Rayware Ltd - Terms and Conditions

RAYWARE LIMITED

TERMS & CONDITIONS OF SALE

ISSUE: 17 NOVEMBER 2023

1

Definitions and Interpretation

In these general terms and conditions of sale: -

1.1 “Business Day” means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

1.2

“ Company" means Rayware Limited (registered in England and Wales with company number 01237389).

1.3

"Customer" means the person, firm or company to whom the Company agrees to supply the Goods under the Contract.

1.4

"Contract" means the agreement, to which these Conditions apply, made by the Company for the supply of the Goods.

1.5 "Conditions" means these terms and conditions of sale set out in this document as may be amended from time to time in accordance with clause 2.2

1.6 “ Force Majeure Event” means any circumstance not within a party's reasonable control including, without limitation: acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; collapse of buildings, fire, explosion or accident; any labour or trade dispute, strikes, industrial action or lockouts; non performance by suppliers or subcontractors; and interruption or failure of utility service.

1.7

"Goods" means goods the Company agrees to supply to the Customer under the Contract as set out in the Order.

1.8 “ Order ” means the Customer’s order for the Goods, as set out in the Customer’s written acceptance of the Company’s quotation.

1.9

“ Specification ” means any specification for the Goods, that is provided by the Company to the Customer.

1.10

“VAT” has the meaning given in clause 5.2.

1.11

“Warranty Period” has the meaning given in clause 1 1.1.

1.12 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.13

A reference to a party includes its personal representatives, successors and permitted assigns.

1.14 A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.

1.15 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

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2

Application & Incorporation

2.1 These Conditions shall apply as between the Company and every customer of the Company, and shall apply to and be deemed to be incorporated in, every agreement made by the Company for the supply of any goods the Company supplies to the Customer. For the avoidance of doubt, these Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.2 No variations or modifications of or substitution for these Conditions made by any such customer shall be binding on the Company unless specifically accepted by the Company in writing.

3

Basis of Contract

3.1 The Company's quotation in respect of any Goods is merely an invitation for an Order for such Goods which is subject to these Conditions. The Customer then may submit an Order to the Company which constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification are complete and accurate.

3.2 The Order shall only be deemed to be accepted when the Company issues a written acceptance of the Order, at which point the Contract shall come into existence. The Customer may not cancel an Order once the Contract has come into existence pursuant to this Clause 3.2.

3.3 The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Customer that is inconsistent with these Conditions.

3.4 Any samples, drawings, descriptive matter or advertising produced by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force.

3.5 Subject to Clause 3.6, any prices provided in the quotation by the Company for Goods will be held by the Company in respect of such Goods provided that a Contract is made in respect of such Goods within the period stated in the quotation.

3.6 The Company may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to , in the Company’s sole discretion :

3.6.1 any factor beyond the Company's control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);

3.6.2 any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or

3.6.3 any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate or accurate information or instructions.

3.7 In addition to the provisions of Clause 3.6, the Company also reserves the right to increase the price(s) of Goods at any time upon giving reasonable notice to the Customer.

4

Goods

4.1

The Goods are described in the Company’s Specification.

4.2 The Company reserves the right to update and amend the Specification without notice to the Customer if required by any applicable statutory or regulatory requirements or where such amendments are minor technical adjustments and improvements that do not affect the Customer’s use of the Goods.

5

Prices

5.1 Subject to Clause 3.5, all Goods will be supplied at the price set out in the quotation and confirmed in the Order or if no price is quoted, at the Company's current and applicable prices as at the date on which the Goods are collected or delivered.

5.2 The prices quoted by the Company in the Order, stated in its price lists and publications or agreed with the Company are exclusive of Value Added Tax ( VAT ) and other taxes or duties applicable at the time of collection or delivery, which will be charged by the Company and payable by the Customer in addition to such applicable prices.

5.3 The prices quoted by the Company in the Order, stated in its price lists and publications or agreed with the Company are exclusive of packaging, insurance and transport costs, which, unless otherwise agreed between the parties in writing, will be charged by the Company and payable by the Customer in addition to such applicable prices.

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5.4 The Customer shall pay the Company the current market value of any pallets used to make delivery of Goods unless such pallets are returned or delivered up to the Company on demand.

6

Payment

6.1 The Company may invoice the Customer for the Goods on or at any time after the completion of delivery of the Goods. If the Customer wishes to collect the Goods, then this shall be agreed in writing with the Company and the Company may invoice the Customer for the Goods on or at any time after the Goods are made available for collection.

6.2 The Customer shall pay the Company in full for all Goods within thirty days of the date of the invoice for the Goods, unless otherwise agreed in writing by the Company, in full and in cleared funds to a bank account nominated in writing by the Company. Time for payment shall be of the essence of the Contract.

6.3 The Company may deliver or allow the Customer to collect Goods by instalments and each instalment shall be invoiced (in accordance with Clause 6.1) and paid for separately. Where the Contract is to be or may be fulfilled in separate instalments, each instalment shall be deemed to constitute a separate contract to which these Conditions apply, and payment shall be due accordingly. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment. 6.4 Without prejudice to the Company's other rights or remedies, the Company shall at its discretion be entitled to charge interest on a daily basis on any overdue account of the Customer, both before and after any judgment, at the rate of 4 per cent over the Bank of England’s base rate from time to time, but at 4 per cent a year for any period when the base rate is below 0%. Interest will accrue on a daily basis from the due date until the date of actual payment.

7

Delivery

7.1 The Company will use its reasonable endeavours to deliver, or prepare for collection, Goods on quoted delivery or collection dates to the location set out in the Order or such other location agreed between the parties in writing from time to time ( Delivery Location ). However, such dates are approximate only and time of delivery/collection shall not be of the essence to the Contract and the Company shall incur no liability for failure to deliver or prepare for collection Goods by any such dates. Additionally, the Company shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

7.2 The Company shall send a delivery note by email to the Customer’s email address held on file by the Company at or around the time of despatch of the Goods that shows the date of the Order, the type and quantity of the Goods (including the code number of the Goods, where applicable), and any special storage instructions.

7.3 Delivery is complete on the completion of the unloading of the Goods at the Delivery Location if the Company is delivering the Goods, or upon loading of the Goods at the Delivery Location if the Customer is collecting the Goods.

7.4 If the Company fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Company shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Company with adequate delivery instructions, any other instructions or obligations that are relevant to the supply of the Goods.

7.5 If the Customer fails to take or accept delivery of the Goods on the date the Company notifies the Customer that the Goods are to be delivered or are ready for collection, then, except where such failure or delay is caused by a Force Majeure Event or the Company's failure to comply with its obligations under the Contract:

7.5.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the day on which the Company provided the Customer such notification; and

7.5.2 the Company shall store the Goods until actual delivery takes place, and the Customer shall indemnify the Company for all storage and other costs incurred (including insurance).

7.6 If 30 days after the day on which the Company notified the Customer that the Goods were ready in accordance with Clause 7.5, and the Customer has not taken or accepted actual delivery of them, the Company may resell or otherwise dispose of part or all of the Goods and, after deducting storage and other incurred costs (in accordance with Clause 7.5.2) and selling costs, and charge the Customer for any shortfall below the price of the Goods.

8

Examination & Acceptance

8.1 The Customer shall examine the Goods upon collection or delivery and notify the Company in writing of any breakages, shortages or defects within 3 Business Days of collection or delivery.

8.2 Subject to any notification made by the Customer under Clause 8.1, the Goods shall be conclusively presumed to have been accepted by the Customer after a period of 3 Business Days has elapsed from the date on which such Goods were collected by or delivered to the Customer.

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8.3 Where the Company accepts any claim for breakages, shortages or defects brought to its attention under Clause 8.1, it shall either (at its option) replace the Goods or allow the Customer credit in respect of the Goods which are the subject of the claim.

8.4 The Company shall have no liability for breakages, shortages or defects in any Goods that would be apparent on any reasonable inspection unless the same are brought to the Company's attention within the period stated in Clause 8.1.

9

Force Majeure

The Company shall not be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from a Force Majeure Event. In such circumstances the Company party shall be entitled to a reasonable extension of the time for performing such obligations.

10

Termination

10.1 The Company shall be entitled to immediately terminate the Contract by written notice and, without prejudice to its other rights or remedies, recover from the Customer any loss for damage it incurs, where: -

10.1.1 the Customer fails to collect or take delivery of any Goods within thirty days from the agreed collection or delivery date; or

10.1.2 the Customer defaults on or commits a breach of any of its obligations under the Contract or any other agreement with the Company; or

10.1.3 distress or execution of any other legal process shall be levied upon any of the Customer's property, goods or assets; or

10.1.4 the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

10.1.5 the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or

10.1.6 the Customer's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.

10.2 Without limiting its other rights or remedies, the Company may suspend provision of the Goods under the Contract or any other contract between the Customer and the Company if the Customer becomes subject to any of the events listed in Clause 10.1.3 to Clause 10.1.6 (inclusive), or the Company reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract, or any other contract with the Company, on the due date for payment or any.

10.3 Without limiting its other rights or remedies, the Company may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.

10.4 On termination of the Contract for any reason the Customer shall immediately pay to the Company all of the Company's outstanding unpaid invoices and interest and, in respect of Goods supplied but for which no invoice has been submitted, the Company shall submit an invoice, which shall be payable by the Customer immediately on receipt.

10.5 Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

10.6 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.

11

Quality

11.1 Subject to Clause 11.3, the Company warrants that on delivery or collection, and for a period of 12 months from the date of delivery or collection ( Warranty Period ), the Goods shall:

11.1.1

conform in all material respects with their description and any applicable Specification; and

11.1.2 be free from material defects in design, material and workmanship not caused by fair wear and tear, damage in transit or accident.

11.2

Subject to Clause 11.311.3, if:

11.2.1 the Customer gives notice in writing to the Company during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in Clause 11.1;

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11.2.2 the Company is given a reasonable opportunity of examining such Goods and are provided to the Company’s satisfaction not to comply with Clause 11.1; and

11.2.3 the Customer (if asked to do so by the Company) returns such Goods to the Company's place of business at the Company's cost,

the Company shall either (at its sole option) replace such defective Goods or allow the Customer credit in respect of such Goods.

11.3

The Company shall not be liable for the Goods' failure to comply with the warranty set out in Clause 11.1 if:

11.3.1 defects which would have been reasonably apparent to the Purchaser on reasonable examination of the Goods on collection or delivery and which have not been notified to the Company in accordance with Clause 8.1 here of;

11.3.2 defects or failures (not being defects to which Clause 11.3.1 applies) which are not reported to the Company within 30 days of the occurrence of failure or the defect becoming apparent;

11.3.3 any failure or damage due to Goods being operated in excess of their rated capacity or contrary to instructions issued by the Company (either oral or written) in respect of the storage, commissioning, installation, use and maintenance of the Goods or good trade practice of the same or under conditions likely to cause excessive wear or tear;

11.3.4 defects that arise as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;

11.3.5 Goods that have been modified or re-worked by the Customer or any third party, including any alterations or repairs to the Goods without the written consent of the Company;

11.3.6 Goods which have continued to be used by the Customer (or any sub-buyer from the Customer) after the failure or defects of the Goods first became apparent;

11.3.7 the Goods differ from their description or the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements; or

11.3.8 subject to Clause 12, any direct, indirect or other losses, injury or damage howsoever arising including without limitation, loss of business, contracts or profits or any money paid by the Customer to other parties (other than death or personal injury) arising through any such failure or defect.

11.4 Except as provided in Clauses 8 and Error! Reference source not found. , the Company shall have no liability to the Customer in respect of the Goods' failure to meet the acceptance of the Customer or comply with the warranty set out in Clause 11.1.

11.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

11.6

These Conditions shall apply to any replacement Goods supplied by the Company.

12

Liability

12.1 References to liability in this Clause 12 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

12.2 Subject to Clause 12.4, the obligations of the Company under Clauses 8 and Error! Reference source not found. are undertaken by the Company and shall be accepted by the Customer in lieu of and to the exclusion of all conditions and warranties express or implied statutory (save for the implied condition as to the Company's title to the Goods) or otherwise.

12.3 Subject to Clause 12.4, the total liability of the Company to the Customer shall not in any event exceed the amount invoiced by the Company to the Customer for the Goods.

12.4 Nothing in the Contract limits or excludes any liability which cannot be legally limited or excluded, including the Company's liability for:

12.4.1

death or personal injury resulting from the negligence of the Company its servants or agents;

12.4.2

fraud or fraudulent misrepresentation;

12.4.3

breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

12.4.4

defective products under the Consumer Protection Act 1987.

12.5

Subject to Clause 12.4, the Company excludes its liability for the following types of losses:

12.5.1

loss of profits;

12.5.2

wasted expenditure;

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12.5.3

loss of sales or business;

12.5.4

loss of agreements or contracts;

12.5.5

loss of anticipated savings;

12.5.6

loss of use or corruption of software, data or information;

12.5.7

loss of or damage to goodwill; and

12.5.8

indirect or consequential losses.

12.6 The Customer will indemnify and keep indemnified the Company against all claims, proceedings, losses, liabilities, damages, costs (including but not limited to legal fees) and expenses in connection with any third party claim based upon any allegation of a defect (including in relation to its safety or condition) in relation to the Goods (or materials or components comprised within the Goods or any goods in which the Goods are incorporated), save where such defect is covered by the Company’s warranty under Clause Error! Reference source not found. .

12.7 The Customer shall indemnify and keep indemnified the Company against any claims, proceedings, losses, liabilities, damages, costs (including but not limited to legal fees) and expenses incurred by, or awarded against, the Company as a result of any breach of the Contract.

12.8

This Clause 12 shall survive termination of the Contract.

13

Retention of Title

13.1 In respect of Goods which are the subject of the Contract, legal and beneficial title therein shall be retained by the Company until the earlier of: -

13.1.1 the resale of such Goods by the Customer in the ordinary course of its business, in which case title to the Goods shall pass to the Customer at the time specified in Clause 13.4; and

13.1.2 the payment in full for such Goods (in cleared funds) and all other monies owing by the Customer to the Company on any account whatsoever by the Company. Notwithstanding any purported appropriation by the Customer, the Company shall be entitled at its sole discretion to appropriate any payment made by the Customer to any account, and to any goods, of its choice.

13.2 The Customer and the Company hereby agree that the Goods shall (notwithstanding and without prejudice to the retention of title therein) be at the Customer's risk from the time the Goods are despatched to the Customer or its agents by the Company or its agents or at the time the Goods are made available to the Customer for collection.

13.3 The Customer, as the Company's gratuitous bailee, shall ensure that until title to the Goods has passed to the Customer, the Customer shall:

13.3.1 store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Company's property;

13.3.2

not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;

13.3.3 maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;

13.3.4 notify the Company immediately if it becomes subject to any of the events listed in Clauses 10.1.3 to 10.1.6 (inclusive); and

13.3.5 give the Company such information as the Company may reasonably require from time to time relating to the Goods; and the ongoing financial position of the Customer.

13.4 Subject to Clause 13.5, the Customer may resell or use the Goods in the ordinary course of its business (but not otherwise) before the Company receives payment for the Goods. However, if the Customer resells the Goods before that time:

13.4.1

it does so as principal and not as the Company ’s agent; and

13.4.2 title to the Goods shall pass from the Company to the Customer immediately before the time at which resale by the Customer occurs.

13.5

At any time before title to the Goods passes to the Customer, the Company may:

13.5.1 by notice in writing, terminate the Customer's right under Clause 13.4 to resell the Goods or use them in the ordinary course of its business; and

13.5.2 require the Customer to deliver up all Goods in its possession that have not been resold, or irrevocably incorporated into another product and if the Customer fails to do so promptly, enter any premises of the Customer or of any third party (and the Customer will grant or procure the right for the Company to enter such premises) where the Goods are stored in order to recover them.

13.6 In addition to the provisions of clause 13.5, the Company reserves the right to suspend the Customer from reselling any Goods in the Customer’s possession that have not been resold in the event that the Company becomes aware of any potential claim against the Customer, or brings any claim against the

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Customer. In such an event, the Customer will deliver up all the Goods in its possession that have not been resold, or irrevocably incorporated into another product and if the Customer fails to do so promptly, the Company may enter any premises of the Customer or of any third party (and the Customer will grant or procure the right for the Company to enter such premises) where the Goods are stored in order to recover them.

14

General

14.1

Assignment and other dealings.

14.1.1 The Company may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.

14.1.2 The Customer may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Company.

14.2

Entire Agreement

14.2.1 This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

14.2.2 Each party acknowledges that in entering into the Contract it does not rely on and it shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

14.3

Waiver

14.3.1 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

14.3.2 A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

14.4

Severance

14.4.1 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision of the Contract is deemed deleted under this Clause 14.4 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

14.5

Notices

14.5.1

Any notice given to a party under or in connection with the Contract shall be in writing and shall be:

14.5.1.1

delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or

14.5.1.2

sent by email to the address specified in the Order.

14.5.2

Any notice shall be deemed to have been received:

14.5.2.1

if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;

14.5.2.2

if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service;

14.5.2.3

if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this Clause 14.5.2.3, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

14.5.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

14.6

Third Party Rights

14.6.1 Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

14.7

Confidentiality

14.7.1 Each party undertakes that it shall not at any time during the Contract and for a period of two years after termination or expiry of the Contract, disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other party, except as permitted by Clause 14.7.2.

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14.7.2

Each party may disclose the other party's confidential information:

14.7.2.1

to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this Clause 14.7; and

14.7.2.2

as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

14.7.3 Neither party shall use the other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Contract.

15

Corrections

The Company reserves the right to correct any clerical or typographical errors made by its employees, servants or agents at any time.

16

Governing Law and Jurisdiction

16.1 The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales.

16.2 Each party irrevocably agrees, for the sole benefit of the Company that, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation. Nothing in this Clause 16.2 shall limit the right of the Company to take proceedings against the Customer in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

Customer:………………………………………………………………………………

Signature:………………………………………………………………………………

(If Customer is a company, please also print name of authorised representative)……………………………………………………………………

Date:…………………………………………………

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