Conditions of Sale and Use of Frozen Brothers Limited Equipment
These are the terms and conditions under which we will provide goods and services to you and govern your use of the Equipment (the Terms). Please read these Terms carefully. By placing your order or entering into an agreement to rent the equipment, you agree to these terms.
1. Definitions and Interpretation:
1.1. “The Owner” means the company identified as the Owner of the Equipment, its successors or assigns and/or its contractors, employees, affiliates, assigns or suppliers; to any contract between the Owner and the Renter for the Equipment.
1.2. “The Renter” means the person, owner or company identified as the Renter of the Equipment in a contract between the Owner and the Renter for the Equipment.
1.3. "Free Loan" means a contract between the Owner and the Renter for the Equipment, with no rental charges payable to the Owner.
1.4. “The Supplier” means Frozen Brothers Limited, its successors or assigns, any other company in the Frozen Brothers Limited group of companies and/or its sub-distributors, contractors, employees, affiliates, appointees or suppliers.
1.5. “The Retailer” means the person, owner or company identified as the retailer who contracts with the supplier for the products, equipment and services.
1.6. 'The Tenant' and/or 'the Shopkeeper' are collectively referred to herein as 'the Customer'.
1.7. “We”, “Us” or “Our” means “the Supplier”.
1.8. "You", or "Your" means the Customer.
1.9. "The Trademark" means any marks, names or marks owned, licensed, used or supplied by the supplier, details of which we will send to you if you ask us.
1.10. “The Equipment” means any freezer for the delivery of the Product (including the delivery equipment and any video screen or display and any ancillary equipment or any add-ons or accessories), which is used for the exclusive purpose of delivering the Products and which remains the property of of the Owner at all times.
1.11. 'Freezer': an operational freezer that can deliver ready-to-eat products.
1.12. "The Location" means the address identified as the installation and service address of the Equipment.
1.13. “The Services” means the services provided by Supplier to install, remove or replace, repair or maintain the Equipment in working order.
1.14. "The Products" means the beverages (including, but not limited to Premixes and Flavors for use in the Equipment) made or supplied by the Supplier, details of which we will send to you if you request us to do so.
1.15. "The Cups" means the containers and/or the lids for those containers, supplied by the Supplier to the Customer, in which the Product is sold to third parties
1.16. “The Products, Equipment and Services” means the Products and/or the Cups and/or the Equipment and/or the Services provided by the Supplier.
1.17. “The Ready to Drink Product” or “RDP” means the Product diluted with drinking water and dispensed in accordance with instructions provided by the Supplier from time to time.
1.18. "Units of Products" means the amount of Products required to make 300 ml of RDP.
1.19. A "Business Day" means any day other than a Saturday, Sunday or public holiday in the local jurisdiction on which banks are open for business.
1.20. “Business Hours” means 9:00 AM to 5:00 PM local time during a Business Day in the local jurisdiction.
1.21. Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.
1.22. Unless the context otherwise requires, a reference to one gender includes a reference to the other genders.
1.23. A reference to a law or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
1.24. A reference to any statute or statutory provision includes any subordinate law made from time to time.
1.25. A reference to written or written includes email.
1.26. Any obligation on a party's part not to do something includes an obligation not to let it happen.
1.27. This Agreement applies to these terms and conditions to the exclusion of all other terms, including any terms that Customer claims to apply to any order, purchase order, order acknowledgment or other document.
1.28. These terms and conditions apply to all sales and/or deliveries of the Products, Equipment and Services by the Supplier. Any amendment to these terms and conditions and any representations regarding the Products, Equipment and Services shall have no effect unless expressly agreed in writing and signed by a director of the Supplier. Nothing in this condition shall exclude or limit Supplier's liability for fraudulent misrepresentation.
2. The Supplier agrees:
2.1. To install the Equipment safely and quickly and at a location and position as agreed with the Customer; and provide appropriate and sufficient training in relation to the Equipment, details of which we will send to you if you ask us to; and
2.2. upon notification by Customer of a failure or malfunction of the Equipment, to take reasonable steps to provide the services necessary to repair or replace the Equipment and to maintain the Equipment in working order; and
2.3. to supply Customer with the Products and Cups for use with the Equipment at the current list price (and discount rates, if any), as published from time to time.
3. The Customer undertakes and agrees:
3.1. That the Equipment shall at all times remain the property of the Owner and that the Customer will take good care of it while it is in its possession, custody or control.
3.2. To provide floor space, potable water, electricity and access for the normal operation of the Equipment.
3.3. To comply with all applicable planning and health and safety regulations.
3.4. To keep the Equipment operational at all times and not to turn off or disconnect the Equipment without the consent of the Supplier, except in the event of on-site contingencies.
3.5. Notify the Supplier within one (1) Business Day after the Equipment has been damaged in any way or has become the subject of a claim.
3.6. To notify Supplier within one (1) Business Day of any failure or malfunction of the Equipment, using systems as Supplier shall specify to Customer from time to time; and permit Supplier access to the Equipment to perform reasonable inspections and repairs, and to permit removal or replacement of the Equipment during normal business hours.
3.7. The Supplier will register a reported Fault on the instructions of the Customer as a Major Fault or a Minor Fault.
3.8. A Major Failure is determined when the Site is unable to issue RDP.
3.9. A Minor Error is considered a minor or cosmetic repair when the Site can still issue RDP pending the repair.
3.10. To pay for the Products and Cups at the time of placing the order, unless otherwise agreed by the Supplier.
3.11. To prepare and issue the RDP in strict accordance with the procedures supplied with the Equipment, details of which we will send to you if you ask us to.
3.12. To issue and sell all RDP only in the cups sold or supplied by the supplier.
3.13. To keep the outside of the Equipment clean at all times and to follow the cleaning procedures supplied with the Equipment, details of which we will send to you if you ask us to.
3.14. Not affix any advertising material or any other item from any other source to the outside of the Equipment, or alter any aspect of the trademark, logos, graphics or branding of the Equipment and/or the Products.
3.15. To maintain, properly operate and maintain the Equipment at all times in good condition, in good working order and in working order, strictly in accordance with the procedures supplied with the Equipment, details of which we will send to you if you asks us for that.
3.16. To keep the Equipment in its exclusive possession, custody or control and not to allow anyone except Supplier, its contractors or employees to tamper with or move the Equipment from the Site.
3.17. To use the Equipment solely for the purpose of freezing or dispensing the Products.
3.18. Use the Equipment or Products solely in accordance with this agreement and for no other purpose.
3.19. Reasonable wear and tear is prevented to ensure that the Equipment is returned to the Supplier free of debris, RDP or any other foreign material.
3.20. If the Customer breaches any of the conditions 3.15, 3.16, 3.17, 3.18, 3.19, the Supplier may have the work performed that is reasonably necessary to restore the Equipment to a good state of repair and condition. The Customer indemnifies the Supplier against and, upon request, pays the Supplier for all costs and expenses that the Supplier has incurred or will incur in connection with those works.
3.21. That Supplier has the exclusive right to publish, transmit, display, distribute, select and or modify any content, advertising or promotion displayed on any video screen or display associated with or connected to the Equipment without compensation to you.
4. The equipment
4.1. If the Equipment is replaced or replaced by the Supplier at any time, it will be with equipment of a comparable type, grade and quality; and
4.1.1. all replacement Equipment shall become the property of Owner and shall be deemed to be the Equipment for the purposes of this Agreement; and
4.1.2. the Customer will take all necessary steps to ensure that replacement Equipment becomes the Owner's property.
4.2. If the Equipment is supplied 'Free on Loan' for a fixed loan period, the Customer (unless expressly agreed otherwise in writing and signed by a director of the Supplier) shall pay from the Supplier a minimum number of Units of Products and Cups per freezer per year for each year of the fixed loan period.
4.2.1. The minimum purchase of Products is the number of Products required to make 20,000 Units of Products per freezer per year for each year of the fixed loan period; and
4.2.2. the minimum purchase of Cups is the number of Cups required to sell the volume of RDP produced by the minimum purchase of Products per freezer per year for each year of the fixed loan period.
4.2.3. Purchases below the figures set out in conditions 4.2.1 and 4.2.2 above shall permit, but shall not oblige the Supplier (in its sole discretion on a quarterly basis) to terminate the agreement in accordance with Clause 11.1 and, if applicable, pay relevant damages. claim for the full amount entitled to this agreement.
5. Food Hazard
5.1. A food hazard is determined to be an incident or potential emergency where the customer believes a product or RDP may be hazardous or should be recalled.
5.2. In the event of a food risk, the customer sends an email to foodhazardrisk@frozenbrothers.com within 15 minutes of being notified of a potential food risk, and in that email the customer must provide the supplier with all the information that reasonably available to him in relation to the Product or RDP.
5.3. The Customer shall not initiate a recall of the Product without notifying the Supplier.
5.4. Supplier may reasonably act (but shall have no obligation to) assume and manage any product recall in accordance with its internal Product Recall Procedure.
6. Delivery and delivery
6.1. All dates specified by Supplier for delivery or delivery of the Products, Equipment and Services are for estimate purposes and the time of delivery or delivery shall not be materialized by notice.
6.2. Subject to the other provisions of these terms and conditions, the supplier shall not be liable for any direct, indirect or consequential loss (all three terms include, without limitation, loss of profits, loss of business, depletion of goodwill and similar losses), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery or delivery of the Products, Equipment and Services (even if caused by Supplier's negligence), nor shall any delay entitle Customer to terminate or dissolve this Agreement unless such delay exceeds one hundred and eighty (180) days.
6.3. Any liability of the Supplier for non-delivery of the Products and/or Cups is limited to replacing the Products and/or Cups within a reasonable time or issuing a refund or credit note at the pro rata contract rate against each invoice those for such Products and or cups.
6.4. The Customer agrees that the enforcement of any right against the Supplier with respect to the breach of the terms or warranties of this Agreement must be brought through direct action against the Supplier and that these shall not give rise to any set-off or claim or counterclaim against the owner of the equipment.
6.5. Customer agrees that enforcement of all rights against Sub-distributor(s) with respect to breach of the terms or warranties of this Agreement must be brought by direct action against Sub-distributor(s) and they do not give any right of set-off or claim or counterclaim against the Supplier.
7. Risk/Title
7.1. The Products and the Cups are at the risk of the Customer from the moment of delivery.
7.2. Ownership of the Products and the Cups shall not pass to the Customer until the Supplier has paid all amounts owed to it in respect of the Products and the Cups, and all other amounts owed to the Supplier on any account whatsoever. be provided by the Customer.
7.3. Until title in the Products and Cups has passed to Customer, Customer must hold the Products and Cups on a fiduciary basis as the Supplier's custodian; and
7.4. store the Products and the Cups (at no cost to the Supplier) separately from all other products of the Customer or a third party in such a way that they remain easily recognizable as the property of the Supplier; and
7.5. destroy, obscure or obscure any identifying mark or packaging on or in relation to the Products and/or the Cups; and
7.6. keep the Products and Cups in good condition and insured against all risks on behalf of the Supplier for the full price to the reasonable satisfaction of the Supplier; and
7.7. keep the proceeds of the insurance referred to in paragraph 7.6 in the custody of the Supplier and do not mix it with other money, nor deposit the proceeds into a bank account in overdraft.
7.8. The Customer may resell the Products and the Cups before ownership has passed to him, subject only to the following conditions:
7.9. any sale will be made in the ordinary course of the Customer's business at full market value; and
7.10. such sale shall be a sale of the property of the supplier on behalf of the customer and the customer shall act as principal in making such sale.
7.11. The Customer's right to possess the Products and/or the Cups ends immediately if:
7.12. the Client declares bankruptcy or makes an arrangement or agreement with its creditors, or otherwise makes use of any provisionally applicable statutory provision to relieve insolvent debtors, or (being a legal person) a meeting of creditors (formal or informal), or goes into liquidation (voluntary or obligatory), except in a solvent voluntary liquidation for the sole purpose of reconstruction or amalgamation, or has appointed a receiver and/or manager, receiver or administrator for his company or any part thereof, whether documents have been filed in court for the appointment of an administrator of the Client or the notice of intent to appoint an administrator is given by the Client or its directors or by an eligible holder of floating charges (as defined in section 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or an application is filed in a court for the dissolution of the Client or for the granting of an injunction order in respect of the Client, or initiated proceedings regarding the insolvency or possible insolvency of the Customer; or whether proceedings are initiated in relation to the insolvency or potential insolvency of the Customer; or whether proceedings are initiated in relation to the insolvency or potential insolvency of the Customer; or
7.13. the Customer suffers or permits any enforcement, whether lawful or equitable, to be levied on his/her property or obtained against him/her, or fails to fulfill any of his/her obligations under this Agreement or any other Agreement between the Supplier after and the Client, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Client ceases trading; or
7.14. the Customer encumbers or in any way charges for the Products and/or the Cups.
7.15. The Supplier shall be entitled to recover payment for the Products and/or the Cups, even if title to the Products and/or the Cups has not passed from the Supplier.
7.16. The Customer grants the Supplier, its contractors and employees and/or its Sub-distributor(s) an irrevocable license at all times to enter any premises where the Products and/or the Cups are or may be stored in order to inspect them or, where the Customer's right of possession has ended in order to reclaim it.
8. Payment Terms
8.1. Unless otherwise agreed by the Supplier, the price for the Products and the Cups will be the price stated in the Supplier's price list published on the date of delivery or deemed delivery.
8.2. The prices for the Products and the Cups are exclusive of any value added tax and any costs or charges related to loading, unloading, carriage and insurance, any amounts that the Customer will pay in addition to payment for the Products and the cups.
8.3. Payment of the price for the Products and the Cups is due at the time of placing the order, unless otherwise agreed by the Supplier.
8.4. When the Customer and the Supplier have entered into a credit account agreement, it is an essential condition of this Agreement that the Supplier receives all payments on their due dates without prior notice.
8.5. No payment shall be deemed to have been received until the supplier has received the funds available.
8.6. All payments due to Supplier under this Agreement shall become immediately due and payable upon termination of this Agreement, notwithstanding any other provision.
8.7. Customer will make all payments due under this Agreement without any deductions, whether by way of set-off, counterclaim, discount, discount or otherwise, unless Customer has a valid court order requiring an amount equal to such withholding by the Supplier must be paid to the customer.
8.8. If the date for payment of any amount under this Agreement is not a Business Day, payment will be taken on the following Business Day. If there is no corresponding date in the month, the payment will be collected on the last Business Day before that date.
8.9. If Customer fails to pay Supplier any amount due under this Agreement, Supplier reserves the right to charge interest, fees and reasonable collection costs under the Late Payment of Payments Act. trade payables on all amounts that remain unpaid on the date specified in the installment. 8.8 above, without prejudice to any other rights the Seller may have against the Customer, and to charge a minimum of £25 for any check unpaid by the Buyer's bank and a minimum of £25 for any check which is returned with the statement "Please Represent".
8.10. If Customer fails to pay any amount under this Agreement when it is due or Supplier enforces this Agreement, Customer shall also pay all reasonable costs incurred in enforcing and maintaining this Agreement, including, but not limited to, administration fees, costs of recovery of the Equipment (if applicable) and all legal costs on a full fee basis.
9. Claims, Returns, Cancellations and Refunds - Products and Cups
9.1. The Supplier accepts no liability for loss or damage to the Products and/or the Cups during transport unless the Products and/or the Cups are examined immediately after receipt; and
9.2. the Customer will notify the Supplier of any claim for short delivery or damage to the Products and/or Cups within three (3) business days of receipt of the shipment; and the relevant delivery document is endorsed with details of apparent loss or damage.
9.3. You are entitled to a refund, replacement or credit note for Products or Cups that arrive damaged, leaky, or have been mis-delivered. Any item that you have incorrectly ordered or have changed your mind may be eligible for a return and replacement, you may be liable for the return costs and if approved you may incur a processing charge of 20% of the item value or £25 (whichever is less) apply .
9.4. Before requesting a return, replacement, refund or voucher, please contact a customer service representative who will investigate your concerns and advise whether your product or cups may be returned, replaced, refunded or voucher will be issued and, if approved, we will provide you with a Returns Authorization Number (RTN) and instructions on how to proceed. If the purchased item cannot be returned, you will be notified by a customer service representative.
9.5. Once an item has been returned, we will inspect your products or cups and investigate any claimed defects or errors, and process a refund, replacement or credit note, if applicable. If we do not believe that a refund, replacement or credit note applies when inspecting your returned products or cups, your claim will be rejected and you may be liable for the cost of return.
9.6. Replacements, refunds or credit notes will not be issued until your return and our inspection of the Products or Cups has been completed.
9.7. Refunds will be made using the payment method used for the purchase.
9.8. Credit notes or substitutions will be issued to the account used to purchase the Products or Cups.
9.9. Where applicable, any replacements, refunds or credit notes will be made less the return and handling charges.
9.10. We aim to process replacements, refunds and credit notes within five (5) business days of receipt by us of the return.
9.11. Your refund or credit note will be issued in the same currency as the payment for the items. It may take an additional ten (10) business days after your refund has been applied for it to be credited to your account.
9.12. The Supplier does not accept returns of the following items:
9.12.1. Any item without an approved Returns Authorization Number (RTN) issued by a customer service representative.
9.12.2. Any item opened or used or damaged or illegible.
9.12.3. Any item not in the unused, unopened, original packaging.
9.12.4. Any item for which no clear payment has been received.
9.13. If for any reason you are not satisfied when you receive your Products or Cups, you have the right to cancel and return your order. Frozen Brothers Ltd offers cancellation and returns within fourteen (14) days of receipt of shipment.
10. Limitation of Liability
10.1. The following provisions set forth the Supplier's entire financial liability (including any liability for the acts or omissions of its employees or contractors) available to Customer for any breach of these terms and conditions; and
10.2. any representation, representation or tort or negligence, including any negligence arising out of or in connection with this Agreement.
10.3. All warranties, conditions and other terms implied by statute or common law (except those implied by section 12 of the Sale of Products Act 1979) are, to the fullest extent permitted by law, excluded from this Agreement.
10.4. Nothing in these terms and conditions excludes or limits Supplier's liability for death or personal injury caused by Supplier's negligence or fraudulent misrepresentation.
10.5. Subject to clauses 10.3 and 10.4, the Supplier's aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising out of the performance or contemplated performance of this Agreement , limited to £3,000,000 in respect of any incident or series of incidents related or unrelated in any 12 month period;and the supplier shall not be liable to the customer for any pure economic loss, loss of profit, loss of business, exhaustion of goodwill or otherwise, in any case direct, indirect or consequential damages, or any claim for consequential compensation of any kind (however caused) arising out of or in connection with this Agreement.
11. Term and termination of the agreement
11.1. Supplier may, in its sole discretion and for any reason, give Customer seven (7) days notice to terminate this Agreement at any time.
11.2. The Supplier may terminate the Customer with immediate effect if:
11.3. the Customer commits a serious breach of any of the terms of this Agreement and that breach (if it can be remedied) is not remedied within fifteen (15) business days after the Supplier has been notified that it must be remedied; or
11.4. an order is given or a decision is made to liquidate the Client, or an order is given to appoint an administrator to administer the affairs, affairs and property of the Client, or such an administrator is appointed or documents are deposited with the court for the appointment of a trustee or notice of intent to appoint a trustee is given by the client or its directors or by an eligible holder of floating charges (as defined in paragraph 14 of Schedule B1 at the Insolvency Act 1986), whether a trustee or manager or trustee is appointed in respect of all or any portion of the client's assets or business or circumstances arise which entitle the court or a creditor to appoint a trustee or manager or trustee or which gives the court the right to liquidate or file for bankruptcy, or Customer takes or suffers any similar or analogous action as a result of a debt, or any settlement or settlement has been made by Customer with its creditors or a petition to a court for protection against its creditors is made by the Customer; or whether the Customer takes or suffers any similar or analogous action as a result of a debt, or any settlement or settlement has been made by the Customer with its creditors or a request to a court for protection against its creditors is made by the Customer; or whether the Customer takes or suffers any similar or analogous action as a result of a debt, or any settlement or settlement has been made by the Customer with its creditors or a request to a court for protection against its creditors is made by the Customer; or
11.5. there is a change of control over the Client (as defined in section 574 of the Capital Allowances Act 2001); or
11.6. the Customer ceases or threatens to cease conducting all or a substantial part of its business or transfer all or a substantial part of its business to a third party; or transfer all or a substantial portion of its business to a third party; or
11.7. the Customer claims to transfer its rights or obligations under this Agreement.
11.8. Upon such termination, Customer shall immediately pay to Supplier as indebted all amounts arrears then due by way of payment and other amounts due and unpaid on the date of termination, together with any interest thereon payable. paid under clause 8.9 above; and any other amounts due or becoming due to the Supplier, including but not limited to amounts due under terms 3.20 and/or condition 7.15 above.
12. Assignment
12.1. The Customer may not assign this Agreement, in whole or in part, unless expressly agreed in writing and signed by a director of the Supplier, and if such agreement is reached, this Agreement shall not cease to the extent that the Customer shall remain liable to the Supplier for the Equipment and which remains the property of the Owner at all times. However, the supplier may transfer its own interest in this agreement and give notice to the customer thereof, in which case this agreement will continue to exist as before, except that the assignee thereafter will assume the benefits and obligations of the supplier under this agreement. takes. Agreement.
13. Disclaimer
13.1. The Customer shall indemnify the Supplier for the installation costs, the costs of removal, renovation and all other foreseeable costs related to the Equipment, in the event that either party terminates this Agreement for any reason.
13.2. The Customer shall indemnify the Supplier against all legal costs (including third party costs) arising out of any action related to this Agreement.
14. Overmacht
14.1. Supplier shall not be liable for any breach of this Agreement caused by matters beyond its reasonable control, including (but not limited to) natural disasters, fire, lightning, explosion, war, disorder, flood, pandemic, labor dispute (whether or not involving employees of the Supplier), again of exceptional seriousness or acts of local or central government or other authorities.
15. Notices and Changes
15.1. We provide our products, equipment and services on an ongoing basis and we cannot foresee what may change in the future. This means that we may need to make changes to the terms of this agreement.
15.2. Our products, equipment and services may be changed, modified, improved, removed, discontinued or supplemented at our sole discretion.
15.3. The trademark, logos, graphics or branding of the Equipment and/or Products may be changed, modified, improved, removed, discontinued or supplemented at our sole discretion.
15.4. The way we provide our products, equipment and services may be changed, modified, improved, removed, discontinued or supplemented at our sole discretion.
15.5. The price at which we provide our Products, Equipment and Services may be changed, modified or supplemented at our sole discretion.
15.6. Unless we are required to make changes or additions immediately for valid legal or regulatory reasons, we will try to give you the best possible notice.
15.7. Any documents or notices given by Supplier under or in connection with this Agreement will be validly provided if sent to the email address or other email address Customer may provide to Supplier from time to time or, if applicable, shown on your order confirmation, or invoice, or packing slip, or monthly statement.
15.8. Such document or notice shall be deemed to have been received by the Customer on the business day following the day on which the e-mail, order confirmation, invoice, delivery note or monthly statement is sent
15.9. You must provide us with accurate, truthful and correct contact and account information. You should keep this information up to date and check your email regularly. We will treat notices sent to your email address that you have provided to us as effective even if you are unable to access your email account or your email account is disconnected.
15.10. Unless otherwise stated, you must give us any notice required under this Agreement by calling 0208 578 5785 or such other number we may communicate to you from time to time for this purpose. You can also email us at customerservices@frozenbrothers.com .
15.11. Notice given in this manner will not be effective until we speak with you and verify your account (after verification, the notice will be effective from the date of the original notice).
16. General
16.1. Any right or remedy of Supplier under this Agreement is without prejudice to any other right or remedy of Supplier, whether or not under this Agreement.
16.2. If any provision of this Agreement is found by any court, tribunal or administrative body of competent jurisdiction to be illegal, invalid, void, voidable, unenforceable or unreasonable in whole or in part, such illegality, invalidity, nullity, voidability, unenforceability or unreasonableness shall be deemed shall be deemed severable and the remaining provisions of this Agreement and the remainder of that provision shall remain in full force and effect.
16.3. Failure or delay by Supplier in enforcing or partially enforcing any provision of this Agreement shall not be construed as a waiver of any right under this Agreement.
16.4. A waiver by the Supplier of any breach of, or default under, any provision of this Agreement by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of this Agreement.
16.5. It is not the intention of the parties to this Agreement that any term of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party thereto.
16.6. The formation, existence, construction, performance, validity and all aspects of this Agreement shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
16.7. This Agreement, all documents referenced herein (including any price lists published by Supplier), and any credit account agreement entered into (including any credit account terms) between Supplier and Customer, constitute the entire agreement between the parties and supersedes all prior agreements between the parties relating to its subject matter.
16.8. In order to help improve its service, training and proof of communication with the Customer and in the interest of security, the Supplier may monitor and/or record the telephone conversations made with it.
16.9. The Equality Act 2010 protects employees from discrimination, harassment, bullying and inappropriate behavior that occurs when an individual or group of people behaves unreasonably towards an employee or group of employees, and may involve aggressive, abusive or intimidating behavior or language; offensive, racist, sexist, age-appropriate, disparaging or degrading comments. We do not tolerate discrimination, harassment, bullying or inappropriate behavior against any employee, contractor or staff and we reserve the right to take action to ensure a safe workplace.
Date of issue: 2021.09.03