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Marks Electrical Showroom

Terms and Conditions for the Supply of Goods and Services

  1. INFORMATION ABOUT US AND HOW TO CONTACT US
    1. Who we are. We are Marks Electrical Limited (trading as Kitchens by Marks Electrical) a company registered in England and Wales. Our company registration number is 04463433 and our registered office is at 4 Boston Road, Leicester, England, LE4 1AQ. Our registered VAT number is 424 6745 44.
    2. How to contact us. You can contact us by telephoning our customer service team on 01162515515 or by writing to us at customerservices@markselectrical.co.uk or 4 Boston Road, Leicester, Leicestershire, LE4 1AU.
    3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When we use the words "writing" or "written" in these terms, this includes emails.
  2. OUR CONTRACT WITH YOU, ORDER PROCESS AND DESIGNS
    1. These are the terms and conditions (Terms) on which we supply goods (Goods) or Goods and services (Services) to you.
    2. Please ensure that you read these Terms carefully, and check that the details on the relevant order (Order) and in these Terms are complete and accurate, before you sign and submit the Order. If you think that there is a mistake, please contact us to discuss, and please make sure that you ask us to confirm any changes in writing to avoid any confusion between us. If we agree any changes and issue a new Order, you must check that the new Order is complete and accurate and notify us as soon as possible of any problems.
    3. For the avoidance of doubt, your Order shall include the kitchen design produced by us following our initial visit to, and assessment of, the location at your property where the Goods are to be installed (Design Visit) or where you have confirmed to us that you do not want a Design Visit, produced using the plans, designs and drawings provided by you (Preliminary Design Specification). By signing and submitting the Order you are agreeing to the Preliminary Design Specification including that it meets your requirements.
    4. We consider that these Terms and the Order constitute the whole agreement between us.
    5. When you sign and submit the Order to us, this does not mean we have accepted your order for Goods and (where relevant) Services. Our acceptance of the Order will take place as described in clause 2.6. If we are unable to supply you with the Goods and/or and Services (where relevant), we will inform you of this and we will not process the Order.
    6. These Terms will become binding on you and us when we confirm to you in writing that we have accepted the Order, at which point a contract will come into existence between you and us. A deposit of 25% of the price of the Goods' Price as set out in the Order is payable by you to us at the point we agree the Order as described in clause 9.5.
    7. If any of these Terms conflict with any term of the Order, the Order (including any annexes attached to it) will take priority.
    8. We shall assign an order number to the Order and inform you of it when we confirm the Order. Please quote the order number in all subsequent correspondence with us relating to the Order.
    9. After we have accepted the Order, we will undertake a Technical Survey of the location at your property where the Goods are to be installed and (where relevant) the Services are to be provided as stated in the Order (Installation Location) on a date agreed with you. This will involve us surveying the Installation Location in detail and ensuring that we can provide the Goods and (where relevant) the Services in accordance with the Preliminary Design Specification. Carrying out the Technical Survey ensures that we can provide the Goods and (where relevant) the Services in accordance with the Preliminary Design Specification. The Technical Survey also ensures that we have the necessary information to create the detailed plans for your kitchen on the basis of the Preliminary Design Specification and produce the Technical Design Specification. Please note that we can, and will, only carry out a Technical Survey if the Installation Location is in a sufficiently completed state. You agree to co-operate with us in all matters relating to the Technical Survey.
    10. We may at your written request, supply Goods without undertaking a Technical Survey in which case we will prepare a Technical Design Specification in accordance with the plans and drawings provided by you. We shall however not be liable for any installation issues relating to the Goods provided that the Goods we supply are materially in accordance with the Technical Design Specification. Please note that unless agreed otherwise we do not install Goods unless we have produced a Technical Design Specification following a Technical Survey.
    11. We shall submit the Technical Design Specification to you once it is ready.
    12. If we have to make material changes to the Technical Design Specification compared to the Preliminary Design Specification and/or the Goods' Price and/or Services' Price as set out in the Order increases (Material Changes) then we will notify you and work with you to re-design and/or re-price the relevant Goods and (where relevant) Services where possible. Where we cannot agree a Technical Design Specification and/or increased price in these circumstances, both you and us shall be entitled to cancel the Order by giving the other written notice.
    13. Where the Order and Contract is cancelled in accordance with clause 2.12, we shall return any deposit paid by you save that we shall be entitled to deduct from the deposit any reasonable costs and expenses incurred by us in respect of the Order (including without limitation reasonable management time and third party costs) before such cancellation where the Material Changes arise as a result of: -
      1. information, measurements, plans or drawings originally provided by you which we used to create the Preliminary Design Specification; or
      2. any changes to the Installation Location since the Design Visit.
    14. Please check the Technical Design Specification carefully before agreeing to it. You are responsible for ensuring that the Technical Design Specification is accurate in all respects (including in relation to all measurements and the location (or proposed location) of all items forming part of the Installation Location or which otherwise impact on, or affect, the provision of the Goods and (where relevant) the Services).
    15. Once you have agreed and signed-off the Technical Design Specification, it will be deemed to be part of the Order and will replace the Preliminary Design Specification. Where an updated price for the Goods and (where relevant) the Services has been agreed with you as part of agreeing the Technical Design Specification then this will be the price for the Goods and (where relevant) Services. Otherwise the Goods' Price and/or Services' Price shall be as originally set out in the Order.
    16. If you do not agree a Technical Design Specification which is materially in accordance with the Preliminary Design Specification and the price set out in the Order has not changed, we shall be entitled to cancel the Order by giving you notice in which case we shall return any deposit paid by you after deducting any reasonable costs and expenses incurred by us in respect of the Order (including reasonable management time and third party costs) before such cancellation.
    17. If we are supplying Goods to measurements you have given us, you are responsible for ensuring that these measurements are correct.
  3. CHANGES TO ORDER OR TERMS
    1. We may revise these Terms from time to time or make changes to the Goods, Services and/or Technical Design Specification:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to implement minor technical adjustments and improvements.
    2. If we have to revise these Terms under clause 3.1, we will give you at least one month's written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 13.1(c).
    3. We may (in our sole discretion and provided we have not ordered the relevant Goods from our suppliers) allow you to make a change to the Order before we despatch the Goods or start delivering the Services. Where this means a change in the total price of the Goods and/or Services, we will notify you of the amended price in writing before you decide whether you wish to make the relevant change.
  4. SUPPLY AND DELIVERY OF GOODS
    1. Subject to clause 2.10, we will supply to you the Goods which comprise the kitchen set out in the agreed Technical Design Specification (Kitchen) in accordance with the agreed Technical Design Specification, subject to minor tolerances for measurements which do not affect the overall appearance of the Kitchen. We shall not be liable to you for any issues with the fitting or installation of the Goods provided that we have supplied them materially in accordance with the agreed Technical Design Specification but we will work with you to resolve any such issues (we shall however be entitled to charge you for our reasonable costs in doing so).
    2. Any white goods or other appliances to be supplied as part of the Kitchen shall be chosen and specified by us in our sole discretion unless agreed otherwise or unless particular models are specified in the Technical Design Specification. We shall however ensure that any such Goods are fit for purpose, of satisfactory quality and match any corresponding description provided in the Order (including the agreed Technical Design Specification).
    3. Please ensure you inspect Goods thoroughly on delivery and let us know of any defects, damaged boxes or missing items as soon as possible and in any event within 48 hours.
    4. Please note that all the Goods we supply are bespoke and made to measure and so timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address.
    5. Once you have placed an Order with us, we will provide an estimated delivery date for the Goods. After the Technical Design Specification has been agreed with you, we will contact you with a confirmed delivery date (Delivery Date). Occasionally our delivery to you may be affected by an Event Outside our Control. See clause 12 for the meaning of an "Event Outside our Control" and our responsibilities when this happens.
    6. We will deliver the Goods to the Installation Location and delivery of an Order for Goods shall be completed when we deliver the Goods to the Installation Location.
    7. If no one is available at your address to take delivery, we will leave you a note that the Goods have been returned to our premises, in which case, please contact us to rearrange delivery. If we are unable to deliver the Goods on the Delivery Date, please bear in mind that you will need to pay for the costs of re delivery which is £35.
    8. If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask us to deliver the Order in instalments, we may charge you extra delivery costs.
    9. If you do not pay us for the Goods when you are supposed to as set out in clause 9 we shall be entitled to suspend delivery of the Goods with no liability to you.
    10. The Goods will be your responsibility from the completion of delivery.
  5. THIRD-PARTY MANUFACTURER'S GUARANTEE OF GOODS
    1. The Goods may come with a manufacturer's guarantee. For details, please refer to the guarantee. It is your responsibility to register and activate any guarantees.
    2. Any such guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described.
  6. OUR GUARANTEE OF GOODS
    1. Where the Goods do not come with a manufacturer's guarantee, we guarantee the following: -
      1. where the Goods are doors and cabinets, that on delivery and for a minimum period of 5 years from delivery dependent on manfacturer, the Goods shall be free from material defects; and
      2. for any other Goods, that on delivery and for a period of 2 years from delivery, the Goods shall be free from material defects.
      However, this guarantee does not apply in the circumstances described in clause 6.2.
    2. This guarantee does not apply to any defect in the Goods arising from:
      1. fair wear and tear;
      2. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
      3. their connection to incompatible services or utilities;
      4. you failing to operate or use the Goods in accordance with the user instructions;
      5. you failing to carry out any decoration or maintenance as suggested by any relevant manufacturer or you failing to comply with such manufacturer's instructions; and
      6. any alteration or repair by you or by a third party who is not one of our authorised repairers or installers.
    3. Where you are a consumer, this guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described. We are under a legal duty to supply products that are in conformity with this contract.
  7. PROVISION OF SERVICES
    1. Where we have agreed to install the Goods as part of the Services (Installation Services), we will provide you with an estimated date for the start of the Installation Services once you have placed your Order (where possible). We will however confirm the date for the commencement of the Installation Services (Installation Date) as soon as we are able (this is usually following the Technical Survey and agreement of the Technical Design Specification).
    2. We may agree changes to the Installation Date but where we do so we shall be entitled to charge you £125 (plus VAT) which represents the cost we will incur with our selected installers.
    3. We may use subcontractors to provide the Services (or any part of them).
    4. We will make every effort to begin the Installation Services on the Installation Date. Please also note that due to the nature of the Installation Services, any timeframe given for their completion is an estimate only. There may be delays due to an Event Outside our Control. See clause 12 for our responsibilities when an Event Outside our Control happens.
    5. We shall provide the Installation Services at the Installation Location and install the Goods materially in accordance with the Technical Design Specification subject to minor changes and tolerances for measurements and technical adjustments which do not affect the overall appearance of the Kitchen.
    6. In relation to the Installation Services, you shall:
      1. co-operate with us in all matters relating to the Installation Services;
      2. provide us, our employees, agents, consultants and subcontractors, with access to your premises and all facilities (including gas, electricity and/or water supply points conforming to necessary standards and regulations within any relevant rooms) as are reasonably required by us to provide the Installation Services;
      3. provide adequate facilities on site for the safe storage at your own risk of the Goods that are to be installed;
      4. provide us with such information and materials as we may reasonably require to supply the Installation Services, and ensure that such information is accurate and complete in all material respects;
      5. prepare the relevant premises for the supply of the Installation Services (including but not limited to the removal of any items liable to be damaged by the transportation of tools or materials through the premises and the covering of any non-moveable items to protect them from dirt and dust);
      6. you shall ensure that the Installation Location is clear and ready for the Goods to be installed (unless we have agreed to prepare the Installation Location for the Installation Services (i.e. remove your old kitchen) as part of the Services);
      7. be responsible for the disposal of any waste arising from the Installation Services unless we have agreed otherwise;
      8. obtain and maintain all necessary licences, permissions and consents (whether from a landlord, local authority or otherwise) which may be required for the Installation Services before the date on which the Installation Services are to begin; and
      9. keep and maintain all our and our subcontractor's materials, equipment, documents and other property (Supplier Materials) at the Installation Location in safe custody at your own risk, maintain the Supplier Materials in good condition until returned to us, and not dispose of or use the Supplier Materials other than in accordance with our written instructions or authorisation.
    7. If you do not comply with any of your obligations at clause 7.6 above, we may make an additional charge of a reasonable sum to cover any extra work that is required or any reasonable costs incurred by us, or we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have failed to comply with your obligations. If we suspend the Services under this clause 7.7, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices we have already sent you.
    8. We may have to suspend the Installation Services if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the Installation Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
    9. You acknowledge that the price for any Installation Services set out in an Order is quoted on the basis that the Installation Location (or the area immediately surrounding it) has no inherent structural defects, environmental issues, Health and Safety issues or other factors likely to impede the successful delivery of the Installation Services (each a Site Defect). In the event that any Site Defect is found at the Installation Location:
      1. we shall be entitled to suspend performance of the Installation Services with no liability to you until the matter has been remedied (at your cost) to our reasonable satisfaction; and
      2. you shall indemnify us and keep us indemnified in respect of all costs and expenses we incur (including but not limited to installers' costs) as a result of any such suspension.
    10. In the event that a Site Defect is not remedied to our reasonable satisfaction within 14 days of its discovery:
      1. we shall be entitled to terminate the provision of the Installation Services; and
      2. you shall indemnify us and keep us indemnified in respect of all costs and expenses we incur arising from such termination.
    11. If we are unable to carry out a template survey on the date agreed with you, we shall be entitled to charge you £250 (plus VAT) which represents the cost we will incur with our selected providers.
    12. Once we have completed the Installation Services, we shall provide you with a gas and/or electrical safety certificate (as applicable).
    13. Once we have completed the Installation Services, we require to you complete and sign a visual/inspection checklist. If this is not completed by you within a reasonable time then we may not be able to remedy any snagging issues.
    14. We provide design Services for free on the basis that you order Goods and (where relevant) Services from us. We reserve the right to charge you £250 (plus or/excluding VAT) to provide you with copies of Designs which we will deduct from the Goods' Price or Services' Price (as we see fit). We shall however be entitled to retain such amount as a charge for the Designs if the Order is cancelled.
    15. We shall provide the Services using reasonable care and skill.
  8. WARRANTY FOR INSTALLATION SERVICES
    1. Subject always to clause 8.2 and provided the Services' Price has been paid in full we warrant that any Installation Services carried out by us as part of the Order (Works) will be free from all material defects for 12 months from the practical completion of the installation.
    2. This warranty does not apply to any defect in the Works arising from or in connection with: -
      1. fair wear and tear;
      2. wilful damage, abnormal operating or working conditions, accident, negligence by you or by any third party;
      3. you failing to operate items incorporated into the Works in accordance with the user instructions;
      4. you failing to carry out any decoration or maintenance as suggested by us or any relevant manufacturer or you failing to comply with such manufacturer's instructions;
      5. any alteration or repair by you or by a third party who is not one of our authorised repairers/installers.
    3. Subject to clause 8.2, if: -
      1. you give us notice in writing during the relevant warranty period set out at clause 8.1 within a reasonable time of discovery that the Works (or any part of them) do not comply with the warranty set out in clause 8.1; and
      2. we are given a reasonable opportunity of examining the Works,
      we shall repair, make good or fix any defect in the Works.
    4. In the unlikely event that there is any defect with the Works, please contact us and tell us as soon as reasonably possible and please give us a reasonable opportunity to repair or fix any defect.
    5. Where you are a consumer only, this warranty is in addition to your legal rights in relation to the Services that are not provided with reasonable care and skill.
  9. PRICE AND PAYMENT
    1. The price of the Goods will be as set out in the Order or as subsequently agreed with you in writing (Goods' Price).
    2. The price for the Services (if any) will be set out in the Order or as subsequently agreed with you in writing (Services' Price).
    3. These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods and (where relevant) the Services in full before the change in the rate of VAT takes effect.
    4. The Goods' Price includes delivery costs.
    5. Once we have accepted an Order from you, you will immediately pay 25% of the Goods' Price as set out in the Order. The balance of the Goods' Price is due and payable on or before the date which is 21 working days prior to the delivery date which we confirm to you.
    6. If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    7. However, if you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, clause 9.6 will not apply for the period of the dispute.
    8. You may be eligible to apply for finance for the Goods' Price from our partnered finance provider. The third-party finance provider who we work with is Barclays Partner Finance which is a trading name of Clydesdale Financial Services Limited, FCA Register Number 311753. Where you enter into an agreement with Barclays Partner Finance, this agreement is between you and Barclays Partner Finance and any dispute in relation to this agreement is between you and Barclays Partner Finance.
  10. OUR LIABILITY TO YOU AND OUR INSURANCE WHERE YOU ARE A CONSUMER
    THIS CLAUSE 10 WILL APPLY ONLY IF YOU ARE A CONSUMER
    1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
    2. Our total liability to you in respect of all losses arising under or in connection with any Order, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the relevant Goods and (where relevant) Services.
    3. If we are providing Installation Services at your property, we will make good any damage to your property caused by us in the course of installation or performance, except that:
      1. We shall have no liability whatsoever to you for any damage caused (whether by us, our employees, agents or sub-contractors) to concealed electrical cable, conduits or pipework whose location has not been clearly marked or otherwise brought to our attention.
      2. We shall have no liability whatsoever to you for the costs of making good any defects in masonry, plaster, wall coverings, floor coverings, woodwork and ceilings revealed or created by the removal of existing units, partitions, wall boards, tiles and other decorations.
      3. We are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation and/or performance by us.
    4. We only supply the Goods and (where relevant) Services for domestic and private use. You agree not to use the Goods and (where relevant) Services for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    5. You acknowledge and agree that we do not sell by sample and any samples (including colour charts, visual presentations or renderings) provided to you before the commencement of the Order are illustrations only and Goods cannot be guaranteed to match them, and in particular:
      1. natural materials such as limestone, slate and granite cannot be guaranteed to match any samples provided by us;
      2. stone is a naturally occurring product and accordingly may show individual characteristics, including but not limited to veins, fossils, colour variations (both within tile sheets and between batches of tiles), composition and porosity; and
      3. wood is a naturally occurring product and accordingly may show individual characteristics, including but not limited to variation in grain, knots and colour,
      and that we shall have no liability whatsoever to you in the event that individual Goods differ from each other or from any samples provided or shown to you in the manner described in this clause 10.5.
    6. We shall maintain in force the following insurance policies:
      1. a public liability insurance policy with a limit of at least £2,000,000 per claim.
      Without affecting any other provision of these Terms, our entire aggregate liability to you in respect of any losses falling under the above categories of insurance shall be limited to the amounts set out above against the relevant category.
    7. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods and (where relevant) Services and for defective products under the Consumer Protection Act 1987.
  11. OUR LIABILITY TO YOU AND OUR INSURANCE WHERE YOU ARE A BUSINESS
    THIS CLAUSE 11 WILL APPLY ONLY IF YOU ARE A BUSINESS
    1. Nothing in these Terms limits any liability which cannot legally be limited, including but not limited to liability for:
      1. death or personal injury caused by negligence;
      2. fraud or fraudulent misrepresentation; and
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
    2. Subject to clause 11.1, our total liability to you in respect of all breaches of duty occurring in respect of an Order shall not exceed the cap.
    3. In clause 11.2:
      1. cap. The cap is one hundred per cent (100%) of the total charges of the Order;
      2. total charges. The total charges means all sums paid by you and all sums payable under the Order in respect of Goods and (where relevant) Services actually supplied by us, whether or not invoiced to you; and
      3. total liability. Our total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Order.
    4. This clause 11.4 sets out specific heads of excluded loss. The following types of loss are wholly excluded:
      1. Loss of profits
      2. Loss of sales or business.
      3. Loss of agreements or contracts.
      4. Loss of anticipated savings.
      5. Loss of or damage to goodwill.
      6. Indirect or consequential loss.
    5. Unless you notify us that you intend to make a claim in respect of an event within the relevant notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of you having grounds to make a claim in respect of the event and shall expire 3 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
    6. We shall maintain in force the following insurance policies:
      1. a public liability insurance policy with a limit of at least £2,000,000 per claim.
      Without affecting any other provision of these Terms, our entire aggregate liability to you in respect of any losses falling under the above categories of insurance shall be limited to the amounts set out above against the relevant category.
    7. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this agreement.
    8. This clause 11 shall survive termination of the contract.
  12. EVENTS OUTSIDE OUR CONTROL
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside our Control.
    2. An Event Outside our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
    3. If an Event Outside our Control takes place that affects the performance of our obligations under these Terms:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside our Control. Where the Event Outside our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside our Control is over. Where the Event Outside our Control affects our performance of Services to you, we will restart the Services as soon as reasonably possible after the Event Outside our Control is over.
    4. You may cancel the contract if an Event Outside our Control takes place and there is a risk of substantial delay in us providing the Goods and (where relevant) Services. Please see your cancellation rights under clause 13. We will only cancel the contract if the Event Outside our Control continues for longer than 8 weeks in accordance with our cancellation rights in clause 14.
  13. YOUR CANCELLATION RIGHTS
    1. You may cancel the Order with immediate effect by giving us written notice if:
      1. we break the terms of the Order in any material way and we do not correct or fix the situation within 14 days of you asking us to in writing;
      2. we go into liquidation or a receiver or an administrator is appointed over our assets;
      3. we change these Terms under clause 3.1 to your material disadvantage;
      4. we are affected by an Event Outside our Control and there is a risk of substantial delay in us providing the Goods and (where relevant) Services to you.
    2. On cancellation of an Order for any reason (whether cancelled by you or by us) you shall return all of the Supplier Materials and any Designs or other deliverables which have not been fully paid for. Until they have been returned, you shall be solely responsible for their safe keeping and will not use them for any purpose not connected with the relevant Order.
  14. OUR CANCELLATION RIGHTS
    1. We may have to cancel an Order before the start date for the Services or before the Goods are delivered, due to an Event Outside our Control or the unavailability of stock or (in the case of Services) key personnel or key materials without which we cannot provide the Services. We will promptly contact you if this happens.
    2. If we have to cancel an Order under clause 14.1 and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, we will refund these amounts to you.
    3. Where we have already started work on your Order for Services by the time we have to cancel under clause 14.1, we will not charge you anything and you will not have to make any payment to us.
    4. We may cancel your Order at any time by writing to you if:
      1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods or (where relevant) Services;
      3. you do not, within a reasonable time, allow us to deliver the Goods to you;
      4. you do not, within a reasonable time, allow us access to your premises to supply the Services; or
      5. you break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.
    5. If we cancel your Order in the situations set out in clause 14.4, we will refund any money you have paid in advance for Goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
  15. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. We will use the personal information you provide to us to:
      1. provide the Goods and (where relevant) the Services;
      2. process your payment for such Goods and (where relevant) the Services; and
      3. inform you about similar goods or services that we provide, but you may stop receiving these at any time by contacting us.
    2. We will only give your personal information to third parties where the law either requires or allows us to do so.
    3. Where we extend credit to you for the Goods and (where relevant) the Services, we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
  16. OTHER IMPORTANT TERMS
    1. We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
    2. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms are governed by English law. We both agree to submit to the exclusive jurisdiction of the English courts.