Terms & Conditions of Business
1. INTERPRETATION
In these Conditions:
"Buyer" means the person, firm or company who accepts a quotation of Unicorn fire & safety solutions Ltd for the sale of the Product or the supply of Services or whose order for the product or supply of services is accepted by Unicorn fire & safety solutions.
"Product" means the product or products which Unicorn fire & safety solutions Ltd are to supply in accordance with these Conditions (including any part or parts of them).
“Services” means the Services to be supplied by Unicorn fire & safety solutions Ltd under the Contract in connection with the undertaking of a Fire Risk Assessment, provision of fire and general health & safety advice, undertaking of training, servicing of the Buyer’s fire extinguishers, together with any other Services which Unicorn fire & safety solutions Ltd provides or agrees to provide to the Buyer.
"Conditions" means the standard terms and Conditions of sale and for the supply of Services set out in this document and (unless the context otherwise requires) includes any special terms and Conditions agreed in writing between the Buyer and Unicorn fire & safety solutions Ltd.
"Contract" means any Contract between Unicorn fire & safety solutions Ltd and the Buyer for the purchase and sale of the Product and/or the supply of Services, incorporating these Conditions subject to Condition 2.1.
"Writing" includes facsimile transmission and comparable means of communication.
“Work” means any work to be done by Unicorn fire & safety solutions Ltd whether by way of inspection, servicing, repairs or otherwise.
“Servicing of Equipment” means the inspection and servicing of portable and non-portable fire fighting equipment and other relevant health and safety apparatus in accordance with the current British, European or other bona fide National Standards.
“Open training course” means a course advertised by Unicorn fire & safety solutions Ltd which is open to any party to attend and on which an individual or organisation can purchase one or more places.
Any reference in these Conditions to any provision of a statute shall be constructed as a reference to that provision as amended, re-enacted or extended at the relevant time.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
Words in the singular include the plural and, in the plural, include the singular.
2 BASIS OF SALE
2.1 Unicorn fire & safety solutions Ltd shall sell and the Buyer shall purchase the Product and/or Services in accordance with any written or verbal quotation of Unicorn fire & safety solutions Ltd which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by Unicorn fire & safety solutions Ltd, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and Conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer. No terms or Conditions endorsed upon, delivered with or contained in the Buyer’s purchase order, confirmation of order, acceptance of a quotation or specification or other document will form part of the Contract simply as a result of such document being referred to in the Contract.
2.2 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Unicorn fire & safety solutions Ltd. Unicorn fire & safety solutions Ltd employees or agents are not authorised to make any representations concerning the Product or Services unless confirmed by Unicorn fire & safety solutions Ltd in writing in the quotation accepted by the Buyer. In entering into the Contract, the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
3 ORDERS AND SPECIFICATIONS
The Buyer shall be responsible for ensuring the accuracy of any order submitted to Unicorn fire & safety solutions Ltd.
3.1 Each acceptance by the Buyer of a written or verbal quotation from Unicorn fire & safety solutions Ltd or each written or verbal order of the Buyer which is accepted by Unicorn fire & safety solutions Ltd for the Product or Services shall be deemed to be an offer by the Buyer to buy the Product or Services specified in it subject to these Conditions.
3.2 No order submitted by the Buyer shall be deemed to be accepted by Unicorn fire & safety solutions Ltd unless and until confirmed verbally or in writing by an order acknowledgement issued by Unicorn fire & safety solutions Ltd or, if earlier, when Unicorn fire & safety solutions Ltd delivers the Product and/or provides the Services to the Buyer, when a Contract for the sale of the Product and/or the supply and purchase of those Services on these Conditions will be established.
3.3 Any quotation is given on the basis that no Contract shall come into existence until Unicorn fire & safety solutions Ltd dispatches an order acknowledgement to the Buyer, in accordance with Condition 3.2 or delivers the Product and/or provides the Services. Any quotation is valid for a period of 30 days only from its date, provided that Unicorn fire & safety solutions Ltd has not previously withdrawn it.
3.4 The quantity, price, product number and description of the Product and the price, timing and description of the Services shall be those set out in Unicorn fire & safety solutions Ltd quotation or order acknowledgement, subject to Clause 5.
3.5 Unicorn fire & safety solutions Ltd shall not be liable for any variations in any specification or description of the Product which do not materially affect the specification, use and operation of the Product. Unicorn fire & safety solutions Ltd shall be entitled to substitute any Product ordered with product of similar quality and capacity. Unicorn fire & safety solutions Ltd reserves the right to make any changes in the specification of the Product and/or Services so as to conform with any applicable safety or other statutory requirements.
3.6 Unicorn fire & safety solutions Ltd shall be under no liability in respect of any defects or loss arising from failure to follow Unicorn fire & safety solutions Ltd written instructions as to assembly, positioning or use of any Product supplied by Unicorn fire & safety solutions Ltd.
3.7 No order which has been accepted by Unicorn fire & safety solutions Ltd may be cancelled by the Buyer except with the agreement in writing of Unicorn fire & safety solutions Ltd and on terms that the Buyer shall indemnify Unicorn fire & safety solutions Ltd in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Unicorn fire & safety solutions Ltd as a result of cancellation.
4. COMMENCEMENT AND DURATION OF THE SERVICES
4.1 The Services supplied under the Contract shall be supplied by Unicorn fire & safety solutions Ltd to the Buyer following acceptance by Unicorn fire & safety solutions Ltd of the Buyer’s offer in accordance with Condition 3.2.
4.2 Where the Services supplied under the Contract are to be supplied on an ongoing basis or for a fixed term as set out in Unicorn fire & safety solutions Ltd quotation or order acknowledgment, then unless the Contract is terminated earlier by Unicorn fire & safety solutions Ltd in accordance with Conditions 8 and/or 15, a Contract supplying Services on an ongoing basis may be terminated by either party giving the other not less than 2 months’ notice and a Contract supplying Services for a fixed term shall expire by effluxion of time.
5. CANCELLATION OF TRAINING SERVICES
5.1. This clause will apply if the Buyer cancels the Services of Unicorn fire & safety solutions Ltd.
5.2. If the Buyer cancels the Services a cancellation charge may (at the discretion of Unicorn fire & safety solutions Ltd) be payable.
5.3. Cancellation charges will be calculated as a percentage of the Price as follows:
Date of Cancellation Percentage Payable
From the date of the Contract to 28 calendar days prior to the date of provision of the Services. 0%
27-8 calendar days prior to the date of provision of the Services. 50%
7 calendar days or less to the date of the provision of the Services. 100%
5.4. Once the Buyer has received confirmation of the provision of a training course or place/places on the training course, the Buyer will be liable for the whole fee unless we receive written notification of cancellation.
5.5. No refund will be made for bookings cancelled less than one weeks before the event, except at the discretion of the Training Manager. However, Unicorn fire & safety solutions Ltd will consider transferring the course fee to another course, or course date, less an administration fee of 15 per cent.
5.6. No refund will be made for non-attendance on the course.
6. Cancellation of Training Services by Unicorn fire & safety solutions
6.1. In the unlikely event of cancellation of a training course by Unicorn fire & safety solutions Ltd, Unicorn fire & safety solutions Ltd will endeavour to inform all participants two weeks before the course is due to take place, although please be aware that this is not always possible. All course fees paid will be reimbursed in full, but Unicorn fire & safety solutions Ltd are unable to reimburse any other costs that may have been incurred, including flights, accommodation etc.
6.2. Unicorn fire & safety solutions Ltd undertakes to provide the training course on the date specified except when external circumstances prevent this. In these circumstances Unicorn fire & safety solutions Ltd will endeavour to re run the course on a mutually agreeable basis.
6.3. Unicorn fire & safety solutions Ltd reserves the right to cancel a course, though we make every effort to ensure this does not occur. In the event of a course being cancelled by Unicorn fire & safety solutions Ltd alternative dates will be proposed or a full refund of monies paid will be made to the customer.
6.4. Unicorn fire & safety solutions Ltd takes no responsibility for loss of profit and/or for any incidental, consequential special or indirect losses as a consequence of exceptional cancellations.
6.5. Unicorn fire & safety solutions Ltd shall not be responsible for any other loss incurred by the Customer as a result of a cancellation or reschedule.
7. PRICE
7.1 The price of the Product and the charges for Services and any related equipment shall be Unicorn fire & safety solutions Ltd quoted price/charge or, in the absence of a quoted price/charge, the price/charge set out in Unicorn fire & safety solutions Ltd price/charges list current on the date of delivery/supply of Services or deemed delivery/supply of Services. The charges for the Services exclude the cost of any additional servicing not specified in the Contract and/or any repair work, materials, replacements or replacement parts required for any Product which are not covered by any applicable guarantee, other than small parts relating to fire extinguishers each costing not more than £5.00.
7.2 Unicorn fire & safety solutions Ltd reserves the right, by giving notice in writing from time to time to the Buyer pursuant to increasing the price of the Product and/or the charges for the Services at its discretion to reflect any increase in the cost to Unicorn fire & safety solutions Ltd for any reason whatsoever.
7.3 Unicorn fire & safety solutions Ltd shall notify the Buyer in writing of any increase in the quoted price no later than 14 days before the date of delivery of the product or the supply of Services. The Buyer shall notify Unicorn fire & safety solutions Ltd in writing within 7 days thereafter of its desire to cancel the Contract if appropriate, subject to Condition 4. Charges for Services will be reviewed on an annual basis.
7.4 The price will detail the amount of value added tax applicable, which the Buyer shall be additionally liable to pay to Unicorn fire & safety solutions Ltd when it is due to pay for the Product and/or Services.
8. TERMS OF PAYMENT
8.1 Subject to any special terms agreed in writing between the Buyer and Unicorn fire & safety solutions Ltd, Unicorn fire & safety solutions Ltd shall be entitled to invoice the Buyer for the price of the Product or the provision of the Services on or at any time after delivery of the Product or the supply of Services. Unicorn fire & safety solutions Ltd shall also be entitled to request payment or part-payment for the Product or Services from the Buyer in advance of delivery of the Product or supply of the Services.
8.2 For all Goods and Services other than Training, unless specifically agreed otherwise by Unicorn fire & safety solutions Ltd in writing, Unicorn fire & safety solutions Ltd terms of payment are that each invoice is payable within 30 days of receipt of invoice (‘the Due Date’).The time of payment of the price shall be of the essence of the Contract. No payment shall be deemed to have been received until Unicorn fire & safety solutions Ltd has received cleared funds. Receipts for payment will be issued only upon request.
8.3 Where agreed in writing in advance, an extension to the 30-day period stipulated for payment may be agreed. In these circumstances the time of payment of the Price shall be of the essence of the Contract
8.4. If the Buyer fails to make any payment on the due date or Unicorn fire & safety solutions Ltd has reasonable grounds for believing that the Buyer may default in making any payment on the due date then, without prejudice to any other right or remedy available to Unicorn fire & safety solutions, Unicorn fire & safety solutions Ltd will be entitled to:
8.4.1 cancel or terminate the Contract or suspend any further deliveries or all Services provided to the Buyer; and
8.4.2 charge the Buyer interest (both before and after any judgement) on the amount unpaid, at 5% per annum above the base rate for the time being of the Bank of England and withdraw all credit facilities given to the Buyer. Unicorn fire & safety solution Ltd reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 (or subsequent relative legislation).
8.5 All payments payable to Unicorn fire & safety solutions Ltd under the Contract shall become due immediately upon termination of the Contract despite any other provision.
8.6 The Buyer shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise for breach of Contract, negligence or any other remedy by any other means whatsoever whether statutory or otherwise unless the Buyer has a valid court order requiring any amount equal to such deduction to be paid by Unicorn fire & safety solutions Ltd to the Buyer.
8.7 Payment of the total Contract price in British Pound Sterling (plus VAT) is to be made by cheque or BACS transfer. Invoices will not normally be raised prior to the date of delivery (excepting for training provision which is detailed below). All transactions are to be paid for in UK Sterling Currency.
8.8. No discount or allowance will be made unless otherwise specifically agreed by Unicorn fire & safety solutions Ltd in writing.
For all Training Services:
8.9. For individual places on an open training course, 50% of the total Price is required as a deposit at the time of placing an order, the balance is to be paid 14 days prior to the commencement of the course.
9 DELIVERY
9.1 Unless otherwise agreed, delivery of the Product shall be made by Unicorn fire & safety solutions Ltd to the Buyer's premises and provision of the Services shall be made at the location notified by the Buyer.
9.2 Any dates quoted for delivery of the Product are approximate only and Unicorn fire & safety solutions Ltd shall not be liable for any delay in delivery of the Product and/or provision of the Services nor any direct or indirect or consequential loss or damage (including loss of profit), costs, charges or expenses caused directly or indirectly by any delay in the delivery of the Product or provision of the Services (even if caused by Unicorn fire & safety solutions Ltd negligence), nor will any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 90 days. Time for delivery of the Product and/or provision of Services shall not be of the essence unless previously agreed by Unicorn fire & safety solutions. The Product may be delivered and/or the Services provided by Unicorn fire & safety solutions Ltd in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
9.3 If the Buyer fails to take delivery of the Product or fails to give Unicorn fire & safety solutions Ltd adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Unicorn fire & safety solutions Ltd fault) then, without prejudice to any other right or remedy available to Unicorn fire & safety solutions, Unicorn fire & safety solutions Ltd may store the Product until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage.
9.4 The quantity of any consignment of Product as recorded by Unicorn fire & safety solutions Ltd upon dispatch from Unicorn fire & safety solutions Ltd place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide reasonable evidence proving the contrary.
9.5 Any liability of Unicorn fire & safety solutions Ltd for non-delivery of the Product shall be limited to replacing the Product within a reasonable time or issuing a credit note against the pro rata Contract rate against any invoice raised for such Product.
10. RISK AND PROPERTY
10.1 Risk of damage to or loss of the Product shall pass to the Buyer:-
10.1.1 in the case of a product to be collected by the Buyer from Unicorn fire & safety solutions Ltd premises, at the time when Unicorn fire & safety solutions Ltd notifies the Buyer that the Product is available for collection; or
10.1.2 in the case of the Product to be delivered otherwise than at Unicorn fire & safety solutions Ltd premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Product, the time when Unicorn fire & safety solutions Ltd has tendered delivery of the Product.
10.2 Notwithstanding delivery and the passing of risk in the Product, or any other provision of these Conditions, the property in the Product shall not pass to the Buyer until Unicorn fire & safety solutions Ltd has received in cash or cleared funds payment in full of the price:-
10.2.1 of the Product; and
10.2.2 all other sums then due and payable by the Buyer to Unicorn fire & safety solutions Ltd.
10.3 Until the property in the Product passes to the Buyer, the Buyer:-
10.3.1 must hold the Product on a fiduciary basis as Unicorn fire & safety solutions Ltd bailee;
10.3.2 must maintain the goods in satisfactory condition and keep the Product separate from all other goods of the Buyer and third parties and properly stored, protected and insured (for their full price against all risks) and clearly identified as Unicorn fire & safety solutions Ltd property (at no cost to Unicorn fire & safety solutions);
10.3.3 must not destroy, deface or obscure any identifying mark or packaging on or relating to the Product;
10.3.4 must hold the proceeds of any insurance referred to on trust for Unicorn fire & safety solutions Ltd and not mix them with any other money, nor pay the proceeds into an overdrawn bank account; and
10.3.5 shall not deal with or dispose of the Product or any interest therein (other than by a sale to an independent purchaser buying for full value in the ordinary course of the Buyer’s business).
10.4 Until such time as the property in the Product passes to the Buyer (and provided the Product is still in existence and has not been resold), Unicorn fire & safety solutions Ltd shall be entitled at any time to require the Buyer to deliver up the Product to Unicorn fire & safety solutions Ltd and if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Product is stored and repossess the Product.
10.5 The Buyer’s right to possession of the Product shall terminate immediately on the occurrence of any of the events specified in Condition 11 below.
10.6 Unicorn fire & safety solutions Ltd shall be entitled to recover payment for the Product notwithstanding that ownership of any of the Product that has not passed from Unicorn fire & safety solutions Ltd.
10.7 The Buyer grants Unicorn fire & safety solutions Ltd, its agents and employees an irrevocable licence at any time to enter any premises where the Product is or may be stored in order to inspect it, or, where the Buyer’s right to possessions has terminated, to recover such Product.
10.8 Where Unicorn fire & safety solutions Ltd is unable to determine whether any product is the product in respect of which the Buyer’s right to possession has terminated, the Buyer shall be deemed to have sold all goods of the kind sold by Unicorn fire & safety solutions Ltd to the Buyer in the order in which they were invoiced to the Buyer.
10.9 On termination of the Contract, howsoever caused, Unicorn fire & safety solutions Ltd (but not the Buyer’s) rights contained in this Condition 8 shall remain in effect.
11. WARRANTIES
THIS WARRANTY IS IN ADDITION TO AND DOES NOT AFFECT YOUR STATUTORY RIGHTS.
11.1. All Unicorn fire & safety solutions Ltd Products unless otherwise stated, are guaranteed for a period of twelve months from the date of delivery against defects in design, materials or workmanship. If there are any such defects then Unicorn fire & safety solutions Ltd shall, at our option and expense, repair or replace the defective Products free of charge provided that the Products have not become defective for any other reason, such as accidental damage or a failure to use or install them in accordance with Unicorn fire & safety solutions Ltd instructions.
11.2 Subject to the Conditions set out below Unicorn fire & safety solutions Ltd warrants that the Product will correspond with its specification and be free from defects at the time of delivery. Where Unicorn fire & safety solutions Ltd is not the manufacturer of the Product Unicorn fire & safety solutions Ltd shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to Unicorn fire & safety solutions Ltd by such manufacturer.
11.3 The above warranty is given to the Buyer subject to the condition that Unicorn fire & safety solutions Ltd shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working Conditions, failure to follow Unicorn fire & safety solutions Ltd instructions, misuse or alteration of the Product without Unicorn fire & safety solutions Ltd approval.
11.4 Any claim by the Buyer which is based on any defect in the quality or condition of the Product or its failure to correspond with specification or quantity ordered shall (whether or not delivery is refused by the Buyer) be notified to Unicorn fire & safety solutions Ltd within 5 working days of delivery or (where the defect or failure was not apparent on reasonable inspection) within 5 days after discovery of the defect or failure, whichever is the earlier but, in any event, by no later than 12 months from the original delivery date. If delivery is not refused, and/or the Buyer does not notify Unicorn fire & safety solutions Ltd accordingly, the Buyer shall not be entitled to reject the Product and Unicorn fire & safety solutions Ltd shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Product had been delivered in accordance with the Contract.
11.5 Where any valid claim in respect of the Product which is based on any defect in the quality or condition of the Product or its failure to meet specification is notified to Unicorn fire & safety solutions Ltd in accordance with these Conditions, Unicorn fire & safety solutions Ltd shall investigate the claim and, where appropriate, inspect the Product and test a sample. If Unicorn fire & safety solutions Ltd is satisfied that the claim is valid, it shall be entitled to replace the Product free of charge or, at Unicorn fire & safety solutions Ltd sole discretion, refund to the Buyer the price of the Product (or a proportionate part of the price), but Unicorn fire & safety solutions Ltd shall have no further liability to the Buyer in respect of such Product.
12. SECONDARY DAMAGE
12.1.Unicorn fire & safety solutions Ltd is not liable for any damage to property or consequential loss, e.g. loss of product, loss of profit, loss of goods in store which arises by defects or delays in delivery of products irrespective of the cause, including faulty manufacture.
13 LIABILITY
13.1 Subject to Condition 11, the following provisions set out the entire financial liability of Unicorn fire & safety solutions Ltd (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:-
13.1.1 any breach of the Contract;
13.1.2 any use made or resale by the Buyer of any of the Products or Services or any part of them; and
13.1.3 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
13.2 Subject as expressly provided in these Conditions, all warranties, Conditions or other terms implied by statue or common law (save for the Conditions implied by section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods & Services Act 1982 (or other subsequently enacted relevant legislation)) are excluded from the Contract to the fullest extent permitted by law.
13.3 Nothing in these Conditions excludes or limits the liability of Unicorn fire & safety solutions Ltd for death or personal injury caused by Unicorn fire & safety solutions Ltd negligence or for any damage or liability incurred by the Buyer as a result of Unicorn fire & safety solutions Ltd fraudulent misrepresentation or for any liability incurred by the Buyer as a result of any breach by Unicorn fire & safety solutions Ltd of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982, or for any matter which it would be illegal for Unicorn fire & safety solutions Ltd to exclude or attempt to exclude its liability.
13.4 Unicorn fire & safety solutions Ltd shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform, any of Unicorn fire & safety solutions Ltd obligations in relation to the Product, if the delay or failure was due to any cause beyond Unicorn fire & safety solutions Ltd reasonable control.
THE BUYER’S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CONDITION 10.5
13.5 Subject to Conditions 10.2 and 10.3:-
13.5.1 Unicorn fire & safety solutions Ltd total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to £1,000,000.
13.5.2 Unicorn fire & safety solutions Ltd shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs or expenses or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with the Contract.
14. INSOLVENCY OF THE BUYER
14.1 This Condition applies if:-
14.1.2 the Buyer makes any voluntary arrangement with its creditors or becomes subject to any administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of a solvent amalgamation or reconstruction); or
14.1.3 an encumbrancer takes possession, or a receiver, administrative receiver or administrator is appointed of any of the property or assets of the Buyer; or
14.1.4 the Buyer ceases or threatens to cease to carry on business; or
14.1.5 Unicorn fire & safety solutions Ltd reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
14.2 If this Clause applies then, without prejudice to any other right or remedy available to Unicorn fire & safety solution, Unicorn fire & safety solutions Ltd shall be entitled to cancel or terminate the Contract or suspend any further deliveries or supply of Services under the Contract without any liability to the Buyer immediately on giving notice to the Buyer, and the Buyer shall immediately pay to Unicorn fire & safety solutions Ltd all of Unicorn fire & safety solutions Ltd outstanding unpaid invoices and interest., In respect of Services which have already been supplied but for which no invoice has been submitted Unicorn fire & safety solutions Ltd may submit an invoice which shall be payable immediately or on receipt and in respect of Product that has been delivered but not paid for the price shall become immediately due and payable, notwithstanding any previous agreements or arrangement to the contrary.
15. MISREPRESENTATION ACT 1967
Technical Data and Information contained on-line, technical publications or within catalogues are for guidance only and we will not be held responsible for any misinterpretations or mistakes due to such information. NE Fire Extinguishers will not be held liable for verbal advice given other than in the case of fraudulent information.
16 FORCE MAJEURE
Unicorn fire & safety solutions Ltd reserves the right to defer the date of delivery of the Product or the Services or to cancel the Contract or reduce the volume of Product ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in performing its obligations under the Contract or from the carrying on of its business due to circumstances beyond the reasonable control of Unicorn fire & safety solutions Ltd including, without limitation, acts of God, government actions, war or national emergency, acts of terrorism, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), compliance with any law or governmental order, rule, regulation or direction, failure of a utility Service or transport network, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials or default of suppliers or sub-contractors provided that, if the event in question continues for a continuous period in excess of 180 days, the Buyer shall be entitled to give notice in writing to Unicorn fire & safety solutions Ltd to terminate the Contract.
17 GENERAL
17.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. Any notice shall be deemed to have been received if sent by pre-paid first class post 2 working days after posting (excluding the day of posting) or if delivered by hand on the day of delivery.
17.2 No waiver by Unicorn fire & safety solutions Ltd of any breach of or any default under the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision and will in no way affect the other terms of the Contract.
17.3.3 Failure or delay by Unicorn fire & safety solutions Ltd in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
17.4 If any provision of these Conditions is held by any competent authority to be wholly or partly illegal, invalid, void, voidable, unreasonable or unenforceable it shall to the extent of such illegality, invalidity, voidness, voidability, unreasonableness or unenforceability be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
17.5 Each right and remedy of Unicorn fire & safety solutions Ltd under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
17.6 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
17.7 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company. Unicorn fire & safety solutions Ltd may assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract or any part of it to any person, firm or company.
17.8 The Contract and these Conditions constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter thereof. Each of the parties acknowledges and agrees that in entering into the Contract it does not rely on and shall have no remedy in respect of any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether a party to the Contract or not) other than as expressly set out in the Contract and these Conditions. The only remedy available to it shall be for breach of Contract under the terms of the Contract. Nothing in this Condition shall, however, operate or limit or exclude any liability for fraud.
17.9. The Contract shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
17.10. All correspondence may be addressed to Unicorn fire & safety solutions Ltd whose registered office is Unicorn House, 6 Salendine, Shrewsbury, Shropshire, SY1 3XJ.