Terms and Conditions of Sale 

 

1. DEFINITIONS

In these terms and conditions:
1.1 “The Supplier” means Apex Medical Limited, its divisions and any other marketing or trading names in use.
1.2 “The Customer” means any person, firm, Supplier or other legal entity which places an order, or buys any Goods from the Supplier and includes the employees, servants, agents, principals (whether disclosed or undisclosed) or sub-contractors of any such person, firm, Supplier or other legal entity.
1.3 “Contract” means a contract between the Supplier and the Customer for the sale and purchase of the Goods.
1.4 “Goods” means Medical Equipment agreed in the Contract to be supplied by the Supplier to the Customer.
1.5 “Statutory Interest” means statutory interest as defined in the Late Payment of Commercial Debts (Interest) Act 1998 as amended & supplemented by the Late Payment of Commercial Debts Regulations 2002.
1.6 “Terms and Conditions” means these terms and conditions of sale.
1.6 “Late Payment Compensation Fee” please refer to para 7.4.

2. APPLICABILITY OF TERMS AND CONDITIONS

These Terms and Conditions shall be incorporated into the Contract and shall apply in place of and prevail over any terms and conditions contained or referred to in any communication from the Customer or implied by custom or practice. Other purported terms and conditions are expressly rejected by the Supplier.

3. ORDERS AND CONTRACTS

By placing an order with the Supplier either via the Supplier’s telesales department or the Supplier’s website the Customer is offering to contract with the Supplier on the basis of these Terms and Conditions. The Contract shall be formed when the Supplier acknowledges acceptance of the Customer’s order or delivers the Goods to the Customer whichever occurs earlier. The Contract is subject to availability of stock. Neither the Supplier’s price list nor any prices which appear on the Supplier’s website constitute an offer and the Supplier may amend its published prices at any time prior to formation of the Contract in accordance with this Condition. Any current price list replaces all previous price lists. Prices are quoted exclusive of VAT which shall be charged if applicable.

4. VARIATIONS AND DISCOUNTS

4.1 Unless otherwise agreed in writing the Supplier reserves the right to make such amendments to the Contract as it thinks fit or to terminate the Contract should any information or data supplied by the Customer to the Supplier prove to be incomplete or inaccurate in any respect.
4.2 The Supplier reserves the right to vary or alter the specification of Goods without notice unless otherwise agreed in writing with the Customer.
4.3 The Supplier reserves the right by notice given at any time before delivery to vary the price of the Goods if, after the date of the Contract, there is an increase in the Suppliers total cost of raw materials or production arising from any cause beyond the Suppliers control.
4.3 Any discount which may be agreed between the Customer and the Supplier will only be binding on the Supplier if such an agreement is evidenced in writing and these Terms and Conditions are strictly complied with.
4.4 Any forbearance by the Supplier in continuing to allow discounts in the event of breach by the Customer of any of these Terms and Conditions shall not be deemed to be a waiver of the Supplier’s rights and the Supplier shall be entitled to claim the undiscounted price of all Goods supplied under the Contract.

5. TITLE

5.1 Title in the Goods shall not pass to the Customer until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to the Supplier from the Customer on any account.
5.2 Until title passes to the Customer, the Customer shall hold the Goods on a fiduciary basis as the Supplier’s bailee; store the Goods separately from all other Goods in such a way that they are clearly identifiable as the property of the Supplier; maintain the Goods in a satisfactory condition and keep them insured on the Supplier’s behalf for their full price against all risks to the reasonable satisfaction of the Supplier.
5.3 In the event of non-payment on the due date for whatever reason of any sums due from the Customer to the Supplier, or in the event that any of the forms of insolvency detailed in Condition 11 commences against the Customer, the Supplier, its agents and employees shall have the right, without giving notice and without incurring liability, to enter into the Customer’s premises and to take possession of the Goods to which title has not passed. This right shall be without prejudice to any other legal rights or remedies available to the Supplier.

6. RISK

Notwithstanding the provisions in section 5, the Goods shall be at the risk of the Customer from the time they are tendered for delivery, at an agreed destination or are available for collection by the Buyer or cease to be in the possession of the Supplier.   In particular when they are delivered into the possession or custody of a carrier, forwarding agent, warehouseman or other bailee or agent, for the purpose of transmission, whether or not such person contacts with or is instructed by the Supplier or the Buyer.

7. SETTLEMENT TERMS

7.1 Where credit is granted, unless otherwise agreed in writing all sums payable in respect of Goods must be paid without deductions within 30 days from the date of the invoice.
7.2 Failure to pay by the due date shall entitle the Supplier to suspend delivery of all unexecuted orders. The time for payment of the price of the Goods shall be of the essence.
7.3 The Supplier reserves the right at any time in its absolute discretion to demand immediate payment of any account whether due or not and to take legal action to recover the debt and costs.
7.4 If payment is not made in accordance with this Condition, the Supplier reserves the right to charge Statutory Interest on the overdue balances for the period from the date on which payment became due until the date on which payment is made including any period after the date of any judgement or decree against the Customer. In addition each overdue invoice will attract a late payment compensation fee of £40.
7.5 In the event of any cheques, standing orders or direct debits due from a Customer to the Supplier being dishonoured, a charge of £45 (or such other sum as the Supplier may from time to time advise the Customer) will be made on the Customer’s account to cover bank and administrative costs.
7.6 The Supplier reserves the right in its absolute discretion to refuse to grant credit.

8. DELIVERY AND DELAY

8.1 The Supplier shall have deemed to have delivered the Goods wither when the Goods are dispatched from the Suppliers premises or, as the case my be, when the Goods are ready for collection at the Suppliers premises.
8.2 Deliveries of Goods to the Customer shall be in accordance with the Supplier’s delivery schedule. The Supplier shall not be liable for any loss or damage whatsoever arising as a result of failure to deliver Goods by a particular date or arising as a result of any cause beyond the Supplier’s control. Time for delivery shall not be of the essence unless otherwise agreed by the Supplier in writing.
8.3 The Supplier is entitled to deliver the Goods by instalments and to invoice the Customer for each such instalment.  Each instalment shall be considered a separate transaction and the failure of one delivery shall not effect the due performance of the contract as a whole.
8.4 The Supplier will endeavour to deliver the correct quantity of goods ordered, but quotations are dependent upon stocks being available and the Supplier shall not be liable for short delivery.
8.5 Should expediated delivery be agreed and necessitate overtime or additional costs, such costs and overtime shall be paid for by the Customer.
8.6 Delivery of Goods shall be made by the Supplier to such reasonably accessible premises as the Customer shall reasonably require. The Customer shall allow the Supplier reasonable access to such premises and shall use best endeavours to ensure that a responsible person shall be at the place of delivery to take delivery of the Goods and to sign for them. In the event of no such person being present at the time of delivery the Supplier will not leave the Goods at the premises.
8.7 If the Customer fails to take delivery or fails to give the Supplier adequate delivery instructions at the time stated for delivery then without prejudice to any other right or remedy available to the Supplier, the Supplier may do one or more of the following:

8.7.1 charge the Customer the cost of carriage of the failed delivery both to and from the premises of the Customer in addition to the Supplier’s administration charges involved;
8.7.2 charge the Customer the full cost price of the Goods and a sum in respect of its loss of profit provided that the Supplier shall use its reasonable endeavours to mitigate such loss;
8.7.3 store the Goods until actual delivery and charge the Customer for the reasonable cost (including insurance) of storage;
8.7.4 sell the Goods at the best price readily obtainable and charge the Customer for any shortfall below the price under the Contract.

9. ACCEPTANCE AND CLAIMS PROCEDURE

9.1 The Customer must check that the quantity and specifications of Goods delivered correspond with the Contract before signature of the delivery note.  An unqualified signature shall be deemed to signify the Customers acceptance that the goods are in good condition.
The Supplier will not be responsible for damage to any Goods or part thereof in transit unless the Customer gives notice of a claim to the Supplier and to the carrier:

9.1.1 in case of damage, within 14 days after having received the Goods, and
9.1.2 in case of loss, within 14 days of the date of the invoice.

The Customer must retain damaged Goods for inspection and collection.
9.2 The Suppliers liability in the case of loss or damage in transit shall be limited to repairing or replacing the damaged or, as the case may be, the lost goods and the Supplier shall not be  under any other liability thereunder whatsoever

10. CANCELLATION OF CONTRACT

The Contract may not be cancelled by the Customer without the written consent of the Supplier. The Supplier reserves the right upon consent being given to levy a cancellation charge of not less than 20% of the standard list price of the Goods which are the subject of the Contract to cover the Supplier’s losses arising from the cancellation. Non-stock Goods ordered on behalf of the Customer cannot be returned, unless the manufacturer agrees to accept them.

11. INSOLVENCY OF CUSTOMER

In the event that:
11.1 the Customer makes any voluntary arrangement with its creditors, proposes to enter into a Supplier voluntary arrangement, enters into administration, is unable to pay its debts as they fall due, makes application to a Court to suspend enforcement action against it, goes into liquidation (in the event that the Customer is a Supplier) or becomes insolvent, enters into a trust deed or voluntary arrangement for the benefit of its creditors (in the event that the Customer is an individual or firm), or if the equivalent occurs under any jurisdiction; or
11.2 an encumbrancer takes possession of, or a receiver or administrative receiver is appointed over, any of the property or assets of the Customer; or
11.3 the Customer suspends any payments hereunder or ceases, or threatens to cease, to carry on business; or
11.4 the Supplier reasonably considers that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly; then without prejudice to any other rights or remedies available to the Supplier, the Supplier shall be entitled forthwith to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer and if the Goods have been delivered but not paid for, the price shall become immediately payable notwithstanding any previous agreement to the contrary.

12. WARRANTIES

12.1 The condition and warranties implied by the Sale of Goods Act 1979 shall apply.  To the extent permitted by law all other conditions warranties or obligations whether express as implied by statute, Common Law or otherwise is excluded and the remaining provisions of this condition shall apply in lieu of thereof.  The Supplier shall not be liable for any indirect or consequential loss whatever and however arising.

13. LIMITATION OF THE SUPPLIER’S LIABILITY

13.1 The Supplier limits its liability to the maximum extent permitted by law as follows:
13.2 If any of the Goods shall be found to be defective and such defects are reported by the Customer in writing to the Supplier: in the case of apparent defects within 14 days of delivery and in the case of latent defects within 14 days of the date of which those defects could reasonably first have been identified, the Supplier may at its option, either repair or replace any part of the Goods or make an equivalent quantity of the goods available to the Customer free of charge ex-works or repay a corresponding proportion of the price to the Customer but shall not be under any other liability.
13.3 The Supplier shall be under no liability in respect of alleged defective Goods unless

13.3.1 The Customer gives to the Supplier written notice and details of the defect within the periods mentioned above;
13.3.2 The Customer gives to the Suppliers representative adequate opportunity to inspect the goods and remove samples for analysis;
13.3.3 The Goods have not been cut out, hung or subjected to any other process or the Customer has not used or dealt with the goods properly.

13.4 All descriptions, depictions and other particulars supplied by the Supplier in catalogues, price lists or other documents issued by the Supplier or statements made by word of mouth are given for general information purposes only and the Customer acknowledges that it is not entereing into the contract in reliance thereupon.
13.5 Where the Goods are produced by the Supplier in accordance with the Customer’s specification or drawings, the Customer shall indemnify the Supplier against all costs, claims, damages and expenses to which the Supplier may become liable as a result of infringement or the alleged infringement of any patent, registered design or any other intellectual property right.
13.6 Under no circumstances, except with the Suppliers consent, shall the Customer withhold payment of the amount due to the Supplier because of a disputed claim of any nature nor shall the Customer be entitled to claim a right of set-off, claim or counter claim in respect of any of the Suppliers obligations arising in respect of matters other than this contract.
13.7 The Supplier’s liability in respect of death or personal injury caused by the Supplier’s negligence shall not be limited.
13.8 The Supplier shall have no liability for any loss or damage suffered by the Customer or any other person:

13.8.1 as a consequence of any defect in any Goods caused by abnormal conditions of storage, treatment or handling or any negligence or wrongful act on the part of the Customer or its employees or agents;
13.8.2 for claims for damage reasonably apparent on inspection at the time of delivery or for short delivery unless the provisions of Condition 9 (Acceptance and Claims Procedure) have been complied with;
13.8.3 for any loss of profit, loss of sale, loss of goodwill, loss of reputation; loss of customers and any other similar losses caused by the Supplier’s negligence or other wrongful act on the Supplier’s part or that of its employees or agents;
13.8.4 for any failure by the Supplier to perform any of its obligations in these Terms and Conditions caused by circumstances beyond its reasonable control.

14. INTELLECTUAL PROPERTY

Copyright and all other intellectual property rights in the Goods shown in the Supplier’s lists shall remain at all times the property of the Supplier. The Customer shall acquire no rights in the Goods except as expressly provided for in these Terms and Conditions.

You may not reproduce, copy, duplicate, transmit, publish, display, distribute or sell any material from the Supplier websites. You may not use the Supplier websites or their content for any commercial purpose; including the collection and use of any listings, descriptions, prices, make any derivative or commercially exploitative use of this website or its content, download or copy account information, use any data mining, robots or similar data gathering and extraction tool without the explicit written consent of the Supplier. Any unauthorised use terminates any permission’s granted.

15. FORCE MAJEURE

The Supplier reserves the right to defer the date of delivery or reduce the volume of Goods ordered by the Customer or to cancel the Contract without liability to the Customer if it is prevented from or delayed in the carrying out of its obligations under the Contract due to circumstances beyond its reasonable control including without limitation any failure or delay on the part of the manufacturer of any of the Goods to supply the Goods to the Supplier, any strike, lock-out or other industrial action, fire, explosion, flood, closure of motorways or other roads leaving no alternative route, unusually severe weather conditions or unusually severe traffic congestion which could not reasonably have been anticipated leaving no alternative route, loss of power or telecommunications systems or computer failure or breakdown.

16. ADDITIONAL TERMS

16.1 Failure or delay on the part of the Supplier in enforcing any provision of the Contract shall not be construed as a waiver of any of the Supplier’s rights under the Contract. Any waiver by the Supplier of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed to be a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
16.2 If any provision of the Contract is found by any Court, tribunal or other administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
16.3 The Supplier, but not the Customer, may assign its rights and obligations under the Contract.
16.4 Any written communication given pursuant to the Contract must be sent by pre-paid first class post to the registered office of the addressee or such other address as may have been notified in writing and shall be deemed to have been received by the addressee two business days after the date of posting.
16.5 The parties to the Contract do not intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
16.6 The Contract shall be governed by the laws of England and the Supplier and the Customer agree to submit to the non-exclusive jurisdiction of the English Courts.
16.7 If the Customer is a partnership the liability of the individual partners to the Supplier shall be joint and several.
16.8 The signature on behalf of a Customer who is a limited Supplier by any person purporting to sign with the Customer’s authority shall bind the Customer and the Customer shall be liable to comply with the terms of the Contract.
16.9 The Customer shall be liable to comply with the terms of the Contract and pay for any Goods which are ordered using its Customer account number.
16.10 The Supplier reserves the right to amend these Terms and Conditions from time to time on giving not less than 14 days prior notice to the Customer.

 

Terms and Conditions of Rental

 

1. DEFINITIONS

In these terms and conditions:
1.1 “The Supplier” means Apex Medical Limited, its divisions and any other marketing or trading names in use.
1.2 “The Hirer” means any person, firm, Supplier or other legal entity which places an order, or rents any Goods from the Supplier and includes the employees, servants, agents, principals (whether disclosed or undisclosed) or sub-contractors of any such person, firm, Supplier or other legal entity.
1.3 “Contract” means a contract between the Supplier and the Hirer for the rent of the Goods.
1.4 “Goods” means Medical Equipment agreed in the Contract to be supplied by the Supplier to the Hirer.
1.5 “Premises” shall be deemed to mean the address at which the hirer requests the Goods to be delivered.
1.6 “Working Day” Shall mean Monday to Friday inclusive save for any public holiday
1.7 “Delivery hours” are 08:30-17:30hrs Monday to Friday, excluding public holidays. The Supplier provides an Emergency call-out service from 17:30 – 08:30hrs (Monday-Friday) and at weekends and public holidays.
1.8 “Statutory Interest” means statutory interest as defined in the Late Payment of Commercial Debts (Interest) Act 1998 as amended & supplemented by the Late Payment of Commercial Debts Regulations 2002
1.9 “Terms and Conditions” means these terms and conditions of sale.
1.10 “Late Payment Compensation Fee” please refer to para 5.4.

2. APPLICABILITY OF TERMS AND CONDITIONS

These Terms and Conditions shall be incorporated into the Contract and shall apply in place of and prevail over any terms and conditions contained or referred to in any communication from the Hirer or implied by custom or practice. Other purported terms and conditions are expressly rejected by the Supplier.

3. TERMS AND CONDITIONS OF HIRE

Whereas the Supplier has agreed to supply goods by way of hire to the Hirer IT IS HEREBY AGREED that
3.1 The Goods shall be hired for a fixed minimum period of 14 days, except if any Contract between the Supplier and the Hirer defines a different minimum rental period. The minimum rental period cannot be changed without the written authorisation of a Director of the Supplier.
3.2 In the event that the Hirer continues to use the goods after a fixed hire period they shall be deemed thereafter to be hired from day to day and the Hirer shall pay the appropriate hire fee to Supplier.
3.3 At the expiration of the period of hire the Hirer shall make the Goods available to the Supplier for collection at the premises in the same condition that they were in at the commencement of the hire period, fair wear and tear excepted and in particular in a clean condition.
3.4 In the event that the hire fails to comply with clause 3.3 above the Hirer shall pay all reasonable costs of repairing or if necessary replacing the Goods and in the event that they require replacing such costs shall be the manufacturers recommended retail price for such Goods.
3.5 The fee for hiring the Goods shall be as set out by the Supplier in writing or advised upon request on or prior to the execution of this agreement.

4. USE OF GOODS

4.1 The Goods shall be supplied to the Hirer for the purpose for which such Goods are normally used.
4.2 No warranty is given as to their effectiveness, as to any claims by the manufacturers as to their performance efficiency or ability to treat any medical condition and The Supplier gives no warranty that the Goods shall be fit for any specific purpose
4.3  Any goods supplied by the Supplier to the Hirer should be for the sole use of the patient for whom equipment has been requested and should under no circumstances be used for another patient for reasons of cross-contamination

5. SETTLEMENT TERMS

5.1 Where credit is granted, unless otherwise agreed in writing all sums payable in respect of hire of the Goods must be paid without deductions within 30 days from the date of the invoice. Any issues arising from the invoice must be raised to the supplier in within 14 days of receipt of invoice. Payment of the invoice is acceptance of accuracy of said invoice.
5.2 Failure to pay by the due date shall entitle the Supplier to suspend delivery of all unexecuted orders and collect any Goods currently on hire. The time for payment of the price of the Goods shall be of the essence.
5.3 The Supplier reserves the right at any time in its absolute discretion to demand immediate payment of any account whether due or not and to take legal action to recover the debt and costs.
5.4 If payment is not made in accordance with this Condition, the Supplier reserves the right to charge Statutory Interest on the overdue balances for the period from the date on which payment became due until the date on which payment is made including any period after the date of any judgement or decree against the Hirer. In addition each overdue invoice will attract a late payment compensation fee of £40.
5.5 In the event of any cheques, standing orders or direct debits due from a Hirer to the Supplier being dishonoured, a charge of £45 (or such other sum as the Supplier may from time to time advise the Hirer) will be made on the Hirer’s account to cover bank and administrative costs.
5.6 The Supplier reserves the right in its absolute discretion to refuse to grant credit.

6. DELIVERY

6.1 The Hirer shall be deemed to have inspected the Goods upon delivery and unless the Hirer serves notice upon the Supplier within 24 hours of such delivery the goods shall be deemed to have been delivered in satisfactory condition (save for any defect which could not reasonably be discovered within such period)
6.2 Goods will be delivered by the Supplier between the Delivery Hours stated above. Any call-outs requested outside of these hours will be liable to an out of hours charge.
6.3 The Hirer undertakes that the Goods are not used in any way which would cause or which would be likely to cause any damage to the Goods or which may cause excessive wear (fair wear and tear excepted)
6.4 The Hirer undertakes not to attempt to make any repairs or modifications to the Goods
6.5 The Hirer undertakes to have received instruction as to the use of the Goods supplied by the Supplier and undertakes to comply in full with such instructions and in particular shall comply with any safety regulations in connection with the use of the Goods (if applicable). Should the Hirer call the Supplier to a repair, necessary due to misuse of equipment, the Hirer will be liable for a fee and costs of any parts required.

7. DEFECTS AND DAMAGE

7.1 The Hirer shall notify the Supplier of any defects in the Goods as soon as reasonably possible, and in any event by the Working Day following the occurrence of such defect.
7.2 The Supplier warrants with the Hirer that they shall within one Working Day of receiving notice of such defect either repair the goods or replace them with goods of a similar type and quality (although not necessarily of identical type or make) subject as set out herein.
7.3 In the event that for reasons beyond their control the Supplier is unable to replace faulty goods the hire of the Goods shall be terminated on the date the Supplier receives notice of the defect.
7.4 In the event that the Goods require repairing or replacing due to misuse the costs of the repair or replacement (including transport costs) shall be borne by the Hirer.
7.5 Whilst the Goods remain at the premises of the Hirer, they shall be responsible for all damage to or loss of the Goods and shall repay to the Supplier in full the cost of repairing or replacing such damaged or lost Goods (fair wear and tear excepted) and in the event of such damage or loss shall continue to pay the hire charges to the Supplier until such compensation has been paid or until the end of the agreed hire period (whichever is the later).

8. CANCELLATION OF CONTRACT

This agreement may immediately be terminated without notice by The Supplier in the event that the Hirer:
8.1 Fails to make payment on the proper date of any sum due to The Supplier for the hire of the Goods or any other goods hired from The Supplier by the Hirer or if the Hirer or if the Hirer defaults in payment of any sums of whatsoever nature due to The Supplier or
8.2 Suffers any distress or execution to be levied against him or makes or process to make an arrangement with his creditors or being a company goes into liquidation (other than a member’s voluntary liquidation) or fails to comply with the terms and conditions of this contract or any other contract which the Hirer has with The Supplier.
8.3 In the event that this agreement is terminated pursuant to the terms of this clause The Supplier shall be permitted to enter the Premises (or any other property to which the Goods have been transferred) for the purpose of taking possession of Goods.
8.4 The termination of this agreement is without prejudice to the rights of either party against the other In respect of any antecedent breach.
8.5 In the event that The Supplier waives any terms or conditions of this contract they reserve the right to reinstate such terms or conditions forthwith and to enforce a breach of such terms or conditions.

9. LIMIT OF SUPPLIERS LIABILITY

9.1 The Hirer hereby indemnifies the Supplier in respect of any claim of whatsoever nature by any person for loss or injury caused by or in connection with the use of the Goods and shall pay all costs arising in respect thereof.
9.2 The Supplier shall not be liable for any injury loss or damage of whatsoever nature arising from any defect in or failure of the Goods and shall not be liable for any consequential loss damage or injury arising from this agreement.

10. FORCE MAJEURE

The Supplier reserves the right to defer the date of delivery or reduce the volume of Goods hired by the Hirer or to cancel the Contract without liability to the Hirer if it is prevented from or delayed in the carrying out of its obligations under the Contract due to circumstances beyond its reasonable control including without limitation any failure or delay on the part of the manufacturer of any of the Goods to supply the Goods to the Supplier, any strike, lock-out or other industrial action, fire, explosion, flood, closure of motorways or other roads leaving no alternative route, unusually severe weather conditions or unusually severe traffic congestion which could not reasonably have been anticipated leaving no alternative route, loss of power or telecommunications systems or computer failure or breakdown.

11. ADDITIONAL TERMS

11.1 Failure or delay on the part of the Supplier in enforcing any provision of the Contract shall not be construed as a waiver of any of the Supplier’s rights under the Contract. Any waiver by the Supplier of any breach of, or any default under, any provision of the Contract by the Hirer shall not be deemed to be a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
11.2 If any provision of the Contract is found by any Court, tribunal or other administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
11.3 The Supplier, but not the Hirer, may assign its rights and obligations under the Contract.
11.4 Any written communication given pursuant to the Contract must be sent by pre-paid first class post to the registered office of the addressee or such other address as may have been notified in writing and shall be deemed to have been received by the addressee two business days after the date of posting.
11.5 The parties to the Contract do not intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
11.6 The Contract shall be governed by the laws of England and the Supplier and the Hirer agree to submit to the non-exclusive jurisdiction of the English Courts.
11.7 If the Hirer is a partnership the liability of the individual partners to the Supplier shall be joint and several.
11.8 The signature on behalf of a Hirer who is a limited Supplier by any person purporting to sign with the Hirer’s authority shall bind the Hirer and the Hirer shall be liable to comply with the terms of the Contract.
11.9 The Hirer shall be liable to comply with the terms of the Contract and pay for any Goods which are ordered using its Hirer account number.
11.10 The Supplier reserves the right to amend these Terms and Conditions from time to time on giving not less than 7 days prior notice to the Hirer.