OVERVIEW
This website is operated by Plyable. Throughout the site, the terms “we”, “us” and “our” refer to Plyable. Plyable offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Plyable, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Plyable and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England & Wales.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@Plyable.com.
Terms And Conditions For The Sale Of Goods And Services.
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1. DEFINITIONS
Company: Defined as Plyable Ltd. 14 Fenchurch Court, Bobby Fryer Close, Oxford, OX4 6ZN
Customer: Person, persons or company who buys or agrees to buy the goods from the Company.
Conditions: Terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Company.
Goods and Services: Articles which the Customer agrees to buy from the Company.
Price: Price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
2. CONDITIONS
2.1 The terms and conditions set out in this document represent the comprehensive and sole agreement between the Company and the Customer relating to the terms and conditions of sale and the supply and sale of Goods and/ or Services from the Company to the customer and supersede any other conditions previously issued including the Customer’s own standard conditions of purchase or any other conditions which the Customer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders received by the Company are regarded to be an offer by the Customer to purchase Goods and/ or Services in accordance with these terms and conditions.
2.3 These terms and conditions may not be altered or amended without the expressed written consent of a Director from the Company.
3. ESTIMATES, QUOTATIONS AND ORDERS
3.1 Estimates or quotations given to the Customer by the Company do not constitute a binding agreement or contract to supply Goods and/ or Services until the Company receives and has accepted the Customer’s order, via the means of the Company issuing order confirmation documentation.
3.2 Prices quoted by the Company will be valid for a period of 28 days from the date of the quote. However, the Company reserves the right to withdraw, amend or alter the stated terms of any estimates or quotations issued at any time. As such, estimates or quotations issued by the Company do not constitute a binding offer to supply Goods and/ or Services at the quoted value or within the quoted time frame.
3.3 All lead times are quoted in “working days”, constituting the Company’s standard working week, Monday through Friday.
3.4 All prices quoted are EX works. Quotes prices exclude VAT, delivery (see 6.2) and all other applicable taxes and carriage.
3.5 Once the Customer has placed an order, it can only be canceled at the discretion of the Company. In the instance the Customer cancels an order, the Company reserves the right to invoice for the order in full.
3.6 Once the Customer has placed an order, the Customer agrees to accept all additional reasonable charges resulting from any specification change that deviates from the Customer’s original order.
4. PAYMENT AND INVOICING
4.1 The Company’s standard payment terms operate on a proforma basis. The Company reserves the right to delay the commencement of work and/or delivery of an order until the Company is satisfied that payment for the Goods and/ or Services has been received in full.
4.2 Credit accounts are offered entirely at the discretion of the Directors of the Company and can be withdrawn at anytime, for any reason. Should a credit facility be withdrawn from the Customer, outstanding payments shall be immediately settled in full, in line with the terms and conditions set out in this document.
4.3 Payment of all invoices issued by the Company for orders placed on a Customer’s credit account shall be due in full within 28 days of the date of the Company’s invoice.
4.4 Overdue invoice payments will result in a late payment demand under the Late Payment of Commercial Debts (Interest) Act 1998. The Customer accepts the liability for all additional costs incurred by the Company relating to the collection of debt arising from late invoice payments.
4.5 All Goods manufactured by the Company are bespoke Customer requirements and have no value to the Company save for the invoiceable price. As such, the return of Goods in lieu of payment will not be accepted under any circumstance.
4.6 The Customer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Company.
4.7 Upon an occasion of late invoice payments, the Company reserves the right to suspend all deliveries due to the Customer until payments due are settled in full.
5. WARRANTIES AND LIMITATION OF LIABILITY
5.1 It is the sole responsibility of the Customer to ensure that Goods supplied are fit for purpose, adhere to all applicable legislation and regulatory requirements before and after delivery, installation and operation. Should Goods be used in conjunction with other products it is the Customer’s responsibility to ensure that the use of any such item does not adversely affect the suitability or fitness for purpose of the Goods.
5.2 In the instance where Goods and/ or Services supplied by the Company could cause a Health and Safety risk if incorrectly used, the Customer undertakes that it will ensure compliance as far as reasonably practicable by its employees, agents, licensees and customers. Direction and instructions will be provided by the Customer to ensure that the Goods will be safe and without risk to health if properly used. The Company accepts no liability for death and or personal injury caused by undiscovered defects in supplied Goods and/ or Services.
5.3 The Company bears no liability in respect of any defect in quality, condition, fitness or deviation from the intended specification of the supplied Goods until the Company has been notified in writing. Notification of such an issue must clearly state the grounds for such rejection and take place within 48 hours of delivery. It is the Customer’s responsibility to ensure the safe quarantine of any Goods supplied that it deems to be defective immediately on discovery until the resolution of the claim.
5.4 The total extent of liability to the Company relating to the supply of Goods and/ or Services under the terms of this contract, however such liability arises shall under no circumstance exceed the contract price for the Goods and/ or Services.
5.5 It is the Company’s responsibility to ensure that supplied Goods and/ or Services comply at the point of delivery to the specification outlined by the Customer at point of order. Changes that deviate from the required specification outlined in the Customer’s original order such as design changes, alterations or up-issues must be clearly communicated in writing to the Company to ensure that Goods and/ or Services comply with the Customer’s revised specification at point of delivery. The Company reserves the right to decline a Customer’s request to make alterations to their original order on the grounds of cost or technical feasibility and makes no assurance that Goods and/ or Services will be supplied to any amended specification until the Company formally issues acknowledgment of the planned amendments to the customer in writing.
5.6 The Company supplies all manufactured Goods to its standard achievable engineering tolerances, available upon request. Should the Customer require their order to be manufactured to alternative tolerances, the Customer must inform the Company at the time of placing the order.
5.7 The factors that define the degradation in the quality of the Company’s Goods and/ or Services after the point of delivery, solely lie under the control of the Customer. Therefore the Company cannot make any guarantee towards the longevity or service life of any Goods and/ or Services supplied. All information emanating from the Company regarding the quoted number of components that can be manufactured from a given material constitutes an estimation and not a guarantee.
5.8 The Company agrees to repair or replace free of charge any Goods, which in the reasonable opinion of the Company are defective due to a manufacturing fault, but only if the defects are reported in writing to the Company within 48 hours of delivery, as outlined in 5.3. Where a valid claim is notified to the Company in accordance with these conditions, the Company shall either, at their discretion, replace the Goods, or refund to the Customer the price of the Goods. The Company will not be responsible for the cost of removing or reinstalling the Goods unless agreed in writing with a Director of the Company.
5.9 The Company shall not be liable for any indirect or consequential loss or damage or loss of profit or business or depletion of goodwill which arises out of or in connection with the Contract.
5.10 These terms and conditions set out the Company’s entire liability in respect of the Goods and the rights granted under them are in lieu and to the exclusion of all other warranties, conditions and other terms expressed or implied by statute or common law except for any which cannot legally be excluded.
6. DELIVERY OF GOODS.
6.1 The Company will deliver Goods to the Customer’s business address. The Customer is responsible for making all necessary arrangements to accept delivery of the Goods.
6.2 All orders are placed in accordance with Incoterm 2020 DAP (customers nominated address). The cost of delivery carriage is not included in the price of Goods and will be invoiced to the Company in addition to Goods Supplied.
6.3 The Company will ensure that all reasonable endeavours are made to deliver Goods and/ or Services on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of this contract. Furthermore, The Company accepts no liability for any loss or damage arising directly or indirectly from late or short delivery of Goods and/ or Services.
6.4 The Customer agrees to accept all deliveries made by the Company without prejudice.
6.5 Should the Customer fail to take delivery of the Goods on the agreed delivery date or, in circumstance that no delivery date has been arranged by the Customer, the Company shall be entitled to charge the Customer reasonable storage costs for the Goods from the date the Goods become ready for dispatch.
6.6 Times and dates stated by the Company for delivery of Goods and/ or Services is an estimate only and not a binding assurance, failure to deliver in accordance with this estimate will not entitle the Customer to view the Contract as repudiated.
6.7 The Company reserves the right to reject the return of Goods. In the event that the Company agrees to accept the return of any Goods and/ or Services this will occur entirely at the expense of the Customer.
7. ACCEPTANCE OF GOODS
7.1 With the exception of the provisions outlined in 5.3, the Customer shall be deemed to have accepted the Goods 48 hours after delivery and an invoice for the value of Goods will be issued.
7.2 The utilisation or use of Goods and/ or Services supplied to the Customer is deemed immediate acceptance of the Goods. Adjudication as to the utilisation or otherwise of Goods and/ or Services lies solely with the Company.
7.3 Where the Customer has accepted, or has been deemed to have accepted the Goods and/ or Services the Customer shall not be entitled to reject Goods and/ or Services which are not in accordance with the contract.
8. OWNERSHIP AND INSURANCE
8.1 Risk and title shall pass on delivery of the Goods to the Customer’s address. 4.6
8.2 Under no circumstances shall the return of title to the Company be accepted in lieu of payment by the Customer.
8.3 Under circumstance where any Goods supplied are in the ownership of the Company, but in the position of the Customer, the Customer will make provision to hold and maintain appropriate insurance cover for the Goods.
9. MISREPRESENTATION
9.1 The Company will not accept liability in respect of any misrepresentation due to fraudulent representation or misrepresentation made by the Company and its employees or agents to the Customer’s employees and agents in relation to their condition to be fit for purpose, the quantity and/or measurements required unless the representation made has been provided in writing from the Company.
10. FORCE MAJEURE
10.1 The Company shall be under no liability for any loss (including consequential loss or loss of profit) damage or delay or expenses of any kind whatsoever caused wholly or in part by any events or circumstances beyond the reasonable control of the party affected, including, but not limited to, Act of God, outbreak of war, civil commotion, government policies or restrictions or control including restrictions on export or import or other licences, trade or industrial disputes, of whatever nature, whether or not such dispute involves the Company, its employees or agents, or by any other contingency, whatsoever which is beyond the control of the Company.
11. DEFAULT
11.1 If the Customer commits any breach of the Contract, the Company may stop any goods in transit or suspend future scheduled deliveries by providing notice in writing to the Customer.
11.2 Under such circumstance where the Company is informed that the Customer has, threatens to or it is reasonably expected to either enter into any voluntary arrangement with its creditors, enters into an administration order, becomes bankrupt, goes into liquidation, has a receiver appointed or an encumbrance takes possession of any of the property or assets of the Customer or the Customer ceases to carry on business, the Company reserves the right to terminate this contract with immediate effect and for payment Goods and/ or Services to become immediately due and payable notwithstanding any previous agreement to the contrary.
12. PATENTS, TRADEMARKS AND DATA PROTECTION .
12.1 The Company makes no representation that Goods and/ or Services supplied do not infringe any patents, trademarks, registered designs or other such intellectual property rights. Furthermore the Company takes no liability to ensure that CAD data, materials, components or other such parts issued to the Company to aid in the supply of Goods and/ or Services do not infringe any patents, trademarks, registered designs, confidentiality or other such intellectual property rights.
12.2 The Customer will unconditionally indemnify the Company against all losses, damages, costs on an indemnity basis and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the Company as a consequence of the Company supplying goods to specifications or designs provided by or on behalf of the Customer, including in settlement of any claim for infringement of any patents, copyright, design, trademark or any other industrial or intellectual property rights of another person.
12.3 All protected data and intellectual property sent to the Company by the Customer is protected by the Company’s privacy policy, available upon request .
13. DISPUTES
13.1 Any liability of the Company under the Contract shall be subject to and conditional upon the due performance and observance by the Customer of all its obligations under these Conditions and the Customer shall not be entitled to withhold or delay payment or exercise any rights of set-off whatsoever and howsoever arising which otherwise might be available.
14. WAIVER
14.1 No failure or delay on the part of the Company to exercise any of its rights under the Contract shall be treated as a waiver. Any waiver instigated by the Company for a breach of this Contract by the Customer of any of its obligations shall not affect the rights of the Company if any additional or further breaches occur.
15. SEVERABILITY
15.1 Each and every obligation within the terms and conditions are to be treated as separate obligations. Therefore if any provision is deemed to be wholly or partly illegal, invalid, void, unenforceable or unreasonable it shall be treated as severable and the remaining terms and conditions remain and are valid.
16. ADDITIONAL NOTES
16.1 The clause headings in these terms and conditions are for convenience only and should not in any way affect the interpretation of the Contract.
16.2 All notices under these Conditions shall be in writing. Notices may be given by email, first class post or personal delivery.
16.3 The Contract shall be governed by English law and be subject to the exclusive jurisdiction of the English Courts.