CAV (OXFORD) LIMITED - TERMS AND CONDITIONS – SUPPLY AND INSTALLATION
The following terms and conditions will apply to your order. Please make sure that you read them carefully before entering into this agreement.
We draw your attentions to your cancellation rights in clause 7 and the limits of our liability in clause 15.
Interpretations and Definitions
“Customer” means the person, firm or organisation that places an Order with the Supplier.
"Delivery" means our delivery of the Equipment to the Premises or when the Customer collects the Equipment from the Supplier.
"Delivery Note / Service Note" means a form to be signed by an authorised representative of both parties confirming Delivery of the Equipment or Service.
“Deposit” means any advance payment required by the Supplier in relation to the Customers Order which is to be held as security by the Supplier;
"Documentation" means all manuals and instructions accompanying the Equipment including but not limited to manufacturer's operating instructions.
“Equipment" means all or any equipment (including any part of parts of them) that we agree to install for you, as set out in the quotation.
“Force Majeure” means any event outside a party’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, sub-contractors, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events;
“Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
“Location" means the place where the equipment is to be installed as set out in the Order Confirmation.
"Order" means the Customers request for the Supplier to supply Products and or Services whether written (electronically or otherwise) or verbally.
“Order Confirmation" means when the Supplier confirms their acceptance of the Customers Order in writing.
"Premises" means the delivery address the Customer has stipulated in the Order.
“Products” means the products sold to the Customer by the Supplier;
“Services” means the services and/or work to be performed by the Supplier for the Customer in conjunction with the Installation of Equipment including any delivery and/or collection service.
“Supplier” means CAV (Oxford) Limited and will include its employees, servants, agents and/or duly authorised representatives;
“Website" means our website located at www.cavoxford.co.uk
"You", "your" means the person, firm or organisation that places an Order with the Supplier.
1 Site Visit
1.1 If the Supplier carries out a Site Visit, the Customer will need to bring to the Suppliers attention anything which is relevant to the Products and/or Services the Customer requires.
1.2 After the Supplier has carried out a Site Visit, the Supplier will give the Customer a Quotation for the Products and/or Services.
1.2 The Quotation will include a schedule setting out the Products and/or Services we are quoting to provide.
1.3 Quotations are only valid for the period of days specified on the Quotation or, where none is specified, 14 days from the date of the Quotation. If you do not accept a Quotation by placing an Order within this period, the Quotation is withdrawn unless we agree otherwise in writing.
1.4 If a Site Visit is required but the Supplier is unable to carry out an appropriate visual inspection (for example, if building works are not complete) the Supplier may need to carry out a second Site Visit and the Supplier reserves the right to charge an additional fee for that second Site Visit.
1.5 Changes to your Order and/or Quotation (including the products, price and delivery dates) may be required as a result of the second Site Visit. If changes are required the Supplier will provide the Customer with an amended Quotation or a new Quotation. If the Customer does not accept the amendments or the new Quotation, the Supplier will cancel the Order and the Customer will receive a refund of the price paid (if any), excluding the Site Visit fees.
Installation
2.1 The Supplier will only carry out the Installation using Products that the Customer has purchased from the Supplier, unless the Supplier agrees otherwise. The Customer must ensure that the Products they select and purchase are suitable for their needs and are suitable for the Installation the Customer orders.
2.2 The Customer will need to obtain all necessary planning permissions, local authority consents and other consents and permissions required for the Installation before work commences. It is not the responsibility of the Supplier to check that the Customer has obtained any required consents or permissions. The Customer must allow us to inspect these consents and permissions if we ask.
2.3 The Customer must inform us if the property where the Installation is to be carried out is listed, located within a conservation area or otherwise subject to restrictions which may impact on the Services. It is the Customers responsibility to check that the Installation will not violate any such restrictions.
2.4 The Supplier will only provide the Installation set out in the Quotation. If the Customer wants the Supplier to provide any additional services the Customer will be required to agree an additional Order with the Supplier.
2.5 The Installation will be carried out with reasonable skill and care.
2.6 The Supplier reserves the right to refuse to carry out an Installation or cancel an Order where they have reasonable grounds for doing so (such as concerns over the safety of our employees and contractors or where you ask us to perform the Installation in a manner that contradicts our reasonable recommendations). If the Supplier cancels the Customers Order in these circumstances, the Customer will receive a refund of the price paid.
2.7 If the Supplier has agreed to remove pre-existing units, fixtures or fittings this may necessarily cause some damage to surrounding areas. The Supplier will try to limit the amount of damage caused but unless the Supplier has agreed to do so or has failed to exercise reasonable skill and care, the Installation does not include the Supplier ‘making good’ any damage caused, painting, decorating or tiling.
2.8 Unless the Supplier agrees otherwise or unless resulting from the negligence of the Supplier, the Installation does not include, and the Supplier shall not be responsible for, the correction of:
2.8.1 any faults or failures in the supply of water, electricity, gas or other services to the property where the Services are to be provided nor any faults or failures in the water or drainage systems or any other conduits or systems connected to the property; or
2.8.2 accidental or wilful damage or defective works caused by other persons in relation to the property where the Installation is to be carried out.
2.9 Unless the Supplier agrees otherwise, the Installation does not include the removal of any waste, including packaging and old units, arising from the work we carry out and you will need to make your own arrangements for the disposal of such waste.
Additional works
3.1 If additional works are: (i) found to be necessary; or (ii) requested by the Customer, in each case during the course of the provision of the Installation, the Supplier reserves the right to charge additional fees for the Products and/or Services to be provided. Where such additional works are found to be necessary, work under the Customers Order will be suspended and the Supplier may provide the Customer with a quotation for the additional work. If the Customer accepts the quotation the Supplier will recommence work under the Customers Order and carry out the additional works. The provision of additional works may be subject to separate terms and conditions.
3.2 Such additional work may be fundamental to the provision of the Products and/or Services and, as a result, the Supplier reserves the right to suspend the provision of the Products and/or Services until such additional works have been completed, whether by the Supplier or a third party to the Suppliers satisfaction. If the Customer does not agree to the additional works, the Customer may cancel their Order and the Customer will be liable to pay the Suppliers charges for the Products provided and/or Services carried out prior to cancellation. The Customer will only receive a refund for that part of the Services not provided and those Products which have not been supplied or installed prior to cancellation, less any and all associated re-stocking fees.
3.3 If the Customer does not agree to the additional works and cancels their Order, the Supplier will not be responsible for ‘making good’ any damage or disruption caused, painting, decorating or tiling and, although the Supplier will try to limit the amount of damage and disruption caused, the Supplier will not be responsible for putting the property where the Services are to be provided back in the condition it was in prior to us providing the Products and/or Services, unless the Supplier has agreed to do so or the Supplier has failed to exercise reasonable skill and care.
Measurements
4.1 If the Customer provides the Supplier with measurements, the Customer must ensure they are correct and accurate. The Customer is responsible for the accuracy of the measurements they provide.
4.2 If there is an error in the measurements the Customer supplies and the Products and/or Services are made or supplied to those measurements, the Supplier will not refund the cost of the Products and/or Services provided, unless the Products are faulty or we have failed to exercise reasonable skill and care.
Delivery/Start of work
5.1 The Supplier will take reasonable steps to meet any estimated date(s) set out on the Quotation, Order Confirmation or as otherwise agreed with the Customer for starting the Installation or supply of goods. Occasionally these date(s) may be affected by factors beyond the Suppliers reasonable control and so these date(s) cannot be guaranteed. The Supplier does not recommend removing fixtures and fittings that provide essential day to day services, until shortly before the Services are due to start or (where applicable) the Customer has received their ordered Products and checked all of them for any defects or missing parts. The Supplier will let the Customer know if they become aware of an unexpected delay and will arrange a new date with them.
5.2 The Customer must take reasonable steps to collect or take delivery of the Products (where applicable) and do everything you reasonably can to ensure that the Supplier can start the Installation on any estimated or specified date(s). Where the Installation requires Products purchased by the Customer separately to their Order, the Customer is responsible for ensuring that they have sufficient suitable Products for the Supplier to perform the Services and those Products are available at the property when the Supplier starts the Installation. If the Customer does not have sufficient suitable Products, the Supplier may need to arrange a subsequent visit to complete the provision of the Installation and the Supplier reserves the right to charge the Customer a further fee for this. The Customer must let the Supplier know if they wish to re-arrange the delivery/commencement date(s) and the Supplier will arrange a new date with them.
5.3 The Customer will allow and/or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and access to utilities for the Suppliers employees, subcontractors
and/or agents to allow them to carry out the Services. The Customer will ensure that the site where the Services are to be performed is, where necessary, cleared and prepared before the Services are due to commence.
5.4 The Customer agrees to ensure that the required access to the Premises is provided upon the agreed date for Delivery and agrees to ensure that they have an authorised representative present on Delivery. If you fail to have an authorised representative present and/or fail to sign the Delivery Note, you will be deemed to have accepted the Equipment on Delivery.
5.5 If the Supplier is are unable to start the Installation or deliver the Products (where applicable) as a result of the Customers action or inaction (for example, the Customer is not present at the property or the Customer has not cleared the area where the Installation is to be carried out), and Supplier will need to arrange a subsequent visit to complete the provision of the Installation or deliver the Products. The supplier reserves the right to charge the Customer a further fee for such delay, postponement and/or cancellation except where the Customer is acting as a consumer and the delay is due to a Force Majeure event.
5.6 Unless the Supplier has agreed otherwise, Products must be signed for on delivery by a person aged 18 or over. Delivery will be completed when we deliver the Products to the address you specified in your Order.
5.7 For reasons of health and safety and to avoid any property damage, certain Products can only be delivered to the exterior of a ground floor location at the delivery address. The Customer must therefore make their own arrangements at their own risk if the relevant Products need to be transported from the delivery location, unless the Supplier has agreed to do this as part of the Services.
Risk and ownership
6.1 If any Products are provided to the Customer by the Supplier, or an authorised third party on our behalf, on delivery of the Products to the Customer (or collection of the Products by the Customer), all risk of damage to, or loss of, them shall pass to the Customer and the Customer will be responsible for them.
6.2 The Customer will need to safely and properly store any Products which are delivered to you before Services start (where applicable).
6.3 Ownership of the Products will only pass to the Customer on receipt of full payment to the Supplier; and
6.4 Until ownership of the Products passes from the Supplier to the Customer, the Customer shall hold the Products on the Suppliers behalf and shall store the Products at their own cost separately from all other products in the Customers possession and marked in such a way that they are clearly identified as the Suppliers property. The Supplier may, before ownership of the Products passes to the Customer, require the Customer to deliver up the Products to the Supplier and, if the Customer fails to do so, may repossess the Products. The Customer grant us an irrevocable licence to enter, with or without vehicles, any of their premises for the purpose of inspecting or repossessing the Products.
6.5 If the Customer cancels their Order, the Customer must keep good care of the Products before returning them to the Supplier.
Cancellation and returns
7.1 This section sets out the Suppliers cancellation and returns policy. The Suppliers cancellation and returns policy set out below is in addition to, and does not affect, your legal rights as a consumer.
If the Customers Order is for Installation only, please see Clause 7.2 for the Customers cancellation rights.
If the Customers Order is for Products (Supply) and Installation, please see Clause 7.3 for the Customers cancellation rights.
If the Customers Order is for Products (Supply) only, please see Clause 7.4 for the Customers cancellation rights.
If the Customer Order is a Supply and Install Order, the Customer may cancel the Installation element and the Product (Supply) element separately in accordance with Clause 7.2 and Clause 7.4 respectively.
7.2 Order for Installation
7.2.1 The Customer may cancel their Order for the Installation for any reason after the Customer has placed their Order and thereafter for up to 14 days commencing the day after the date we accept your Order (as set out in Clause 2). The Customer will lose their right to cancel after the expiry of this period.
7.2.2 The Customer can exercise their right to cancel their Order by contacting the Supplier. To meet the cancellation deadline, it is sufficient for the Customer to send their communication concerning their exercise of the right to cancel before the cancellation period has expired.
7.2.3 If the Supplier has not started to provide the Installation at the Customers request before the end of the cancellation period the Customer will receive a full refund of the price paid for the Services.
7.2.4 If the Supplier starts providing the Installation at the Customers request before the end of this period then the Customer will be required to pay the Suppliers charges for the Services carried out prior to the Customer contacting them.
7.2.5 The Customer will only receive a refund for that part of the Installation not provided. The Customer will not have the right to cancel their Order for Installation once the Supplier has completed the Installation.
7.2.6 Any refund will be paid within 30 days after the day on which the Customer informs the Supplier of their decision to cancel their Order and will be made using the same means of payment as the Customer used to pay for their Order.
7.3 Order for Products (Supply) and Installation
7.3.1 The Customer may cancel their Supply and Install Order for any reason after they have placed their Order and thereafter for up to 14 days commencing the day after the date the Supplier accepts their Order. The Customer will lose their right to cancel the Installation element of your Order after the expiry of this period.
7.3.2 The Customer can exercise their right to cancel their Order by contacting the Supplier. To meet the cancellation deadline, it is sufficient for the Customer to send their communication concerning their exercise of the right to cancel before the cancellation period has expired.
7.3.3 If the Supplier has not started to provide the Installation at the Customers request or supply the Products before the end of the cancellation period the Customer will receive a full refund of the price paid the Installation and Products, less any and all associated re-stocking fees.
7.3.4 If the Supplier has started to provide the Installation or supply the Products before the end of this period then the Customer will be required to pay for the Installation carried out and for the Products which have been supplied, prior to the Customer contacting the Supplier.
7.3.5 The Customer will only receive a refund for that part of the Installation not provided and those Products which the Supplier has not supplied and / or installed prior to the Customer contacting the Supplier, less any and all associated re-stocking fees. The Customer will not have the right to cancel their Order for Installation once the Supplier has completed the Installation.
7.3.6 Any refund for the Services will be paid within 30 days after the day on which the Customer informs the Supplier of their decision to cancel their Supply and Install Order and will be made using the same means of payment as the Customer used to pay for their Order, unless we agree otherwise.
7.3.7 The conditions, time limits and procedures for exercising the Customers right of cancellation with respect to the Product element of their Supply and Install Order (including the arrangements for receiving a refund).
7.4 Order for Products (Supply)
7.4.1 The Customer may cancel their Order for Products for any reason before delivery by contacting the Supplier.
7.4.2 The Customer will lose their right to cancel after the expiry of this period (this does not affect their rights if there is any problem with the Products).
7.4.3 To meet the cancellation deadline, it is sufficient for the Customer to send their communication to the Supplier, concerning their exercise of their right to cancel, before the cancellation period has expired.
7.4.4 The Customers right to cancel in respect of Products is subject to the following exclusions:
7.4.4a Products which are cut, made to measure or otherwise customised or made to your specifications will not be exchanged or refunded unless they are faulty;
7.4.5 Following cancellation, the Supplier will refund the Customer the price paid for the cancelled Products, less any collection or return costs and all associated re-stocking fees. Where the Customer cancels the entire order before all goods are delivered the Supplier will also refund the delivery charges paid. Where the Customer cancels part of an Order, the Supplier may recalculate any applicable delivery charge and deduct this from the refund. The Supplier will pay the refund within 30 days after the day:
7.4.5a The Customer notified us to cancel their Order, where the Customer has not received the Products (and the Products have not been dispatched to them); or
7.4.5b The Supplier receives the Products the Customer returned to them, where the Customer was in receipt of the Products; or
7.4.5c The refund will be made using the same means of payment as the Customer used to pay for the Order.
7.5 The Customer must arrange for the return of the Products as soon as possible and in any event not later than 14 days after the day on which the Customer cancels their order. Unless the Products are faulty, the Customer will be responsible for the cost of returning the Products. For certain Products the Supplier offers a collection service. Please contact the Supplier for further details. The Supplier may charge a fee for this service (the fee will depend on the Products returned).
7.6 The Customer must keep the Products they wish to return in their possession and take reasonable care of the Products at all times while they are in their possession. This means that the Customer must not use the Products (except to the extent reasonably necessary to inspect and examine them).
7.7 The Supplier reserves the right to make a deduction from the amount of any refund for loss in value of the Products returned where the Products show signs of unreasonable use; for these purposes, unreasonable use includes handling the Products beyond what is necessary to establish the nature, characteristics and functioning of the Products, in particular, if it goes beyond the sort of handling that might reasonably be allowed in a shop. Where the Customer is in possession of the Products (or the Products have been dispatched to you), the Supplier may withhold any refund until the Supplier has received the Products.
Payment
8.1 The amount of any Deposit for any Services shall be as quoted to the Customer. Where a Deposit is required it must be paid in advance of the supply, installation, sale or service.
8.2 The Customer shall pay the supplier on presentation of the supplier’s invoice and in accordance with the supplier’s terms as indicated on the invoice. The Supplier’s prices are, unless otherwise stated, exclusive of any applicable VAT for which the Customer shall additionally be liable.
8.3 Payment by the Customer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to be made until the Supplier has received either cash or cleared funds in respect of the full amount outstanding.
8.4 If the Customer fails to make any payment in full on the due date the Supplier reserves the right to charge the Customer interest on the amount unpaid at the rate implied by law under the Late Payment of Commercial Debts (Interest) Act 1998 (where applicable) or at the Bank of England Base Rate whichever is higher. In addition, the supplier may take further action to recover the debt.
8.5 The Customer shall pay all sums due to the Supplier under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.
8.6 The Supplier may set a reasonable credit limit for the Customer. The Supplier reserves the right to terminate or suspend the Contract if allowing it to continue would result in the Customer exceeding its credit limit or the credit limit is already exceeded.
9 Default
9.1 If the Customer:-
9.1.1 fails to make any payment to the Supplier when due without just cause;
9.1.2 breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 14 days of receiving notice requiring the breach to be remedied;
9.1.3 persistently breaches the terms of the Contract;
9.1.4 provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
9.1.5 being a company, ceases or threatens to cease to carry on business, enters into voluntary or compulsory liquidation, has a receiver, administrator or administrative receiver or in the Republic of Ireland an examiner appointed over all or any of its assets, any attachment order/arrestment is made against the Customer, any distress/diligence, execution or other legal process is levied on any property of the Customer or the Customer takes or suffers any similar action in any jurisdiction;
9.1.6 appears reasonably to the Supplier due to the Customer’s credit rating to be financially inadequate to meet its obligations under the Contract; and/or
9.1.7 appears reasonably to the Supplier to be about to suffer any of the above events, then the Supplier shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 12.2 below.
9.2 If any of the events set out in clause 9.1 above occurs in relation to the Customer then:-
9.2.1 except where the Customer is acting as a consumer the Supplier may enter, without prior notice, any premises of the Customer (or premises of third parties with their consent) where Hire Goods and/or Products owned by the Supplier may be and repossess any Hire Goods and/or Products;
9.2.2 the Supplier may withhold the performance of any Services and cease any Services in progress under this and/or any other Contract with the Customer;
9.2.3 the Supplier may immediately cancel, terminate and/or suspend without Liability to the Customer the Contract and/or any other contract with the Customer; and/or
9.2.4 all monies owed by the Customer to the Supplier shall immediately become due and payable.
9.3 Any repossession of the Hire Goods and/or Products shall not affect the Supplier’s right to recover from the Customer any monies due under the Contract and/or any damages in respect of any breach which occurred prior to repossession of the Hire Goods and/or Products.
9.4 Upon termination of the Contract the Customer shall immediately;
9.4.1 return the Hire Goods to the Supplier or make the Hire Goods available for collection by the Supplier as requested by the Supplier; and
9.4.2 pay to the Supplier all arrears for Rentals, Charges for any Services, monies for any Products and/or any other sums payable under the Contract
Risk, Ownership and Insurance
10.1 Ownership of any Product or Installation remains with the Supplier until all monies payable to the Supplier by the Customer for the Products have been paid in full.
10.2 Where the Customer’s right to possession has terminated, section 12.1, the Customer grants the Supplier, the Suppliers agents and employees an irrevocable licence at any time to enter any Location where the Equipment is, in order to recover the Equipment.
Faulty Products
11.1 On receipt of the Products the Customer must check they match their Order. If there is any problem, or if they are defective or damaged the Customer must notify the Supplier as soon as is reasonably possible. Claims may be reduced or rejected if the Supplier has not been given an opportunity to put matters right.
11.2 In addition to the right to cancel an Order as described in Clause 7, if there is a problem with the Products or the Products are faulty, the Supplier may make good any shortage or non-delivery, or offer a repair, exchange or refund as appropriate in accordance with the Customers consumer rights. Please contact the Supplier to arrange.
The Suppliers right to cancel
12.1 The Supplier may cancel this agreement by notice in writing to the Customer if:
12.1.1 the Customer is in breach of their agreement with the Supplier,
12.1.2 the Customer becomes unable to pay their debts when they fall due or proceedings are, or are reasonably likely to, be commenced by or against the Customer alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of the Customers undertaking and assets.
12.1.3 Upon cancellation, any money due to the Supplier in respect of this agreement which has been cancelled shall become immediately due and payable and the Supplier shall be under no further obligation to provide Products or Services to the Customer, provided that where the Customer has paid for Products or Services in advance of the Suppliers cancellation of this agreement, the Supplier shall, at their discretion, supply those Products or Services to the Customer or cancel the provision of the same and refund the price the Customer paid.
13 Limitations of Liability
13.1 If the Supplier is found to be liable in respect of any loss or damage to the Customer’s property the extent of the Supplier’s Liability will be limited to the retail cost of replacement of the damaged property.
13.2 The Customer shall give the Supplier a reasonable opportunity to remedy any matter for which the Supplier is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so the Supplier shall have no Liability to the Customer.
13.3 The Supplier shall have no Liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against the Supplier.
13.4 The Supplier shall have no Liability to the Customer for any:-
13.4.1 consequential losses (including loss of profits and/or damage to goodwill);
13.4.2 economic and/or other similar losses;
13.4.3 special damages and indirect losses; and/or
13.4.4 business interruption, loss of business, contracts and/or opportunity.
13.5 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:-
13.5.1 Liability for breach of contract;
13.5.2 Liability in tort/delict (including negligence); and
13.5.3 Liability for breach of statutory and/or common law duty; except clause 13.9 above which shall apply once only in respect of all the said types of Liability.
13.6 Nothing in this Contract shall exclude or limit the Liability of the Supplier for death or personal injury due to the Supplier’s negligence nor exclude or limit any other type of Liability which it is not permitted to exclude or limit as a matter of law.
General
14.1 The Supplier will not be liable or responsible for any failure to perform, or delay in performance of the Services or any of the Suppliers obligations under these Terms, nor for any defect or damage to Products, or for any failure or delay in supply or delivery of Products, in each case that is caused by events outside the Suppliers reasonable control (including, without limitation, the following to the extent these are outside the Suppliers reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
14.2 The Supplier will take reasonable steps to display as accurately as possible the colours, appearance and other detailing of our Products (and their packaging) in the images the Supplier provides to the Customer. However, the Supplier does not guarantee that the images, appearance and other detailing that appear on the images will exactly reflect the colour, appearance or detailing of the physical Product (or its packaging). The Customers Products (and their packaging) may vary slightly from those images.
14.3 Any information provided by the Supplier to the Customer regarding sizing, weights, capacities, specifications, dimensions and measurements of Products are included as a guide only. If the Customer is concerned about the precise size, weight, capacity, specifications, dimensions or measurements of any Product they require, the Supplier recommends that you contact them prior to placing an Order and/or purchasing a Product.
14.4 If any provision of these Terms (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable in whole or in part, the validity, legality or enforceability of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
14.5 No person other than the Customer and the Supplier shall have any rights to enforce this agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
14.6 The Customer may not assign or transfer their rights or obligations under this agreement, unless the Supplier agrees in writing.
14.7 If the Supplier fails, at any time while these Terms are in force, to insist that the Customer perform any of their obligations under these Terms, or if the Supplier does not exercise any of their rights or remedies under these Terms, or the Suppliers delays in doing so, that will not mean that the Suppliers has waived such rights or remedies and will not mean that the Customer does not have to comply with those obligations. If the Supplier does waive a default by the Customer, that will not mean that the Supplier will automatically waive any subsequent default by the Customer. No waiver by the Supplier of any of these Terms shall be effective unless the Supplier expressly say that it is a waiver and the Supplier tell you so in writing.
14.8 The Supplier may update, vary and amend these Terms from time to time without prior notice. When the Customer places an Order, the Terms in force at that time will apply.
Use of the Customers personal information
15.1 In the course of the Suppliers dealings with the Customer they will collect and process personal information about the Customer, including to administer and process the Customers Order, and to provide the Survey, Products and/or Services. If the Survey, Products and/or Services are provided by a third party on our behalf, your personal information will be passed to the third party for those purposes. We may also engage third parties to verify and audit the Services that are performed for quality control and regulatory purposes; in these circumstances, your personal information will be disclosed to the third party.
15.2 Further information on the manner in which the Supplier processes personal information is set out in the Suppliers Privacy Policy, a copy of which is available on their Website.
Governing law and venue for disputes
16.1 Subject to the following paragraph, the Customer and the Supplier agree that this agreement is governed by the law of England and Wales and that any dispute between the Customer and the Supplier arising out of or in connection with this agreement (including non-contractual disputes or claims) will only be dealt with by the courts of England and Wales.
Contacting us and you
17.1 If the Customer has any questions, complaints or concerns with respect to their Order or these Terms, please contact the Supplier as follows:
17.2 by telephone: on 01865 968500 (Monday to Friday 8am to 5pm);
17.3 by email to info@cavoxford.co.uk; or
17.4 by post at: Unit A Oakfield Industrial Estate, Eynsham. OX29 4TH.
17.5 If the Supplier has to contact the Customer or give the Customer notice in writing, the Supplier will do so by email or by hand or by pre-paid post to the address the Customer provides to the Supplier in their Order or the Supplier otherwise hold for them.