Our Terms

  1. These terms
    • What these terms cover. These are the terms and conditions on which we supply goods and design services.
    • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods or design services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
  2. Information about us and how to contact us
    • Who we are. We are WC Plumbing & Heating & Bathroom Supplies Limited a company registered in England and Wales. We trade as Worcester City Bathrooms Our company registration number is 09356349 and our registered office is at Unit 8, New Venture Enterprise Centre Venture Business Park, Park Boulevard, Worcester, Worcestershire, WR2 4GD. Our registered VAT number is 202646341. In these terms we are referred to as “we, us, our”.
    • How to contact us. You can contact us by telephoning 01905 424 595 or by writing to us at info@worcestercitybathrooms.com or our registered office.
    • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
    • What we do. We supply the goods for your bathroom and we can supply CAD design services, based on the measurements you provide in order to give you an idea as to how you may be able to organise a bathroom layout. We do not provide fitting services. There are fitters that have agreed to work to a certain standard and we can liaise with them on your behalf to co-ordinate delivery and fitting dates, but your contract for fitting will be between you and the fitter you decide to engage. The fitters do not work for us. If you experience any problems with your fitter then you will need to discuss these directly with them. You may of course choose to engage any fitter you choose.

Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if you are an individual and you are buying goods or services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

  • If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
  1. Interpretation

The following definitions and rules of interpretation apply in these terms.

  • Definitions:
“Business Day” a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
“Conditions” these terms and conditions as amended from time to time in accordance with clause 21.6.
“Contract” the contract between us and you for the supply of Goods and/or Design Services in accordance with these Conditions.
“Deliverables” the CAD drawings of your proposed bathroom produced by us for you based on your measurements.
“Delivery Location” has the meaning given in clause 6.3.
“Design Services” the CAD design services, including the Deliverables, supplied by us to you
“Events Outside Our Control” has the meaning given to it in clause 20.
“Goods” the goods (or any part of them) set out in the Order.
“Goods Specification” any specification for the Goods, including any relevant plans or drawings, that is agreed in writing by you and us
“Intellectual Property Rights” utility models, copyright and neighbouring and related rights, moral rights, trade marks and service marks, rights in designs 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.
“Order” your written acceptance of our quotation.
“you” the person or firm who purchases the Goods and/or Design Services from us.

2              Interpretation:

(a)          A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

(b)          A reference to a party includes its personal representatives, successors and permitted assigns.

(c)          A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

(d)          Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

  1. Basis of contract
    • The Order constitutes an offer by you to purchase Goods and/or Design Services in accordance with these Conditions.
    • The Order shall only be deemed to be accepted when we issue a written acceptance of the Order at which point and on which date the Contract shall come into existence.
    • Any samples, drawings, descriptive matter or advertising issued by us and any descriptions of the Goods or illustrations or descriptions of the Design Services contained in our catalogues or brochures or on our website are issued or published for the sole purpose of giving an approximate idea of the Design Services and/or Goods described in them. They shall not form part of the Contract or have any contractual force.
    • These Conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
    • Any quotation given by us shall not constitute an offer, and is only valid for a period of 30 Business Days from its date of issue. Any quotation that provides pricing for package deals may be amended if you choose not or Order all items within the package deal.
    • All of these Conditions shall apply to the supply of both Goods and Services except where application to one or the other is specified.
  2. Goods
    • The Goods are described in Goods Specification.
    • We reserve the right to amend the Goods Specification if required by any applicable statutory or regulatory requirement, and we shall notify you in any such event.
    • The images of the Goods on our website or in broachers are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Goods. Your Goods may vary slightly from those images.
  3. Delivery of Goods
    • We shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered.
    • You or your representative (this might be the fitter you have appointed) will be required to sign the delivery note and by doing so you or your representative is confirming that you have received the Goods you are expecting to receive and that they have been inspected and are in good condition.
    • We shall deliver the Goods to the location set out in the Order or such other location as we may agree (“Delivery Location”) at any time after we notify you that the Goods are ready. Deliveries are only made between 9am and 4pm Monday to Friday excluding bank holidays.
    • Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. We will unload the Goods to an external location at the Location. You are responsible for transporting the Goods to the point of installation. For health and safety reasons our delivery drivers will not carry heavy goods upstairs or without assistance. If having carried out an appropriate risk assessment our delivery drivers agree to carry any Goods into your property they do so at your risk.
    • Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence.
    • If we fail to deliver the Goods, our liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
    • We shall have no liability for any delay in delivery of the Goods or any failure to deliver the Goods to the extent that such failure is caused by Events Outside Our Control or your failure to provide us with adequate delivery instructions for the Goods (this includes a full postal address and contact telephone number) or any relevant instruction related to the supply of the Goods.
    • If you fail to take delivery of the Goods when they are delivered, then except where such failure or delay is caused by Events Outside Our Control or by our failure to comply with our obligations under the Contract in respect of the Goods:
      • delivery of the Goods shall be deemed to have been completed at 4pm on the date that we attempted to delivery the Goods; and
      • we shall store the Goods until delivery takes place, and be entitled to charge you for all related costs and expenses (including insurance) and the cost of re-delivery.
    • If ten Business Days after the day on which we notified you that the Goods were ready for delivery you have not taken or accepted delivery of them, we may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, charge you for any shortfall below the price of the Goods.
    • We may deliver the Goods by instalments. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
  4. Title and risk
    • The risk in the Goods shall pass to you on completion of delivery.
    • Title to the Goods shall not pass to you until the earlier of:
      • we receive payment in full (in cash or cleared funds) for the Goods and any other goods that we have supplied to you in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment; and
      • where you are a business you resell the Goods, in which case title to the Goods shall pass to you at the time specified in clause 4.
    • Where you are a business, until title to the Goods has passed to you, you shall:
      • store the Goods separately from all other goods held by you so that they remain readily identifiable as our property;
      • not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
      • maintain the Goods in satisfactory condition and keep them insured against all risks for their full price on our behalf from the date of delivery;
      • notify us immediately if you are insolvent, have an administrator or trustee in bankruptcy appointed or steps are taken to appoint one, you enter into negotiations with a class of your creditors to reorganise your debts, or steps are taken for the voluntary winding up of your business, or steps are taken that are similar to these events; and
      • give to us such information relating to the Goods as we may require from time to time.
    • Subject to clause 5, where you are a business you may resell or use the Goods in the ordinary course of your business (but not otherwise) before we receive payment for the Goods. However, if you resell the Goods before that time:
      • you do so as principal and not as our agent; and
      • title to the Goods shall pass from us to the you immediately before the time at which resale by you occurs.
    • Where you are a business if before title to the Goods passes to you, you become subject to any of the events listed in clause 3(d) then, without limiting any other right or remedy we may have:
      • your right to resell Goods or use them in the ordinary course of your business ceases immediately; and
      • we may at any time:
        • require you to deliver up all Goods in its possession which have not been resold, or irrevocably incorporated into another product; and
        • if you fail to do so promptly, enter any premises of yours or of any third party where the Goods are stored in order to recover them.
  1. Supply of Design Services
    • We shall supply the Design Services to you as follows:
      • we shall create a CAD drawing based on the measurements that you provide to us;
      • we shall suggest a possible layout or layouts(s) for the room and main furniture based on the measurements you provide to us, these layouts do not account for locations of plumbing, pipes, electrical or structural features. We do not guarantee that the possible layout will be achievable in practice and it is for you to satisfy yourself that the bathroom furniture, fixtures and fittings can be installed as shown in the layout.
      • any depictions of bathroom furniture, fixtures or fittings are indicative only of the types and styles of bathroom furniture, fixtures or fittings that may be ordered from us.
    • Any dates for the supply of the Design Services are estimates only and time shall not be of the essence for the performance of the Design Services.
    • Whilst we warrant to you that the Design Services will be provided using reasonable care and skill, you acknowledge that the CAD drawings are based on the measurements provided by you or your fitter.
  2. Your obligations
    • You shall:
      • ensure any measurements provided by you or your representative are accurate;
      • ensure that the terms of the Order are complete and accurate;
      • ensure that there is someone available to accept the delivery of the Goods on the delivery date and to sign the delivery note;
      • co-operate with us in all matters relating to the Design Services;
      • provide us with such information as we may reasonably require in order to supply the Design Services, and ensure that such information is complete and accurate in all material respects;
    • If our performance of any of our obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Customer Default”):
      • without limiting or affecting any other right or remedy available to it, we shall have the right to suspend performance of the Design Services until you remedies the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of our obligations in each case to the extent the Customer Default prevents or delays our performance of any of our obligations;
      • we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of its obligations as set out in this clause 2; and
      • you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.
  1. Charges and payment
    • The price for Goods shall be the price set out in the Order.
    • The price for the Design Services shall be the price agreed between you and us in writing.
    • We reserve the right to:
      • increase the price of the Goods, by giving notice to you at any time before delivery, to reflect any increase in the cost of the Goods to us that is due to:
        • any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
        • any request by you to change the delivery date(s), quantities or types of Goods ordered, or the Goods Specification; or
        • any delay caused by any of your instructions in respect of the Goods or your failure to give us adequate or accurate information or instructions in respect of the Goods.
      • Where you are a Consumer then in respect of Goods, you will be required to pay a 50% deposit upon placement of the Order. We shall invoice you for the balance before completion of delivery and payment is required before delivery. In respect of Design Services, you will be required to pay the charges in advice of supply of the Design Services.
      • Where you are a Business we may, subject to satisfactory credit and reference checks, offer a credit account. We will invoice you for all Goods and Design Services and you shall pay each invoice submitted by us within 30 days of the date of the invoice. Failure to pay any invoice when due will give us the right to place your credit account on stop and refuse to supply further Goods or Design Services until payment of all outstanding balances is made.
      • All payments due to us must be made in full and in cleared funds to a bank account nominated in writing by us and time for payment shall be of the essence of the Contract.
      • All amounts payable by you under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (“VAT”). Where any taxable supply for VAT purposes is made under the Contract by us to you, you shall, on receipt of a valid VAT invoice from us, pay to us such additional amounts in respect of VAT as are chargeable on the supply of the Design Services or Goods at the same time as payment is due for the supply of the Design Services or Goods.
      • If you fail to make a payment due to us under the Contract by the due date, then, without limiting any of our rights or remedies, you agree to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 8 will accrue each day at 2% a year above the Bank of England’s base rate from time to time.
      • All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  1. Intellectual property rights

All Intellectual Property Rights in or arising out of or in connection with the Design Services shall be owned by us.

  1. Your rights to end the contract
    • You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
      • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 16 if you are a consumer and clause 17 if you are a business; or
      • If you want to end the contract because of something we have done or have told you we are going to do see clause 2.
    • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Goods which have not been provided and you may also be entitled to compensation. The reasons are:
      • we have told you about an upcoming change to the Goods or these terms which you do not agree to;
      • we have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed;
      • there is a risk that supply of the Goods may be significantly delayed because of Events Outside Our Control;
      • we have suspended supply of the Goods or Design Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
      • you have a legal right to end the contract because of something we have done wrong.
  1. How to end the contract with us
    • Tell us you want to end the contract. To end the contract with us, please let us know by contacting us using one of the methods given at the beginning of these terms.
    • Returning Goods after ending the contract. If you end the contract for any reason after Goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at our address given above or (if they are not suitable for posting) allow us to collect them from you.
    • If you have changed your mind or ordered the wrong Goods. We operate in such a way that if you are a consumer this contact would be considered an On-Premises Contract. This means that if you are either a consumer or a business if you simply change your mind, you have ordered too many of the Goods or ordered the wrong Goods we are not obliged to give you a refund. If we in our absolute discretion agree to provide you with a refund, you will be responsible for payment of the costs of return and we will be entitled to make a reasonable charge to cover the net costs we incur which may include a re-stocking charge.
    • When we will pay the costs of return. We will pay the costs of return:
      • if the Goods are faulty or misdescribed;
      • if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;

In all other circumstances you must pay the costs of return.

  • What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
  • How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the Goods including delivery costs, by the method you used for payment. If the Goods are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you.
  1. Our rights to end the contract
    • We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
      • you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods or Design Services; or
      • you do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us.
    • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for Goods we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract.
  2. If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about the product, please contact us.

  1. Your rights in respect of defective Goods if you are a consumer
    • If you are a consumer we are under a legal duty to supply Goods and Design Services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Goods and Design Services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If your product is services, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
  • Goods will not be considered defective if:
    • the defect arises because you failed to follow the ours or the manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
    • the defect arises as a result of us following any drawing, design or Goods Specification supplied by you or your representative, or the defect arises as a result of us following any CAD drawing produced by us based on your measurements;
    • you alter or repair such Goods without our written consent;
    • the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or
    • the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
  • Baths are delivered to us from the manufacturer with a protective film covering. We do not remove that covering in order to try and ensure the Bath is not scratched or damaged when we deliver it to you. It is important that you check the Bath for any damage before it is fitted. Once the Bath is fitted we would not be able to accept that any scratches were caused prior to deliver to you.
  • Your obligation to return rejected Goods. If you wish to exercise your legal rights to reject Goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
  1. Your rights in respect of defective Goods if you are a business
    • If you are a business we warrant that on delivery any Goods which are goods shall:
      • conform in all material respects with their description and any relevant specification;
      • be free from material defects in design, material and workmanship; and
      • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
    • Subject to clause 3, if:
      • you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 1;. We consider that 48 hours from the date of delivery would be reasonable time to inspect the Goods (save in relation to Baths which need to be inspected on deliver and in any event prior to fitting) and discover whether they comply with the warranty at clause 17.1 save in relation to bath tubs which should be inspected upon delivery.
      • we are given a reasonable opportunity of examining such product; and
      • you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

  • We will not be liable for a product’s failure to comply with the warranty in clause 1 if:
    • you make any further use of such Goods after giving a notice in accordance with clause 2(a);
    • the defect arises because you failed to follow the ours or the manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
    • the defect arises as a result of us following any drawing, design or Goods Specification supplied by you or your representative, or the defect arises as a result of us following any CAD drawing produced by us based on your measurements;
    • you alter or repair such Goods without our written consent;
    • the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or
    • the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
  • Except as provided in this clause 17, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 1.
  • These terms shall apply to any repaired or replacement Goods supplied by us.
  1. Our responsibility for loss or damage suffered by you if you are a consumer
    • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods or Design Services; and for defective Goods or Design Services under the Consumer Protection Act 1987. Please note that we do not employ or engage the fitters we liaise with, they are not our agents or sub-contractors. If you choose to engage one of the fitters then you have a separate contract with the fitter and you should refer to your terms with the fitter if you have any problems with them.
    • We are not liable for business losses. If you are a consumer we only supply the Goods for to you for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 19.
  2. Our responsibility for loss or damage suffered by you if you are a business
    • Nothing in these terms shall limit or exclude our liability for:
      • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      • fraud or fraudulent misrepresentation;
      • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    • Except to the extent expressly stated in clause 1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    • Subject to clause 1:
      • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
      • our total liability for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by you for Goods or Design Services under such contract.
  1. Events outside our control

Neither party shall be in breach of the Contract nor liable for delay in performing or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

  1. General
    • Assignment and other dealings
      • We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
      • You cannot assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without our prior written consent.
    • If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
    • A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
    • No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.
    • Third parties rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
    • Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).
    • Governing law. The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
    • Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.