Terms And Conditions
G D JONES AND SON Ltd LTD GENERAL WEBSITE TERMS AND CONDITIONS
1. USING OUR WEBSITE
2. FUTURE AMENDMENTS
G D Jones and Son Ltd Ltd may make alterations to these Terms and Conditions, which should become effective when posted on the website. Your continued use of this website after the date on which the change comes into effect shall indicate that you accept to be bound by the new Terms and Conditions.
Registering On Our Website
1. Who can register on our website
To register with www.gdjones.co.uk the user must be over 18 years of age and legally capable of entering into a binding contract. If you are registering on behalf of a business entity then, by accepting these Website Terms and Conditions, you are confirming that you have the authority to enter into contracts on behalf of that business entity. All Information provided by you on registration or at any other time must be accurate and complete. Should this information change, you must inform us by updating your personal details Any false or fraudulent registration is prohibited.
2. Our right to cancel or suspend your registration
We have the right to cancel or suspend any registration at our discretion or if you breach any of our Terms and Conditions
3. Username and Password and Security
Access to on-line quotes and ordering on this website will require registration and you will be required to create a Username and Password. This password will be exclusive to you and should be treated as strictly confidential at all times. You will be responsible at all times for all activities and orders that are placed via our website using your Username and Password. If you suspect someone has made or is making unauthorised use of your Username or password, you must contact us immediately. We will not be responsible for any losses that arise out of the unauthorised use of your account.
4. Our Liability
4.1 We have made all reasonable efforts to ensure that all information provided in or through this website is complete and accurate at the time of inclusion. However, there may be inadvertent or occasional errors or omissions for which we apologise, but we make no representation or warranties about the accuracy or completeness of the information provided in or through this website, including any hypertext links or any other items used either directly or indirectly from this website.
4.2 Where we have provided information about the products available through the website such as Product Specifications, Material Safety Data Sheets or any other information we have made all reasonable efforts to ensure that the information is accurate at the date of issue. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
4.3 We reserve the right to make changes and corrections at any time, without notice. We accept no liability for any decisions made based on the information gained from this website. Such decisions are the sole responsibility of the user.
4.4 We exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website
4.5 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
5. Limitations to the Use of Our Website
5.1 You agree not to use this website in any way that will violate or infringe any laws in England and Wales, regulations or international treaties and that your use of the website will not violate the intellectual property rights of any other person.
5.2 You agree that your use of this website shall only be for lawful purposes and that you shall not use the website for the transmission of any material or information which is defamatory, obscene or in violation of trade secrets. You will not modify, transmit or copy, works from or sell or transfer any products or services you may obtain from this website and your use of the website will not violate the intellectual property rights of any person.
5.3 You agree to indemnify us against all claims, liabilities, losses, damages, costs and expenses incurred or suffered by us by reason of any breach of your responsibility set out in this section.
6. Exclusions of Liability
6.1 Nothing contained in this website shall be deemed to constitute a legally binding offer to enter into a contract
6.2 We shall not be liable for any cost that the user may incur in order to access this website
7. Intellectual Property
7.1 We are the owner of the Intellectual Property Rights in this website and the content on it. These are protected by (among other things) copyright laws and treaties around the world. All our rights are reserved.
7.2 You must not use any part of the website’s content for commercial purposes without obtaining a licence to do so from us.
7.3 If you infringe any of our intellectual property rights your right to use the website will cease immediately and permanently.
8. Viruses, Hacking and Other Offences
8.1 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which our site is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
8.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
8.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
9. Linking to the Website
You may link to the Company's home page, provided you do so in a way that is fair and legal and does not damage the Company's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the Company's part where none exists. You must not establish a link from any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. The Company reserves the right to withdraw linking permission without notice. If you wish to make any use of material on the Website other than that set out above, please address your request to
10. Availability of Our Website
While we endeavour to ensure that this Website is available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Furthermore, access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
11. Governing law
These Terms and Conditions shall be governed by English and Welsh law and to the extent permitted by law, any disputes arising from your use of this Website (including purchase orders) or any information contained in it shall be governed by English and Welsh law and the Courts of England and Wales shall have exclusive jurisdiction.
The invalidity or unenforceability of any of these Website Terms and Conditions shall not affect, impair or invalidate any of the remaining Website Terms and Conditions. You may not assign or sub-contract any of your rights or obligations under these Website Terms and Conditions. We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of our rights or obligations under these Website Terms and Conditions or any related contract to any third party. We will not be responsible for any breach of these Website Terms and Conditions caused by circumstances beyond its control. A person who is not a party to these Terms and Conditions shall have no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these terms and Conditions, but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
13. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using this Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights
All notices given by you to us must be given in writing to our registered address. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in section 13 above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
IF YOU BREACH ANY OF OUR TERMS AND CONDITIONS, YOUR PERMISSION TO ACCESS AND USE OUR WEBSITE WILL BE TERMINATED.
Placing Orders On Our Website
1. Acknowledgment of Orders
We will acknowledge any order placed by you through the website but this will not constitute either acceptance of your order or a binding contract. Any orders placed by you via our website are subject to acceptance by us. We may choose not to accept any order, for any reason whatsoever. Should we decide not to accept your order then we will notify of our decision by e-mail or telephone by the next working day.
2.1 Payment for your order will be taken by us or, on our behalf, at the time you place your order but, for the avoidance of doubt, no contract will exist between you and us for the supply of any product or service by us to you unless, and until, we send you an e-mail confirming that your order has been accepted. Payments can be made by either Credit or Debit Card.
2.2 Please note that a non-refundable surcharge applies to all Credit Card transactions to cover the cost of processing these types of payments. The surcharge rate is currently 1.90%+VAT at the applicable rate. The VAT is charged at the same rate as the oil ordered, therefore the overall surcharge rate applied to these transactions is currently 1.995% (ie 1.90%+5%VAT)
2.3 There is no extra charge paying by Debit Card.
3.1 Upon acceptance of your order we will arrange for delivery of the goods to the address specified on your order and in accordance with any special instructions provided by you. 3.2 We wi ll make every effort possible to deliver the goods requested within the delivery window requested, however, where this is not possible due to operational reasons or due to circumstances beyond our control we shall not be liable for any consequential or incidental damages or costs.
3.3 We reserve the right to Sub-Contract the delivery of your order
3.4 We reserve the right to cancel, postpone or amend all or part of any order you may place without prior notice. This right includes, but is not restricted to delivery times, quantities, or prices.
3.5 Reasons for cancelling, postponing or amending orders include, but are not restricted to, the following;
- Incorrect or erroneous information listed on the website by us eg stock prices and levels, delivery dates and delivery locations
- Stock availability restrictions imposed by our suppliers
- Incorrect information provided by you with your order eg restricted access
- Inclement weather
- Customer accounts that have exceeded credit terms and/or credit limits Customer’s past credit history
- If you are in breach of any of our Terms and Conditions
3.6 We shall not be liable for any consequential or incidental damages or costs arising from exercising our right to cancel any order.
3.7 You are responsible for us, or our agent’s or sub-contractors, having clear and safe access to your fuel tank for both the delivery vehicles and staff in order for them to complete the delivery. We reserve the right make a charge for Standing Time should the delivery vehicle be unreasonably delayed at your property.
3.8 Our driver’s, or our agent’s or sub-contractors, reserve the right to refuse to deliver any product to any property should, in their professional opinion, proceeding with the delivery be unsafe for any reason whatsoever.
3.9 You are responsible for your fuel storage tank being;
- Safe and suitable for accepting and storing the product you have ordered
- Capable of accepting the quantity of product you have ordered
3.10 After the product has been delivered into your tank, the insurable risk shall then pass from us, the supplier, to you, the customer.
4. Product Returns
If the quantity of product you have ordered exceeds the capacity that your tank can accept then we reserve the right to; Amend the price charged accordingly to suit the quantity delivered Charge for any reasonable costs incurred in transporting and unloading the product into suitable and approved storage facilities
5.1 Should you wish to cancel your order, for any reason whatsoever, then you must notify us by telephone at our offices as soon as possible.
5.2 If your delivery has not yet been scheduled or loaded onto a delivery tanker any payments made by you will be refunded minus any credit card surcharges, which are non-refundable. No Administration Charge will be applied.
5.3 If your delivery has already been scheduled and loaded onto a delivery tanker any payments made by you will be refunded minus any credit card surcharges, which are non-refundable. We reserve the right to levy an Administration Charge of £25.00
5.4 You have no right to cancel your order after the product has been delivered. Fuel Oil products are non-returnable and no refund will be made.
You should print these Website Terms and Conditions together with our General Terms and Conditions and any of the other documents for future reference
The Company is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
The Company may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st June 2010.
What we collect
We may collect the following information:
- Your name
- Your contact information, including email address
- Your demographic information such as postcode, preferences and interests
- Any other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- To comply with HM Revenue and Customs rules and guidelines
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes.
- We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. We also use a cookie as a container for your authentication ticket which is used to identify you when using restricted areas of the website.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to G D Jones and Son Ltd, Parciau, Llanddaniel, GAERWEN, Ynys Mon, LL60 6HB.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
Cookies are information packets sent by web servers to web browsers, and stored by the web browsers. The information is then sent back to the server each time the browser requests a page from the server. This enables a web server to identify and track web browsers.
There are two main kinds of cookies: session cookies and persistent cookies. Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date. None of these cookies collect personally identifiable information about you and no information is passed to third parties.
Cookies on our website
G D Jones and Son Ltd uses the following cookies on this website, for the following purposes:
This cookie is a container for an authentication ticket which identifies you as an authenticated user of password protected areas of the website.
Most browsers allow you to refuse to accept cookies. If you do not wish these cookies to be used you can find out how to delete them at www.aboutcookies.org. Blocking cookies will have a negative impact on the usability of this website
“Buyer” means the person who accepts a quotation of the seller for the sale of the goods or whole order for the goods is accepted by the seller.
“Goods” means the goods (including any instalment of the Goods) which the seller is to supply in accordance with these conditions.
“Seller” means G D Jones & Son Ltd
2. Basis of the Sale
The seller shall sell and the buyer shall purchase the goods in accordance with any written quotation of the seller which is accepted by the Buyer, or any written order of the Buyer, which is accepted by the Seller, or any telephone order of the Buyer which is accepted by the Seller, subject in any case to these conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
No variation to these conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Seller.
Any advice or recommendation given by the Seller or its employees or agents to the Buyer which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly, the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
3. Orders and Specifications
The quantity, quality and description of and any specification for the Goods shall be those set out
in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order(if accepted by the Seller); subject to the following in respect of quantities:
The quantity delivered is that shown to have been discharged by the Seller’s road tanker wagon dip rod or meter. Without prejudice to the generality of the foregoing, the Seller shall have no liability for claims in respect of shortages by the Buyer where a clean receipt is provided by the Buyer or its employee’s or agent’s at the time of delivery
Where the Seller’s road tanker wagon is ready to affect the delivery of the Goods to the Buyers premises and in the absence of the Buyer or the Buyer’s employee’s or agent’s, the Seller shall be entitled to commence delivery in which case the quantity delivered is that shown as having been discharged, by the Seller’s road tanker wagon dip rod or meter and shall not in any way be challenged by the Buyer.
3.2 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the costs of all labour) damages, charges and expenses incurred by the Seller as a result of the cancellation.
4. Price of the Goods
The price of the goods shall be the Seller’s quoted price provided that delivery of the goods is effected within 48 hours of a sale of the Goods being concluded pursuant to Section 2.1 hereof.
The price is exclusive of any applicable Value Added Tax which the Buyer shall be additionally liable to pay the Seller
5. Terms of Payment
- Subject to any special terms agreed in writing between the Buyer and the Seller, the Buyer shall make payment to the Seller for the price of the Goods in cash, by bankers draft or by direct debit at or before the time of delivery.
- Where the provisions of Clause 5.1 are not applied with the consent of the Seller, the Buyer shall in any event pay the price of the Goods no later than the 15th day of the month immediately following delivery/collection.
- The seller reserves the right to charge any reasonable amount to process card payments. Reasonable shall be defined as being linked to the costs incurred in processing said payment.
If the Buyer fails to make any payment on the due date, then without prejudice, to any other right or remedy, available to the Seller, the Seller shall be entitled to;
- Immediate and full payment in respect of all deliveries / collections made
- Cancel the contract, or suspend any further deliveries to the Buyer
- Appropriate any payment made by the Buyer to such of the Goods (or the Goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer) ; and
- Charge the Buyer a Late Payment Charge of 30% of the balance due and interest (both before and after any judgment) on the amount unpaid, at the rate of 2% per month from the date of delivery, until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest)
- Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
- Where the Goods are to be delivered in instalments, each delivery shall constitute a separate Contract and failure by the Seller to deliver any one or more of the instalments in accordance with these conditions, or any claim by the Buyer, in respect of any one or more instalments shall not entitle the Buyer to treat the contract as a whole to be repudiated.
- It is the responsibility of the Buyer to ensure that there is sufficient ullage in the Buyer’s storage tank or tanks to accept the quantity of Goods ordered from the Seller, and in any event where there is insufficient ullage in the Buyer’s said tanks the Seller shall be obliged only to effect delivery of sufficient Goods to fill the Buyer’s said tanks and to keep as his own the balance of Goods and the Buyer shall, not withstanding the retention by the Seller of any balance of the Goods in such circumstances, be obliged to pay the Seller the price of the whole of the Goods.
- The buyer shall be responsible for the dipping, checking and testing of the Buyer’s own tank or tanks and shall also be responsible for ensuring that the Goods are delivered into the correct fill pipe from the Buyers said tanks. The Seller accepts no responsibility for any loss or damage however caused resulting from any failure on the part of the Buyer, its employees or agents to discharge its responsibilities under this clause and the Buyer shall indemnify the Seller on demand against all expenses, loss (including loss of profit) costs, damages and charges as a result of any such failure on the part of the Buyer.
- If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar Goods to replace those not delivered over the price of the Goods.
7. Risk and Property
- Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods at the time when the Seller tendered delivery of the Goods.
- Notwithstanding delivery and passing of risk in the Goods, or any other provision of the conditions, the property of the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full for the price of the Goods and all other Goods agreed to be sold by the Seller to the Buyer for which payment is then due.
- Until such time the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee and shall keep the Goods separate form those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property. Until that time the Buyer shall be entitles to re-sell or use the Goods in the ordinary course of its business, but shall account to the Seller for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate form any monies or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
- In the event that the Buyer fails to comply with Clause 7.3 hereof and wrongfully mixes the Goods with the Buyer’s own Goods which are substantially of the same nature and quality of the Goods, then the mixture shall be held in common by the Buyer and the Seller.
Until such time the property in the Goods passes to the Buyer (and provided the Goods are still in existence) and have not been resold) the Seller shall be entitled at any time;
- Where Clause 7.3 applies, to require the Buyer to deliver up the Goods to the Seller and , if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods
- Where Clause 7.4 applies, to require the Buyer to deliver up a quantity of Goods equal to that of the Goods which went into the mixture (any doubt of the quantity being resolved in the Seller’s favour) and the Buyer shall be liable to the Seller in damages in respect of any loss (including loss of profit) or expense suffered by the Seller in respect of quality or otherwise by reason of admixture. If the buyer fails to deliver up a quantity of Goods equal to that of the Goods which went into the mixture forthwith, the Seller shall be entitled to enter upon any premises of the Buyer to obtain possession of a quantity of Goods equal to that of the Goods.
- The Buyer shall not be entitled to pledge in any way, charge by any way of security for indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
8. Warranties and Liabilities
- Subject as expressly provided in these conditions any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification, or in respect of quantities, shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 3 working days from the date of delivery. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure of shortage, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the contract.
- Where any valid claim in respect of the Goods which is based on any defect in the quality or condition of the Goods or any failure to meet the specification, or shortage in quantity, is notified to the Seller in accordance with these conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportion of part of the price) but the Seller shall have no further liability to the Buyer.
- The Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any consequential loss or damage (whether loss of profit or otherwise), costs or expenses or other claim for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees, agents or otherwise) which arise out of or in connections of the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these conditions.
9. Insolvency of the Buyer
This Clause applies if;
- The Buyer makes any Voluntary Arrangement with its creditors or becomes subject to an Administration Order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or
- An encumbrancer takes possession or a Receiver is appointed, of any of the property or assets of the Buyer or;
- The Buyer ceases or threatens to cease to carry on his business; or
- The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer, and notified the Buyer accordingly.
- If this Clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Goods have been delivered, but not paid for the price shall become immediately due and payable notwithstanding any previous agreement to the contrary.
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