14. LIMITATION OF LIABILITY14.1. The liability of the Vendor in respect of claims for physical loss, mis-delivery of or damage to Goods comprising the goods delivered, howsoever arising, shall in all circumstances be limited to the least of
a. to the value of the goods actually lost, mis-delivered or damaged or
b. the cost of repairing any damage or of reconditioning the Goods or
14.2. The Vendor shall indemnify the Customer against damage to property other than the Goods and death or injury to persons to the extent caused by the negligence of the Vendor but not otherwise and
a. the Vendor shall be immediately notified of any claim and shall have full power to conduct litigation, negotiate and settle any claims and
b. the Vendor’s liability for damage to property shall be limited to £1,000,000 for any one event or series of connected events in a twelve month period
14.3. Save for the liability of death or personal injury and without prejudice to any other provision of this clause the Vendor shall not have any liability in respect of any loss of profit or other economic loss, indirect loss, consequential loss, special loss, loss of a chance, damage to goodwill or any other tangible asset, whether that liability arises under or in connection with the contract, its negligence (in whole or in part) any breach of contract, statutory duty or otherwise (to the fullest extent permitted by law).
14.4. Without prejudice to any liabilities of the Vendor that may arise under 14.1 14.2 and 14.3 above the Customer hereby agree that the total aggregate liability of the Vendor to the Customer under the contract or otherwise shall be no more than the amount of any purchase order or part thereof
14.5. The Vendor shall have no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Customer.
14.6. The Customer shall indemnify the Vendor against any loss, actions, costs, claims or any liability which the Vendor may incur at common law or by statute in respect of the personal injury or death of any person or in respect of any loss of destruction or damage to property (other than as a result of and neglect or default of the Vendor) which the Vendor has incurred in connection with any work executed by the Customer or shall be attributable to some defect in the Goods.
15. INVALIDATION15.1. If the Customer shall offer to make a scheme or arrangement with creditors or becomes bankruptcy or insolvent, enters into an IVA, or being a company has a receiver/manager appointed over any part of its undertaking or assets, or if resolution for the winding up of the company be passed or petition for winding up or bankruptcy be presented then all sums due or to become due on any accounts to the Vendor are immediately payable and the Vendor may suspend or cancel further delivery or require payment in advance or recover any goods to which the Vendor retains ownership which are unsold wherever they are stored, or treat the contract as repudiated by the Customer but without prejudice to any other rights to the vendor.
16. WAIVER & SEVERANCE16.1. No forbearance or indulgence by the Vendor in enforcing a term shall constitute a variation of it or a waiver of the Vendors rights under it.
16.2. Waiver by the Vendor of any of these conditions shall not in any way affect the validity of any other conditions herein.. In the event that any provision of the contract should be held to be invalid or unenforceable, the remaining provisions shall not be affected thereby.
17. MISCELLANEOUS17.1. The Customer shall not assign any rights or delegate any duties under this contract
17.2. The Vendor reserves the right to assign or sub-contract any or all of its obligations hereunder
17.3. The conditions shall be subject to and construed in accordance with English Law and the Customer shall submit to the exclusive jurisdiction of the English Courts
17.4. These conditions do not confer any benefit on any third party or in accordance with the Contract (Rights of the Third Parties) Act 1999
17.5. Headings are for ease of reference only and do not affect the construction of this contract.
18. ADDITIONAL TERMS AND CONDITIONS FOR STORAGE OF GOODS18.1. Inventory - Where an inventory is prepared it shall be deemed to be conclusive evidence of the Customer’s goods which are stored, unless the vendor receives the Customer’s notification in writing of any error or omission within 7 days of his receipt of the inventory. Such notification shall not be effective unless acknowledged in writing by the Vendor. The Vendor agrees to make this acknowledge promptly upon receipt of this notification.
18.2. Payment of storage charges –
• Storage charges are payable 3 months in advance. If the Customer removes the goods from storage before the expiration of the 3 month period the Vendor will make no refund.
• All charges (including removal charges) shall be paid (and any cheques cleared) before the goods are removed from storage.
18.3. Revision of storage charges – The Vendor shall be entitled to revise storage charges from time to time. The Vendor will give the Customer at least 28 days notice of an increase in charges. Such increase to take effect at the beginning of the next accounting period.
18.4. Termination of storage contract –
• The Customer shall be entitled to terminate the storage contract by giving the Vendor at least 3 months notice in writing. The notice shall not be effective unless received by the Vendor. If the Contractor agrees to release the goods on less than 3 months notice the Vendor reserves the right to charge for the full 3 months period of notice.
• Provided the Customer is not in arrears with the payment of storage charges, the Vendor shall not terminate the storage contract save on 3 months notice in writing.
18.5. Handling – The Vendor shall be entitled to make a separate charge for stowing or unstowing the goods and if the Customer elects to make his own arrangements for the delivery or collection of goods to or from the warehouse from receiving or handing over the same.
18.6. Unless otherwise agreed, it is the Customers responsibility to Insure against losses whilst in the care of the Vendor.
19. DISTANCE SELLING AND CANCELLATION RIGHTS19.1 Where the Customer is a consumer and the Contract is concluded as a distance contract as defined by the Consumer Protection (Distance Selling) Regulations 2000 ("The Regulations") the following provisions shall apply:
• The Vendor's aim is to supply the Goods or perform the Services within 30 days of acceptance of the Customer's order in accordance with clause 4 above. The Vendor and Customer agree that it is not always possible to do this and that where this is not possible the Vendor will deliver the Goods or perform the Services as soon as the Vendor resonably can do so.
• The Customer has a right under the regulations to cancel the Contract. The right to cancel can be excercised by the Customer in the case of the supply of Goods from the time the Contract is concluded until the expiry of 7 working days beginning with the day after the day the Customer receives the Goods or in the case of provision of Services from the time the Contract is concluded until the expiry of 7 working days beginning with the day after the day the Contract was concluded. The Customer should note that he cannot cancel the Contract once the Vendor has started to perform the Services or where the Customer has agreed to the Vendor starting to perform the Services within 7 days.
• To cancel the Contract the Customer must do so in writing to the contact details below.
• On cancellation the Customer must retain possession of the Goods and to take reasonable care of them and to restore the Goods to the Vendor in accordance with the regulations.
• If the Customer wishes to return the Goods he must send them to the Vendor at his own cost or alternatively the Vendor will collect the Goods, the costs of collection to be paid by the Customer.
20. CONTACT DETAILS20.1 The Vendors address is Amazon Leisure UK Ltd, The Fitness Centre, Hargham Road, Shropham, Norfolk, NR17 1DS
20.2 If the Customer has any complaints about the Goods or Services contact Amazon Leisure Uk Ltd, The Fitness Centre, Hargham Road, Shropham, Norfolk, NR17 1DS.
20.3 If the Customer wishes to cancel the Contract in accordance with clause 19, notice of cancellation should be sent to the Amazon Leisure Uk Ltd, The Fitness Centre, Hargham Road, Shropham, Norfolk, NR17 1DS.
20.4 If the Customer is returning Goods in accordance with clause 19 they should be sent to Amazon Leisure Uk Ltd, The Fitness Centre, Hargham Road, Shropham, Norfolk, NR17 1DS.
Non Refundable DepositThe customer will be required to pay a 20% deposit at point of order. This will be non-refundable if the order is cancelled after the 7 day cooling off period.
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