Terms and Conditions
Terms & Conditions / Agreement
1.1 In these Conditions:
The person (or persons) hiring equipment will be referred to as “the hirer” or ”customer”. Lizard Audio may be referred to as “the owner”.
“Acceptance of Order” means the Company’s written acceptance of order form completed and signed by an authorised signatory for and on behalf of the Company detailing the Customer’s order for the Goods subject to these Conditions
“Charges” means the charges specified on the Invoice for provision of the Services
“Company” means Lizard Audio
“Conditions” means the standard terms and conditions for the sale of Goods and provision of Services set out in this document and (unless the context otherwise requires) as varied by any special terms and conditions agreed in writing between the Customer and the Company
“Contract” means the contract for the purchase and sale of the Goods as set out in the Invoice and these Conditions or the contract for the provision of Services
“Customer” means the person firm or company specified in the Invoice whose order for the Goods is accepted by the Company
“Equipment” means the machinery identified on the Invoice (whether or not sold by the Company) in relation to which the Services are to be provided by the Company in accordance with these Conditions
“Goods” means the machinery (whether new or second hand) (including any instalment of the machinery or any parts for it) which the Company is to supply in accordance with these Conditions
“Normal Working Hours” means the hours of 8.00 a.m. to 5.30 p.m (inclusive) on any Working Day
“Services” means the routine inspection and maintenance of the Equipment being a Standard Service or Major Service and where specifically requested by the Customer Additional Work or repair of a Defect in the Equipment to be provided by the Company to the Customer subject to these Conditions during the Term
“Site” means the location of the Equipment specified on the Invoice or any other location agreed from time to time between the parties
“Term” means the period of time specified on the Invoice (during which the Services shall be provided) subject to earlier termination as provided in these Conditions
“Working Day” means any day other than a Saturday or Sunday or a bank or public holiday
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation
1.3 Unless the context otherwise requires reference to any Clause is to a Clause of these Conditions and reference to any sub-clause is unless otherwise stated reference to a sub-clause of the Clause in which the reference appears.
2. Basis of Contract:
2.1 The Company shall sell the Goods and or provide the Services and the Customer shall purchase the Goods and/or Services subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any order is made or purported to be made by the Customer
2.2 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Customer and the Company
2.3 The Company’s employees or agents are not authorised to make any representations concerning the Goods or Services unless confirmed by the Company in writing. In entering into the Contract the Customer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed
2.4 Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the application storage or use of the Goods which is not confirmed in writing by the Company is followed or acted upon entirely at the Customer’s own risk and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed
2.5 Any typographical clerical or other error or omission in any sales literature quotation price list acceptance of offer invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company
2.6 No order for Goods submitted by the Customer shall be deemed to be accepted by the Company unless and until recorded on an Acceptance of Order signed by the Company’s authorised representative. No order for Services submitted by the Customer shall be deemed to be accepted by the Company unless and until the Service Agreement signed by both the Customer (or an authorised representative of the Customer) and the Company’s authorised representative has been received by the Company
2.7 The Customer shall be responsible to the Company for ensuring the accuracy of the order (including any applicable specification) submitted by the Customer and for giving the Company any necessary information relating to the Goods or Services required within a sufficient time to enable the Company to perform the Contract in accordance with its terms
2.8 All prices quoted whether for Goods or provision of the Services are valid for 30 days only or until an earlier order is placed by the Customer after which time they may be altered by the Company without giving notice to the Customer
2.9 We require payment to terms. Payment must be made on time, in full, and without any deduction, set off or counterclaim. In the event that an account is outstanding, we will refer the matter to our debt collection agents, Daniels Silverman Limited, which will incur costs any costs incurred to collect the debt will be added to the debt, plus VAT at the prevailing rate. You agree that you will be legally liable to pay us that surcharge, and that payment of the same can be enforced against you in court.”
3. Orders and Specification of Goods:
3.1 The quantity quality and description of and any specification for the Goods shall be those set out in the Invoice
3.2 The Company reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or where the Goods are to be supplied to the Company’s specification which do not materially affect their quality or performance
3.3 No order for Goods which has been accepted by the Company may be cancelled by the Customer except with the agreement in writing of the Company and on terms that the Customer shall indemnify the Company in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by the Company as a result of cancellation.
4. Price of the Goods:
4.1 The price of the Goods shall be that set out in the Invoice.
4.2 The Company reserves the right by giving notice to the Customer at any time before delivery to increase the price of the Goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company including but not limited to any foreign exchange fluctuation; currency regulation; alteration of duties; significant increase in the costs of labour; materials transport or other costs of manufacture; any change in delivery dates quantities or specifications for the Goods which is requested by the Customer; or any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions.
5. Terms of Payment for Goods
5.1 Subject to any special conditions agreed in writing between the Customer and the Company the Company shall be entitled to Charge the Customer for the Goods at any time after the Invoice has been dispatched to the Customer. The Customer shall unless otherwise agreed with the Company pay the price of the Goods in full without any deduction before delivery and the Company shall not be bound to deliver the Goods until the Customer has paid for them in full
5.2 Without prejudice to clause 5.1 where the Company has not invoiced the Customer for the Goods before delivery the Company shall be entitled to invoice the Customer for the price of the Goods on or at any time after delivery of the Goods unless the Goods are to be collected by the Customer or the Customer wrongfully fails to take delivery of the Goods in which event the Company shall be entitled to invoice the Customer for the price at any time after the Company has notified the Customer that the Goods are ready for collection or (as the case may be) the Company has tendered delivery of the Goods. The Customer shall pay the price within 30 days of the date of the Company’s invoice without any deduction and the Company shall be entitled to recover the price notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Customer.
5.3 The time for payment of the price shall be of the essence of the Contract. If the Customer fails to make any payment on the due date then (without prejudice to any other right or remedy available to the Company) the Company shall be entitled to:
5.3.1 cancel the Contract or suspend any further deliveries to the Customer;
5.3.2 appropriate any payment made by the Customer to such of the Goods (or the goods supplied under any other contract between the Customer and the Company) as the Company may think fit (notwithstanding any purported appropriation by the Customer); and
5.3.3 charge the Customer interest (both before and after any judgment) on the amount unpaid at the rate of 20 per cent per month from date of invoice until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest)
6.1 Where the hiring is for an indefinite period, the agreement will commence on the date of the agreement.
6.2 Where the hiring is stated to be for a set period from a certain date, the agreement will start on that date and the owner will then have the equipment available for collection or delivery to the hirer’s instructions.
6.3. The hirer must be aged 18 or over and be a permanent resident of the U.K., and must be able to provide two separate forms of identification including a up to date passport or driving license. One of these two may be retained for the period of hire.
7. Delivery of Goods:
7.1 Delivery of the Goods shall be made by the Customer collecting the Goods at the Company’s premises at an agreed time after the Company has notified the Customer that the Goods are ready for collection or if some other place for delivery is agreed by the Company by the Company delivering the Goods to that place
7.2 Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Company in writing. The Goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Customer
7.3 If the Company fails to deliver the Goods for any reason other than any cause beyond the Company’s reasonable control or the Customer’s fault and the Company is accordingly liable to the Customer the Company’s liability shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods
7.4 If the Customer fails to take delivery of the Goods (or any instalment) or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of the Company’s fault) then without prejudice to any other right or remedy available to the Company the Company may:
7.4.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) or storage; or
7.4.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract.
8.1 Where a single payment is to cover the whole period of the hiring, it is payable before the commencement of the hiring.
8.2 Where the rent is payable periodically, the first payment is to be made before the commencement of the hiring and subsequent payments are to be made in advance at the appropriate periodic intervals calculated from the commencement of the hiring.
8.3 A deposit will be taken on all hires without exception. Lizard Audio reserve the right to withhold the deposit pending testing the equipment. If the hirers I.D. is insufficient then a cash deposit will be taken to cover the full value of the equipment hired.
8.4 Lizard Audio reserves the right to use the hirers deposit as payment towards any excess charges incurred.
8.5 Any overdue hires will be charged for at the full daily rate.
8.6 Any lost equipment will be charged for at full new for old replacement value including any additional costs incurred by Lizard Audio.
9. Condition of plant on commencement of hiring:
9.1 The agreement is entered into on the basis that the hirer has inspected the plant and is satisfied as to its condition in respect of defects that inspection ought to have revealed.
10. Responsibilities undertaken by the hirer:
10.1 The hirer is responsible to the owner from the commencement of the hiring for the safekeeping of the plant and for it’s use in a proper and workmanlike manner, and is strictly liable for any loss of, or damage to the plant from whatsoever cause arising, fair wear excepted. In particular, the hirer will not use the plant for any purpose beyond its capacity or in a manner likely to result in undue deterioration. If anyone other than the hirer uses the plant with the consent of the owner, the liability of the hirer hereunder shall extend to that use.
10.2 The hirer is to take out and maintain adequate comprehensive insurance cover of the plant during the term of the hiring in the name of the hirer and the owner whom the hirer irrevocably appoints his agent to receive all moneys payable under the policy.
10.3 On the termination of the hiring the hirer must return the plant to the owner or arrange for the owner to collect it at the hirer’s expense and (fair wear and tear excepted) the plant must be in the same condition at the commencement of the hiring. The hirer will remain strictly liable under (1) above until the plant is redelivered to the owner. Any equipment returned in an unacceptable condition will have a charge for maintenance or cleaning levied upon it. Cables returned in an unacceptable condition will result in a cleaning or recoiling charge.
10.4 The hirer is not to move the plant from the respective address at which he has stated it will be kept mid use without the prior written consent of the owner.
10.5 The hirer must not lend the plant to any other person, or otherwise part with the possession of it in any way, without the prior written consent of the owner. The hirer is reminded that the plant remains the property of the owner and must not in any circumstances be sold or used as security.
10.6 The hirer will accept responsibility for ensuring that they have collected everything hired to them. No responsibility will be accepted by Lizard Audio for equipment left behind, including all audio and power cables.
10.7 The hirer will accept total responsibility for any personal injury or consequential damages arising from the use of the equipment howsoever caused.
10.8 The Customer irrevocably and unconditionally authorises the Company to enter its premises (or any premises reasonably thought by the Company to be used by the Customer) for the purpose of re-possessing the Goods following a demand for delivery up thereof
10.9 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company but if the Customer does so all monies owing by the Customer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable
10.10 Unless otherwise stated all equipment is for indoor use only 240v 50Hz
10.11 The hirer is fully liable for all equipment while on hire until checked in at the end of hire.
10.12 when using vehicles provided by Lizard Audio the driver is fully liable for any damage howsoever caused and to take out fully comprehensive insurance under their own name and take full responsibility for any speeding or otherwise non acceptable driving
11.1 The hirer must not repair or attempt to repair the plant in the event of damage or breakdown, but must at once notify the owner. 07709 815242
11.2 If the damage or breakdown has been caused by the fault or carelessness of the hirer or by misuse of the plant, repair will be at the expense of the hirer, the owner has up to 7 days to diagnose any problems after the date of the event.
11.3 In any case other than under (2) above, the repair will be at the expense of the owner.
11.4 The owner may in either case (1) or case (2) above substitute other plant of a similar type and condition in lieu of repairing the plant, but under case (2) the hirer will still remain the responsibility for the cost of the repair.
11.5 The owner may alternatively under case (2) above (or under case (3) if in the opinion of the owner the plant is not worth repairing, or cannot be repaired) terminate the hiring by written notice to the hirer, in which event, except under case (2), he shall repay the hire rent for any outstanding period for which it has already been paid.
11.6 Nothing in this condition shall affect or diminish the liability of the hirer under condition 4, or render the owner liable to the hirer for any resultant or consequential loss or damage or inconvenience.
11.7 If the Customer reports a Defect in the Equipment and requests a repair the. All such reports of Defects in the Equipment made by telephone must be confirmed in writing by the Customer or an authorised representative of the Customer or otherwise in such a manner as the Company may reasonably require from time to time
12. Position when plant is out of use:
12.1 If the plant is out of use for more than 5 days due to some inherent defect or some cause under the control of the owner, the hire rent will be suspended until the plant is working again or has been replaced.
12.2 In any case other than under (1) above, the rent will continue to be payable.
12.3 In no case shall the owner be liable to the hirer for any resultant or consequential loss damage or inconvenience.
12.4 If the Company decides that it is necessary to move the Equipment or any part of the Equipment from the Site in order to carry out the Services and as a consequence a significant part of the Customer’s operations are affected the Company shall have no obligation to supply or loan to the Customer equivalent equipment while the Equipment or the part in question is being repaired.
13. Position when plant is at risk:
13.1 If during the continuance of the hiring the hirer shall make or propose any composition with his creditors, or commit any act of bankruptcy or, being a company, shall go into liquidation (other than a members voluntary liquidation), or shall suffer any distress or execution to be levied against him, or shall do or cause or suffer to be done any other act where by the rights of the owner may be prejudged, the agreement shall forthwith terminate and the owner shall be entitled to retake possession of the plant without notice, for which purpose it shall be lawful for him to enter any premises where the plant may be; but this power is without prejudice to any other rights of the owner.
14. Services Not Included:
14.1 Damage not covered by the Company, in the Company’s opinion which has arisen as a result of:
14.1.1 electrical work external to the Equipment
14.1.2 transportation or relocation of the Equipment not performed by or on behalf of the Company by its authorised representative
14.1.3 any error or omission relating to the operation of the Equipment
14.1.4 any modification adjustment or repair to the Equipment made by a third party without the written consent of the Company
14.1.5 the subjection of the Equipment by the Customer to unusual physical or electrical stress the neglect or misuse of the Equipment or any failure or fluctuation of electrical power air conditioning humidity control or other environmental controls or
14.1.6 any other cause (except fair wear and tear) which is not due to the neglect or default of the Company.
14.2 If on investigation the Company reasonably determines that any defect in or malfunction of the Equipment is the result of any of the matters referred to in clause 14.1 the Customer shall pay for all costs incurred by the Company in investigating the same and determining its cause in addition to the Charges
14.3 If any part of the Equipment can no longer be maintained in good working order by the provision of replacement spare parts or the whole of the Equipment is damaged beyond economic repair otherwise than through the Company’s fault (as to whether either of which events has occurred the Company’s decision shall be final and binding on the Customer) the Company reserves the right to cease provision of the Services forthwith by giving written notice to the Customer in respect of the whole or any part of the Equipment which can no longer be maintained in which case the Company shall repay to the Customer a fair proportion of the Charges for the Services which have been paid in advance by the Customer
14.4 Except as agreed between the parties in writing the Company shall have no obligation to provide the Services to the Customer outside Normal Working Hours
15. Customers Obligations:
15.1 The Customer shall:
15.1.1 at all times keep the Equipment in the environmental conditions recommended by the manufacturer of the Equipment
15.1.2 use the Equipment only in accordance with such instructions and recommendations relating to the care and operation of the Equipment as may be issued by the manufacturer of the Equipment or as may from time to time be advised in writing by the Company
15.1.3 not allow any person other than the Company’s representatives to adjust maintain repair replace or remove any part of the Equipment
15.1.4 pay the Charges in accordance with these Conditions
15.2 The Customer shall ensure that the Company’s representatives have full and free access to the Site the Equipment and to any records of its use kept by the Customer to enable the Company to perform the Services
15.3 The Customer shall provide the Company with such information concerning the Equipment its application use location and environment as the Company may reasonably request to enable it to carry out its duties and shall make available to the Company free of charge such facilities including but not limited to electricity and water as it may require to properly perform the Services
15.4 The Customer shall take all such steps as may be necessary to ensure the health and safety of any of the Company’s representatives who visit the Site or any other premises of the Customer.
16.1 If Additional Work is required or repair of the Equipment is required by reason of a Defect in the Equipment (whether due to causes covered by these Conditions or otherwise) the Customer shall pay the Company’s standard charges from time to time in force for such services within the period of time specified in the Company’s invoice for such services
16.2 If the Customer fails to pay on the due date any amount which is payable to the Company for the Services then without prejudice to any other provision of these Conditions that amount shall bear interest from the due date until payment in full is made to the Company (both before and after any judgment) at 20 per cent per month (a part of a month shall be treated as a full month for the purposes of calculating interest) and the Company shall at its discretion be entitled to suspend provision of the Services until payment in full is made or at its option cancel the Contract
16.3 The Company reserves the right by giving notice to the Customer at any time during the Term to increase the Charges for the Services to reflect any increase in the cost to the Company including but not limited to any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour and materials or other costs of manufacture or changes to the Services requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions
17 Warranties and Liability:
17.1 The following provisions set out the Company’s entire liability (including any liability for the acts and omissions of its employees agents and sub-contractors) to the Customer in respect of:-
17.1.1 any breach of its contractual obligations arising under the Contract
17.1.2 any representations statement or tortious act or omission including negligence arising under or in connection with the Contract
AND THE CUSTOMER’S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THIS CLAUSE 14
17.2 None of the Goods supplied are manufactured by the Company and the Customer accepts that the Company’s sole responsibility shall be to use its reasonable endeavours to extend to the Customer the benefit of any warranty or guarantee given to the Company by the manufacturer of the Goods. The Company undertakes no responsibility for, makes no representation and no warranty is given in relation to defects in the Goods and accepts no liability for defects in such Goods and in particular but without limitation it shall have no liability regarding the fitness for purpose quality or merchantability of the Goods whether express or implied statutory or otherwise
17.3 Where Services are provided the Company warrants that it will perform the Services with reasonable skill and care but accepts no other obligation duty or liability to the Customer in contract, tort or for breach of statutory duty or otherwise. Spare parts or replacement components supplied during repair of Equipment are not manufactured by the Company and the Company undertakes no responsibility, makes no representation and no warranty is given in relation to defects in spare parts or components and accepts no liability for defects in spare parts or components but shall use its reasonable endeavours to extend to the Customer the benefit of any warranty or guarantee given to the Company by the manufacturer
17.4 Nothing in these Conditions shall be deemed to exclude or restrict the Company’s liability for death or personal injury resulting from its own negligence or that of its employees agents or sub-contractors
17.5 Subject as expressly provided in these Conditions and except where the Goods are sold or the Services are provided to a person dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977 (“UCTA”) all warranties conditions or other terms implied by statute or common law are hereby excluded. The Customer shall be responsible for ascertaining whether the Goods are fit for the Customer’s purpose
17.6 Where the Goods are sold or Services provided under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Conditions
17.7 Where the Goods are expressly sold as secondhand the Customer acknowledges that the Goods are sold at a price which reflects their secondhand nature and quality. Secondhand Goods have not been inspected by the Company prior to their sale to the Customer
17.8 Without prejudice to Clause 17.2 the Customer or his agent shall inspect the Goods immediately on delivery and any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to the Company within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and the Customer does not notify the Company as provided by this Clause the Customer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract. In no event shall the Customer be entitled to reject the Goods on the basis of any defect or failure which is so slight that it would be unreasonable for it to reject them.
17.9 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Conditions the Company shall be entitled to replace the Goods (or the part in question) free of charge or at the Company’s sole discretion refund to the Customer the price of the Goods (or proportionate part of the price) but the Company shall have no further liability to the Customer or consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer or arising out of or in connection with the provision of the Services except as expressly provided in these Conditions
17.10 Except in respect of death or personal injury caused by the Company’s negligence the Company shall not be liable to the Customer by reason of any representation (unless fraudulent) or implied warranty condition or other term; or any duty at common law; or under the express terms of the Contract for any indirect special
17.11 Without prejudice to the provisions contained in this Clause 17 the Company’s liability in contract tort (including negligence or breach of statutory duty) or otherwise arising by reason of or in connection with the sale of the Goods or provision of the Services shall (except in relation to death or personal injury caused by the negligence of the Company or its employees) in respect of the sale of Goods be limited to an amount equal to the price of the Goods or in respect of the provision of Services shall be limited to an amount equal to the Charges for the Services for the Term or the sum of £1,000 whichever is the greater
17.12 The Company shall be under no liability whatsoever for any loss, damage, injury or expense caused by the Customer’s misuse of the Goods or Equipment. The Customer shall at all times obey and comply with any instructions or other information given by the Company relating to the proper and safe use of the Goods
18. Force Majeure:
18.1 The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performance or any failure to perform any of the Company’s obligations in relation to the Goods or Services if the delay or failure was due to any cause beyond the Company’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond the Company’s reasonable control:
18.1.1 strikes lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
18.1.2 difficulties in obtaining raw materials labour fuel parts or machinery;
18.1.3 power failure or breakdown in machinery
19. Rights of the owner not previously mentioned:
19.1 If the hirer does not pay any hire rent when it is due, or if the hirer is otherwise in breach of his agreement, or if the hiring is terminated prematurely at the request of the hirer, the owner may remove the plant forthwith, with the right to enter any premises, by any means, where the plant may be, or believed to be by the owner, for that purpose and may treat the agreement as having been repudiated by the hirer, and if the hiring is for a fixed term of 2 years or longer, the hirer shall be liable to pay the owner in respect of the repudiation a sum equivalent to the hire rental payable for the remainder of the term of the hiring less allowance for maintenance and accelerated payment such allowance to be agreed or settled by arbitration; but nothing contained in this condition shall reduce of affect the liability of the hirer under condition.
19.2 The owner reserves the right to supply alternative, equivalent, equipment should circumstances dictate. The Owner reserves the right to refuse rental.
20.1 This clause applies if:
20.1.1 the Customer makes any voluntary arrangement with its creditors or
20.1.2 becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or
20.1.3 an encumbrancer takes possession or a receiver administrative receiver or administrator is appointed of any of the property or assets of the Customer or
20.1.4 the Customer ceases or threatens to cease to carry on business or
20.1.5 the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly or
20.1.6 in the circumstances referred to in clause 9.2 or
20.1.7 if any sum payable pursuant to these Conditions or the Contract (whether for the Goods or for provision of the Services) is not paid on the due date
20.2 If Clause 17.1 applies then without prejudice to any other right or remedy available to the Company the Company shall be entitled to cancel the Contract or suspend any further deliveries of the Goods or provision of the Services under the Contract without any liability to the Customer and if the Goods have been delivered or the Services provided but not paid for the price for the Goods or Charges for the Services (as appropriate) shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary
20.3 Where the hiring is for a fixed period shall terminate on the expiry period.
20.4 Where the hiring is for an indefinite period, or is continued by mutual agreement after the expiry of a fixed period, either the owner or the hirer may terminate it by giving to the other not less than 4 weeks notice.
21. English Law etc:
21.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice
21.2 No waiver by the Company of any breach of the contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision
21.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby
21.4 The Contract shall be governed by and construed in accordance with the laws of England
21.5 All disputes arising in connection with the Contract the sale of the Goods or provision of the Services shall be submitted to the exclusive jurisdiction of the English Courts