1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products (including site survey and installation services) to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products (including site survey and installation services) to you, how you and we 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.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
1.3.1 You are an individual.
1.3.2 You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to consumers only will state in the clause heading that they only relate to consumers and those specific to businesses only will state in the clause heading that they only relate to businesses.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. ODC Door & Glass Systems Limited. Our registration number is 06732865 and our registered office is at 97 Bollo Lane, London. W3 8BN. Our registered VAT number is 942 6397 96.
2.2 How to contact us. You can contact us by telephoning our customer service team at 03300 586 793 or by writing to us at [email protected] or 97 Bollo Lane, London, W3 8BN.
2.3 How we may contact you. 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.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 Our quotation. Any quotation we give to you shall not constitute an offer, and is only valid for a period of 30 days from its date of issue.
3.2 How we will accept your order. Our acceptance of your order will take place when we write to you to accept it, at which point a contract will come into existence between you and us. Any contract we enter into with you is conditional upon us completing a survey of your property (see clause 5 for further information) unless we are making the product to your dimensions in accordance with clause 4.4.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we are unable to meet a delivery deadline you have specified.
3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.5 We only sell to the UK. Our brochure and website are solely for the promotion of our products in the UK. Unfortunately, we do not accept orders or deliver outside the UK.
3.6 Our conditions apply to your order. These terms apply to our contract with you to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products in our brochure and on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images, particularly where the product is bespoke or a special order that has been manufactured to a specification provided by either us or you or where a timber product is being supplied in which case it is accepted that as a natural product there will be variations in colours, shades and grains, often in the same batch.
4.2 Glass products. All our glass products will comply with the standards as set out by the Glass and Glazing Federation http://www.ggf.org.uk/ and in our Acceptable Glass Quality Standards policy https://www.odcglass.co.uk/glass-quality
4.3 Product packaging may vary. The packaging of the product may vary to allow it to be safely transited.
4.4 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.
4.5 Special order items. We may have to order in specific materials to make your products, for example if the item is ordered to your colour specification. If this is the case we will let you know. As we cannot return these no refund will be given in the event of a cancelled order.
5. Site survey
5.1 If you are to carry out a survey of your property. If you (or a third party engaged by you) are carrying out your own survey of the property, you are responsible for telling us about all matters which arise as part of the survey which may affect our ability to provide and (where applicable) fit the products. You must tell us about all matters affecting the property including but not limited to hidden drains, lintels, cellars, underpinning, piling and soakaways.
5.2 If we are to carry out a survey of your property. If we are to carry out a survey of the property we will be responsible for taking the measurements for the product and assessing the property. You must tell us about all matters affecting your property that you are aware of. We will notify you of the outcome of our survey and any issues arising out of it. We will take pictures of the site, mark any agreed levels or datums. These will be incorporated into a survey report and it is your responsibility to ensure all agreed levels and positions are adhered to.
5.3 Additional work required arising out of the survey carried out by you or us. If the survey reveals matters which will involve a change to the products or installation services, or an increase to the price, and such matters were not reasonably evident to us at the time we entered into the contract with you we may alter the design for the products (including delivery and installation) and the price to be paid by you accordingly. If you are not satisfied with the altered design and/or price, you may cancel the contract in accordance with clause 13.3.
6. Things you must do
6.1 Check the order details. You must ensure that the terms of the order are complete and accurate and let us know as soon as possible if there are any errors.
6.2 Prepare your property. If we are to install the Goods for you, you must prepare the property so that the property is suitable for us to install the products. You must obtain and maintain all necessary licences, permissions and consents (including planning permission, building regulation or other statutory, legal or other permission or consent required) which may be required for us to install the products before the date we begin installation. You must also ensure that the property complies with all health and safety regulations.
6.3 Allow us access to the property. If we are installing the products, you must allow us to access the property as we have arranged with you. You must co-operate with us in all matters relating to the installation and you must tell us about all matters affecting the property that you are aware of. We must be able to park our vehicles near the site. If we are not able to do so you must inform us at the time of order as there may be additional costs. Where parking permits are required you must provide them.
6.4 Information you must give us. We may need certain information from you so that we can supply the products to you, for example, if the property is or forms part of a listed building or is in a conservation area or otherwise subject to any form of restriction or right which may have an impact on our ability to supply or install the product. We will contact you to ask for this information. You must give us all information and materials as that we may reasonably require in order to supply the Works, and you must ensure that such information is complete and accurate.
6.5 Notify your insurers. You must notify your insurers of the delivery and installation of the products and ensure that the products delivered are adequately covered by your insurance from delivery of the Goods.
6.6 Plans and drawings. We will take reasonable care to ensure that working plans, diagrams and drawings provided to you are adequate to facilitate the installation in a proper and workmanlike manner. Where any planning, erection or installation works are not undertaken by us, and in relation to any part of the structure not erected by us, you must ensure that all working plans, diagrams and drawings meet with your requirements in every respect. You must make sure that any planning, erection or installation works are carried out in a proper and workmanlike manner and in accordance with all applicable laws and regulations.
7. Your right to make changes
7.1 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
8. Our right to make changes
8.1 We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to address security issues. These changes will not affect your use of the product.
9. Providing the products
9.1 Delivery and installation costs. The costs of delivery and installation will be as set out in our quotation.
9.2 Delivery location. We will deliver the products to your property or such other location as we may agree with you.
9.3 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working days and hours of 9am and 5pm Monday to Friday within five working days of us notifying you that the products are ready.
9.4 When we will provide the products. During the order process we will give you an estimated date for us to provide the products to you and install them. Please note that this is an estimated delivery date and therefore it may change. If we do need to change the delivery date, we will notify you.
9.5 We are not responsible for delays outside our control. If our delivery or installation of the products 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 products you have paid for but not received.
9.6 If you are not at home when the product is delivered. If no one is available at your address to take delivery or to be present during installation, we will contact you. If no one is able to attend to take delivery or to be present during installation you must contact us to rearrange delivery. We may charge you for any further delivery cost.
9.7 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect the products from us 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 15.2 will apply.
9.8 If you do not allow us access or the property is unsuitable to install. If you have asked us to install the products for you and you do not allow us access to the property or the property is unsuitable for us to install the product as agreed (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. For the avoidance of doubt, if a new installation date is required the additional costs could be as much as the entire installation cost. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 15.2 will apply.
9.9 If you do not give required information to us. If you give us incomplete or incorrect information, we may either end the contract (and clause 15.2 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 products 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.
9.10 We may deliver in instalments. We may deliver the products by instalments. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
10. Ownership of the products
10.1 When you become responsible for the product. The product will be your responsibility from the time:
10.1.1 we deliver the product to the address you gave us, where the products are delivered by us.
10.1.2 we install the product to the address you gave us, where products are installed by us.
10.1.3 you collect the product from us, where the product is collected by you.
10.2 When you own goods. You own a product once we have received all payment in full and cleared funds.
11. Our rights before you own the products if you are a business
11.1 How you should keep the products before you own them. Until ownership of the products has passed to you, you shall:
11.1.1 store the products separately from all your other goods so that they remain readily identifiable as our property;
11.1.2 not remove, deface or obscure any identifying mark or packaging on or relating to the products;
11.1.3 maintain the products in satisfactory condition and keep them insured against all risks for their full price on our behalf from the date of delivery;
11.1.4 notify us immediately if you become subject to any of the events listed in clause 16; and
11.1.5 give us such information relating to the products as we may require from time to time.
11.2 You may sell the products in the ordinary course of business. Subject to clause 11.3, you may resell or use the products in the ordinary course of its business (but not otherwise) before we receive payment for the products. However, if you resell the products before that time:
11.2.1 you do so as principal and not as our agent; and
11.2.2 title to the products shall pass from us to you immediately before the time at which resale by you occurs.
11.3 Rights we may have before title passes to you. Until title to the products passes to you, , if you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due, then without limiting any other right or remedy we may have, we may enter any of your premises or of any third party where the products are stored in order to recover them.
11.4 Rights we may have if you become subject to any of the events listed in clause 16. If before title to the products passes to you, you become subject to any of the events listed in clause 16, then, without limiting any other right or remedy we may have:
11.4.1 your right to resell products or use them in the ordinary course of its business ceases immediately; and
11.4.2 we may at any time:
188.8.131.52 require you to deliver up all products in its possession which have not been resold, or irrevocably incorporated into another product; and
184.108.40.206 if you fail to do so promptly, enter any of your premises or those of any third party where the products are stored in order to recover them.
12.1 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 22.1) and you still do not make payment within 10 days of us reminding you that payment is due, we may suspend supply and installation of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply and installation of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 22.2). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 22.3).
13. Your right to end the contract
13.1 You can always end the contract. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer and are set out at clauses 13.2 to 13.6.
13.2 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 18 if you are a consumer and clause 19 if you are a business.
13.3 If the survey results in changes to the design or price. If we have told you about changes required to the product or price which arise out of the site survey you may end the contract. If you want to end the contract, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products 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 your ending the contract.
13.4 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 13.4.1 to 13.4.2 below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly. The reasons are:
13.4.1 there is a risk that supply of the products may be significantly delayed because of events outside our control;
13.4.2 you have a legal right to end the contract because of something we have done wrong.
13.5 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). Your right as a consumer to change your mind and cancel the contract does not apply in respect of our products because they are bespoke products.
13.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind, 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 product is delivered, and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products 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 your ending the contract.
14. How to end the contract with us
14.1 Tell us you want to end the contract. To end the contract with us, please let us know by calling our customer services on 03300 586 793 or writing to us at [email protected] or 97 Bollo Lane, London,W3 8BN. Please provide your name, home address, details of the order and, where available, your phone number and email address.
14 .2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must allow us to collect them from you. Please call us to arrange collection.
14.3 When we will pay the costs of return. We will pay the costs of return:
14.3.1 if the products are faulty or misdescribed; or
14.3.2 a delay in delivery due to events outside our control because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return.
14.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. We will notify you of the cost prior to collection.
14.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including any applicable delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
14.6 When your refund will be made. We will make any refunds due to you as soon as possible.
15. Our rights to end the contract
15.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
15.1.1 you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
15.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
15.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
15.1.4 you do not, within a reasonable time, prepare your property or allow us access to your property to supply the installation services.
15.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 15.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we have and will incur as a result of your breaking the contract.
16. Our right to end the contract if you are a business
16.1 In addition to our right to end the contract under clause 15, if you are a business we may end the contract at any time by writing to you if:
16.1.1 you take any step or action in connection with your 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;
16.1.2 you suspend, or threaten to suspend, or cease or threaten to cease to carry on all or a substantial part of your business; or
16.1.3 your financial position deteriorates to such an extent that in our opinion the your capability to adequately fulfil your obligations under the contract has been placed in jeopardy.
17. If there is a problem with the product
17.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 03300 586 793 or write to us at [email protected] or at 97 Bollo Lane, London, W3 8BN. Alternatively, please speak to one of our staff at one of our showrooms.
18. Your rights in respect of defective products if you are a consumer
18.1 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
18.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must allow us to collect them from you. We will not charge for our costs of collection.
18.3 We will pass any guarantees issued by the manufacturers of the products to you wherever possible.
19. Goodwill guarantee
19.1 Our goodwill guarantee for consumers. We may from time to time offer a goodwill guarantee that is more generous than your legal rights under consumer legislation. Your legal rights are not affected by any guarantee we may provide to you. Any goodwill guarantee that we provide will not cover mis-use of the product and will only apply once you have paid in full for the product. You should refer to the guarantee documentation for more information on the guarantee we provide.
19.2 Transferring our guarantee. You may transfer our guarantee at clause 19.1 to a person who has acquired the property from you. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing their proof of address.
20. Your rights in respect of defective products if you are a business
20.1 If you are a business customer we warrant that on delivery (warranty period), any products which are goods shall:
20.1.1 conform in all material respects with their description and any relevant specification;
20.1.2 be free from material defects in design, material and workmanship; and
20.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
20.2 Subject to clause 20.3, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full, if:
20.2.1 you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 20.1;
20.2.2 we are given a reasonable opportunity of examining such product; and
20.2.3 you return such product to us at our cost.
20.3 We will not be liable for a product’s failure to comply with the warranty in clause 20.1 if:
20.3.1 you make any further use of such product after giving a notice in accordance with clause 20.2;
20.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
20.3.3 the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
20.3.4 you alter or repair the product without our written consent; or
20.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
20.4 Except as provided in this clause 20, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 20.1.
20.5 These terms shall apply to any repaired or replacement products supplied by us under clause 20.2.
21.1 Where to find the price for the product. The price of the product (which includes VAT unless stated otherwise in writing) will be the price set out in our quotation or tender.
21.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
22.1 How you must pay. We accept payment with the following:
22.1.1 bank transfer: we will notify you of our bank details in our quotation.
22.1.2 credit or debit card including MasterCard, Visa and American Express.
22.2 When you must pay. You must pay for the products (including any delivery and installation costs) as follows:
22.2.1 you must make an advance payment of 60% of the total price on placement of your order.
22.2.2 you must make payment of the remaining 40% of the total price of the service no later than ten days prior to delivery or installation (whichever is later).
The above payment terms will apply unless we have agreed in writing. If you do not make payment to us when it is due we may cancel the contract and you must compensate us as set out in clauses 15.1.1 and 15.2.
22.3 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
22.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclays Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
23. Our responsibility for loss or damage suffered by you if you are a consumer
23.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
23.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 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 products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
23.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so, which is caused by our failure to carry out the installation properly. However, we are not responsible for the cost of:
23.3.1 repairing any damage which is incidental to or would be reasonably expected to occur as a result of removing existing products or installing new products.
23.3.2 repairing any pre-existing faults or damage to your property that we discover while providing the services.
23.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
24. Our responsibility for loss or damage suffered by you if you are a business
24.1 Nothing in these terms shall limit or exclude our liability for:
24.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
24.1.2 fraud or fraudulent misrepresentation;
24.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
24.1.4 defective products under the Consumer Protection Act 1987; or
24.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
24.2 Except to the extent expressly stated in clause 20.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
24.3 Subject to clause 24.1:
24.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
24.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £1 million and 100% per cent of the total sums paid by you for products under such contract.
25. How we may use your personal information
25.1 How we will use your personal information. We will use the personal information you provide to us:
25.1.1 to supply the products and provide the installation services to you;
25.1.2 to process your payment for the products; and
25.1.3 if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
25.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
26. Other important terms
26.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
26.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you do not need our agreement to transfer the benefit of our guarantee in clause 19.
26.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 19 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
26.4 If a court finds part of this contract illegal, the rest will continue in force. 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.
26.5 Even if we delay in enforcing this contract, we can still enforce it later. 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.
26.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer? 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.
26.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business? If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
26.8 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. We will notify you of the provider we use at that time. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
(Version 1: Feb2021)