Terms and Conditions
FUELDUMP TERMS & CONDITIONS FOR CONSUMER CUSTOMERS
INFORMATION ABOUT US AND HOW TO CONTACT US:
1.1 We are Atkinson Equipment Limited trading as Fuel Dump a company registered in England and Wales. Our company registration number is 01050233 and our registered office is at Moat Works, Moat Road, West Wilts Trading Estate, Westbury, Wiltshire BA13 4JF.
1.2 You can contact us by telephoning our customer service team at 01373 822220 by writing to us at sales@fueldump.co.uk or completing the “Contact us” form on our website.
1.3 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 or enquiry.
1.4 When we use the words “writing” or “written” in these Terms, this includes emails.
2.1 These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
2.2 Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Goods to you, how you and we (the Parties) may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
3.1 Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods), subject to these Terms.
3.2 Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3 After you place an order, you will receive an email from us acknowledging that we have received it, but this does not constitute acceptance of your order. The order shall only be accepted by us and the Contract formed when:
(a) You have paid for the Goods and monies have been received by us; and
(b) when we send the email to you to accepting your order.
3.4 All orders placed on our website are subject to stock availability and to receipt of payment. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
4.1 The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. The colour or size of your Goods may vary slightly from those images.
4.2 The packaging of your Goods may vary from that shown on images on our website.
4.3 All weight and sizes are guides only and are approximate.
4.4 We reserve the right to amend the description of the Goods at any time if required. In the event there are any errors regarding the description of the Goods, we reserve the right to correct that description and notify you accordingly. In these circumstances, it will be deemed that a Contract has not been entered into and you will not be bound to continue with your purchase. We will cancel the order and you will be refunded in full. The price of the Goods will be the extent of our liability to you in the event of these errors.
5.1 All of our Goods are manufactured by a third party and cannot be modified by us to suit your requirements. The manufacturer may change the Goods to reflect changes in relevant laws and regulatory requirements or implement minor technical adjustments and improvements.
6.1 The prices of the Goods will be as quoted on our Website at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, in the event there are any errors regarding the price of the Goods, we reserve the right to correct that price and notify you accordingly. In these circumstances, it will be deemed that a Contract has not been entered into and you will not be bound to continue with your purchase. We will cancel the order and you will be refunded in full. The price of the Goods will be the extent of our liability to you in the event of these errors.
6.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
6.3 The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
6.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
7.1 You can only pay for Goods using a debit card or credit card. We accept most major credit and debit cards, where registered to UK addresses.
7.2 Payment for the Goods and all applicable delivery charges is in advance.
8.1 We will contact you with an estimated delivery date, which will be outlined in the email to you to confirm our acceptance of your order. Any dates provided are approximate only and we cannot be held liable for costs incurred if delivery is delayed.
8.2 If our supply of the Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Goods you have paid for but not received.
8.3 We may deliver the Goods by instalments, which shall be paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
8.4 If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, we or our third party couriers will either:
(a) Leave a note or send an email informing you how to rearrange delivery or collection the Goods from a delivery depot;
(b) Deliver the Goods to a neighbour; or
(c) Deliver the Goods to an alternative address which you have provided.
8.5 If you do not collect the Goods from us as arranged or, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 12.1 will apply.
8.6 The Goods will be your responsibility from the time we or a third party courier delivers the Goods to the address you provided to us.
8.7 You own the Goods once we have received payment in full.
8.8 We may need certain information from you so that we can supply the Goods to you, for example, your full name, address and a telephone number. We will collect this information as part of the ordering process. If you do not give us this information when requested , or if you give us incomplete or incorrect information, we may either end the Contract (and clause 12.1 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
9.1 We provide international delivery (i.e. delivery outside of the UK) as outlined during the order process.
9.2 The Goods only comply with UK laws, regulations or standards, unless we state otherwise. It is your responsibility to check the Goods comply with any relevant country specific standards.
9.3 The Goods may be subject to import duties and taxes which are applied when the delivery reaches that destination, we do not have control over these charges and cannot predict their amount.
9.4 You will be responsible for payment of any such import duties and taxes you should contact their local customs office for further information before placing an order;
9.5 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We accepts no liability for you breaking any such law.
YOUR RIGHTS TO END THE CONTRACT
10.1 Your rights when you end the Contract will depend on whether there is anything wrong with the Goods, how we are performing and when you decide to end the Contract:
(a) If what you have bought is faulty or mis-described you may have a legal right to end the Contract (or to get the Goods replaced or to get some or all of your money back), see clause 13;
(b) If you want to end the Contract because of something we have done or have told you we are going to do, see clause 10.2; or
(c) If you have just changed your mind about the Goods or your order, see clause 10.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Goods.
10.2 If you are ending a Contract for a reason set out at (a) to (d) below, the Contract will end immediately and we will refund you in full for any Goods which have not been provided and you may also be entitled to compensation. The reasons are:
(a) We have told you about an upcoming change to the Goods or these Terms which you do not agree to;
(b) We have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed;
(c) There is a risk that supply of the Goods may be significantly delayed because of events outside our control; or
(d) You have a legal right to end the Contract because of something we have done wrong (including because we have delivered late).
10.3 How long you have to exercise the right to change your mind (Consumer Contracts Regulations 2013) depends on how the Goods were delivered:
(a) For Goods ordered online or off-premises you have a legal right to change your mind within 14 days and receive a refund. Where you exercise this right you are responsible for the costs for returning the Goods to us; or
(b) Where the Goods are delivered in instalments over different days, you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Goods.
10.4 You do not have a right to change your mind in respect of:
(a) Goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(b) Any Goods which become mixed inseparably with other items after their delivery.
10.5 Even if we are not at fault and you do not have a right to change your mind (see clause 10.1), you can still end the Contract before it is completed, but you may have to pay us compensation. A Contract for Goods is completed when the Goods are delivered and paid for. If you want to end a Contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The Contract will end immediately and we will refund any sums paid by you for Goods not provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending the Contract.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
11.1 To end the Contract with us, please call us on at 01373 822220 by writing to us at sales@fueldump.co.uk or completing the “Contact us” form on our website.
11.2 If you end the Contract for any reason after Goods have been dispatched to you or you have received them, you must return them to us. You must post the Goods back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services to arrange posting the Goods or collection. If you are exercising your right to change your mind you must send off the Goods within 14 days of telling us you wish to end the Contract.
11.3 We will pay the costs of return:
(a) If the Goods are faulty or mis-described; or
(b) If you are ending the Contract because we have told you of an upcoming change to the Goods or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
11.4 If you are responsible for the costs of return and we are collecting the Goods from you, we will charge you the direct cost to us of collection.
11.5 We will refund you the price you paid for the Goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
11.6 If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling or use of them in such a way which would not be permitted in a shop (i.e. the Goods have been used and are not in a saleable condition to another customer). If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount at determined by us; and
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Goods within 3-5 days at one cost but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
11.7 We will pay any refunds due to you as soon as possible. If you are exercising your right to change your mind your refund will be made within 28 days from the day on which we receive the returned Goods from you.
OUR RIGHTS TO END THE CONTRACT
12.1 We may end the Contract for Goods at any time by writing to you if:
(a) You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to deliver the Goods;
(b) You do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us; or
(c) We decide to stop providing the Goods after your order has been accepted.
12.2 If we end the Contract in the situations set out in clause 12.1, 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 you breaking the Contract.
IF THERE IS A PROBLEM WITH THE GOODS
13.1 If you have any questions or complaints about the Goods, please contact us using the details provided in clause 11.1.
13.2 If you wish to exercise your legal rights to reject Goods you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you in accordance with clause 11.2 to clause 11.5.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 If we fail to comply with these Terms, we are only responsible for loss or damage you suffer that is foreseeable as a result of our breaking this Contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both of us knew it might happen, for example, if you discussed it with us during the sales process. To confirm, we are not responsible for any loss or damage that is not foreseeable.
14.2 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 including the right to receive Goods which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective Goods under the Consumer Protection Act 1987
HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy.
OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under these Terms to another organisation.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
16.3 This Contract is between you and us. No other person shall have any rights to enforce any of its Terms.
16.4 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.
16.5 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
FUELDUMP TERMS & CONDITIONS FOR BUSINESS CUSTOMERS
INFORMATION ABOUT US AND HOW TO CONTACT US:
1.1 We are Atkinson Equipment Limited trading as Fuel Dump a company registered in England and Wales. Our company registration number is 01050233 and our registered office is at Moat Works, Moat Road, West Wilts Trading Estate, Westbury, Wiltshire BA13 4JF.
1.2 You can contact us by telephoning our customer service team at 01373 822220 by writing to us at sales@fueldump.co.uk or completing the “Contact us” form on our website.
1.1 These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
1.2 The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
1.3 You should print a copy of these Terms or save them to your computer for future reference.
2.1 Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
2.3 After you place an order, you will receive an email from us acknowledging that we have received it, but this does not constitute acceptance of your order. The order shall only be accepted by us and the Contract formed when:
(a) You have paid for the Goods and monies have been received by us; and
(b) When we send the email to you to accepting your order.
2.4 All orders placed on the Website are subject to stock availability and to receipt of payment. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
3.1 The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. The colour or size of your Goods may vary slightly from those images.
3.2 The packaging of your Goods may vary from that shown on images on our website.
3.3 All weight and sizes are guides only and are approximate.
3.4 We reserve the right to amend the description of the Goods at any time if required. In the event there are any errors regarding the description of the Goods, we reserve the right to correct that description and notify you accordingly. In these circumstances, it will be deemed that a contract has not been entered into and you will not be bound to continue with your purchase. We will cancel the Order and you will be refunded in full. The price of the Goods will be the extent of our liability to you in the event of these errors.
4.1 The prices of the Goods will be as quoted on our Website at the time you submit your Order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, in the event there are any errors regarding the price of the Goods, we reserve the right to correct that price and notify you accordingly. In these circumstances, it will be deemed that a contract has not been entered into and you will not be bound to continue with your purchase. We will cancel the Order and you will be refunded in full. The price of the Goods will be the extent of our liability to you in the event of these errors.
4.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
4.3 The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
4.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
5.1 You can only pay for Goods using a debit card or credit card. We accept most major credit and debit cards, where registered to UK addresses.
5.2 Payment for the Goods and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your Goods.
6.1 We will contact you with an estimated delivery date, which will be outlined in the email you to confirm our acceptance of your order . Any dates provided are approximate only and we cannot be held liable for costs incurred if delivery is delayed.
6.2 We may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
6.3 Delivery is complete on arrival of the Goods at the delivery location set out in your order and the Goods will be at your risk from that time.
6.4 You own the Goods once we have received payment in full, including all applicable delivery charges.
6.5 If we fail to deliver the Goods, our liability is limited to the cost of the price of the Goods. We shall have no liability for any delay in delivery of the Goods, or failure to deliver the Goods, where the delay or failure is caused either by an Event Outside Our Control (defined at clause 12) or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of Goods.
6.6 If we deliver up to and including 5% less or more than the quantity of the Goods ordered you may not reject them, but on receipt of notice from you that the quantity of the wrong Goods were delivered, a pro-rata adjustment shall be charged accordingly to the amount you paid for the Goods.
6.7 If you fail to take delivery within 10 days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.
7.1 We provide international delivery (i.e. delivery outside of the UK) as outlined during the order process.
7.2 The Goods only comply with UK laws, regulations or standards, unless we states otherwise. It is your responsibility to check the Goods comply with any relevant country specific standards.
7.3 The Goods may be subject to import duties and taxes which are applied when the delivery reaches that destination, we do not have control over these charges and cannot predict their amount.
7.4 You will be responsible for payment of any such import duties and taxes you should contact their local customs office for further information before placing an order;
7.5 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We accepts no liability for you breaking any such law.
MANUFACTURER’S GUARANTEE:
Some of the Goods we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Goods.
9.1 We provide a warranty that on delivery and for the period set out in the manufacturer’s warranty, the Goods shall:
(a) Subject to clause 3, conform with their description; and
(b) Be free from material defects in design, material and workmanship.
9.2 Subject to clause 9.4, if:
(a) You give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 9.2;
(b) We are given a reasonable opportunity of examining the Goods; and
(c) If we ask you to do so, you return the Goods to us at your cost,
We will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full excluding any delivery charges.
9.3 We will not be liable for breach of the warranty set out in clause 9.2 if:
(a) You make any further use of the Goods after giving notice to us under clause 9.3;
(b) The defect arises because you failed to follow our or the manufacture’s written instructions as to the storage, commission, installation, use or maintenance of the Goods or (if there are none) good trade practice regarding the same;
(c) You alter or repair the Goods without our written consent;
(d) The defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) The Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
9.4 We will only be liable to you for the Goods’ failure to comply with the warranty set out in clause 9.2 to the extent set out in this clause 9.
9.5 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.
9.6 These Terms also apply to any repaired or replacement Goods supplied by us to you.
10.1 Nothing in these Terms limits or excludes our liability for:
(a) Death or personal injury caused by our negligence;
(b) Fraud or fraudulent misrepresentation;
(c) Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) Any other liability that cannot be limited or excluded by law.
10.2 Subject to clause 10.2, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) Any loss of profits, sales, business, or revenue;
(b) Loss or corruption of data, information or software;
(c) Loss of business opportunity;
(d) Loss of anticipated savings;
(e) Loss of goodwill; or
(f) Any indirect or consequential loss.
10.3 Subject to clause 10.2, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the Goods to which the claim relates.
10.4 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
11.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
(a) You commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
(b) You fail to pay any amount due under the Contract on the due date for payment and remains in default not less than 14 days after being notified to make such payment;
(c) You take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), 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 your assets or ceasing to carry on business;
(d) You suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(e) Your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
11.2 Termination of the Contract shall not affect your or our rights, remedies, obligations and liabilities that have accrued as at termination.
11.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under the Contract 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.
12.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel the Contract, please contact us. If you opt to cancel the Contract, you will have to return (at your cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
13.1 When we refer to “in writing” in these Terms, this includes email.
13.2 Any notice or other communication given by either party or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
13.3 A notice or other communication is deemed to have been received:
(a) If delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) If sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) If sent by email, at 9.00 am the next working day after transmission.
13.4 In proving the service of any notice, it will be sufficient to prove:
(a) In the case of a letter, that such letter was properly addressed, stamped and placed in the post; and
(b) In the case of an email, that such email was sent to the specified email address of the addressee.
13.5 The provisions of this clause 13 shall not apply to the service of any proceedings or other documents in any legal action.
14.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person with our prior written consent.
14.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by both parties to the Contract (or our respective authorised representatives).
14.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, 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 or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
14.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, they will be severed from the Contract and the remaining paragraphs will remain in full force and effect.
14.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its Terms.
14.6 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.
