, unlawfully, outside Our safe systems of work or outside the scope of the Contract.
13.4 You shall take all reasonable steps to prevent Your Representatives engaging in Unacceptable Conduct, including making those who will deal with Our Personnel aware of this clause 13, supervising Interactions on Your Site, and stopping any Unacceptable Conduct You become aware of.
When Our Personnel visit Your Site
13.5 Where Our Personnel attend Your Site for any reason (including delivery, demonstration, installation, commissioning, servicing, repair, training or a sales visit), You shall:
13.5.1 provide safe access to and from the area where the work is to be carried out, with adequate lighting, clear routes and suitable parking or loading space;
13.5.2 tell Us in writing, before the visit, about any site rules, induction, permit-to-work, security or PPE requirements and any known hazards (including asbestos, hazardous substances, confined spaces, working at height, moving vehicles and live services), and provide any site induction on arrival;
13.5.3 co-operate and co-ordinate with Us on health and safety, as required by the Management of Health and Safety at Work Regulations 1999, and make available any relevant risk assessments;
13.5.4 ensure that any equipment We are to work on is safely isolated, clean and decontaminated where required, and accessible;
13.5.5 give Our Personnel reasonable access to toilets, hand-washing facilities and drinking water;
13.5.6 ensure a named, competent contact is available on site for the duration of the visit, and that Our Personnel are not left in an unsafe area, or unreasonably isolated with any of Your Representatives, without their agreement;
13.5.7 not require Our Personnel to work outside reasonable hours agreed in advance, or to remain on Your Site longer than is needed to complete the agreed work; and
13.5.8 tell Us promptly of any accident, near miss or incident involving Our Personnel on Your Site.
13.6 Our Personnel may refuse to enter Your Site, stop work or leave Your Site at any time if they reasonably believe that they are, or are likely to be, at risk to their health or safety or subject to Unacceptable Conduct. This will not be a breach of the Contract by Us. Any affected delivery or performance date will be extended accordingly, and We may charge You for wasted time, travel and any return visit at Our standard rates.
13.7 We will ensure that Our Personnel treat You and Your Representatives with courtesy and respect, and comply with Your reasonable site rules that You have notified to Us in advance, to the extent they are consistent with this clause 13 and with law.
When You visit Our Premises
13.8 Where You or any of Your Representatives visit Our Premises (including for collection, demonstration, training or a meeting), You shall, and shall ensure that they shall:
13.8.1 sign in and out, wear any visitor identification provided and stay within the areas to which You are escorted or permitted;
13.8.2 follow Our site rules, health and safety instructions, PPE requirements and any instruction given by Our Personnel; and
13.8.3 comply with the standards of conduct in clause 13.3.
13.9 We may refuse entry to, or require the immediate departure from Our Premises of, any person who does not comply with clause 13.8.
Remote interactions
13.10 The standards in clause 13.3 apply equally to Interactions by telephone, email, message, video call and online. We may end any call, meeting or exchange in which Unacceptable Conduct occurs. We may record telephone calls and keep records of Interactions for training, safety, quality and investigation purposes, in accordance with Our Privacy Policy.
Reporting and investigation
13.11 If You become aware of any actual or alleged Unacceptable Conduct towards Our Personnel, You shall tell Us promptly. If We raise a concern with You, You shall co-operate fully and promptly with any investigation, including by preserving and, where lawful, providing relevant information such as CCTV footage, visitor logs and witness details, and shall take appropriate action in relation to the Representatives concerned.
Our rights if this clause is breached
13.12 If We reasonably believe that You or any of Your Representatives have breached this clause 13, We may, without liability to You and without affecting any other right or remedy, do any one or more of the following:
13.12.1 immediately withdraw Our Personnel from Your Site, or end the Interaction;
13.12.2 suspend or cancel any Contract or part of a Contract in accordance with clause 6;
13.12.3 refuse to accept further Orders, provide further Quotations or attend Your Site;
13.12.4 require that a named individual does not attend when Our Personnel are on Your Site, does not contact Our Personnel, or that future Interactions take place only in writing or through a contact We nominate;
13.12.5 require that Our Personnel attend Your Site only in pairs or with additional safeguards, at Your cost; and
13.12.6 report the matter to the police or any other relevant authority.
13.13 You shall pay Us on demand for all wasted time, travel, return visits and other costs We reasonably incur as a result of any breach of this clause 13.
13.14 You shall indemnify Us against all liabilities, costs, expenses, damages and losses (including legal costs and any compensation or settlement paid to Our Personnel) suffered or incurred by Us arising out of or in connection with any breach of this clause 13 by You or any of Your Representatives, including any claim brought against Us by any of Our Personnel in respect of Unacceptable Conduct.
Policies and survival
13.15 Our dignity at work, anti-harassment and health and safety policies form part of the Mandatory Policies and You shall comply with them as notified to You from time to time. Copies are available on request.
13.16 This clause 13 shall survive the completion, expiry, cancellation or termination of any Contract.
14. General
14.1 Any waiver of a part of the Contract is binding only if it is made (or recorded by Us) in writing and expressly states an intention to waive a part of these Conditions. Such a waiver shall not be deemed to be a waiver of any subsequent breach or default.
14.2 No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
14.3 Any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by Us.
14.4 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
14.5 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
14.6 If We are unable to perform Our obligation to You under the Contract or any other contract between Us and You because of a Force Majeure Event We may, without liability to You, cancel or suspend any of Our obligations to You on notice.
14.7 In order to perform this Contract We may need to disclose Your personal information to relevant third parties. We shall comply with all relevant data protection legislation and shall ensure that all such relevant third parties are contractually obliged to do so too. All personal data shall be processed in accordance with Our Privacy Policy as amended from time to time.
14.8 If any provision of this Contract (or part of any provision) is held by any competent authority to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this Contract, and the validity and enforceability of the other provisions of this Agreement shall not be affected.
14.9 Any notice given in respect of this Contract shall be deemed to have been given if delivered personally (including by courier) to either party at their respective addresses indicated on the order, or at such other address as may be notified by either party from time to time in writing, at the time of delivery or if sent by prepaid, recorded delivery, or first class post in the UK, 2 Business Days after posting or if outside the UK, 7 Business Days after posting.
14.10 Except as expressly provided for in this clause 14.10 a person who is not a party to this Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract. Our assignees shall have the right to enforce the provisions of this Contract.
14.11 We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of Our rights under the Contract and may subcontract or delegate in any manner any or all of Our obligations under the Contract to any third party.
14.12 You shall not, without Our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of Your rights or obligations under the Contract.
14.13 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales.