The description and quantity of the services to be sold (“the Services”) shall be as set out in the quotation provided by Elcome to the Customer ("the Quotation")..
The Seller shall perform the Services at the times and/or dates Customer shown on the Quotation. Time shall not be of the essence for performance.
6.1 Nothing in these Conditions excludes Elcome’s liability for death or personal injury caused by Elcome's negligence for fraud or fraudulent misrepresentation.
6.2 Subject to Condition 6.1:
(a) Elcome shall not be liable to the Customer in respect of any loss suffered by the Customer due to a defect in the Services;
(b) subject to Condition 6.1, Elcome shall not be liable to the Customer whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement; and
(c) Elcome’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Price.
6.3 Nothing in these terms affects the statutory rights of a consumer.
The Seller shall not be liable for any default due to any circumstance beyond the reasonable control of Elcome including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire flood, earthquake or failure of a utility service or telecommunications network, shortage of supply or default of the suppliers of Elcome.
9.1 The Seller has the right to retain any deposit, upon the Services being cancelled.
9.2 If any term or provision of these Conditions is held invalid illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
9.3 The Seller may without the consent of the Customer sublicense its rights or obligations or any part of the Contract.
9.4 The headings in these Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions.
9.5 No variation of the Contract or these Conditions shall be effective unless it is in writing and signed by Elcome and the Customer.
9.6 A person who is not a party to the Contract shall not be entitled to enforce its terms.
10.1 The Contract constitutes the entire agreement between Elcome and Customer and supersedes and extinguishes all previous agreements, promises, warranties, representations and understandings between them relating to its subject matter.
10.2 Each of the parties agrees that save in respect of statements made fraudulently if shall have no remedy in respect of any untrue statement upon which it relied in entering the Contract that is not set out in the Contract and that its only remedies shall be for breach of contract.
11.1 Any notice required to be given under the Contract shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to the other party at its address set out in the Contract, or such other address as may have been notified by that party for such purposes, or sent by fax to the other party's fax number as set out in the Contract.
11.2 A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by fax shall be deemed to have been received at the time of transmission (as shown by the timed printout obtained by the sender).
This agreement shall be governed by the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales.
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