IRELAND’SFARMMACHINERYLTD
(including the Ireland’s Farm Machinery Ltd “MachineryRegister”) CONDITIONS OF SALE
Interpretation
In theseConditions:- Agency Sale”
asaleinrespectofwhichIreland’sFarmMachineryLtdactsasagentfortheowner(includingbut notlimited tothesale ofanitem ontheMachinery Register).
Buyer
meansthepersonwhoacceptsawrittenorverbalquotationoftheSellerforthesaleoftheGoods orwhosewrittenorverbalorder fortheGoodsisacceptedbytheSeller.
“Conditions”
meansthestandardtermsandconditionsofsalesetoutinthisdocumentand(unlessthecontext otherwise requires) includes any special terms and conditions agreed whether verbally or in writing between the Buyer and the Seller. Contract meansthecontractforthepurchaseandsaleoftheGoods. “Goods” meansthegoods(includinganyinstalmentofthegoodsoranypartsforthem)whichtheSelleris tosupply in accordance with these Conditions.
“the Machinery Register” theIreland’sFarm MachineryLtd“MachineryRegister”of second-hand machinery whichIreland’s Farm Machinery Ltd hasfor disposal by way ofAgency Sale.
theSeller and Ireland’sFarmMachineryLtd meansJRJIrelandandFMIrelandtradingas“Ireland’sFarmMachineryLtd”saveinthecase ofAgencySaleswhenunlessthe context otherwise requires “the Seller” means the disclosed principal (named or un-named) by whom Ireland’s Farm MachineryLtdisinstructed.
“Writing” includes facsimile transmission and comparable means of communication.
AnyreferenceintheseConditionstoanyprovisionofastatuteshallbeconstruedasareference tothatprovisionasamended re-enactedorextendedattherelevanttime. Theheadings inthese Conditions arefor convenience onlyand shall not affect their interpretation Second-handGoodsAgency Sales andtheMachinery Register.
InAgencySalesIreland’sFarmMachineryLtdsellsasagentforitsprincipalandIreland’sFarm MachineryLtdshallnotbeliable totheBuyerinrespectoftheContractortheGoods.
AllitemsincludedintheMachineryRegisteraresubjecttobeingunsoldandavailable.
AnystatementbyIreland’sFarmMachineryLtdastoanysecond-handorpre-usedGoodsor GoodstobesoldbywayofAgency SaleisamatterofopiniononlyandtheBuyermustrelyonhis own inspection andjudgement ofsuch Goods. Ireland’sFarm Machinery Ltdandtheir employeesdo notgive and havenoauthority to give any representationorwarrantyin relationtoGoodstobesoldbywayofAgencySale.Anydescription oftheGoodsisgiveningoodfaithbutwithoutliabilityonthepart ofIreland’sFarmMachineryLtd Basis of the Sale.
The Seller shall sell and the Buyer shall purchase the Goodsin accordance with anywritten or verbal quotation of the Seller which isaccepted by the Buyer or any written or verbal order of theBuyerwhichisacceptedbytheSellersubjectineithercase to these Conditions which shall governtheContracttotheexclusionofanyothertermsandconditionssubjecttowhichanysuch quotationisacceptedorpurportedtobeacceptedoranysuchorderismadeorpurportedtobe made by theBuyer. No variation to these Conditions shall be binding unless agreed between the authorised representatives of the Buyer and the Seller.
The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed bythe Seller in Writing In enteringinto the Contractthe Buyer acknowledges thatitdoesnotrelyon any suchrepresentations which are not so confirmed.
Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
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 Seller shall be subject to correction without any liability on the part of the Seller. Orders and Specifications
The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer and for giving the Seller any necessaryinformationrelatingtotheGoodswithinasufficient timetoenabletheSellertoperform the Contract in accordance with its terms.
TheSellerreservestherighttomakeanychangesinthespecificationoftheGoodswhichare made by the manufacturer or the Seller’s supplier or which are required to conform with any applicablestatutoryorECrequirementsorwheretheGoodsareto be suppliedtotheSeller’s specificationwhichdonotmateriallyaffecttheirqualityorperformance.
NoorderwhichhasbeenacceptedbytheSellermaybecancelledbytheBuyerexceptwiththe agreementinWritingoftheSeller andontermsthattheBuyer shallindemnifythe Sellerin full againstallloss(includinglossofprofit)costs(includingthecostofall labourandmaterialsused) damageschargesandexpensesincurredbytheSellerasaresultofcancellation.
1. Price of theGoods
A.ThepriceoftheGoodsshallbethepriceagreedbetweentheSellerandtheBuyer.Allprices quotedare validfor14 daysonly oruntilearlieracceptancebytheBuyerafterwhichtimethey may be alteredbytheSellerwithoutgiving noticetotheBuyer. Exceptasotherwise stated under the terms ofany quotation and unless otherwise agreed in WritingbetweentheBuyerandthe SellerallpricesaregivenbytheSellerextheSeller’spremises. ThepriceisexclusiveofanyapplicableValueAddedTaxwhichthe Buyershallbeadditionally liable to pay to theSeller. Terms ofPayment
Subjectto anyspecial terms agreed between the Buyerand the Seller asto paymentprior to collectionordeliveryoftheGoods theBuyershallpay thepriceoftheGoodswithoutanydeduction as follows: (i)For Goods which are complete, prior to collection or delivery of the Goods; (ii)For spare parts and workshop services, within 14 days of the date of invoice; and ( (iv)For Goods purchased for cash, prior to or on collection or delivery of the Goods. The parties agree that the Seller shall be entitled to recover the price notwithstanding that collection or delivery may not have taken place and title in the Goods has not passed to the Buyer. The time ofpayment ofthe price shallbe of the essenceof the Contract Receipts for payment will be issued only upon request.
IftheBuyerfailstomakeanypaymentontheduedatethenwithoutprejudicetoanyotherrightor remedy available to the Seller theSellershall beentitled to:canceltheContractorsuspendanyfurtherdeliveriestotheBuyer; appropriateanypaymentmadebytheBuyertosuchoftheGoods(orthegoodssuppliedunder anyothercontractbetweenthe BuyerandtheSeller)astheSellermaythinkfit(notwithstanding any purported appropriation by the Buyer); and chargetheBuyerinterest(bothbeforeandafteranyjudgment)ontheamountunpaidattherateof4percentperannumaboveHSBC BankPlc’sBaseRatefromtimetotimeuntilpaymentinfull ismade(apartofamonthbeingtreatedasafullmonthforthepurposeof calculatinginterest). Delivery
Deliveryofthe Goods shall be asagreed betweentheSeller andtheBuyer. AnydatesquotedfordeliveryoftheGoodsareapproximateonlyandtheSellershallnotbeliable foranydelayindeliveryofthe Goodshowevercaused.Timefordeliveryshallnotbeoftheessence oftheContractunlesspreviouslyagreedbytheSellerin Writing.TheGoodsmaybedelivered bytheSellerinadvanceofthequoteddeliverydateupongivingreasonablenoticetothe Buyer. Where the Goodsare to be delivered in instalmentseach delivery shallconstitute a separate contractandfailureby theSellertodeliveranyoneormoreoftheinstalmentsinaccordancewith theseConditionsoranyclaimbytheBuyerinrespect ofanyoneormoreinstalmentsshallnot entitletheBuyertotreat the Contractas awhole as repudiated. If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time for delivery(otherwisethanbyreason oftheSeller’sfault)then without prejudicetoanyotherrightorremedy availabletothe SellertheSellermay:storetheGoodsuntilactualdeliveryandchargetheBuyerforthereasonablecosts(including insurance)of storage;or sellthe Goodsatthebestpricereadilyobtainableand(afterdeductingall reasonablestorageandsellingexpenses)accounttotheBuyerfor theexcessoverthepriceunder theContractorchargetheBuyerforanyshortfallbelowthepriceunderthe Contract Risk andTitle RiskofdamagetoorlossoftheGoodsshallpasstotheBuyer:inthecaseofGoodstobedeliveredattheSeller’spremisesatthetimewhentheSellernotifies the Buyer that the Goods are available forcollection; or inthecaseofGoodstobedeliveredotherwisethanattheSeller’spremisesatthetimeofdelivery oriftheBuyerwrongfullyfailsto takedeliveryoftheGoodsthetimewhentheSellerhastendered delivery of the Goods. Notwithstanding deliveryand the passing ofriskin the Goodsoranyother provisionofthese ConditionsthetitleintheGoods shallnotpasstotheBuyeruntiltheSellerhasreceivedin cashorclearedfundspaymentinfullofthepriceoftheGoodsandall othergoodsagreedtobe sold by theSellertothe Buyerforwhich payment is thendue. UntilsuchtimeasthetitleintheGoodspassestotheBuyertheBuyershallholdtheGoodsas theSeller’sfiduciaryagentandbailee andshallkeeptheGoodsseparatefromthoseoftheBuyer and third parties and properly stored protected and insured and identifiedas theSeller’s property. UntilsuchtimeasthetitleintheGoodspassestotheBuyertheSellershallbeentitledat any timetorequiretheBuyertodeliveruptheGoodstotheSellerandiftheBuyerfailstodoso forthwithtoenteruponanypremises oftheBuyeroranythirdpartywheretheGoodsarestored and repossess theGoods. Warranties andLiability Inrespectofneworun-usedGoodstheSellerwillpassontotheBuyerinsofaraspossiblethe benefitofanywarrantygivento the Seller bythe manufacturer or supplier of those Goodsand willonrequestsupplytothePurchaserdetailsofthetermsand
conditionsofsuchwarranty.The Buyer must satisfyhimself as to the suitabilityof the Goods for any purpose for which the Buyer acquires them
Second-handorpre-usedGoods(includingwithoutlimitationallGoodssoldbywayofAgency Sale)aresold“asseen”andthe BuyermustsatisfyhimselfastotheconditionoftheGoodsand theirsuitabilityforanypurposeforwhichtheBuyeracquires them.
Subject as expressly provided in these Conditions all warranties conditions or other terms implied bystatute orcommon law areexcludedtothefullestextentpermittedbylaw.
Anyclaim bytheBuyerinrelationtothe Goodsshall(whether ornotdeliveryisrefusedbythe Buyer)benotifiedtotheSeller withinthreedaysfromthedateofdeliveryIfdeliveryisnotrefused andtheBuyerdoesnotnotifytheSelleraccordinglytheBuyer shallnotbeentitledtorejectthe GoodsandtheSellershallhavenoliabilityforsuchdefectorfailureandtheBuyershallbebound topaythepriceasiftheGoodshadbeendeliveredinaccordancewiththeContract.
Exceptin respectofdeath orpersonal injury caused bythe Seller’snegligence the Seller shall notbeliabletotheBuyerin relationtoanyGoodsforanydirectorindirecteconomicspecial or consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claimsforcompensationwhatsoever(whethercausedbythenegligenceofthe Sellerits employeesoragentsorotherwise)whichariseoutoforinconnectionwiththesupplyoftheGoods ortheiruse orresale by the Buyer.
TheSellershallnotbeliabletotheBuyerorbedeemedtobeinbreachoftheContractbyreason of any delay in performing or anyfailure to perform anyofthe Seller’sobligationsinrelation to theGoodsifthedelayorfailurewasduetoanycausebeyond the Seller’s reasonable control and in such circumstances the time for performance of the Contract shall be extended accordingly. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond the Seller’s reasonablecontrol:delayordefaultonthepartoftheSeller’sownsupplier;and industrialactionortradedisputes(whetherinvolvingemployeesoftheSellerorathirdparty)
1. Insolvency of Buyer
A.Thisclauseappliesif:the Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamationorreconstruction);or anencumbrancertakespossessionorareceiverisappointedofanyofthepropertyorassetsof the Buyer; or theBuyerceasesorthreatenstoceasetocarryonbusiness;or the Seller reasonably apprehends thatany of the events mentioned above is about to occur in relation to the Buyer and notifies theBuyer accordingly.
Ifthisclause10appliesthenwithoutprejudicetoanyotherrightorremedyavailabletotheSeller the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the ContractwithoutanyliabilitytotheBuyerandiftheGoods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to thecontrary.
The following clauses set out in grey below apply in the event that the Buyer is deemed to be a consumer under the Consumer Rights Act 2015:
The Seller passes on some increases in VAT
- If the rate of VAT changes between the Buyer’s order date and the date the Seller supplies the Goods the Seller will adjust the rate of VAT that the Buyer pays, unless the Buyer has already paid in full before the change in the rate of VAT takes effect.
TheBuyer has alegal right to change their mind For mostof the Seller’s products,the Buyer has a legalright to change their mind about their purchase and receive a refund of what they paid for it, including the delivery costs. This is subject to some conditions:
- The Seller’s goodwill guarantee – the Seller may offer customers a goodwill guarantee for products which is more generous that the Buyer’s legal rights as set out below. This goodwill guarantee does not affect the Buyer’s legal rights if there is something wrong with the Goods:
Buyer’s Legal Rights 14 days for the Buyer to change their mind
The Buyer pays costs of return
When the Buyer can’t change their mind. The Buyer cannot change their mind about an order for Goods that are made to the Buyer’s specifications or are clearly personalised and Goods which become mixed inseparably with other items after their delivery.
The deadline for the Buyer changing their mind:
- If the Buyer changes their mind about any Goods they must let the Seller know no later than 14 days after the day they deliver it. If the Buyer’s purchase is split into several deliveries over different days, the period runs from the day after the last delivery, to let the Seller know the Buyer would like to change their mind they must contact the Seller The Buyer must return the Goods at their own cost and they can do so by sending the Goods back to the Seller. If the Buyer does this they should keep a receipt of the delivery process.
- The Seller can reduce the Buyer’s refund if they have used or damaged the Goods
When and how the Seller refunds the Buyer: if the Buyer tells the Seller that they have changed their mind about Goods that have not been delivered or that the Buyer is collecting from the Seller, the Buyer will refund the Seller as soon as possible and within 14 days. The Buyer will refund the Seller by the method the Seller used for payment. The Buyer does not charge a refund fee.
The Buyer has rights if there is something wrong with the Goods
If the Buyer thinks there is something wrong with the Goods, the Buyer must contact the Seller The Seller honours their legal duty to provide the Buyer with Goods that meet all the requirements imposed by law.
Summary of the Sellers key legal rights
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality during the expected lifespan of the product. The Sellers legal rights entitle them to the following:
- Up to 30 days: if the Goods are faulty, then the Buyer can get a refund.
- Up to six months: if the Goods can’t be repaired or replaced, then the Buyer is entitled to a full refund, in most cases.
- Up to six years: if the Goods do not last a reasonable length of time the Buyer may be entitled to some money back.
The Seller can change products and these terms.
- The Seller can always change Goods:
- To reflect changes in relevant laws and regulatory requirements.
- To make minor technical adjustments and improvements. These are changes that don’t affect the Buyer s use of the Goods
The Seller can also make the following types of change to the Goods, but if the Seller does so, they will notify the Buyer and the Buyer can contact the Seller to end the contract before the change takes effect and receive a refund for any Goods the Buyer has paid for but not received.
The Seller can suspend supply of Goods The Seller does this to:
- Deal with technical problems or make minor technical changes;
- Update the product to reflect changes in relevant laws and regulatory requirements; or
- Make changes to the Goods
In the event that the Seller has to suspend the supply of Goods they will contact the Buyer in advance to tell them that they are suspending supply, unless the problem is urgent or an emergency.
Resolving a Dispute with the Seller
The Seller’s Complaints Policy: The Seller will do its best to resolve any problems the Buyer has with the Seller or their products as per the complaints policy.
Resolving disputes without going to court: alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without the parties having to go to court.
The Buyer can go to court. These terms are governed by English law and wherever the Seller is located they can bring claims against the Buyer in the English Courts. If the Buyer lives in Wales, Scotland, or Northern Ireland, they can also bring claims against the Seller in the courts of the country they live in. The Seller can claim against the Buyer in the courts of the country the Buyer lives in.
General
Anynoticerequired or permitted tobe givenbyeitherpartyto the other under theseConditions shallbein 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 the notice.
No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision If any provisions 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.
The Contract shall be governed by the laws of England and the Buyer agrees to submit to the non-exclusive jurisdiction of the English Courts.
IRELAND’S FARM MACHINERY LTD
TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES AND REPAIRS TO MACHINERY AND EQUIPMENT
These Terms and Conditions (‘Terms’) form part of the contract (‘Contract’) between the Supplier and the Customer (unless otherwise previously agreed in writing)fortheProvisionof Servicestothe Customer(‘Service Contracts’). 1 Interpretation
1.1 In theseTerms:
ConfidentialInformation”means(whether or not in a material form) all information concerning the Supplier, the Supplier’s business, including but not limited to all market information and Intellectual Property (whether registered or unregistered), designs and data sheets, marketing and sales reports, financial reports and documents, disclosed or communicated to the Receiving Party in any form or manner by the Supplier or by representatives of the Supplier, and all copies of the information and notes and records forming part of the Confidential Information; Contract”meansthiscontractforthesupplyofServicesandanyrelatedOrderForms;
“Customer”meansthepersonorbusinessnamedontheOrderForm; “Data Protection Legislation” means (i) the General Data Protection Regulation (EU 2016/679); (ii) the Privacy and Electronic Communications (EC Directive) Regulations 2003; (iii) any legislation implemented in connection with the General Data Protection Regulation; (iv) the Data Protection Act 2018; and (v) any replacement legislation in respect of any of the same coming into effect from time to time and in each case as amended, extended or superseded from time to time.
“IntellectualProperty”or“IntellectualPropertyRight”meansanypatent,registereddesign,trademark,co pyright,tradesecretoranyotherproprietaryrightofapartyorparties,registeredorunregistered,inanycountry; OutputMaterial”meansanydocumentsorothermaterials,andanydataorotherinformationprovidedandorcollectedbytheSupplierrelatingtothe ServicesoranysuchinformationdatadocumentsormaterialsarisingfromthesupplyofServices;
‘’OrderForm’’meanstheorderformagreedbetweentheparties; Supplier”meansIreland’sFarmMachineryLtdwhoseregisteredofficeisatMainRoad,Carrington,Boston,LincolnshirePE227HX; Services’’meansagriculturalandgroundcaremachineandequipmentservicesandrepairstobeprovidedbytheSupplierfortheCustomerasspecified onOrderForm;
“Terms”meansthestandardtermsofsaleassetoutinthisdocumentand(unlessthecontextotherwiserequires)includesanyspecialtermsagreedin WritingbetweentheCustomerandtheSupplier; Writing”,andanysimilarexpression,includesfacsimiletransmissionandcomparablemeansofcommunicationandelectronicmail.
6.12
6.13
1.2
1.4 TheCustomercanfind everythingit needs to knowaboutIreland’s FarmMachineryLtdandits servicesonthewebsite, orfrom its sales staff beforetheCustomerplaceanorder. In this Contract:
1.5 wordsimporting the singularnumberincludethe pluralnumber andviceversa; 1.6 wordsimporting personsinclude
itshallbeunderstoodasmeaning‘including withoutlimitation’.
2 BasisoftheSupply
2.1 Thesupplyof Services by the Suppliershall be subject to these Terms.TheOrderForm is confirmationof the Customer’sacceptanceof this Contract and the Terms.
2.2
2.3
2.4
theCustomerin Writing.
2.5 Inenteringintothe ContracttheCustomeracknowledgesthatit doesnotrelyon anysuchrepresentationswhicharenotsoconfirmed,but nothingin theseTermsaffectstheliabilityof eitherpartyforfraudulentmisrepresentation.
2.6 Nothing in this Contract shall create, or be deemed to create a partnership between the parties.
3 Ordersandspecifications
3.1 The quantity, quality and description of the Servicesand any specification forthem shall be as set out in the Order Formunless otherwise agreedin Writingbetweenthe Customerand theSupplier.
3.2 TheCustomershallbe responsibleforgivingtotheSupplierattheCustomer’sownexpenseanynecessarydocumentsor othermaterialsandalldata andinformationrelatingto theServiceswithina sufficienttimeto enablethe Supplierto performthe ContractinaccordancewiththeTerms.
3.3 The Customer shall be responsibleto theSupplierforensuringthe accuracyof anyinformationsuppliedby the Customerandresponsible forthe accuracyof the termsin the OrderForm(including anyapplicablespecification).
3.4 No order for Services which has been accepted by the Supplier may be cancelled by the Customer except with the agreement in Writing of the Supplier and on termsthat the Customer shallindemnify the Supplier in full against all loss (including loss of profit), costs (including the cost of all labour and materialsused), damages, charges and expensesincurred by the Supplier as a result of cancellation.
4 Rights in OutputMaterial
4.1 The property and any copyright or other intellectual property rights in any Output Material or subsequent development of the machinery, equipment or processes used shall, unless otherwise agreed in Writing between the Customer and the Supplier, belong to the Supplier.
4.2 All and any OutputMaterialshall be keptconfidentialby the Customer;but the foregoingshall not apply to any documents or other materials, data or other informationwhicharepublicknowledgeat thetimewhen they are so providedto the Customer by the Supplierand shall cease to applyif at anyfuture time theybecome publicknowledgethroughnofaultoftheCustomer.
4.3 The Customerwarrants that anyinformationdata documents or material and its use by the Supplier for the purposeofsupplyingthe Services will not infringe the Intellectual Property Right of any third party, and the Customer shall indemnify the Supplier against any loss, damages, costs, expenses,or other claimsarisingfromany suchinfringement
5 PriceoftheServices
5.1
6.3
eitherpartyinexercisinganyofits
thatright,andnowaiverbyeither partyof any breachof theContractbytheothershallbeconsideredasa waiverof any subsequentbreachof the sameor any otherprovision.If any provision of the Contractisheldbya courtorothercompetent authoritytobeinvalidorunenforceablein whole or in part the validity of the other provisionsof theContractandtheremainderoftheprovisionin questionshallnot be affected.
6.4 The Customer acknowledges it has read and agrees to the terms of the Supplier’s Privacy Policy which can be found on the Supplier’s website: www.irelandsgroup.co.uk
6.5 The Supplier shallnot be liable or be deemed to be in breachof the Contract by reason of any delayin performing,or any failureto perform, any of the Supplier’s obligations in relation to the Services, if the delay or failure was directly or indirectly due to any cause beyond the Supplier’sreasonablecontrol.Withoutlimitingthe foregoing,thefollowingshallberegardedas causesbeyondthe Supplier’sreasonablecontrol:
a) act of God,explosion,flood, tempest,fire, oraccident;
b) war or threatof war,sabotage,insurrection,civil disturbance,or requisition;
c) acts, restrictions,regulations, bye-laws, prohibitions, or measures ofany kind on the part of anygovernmental,parliamentary or localauthority;
d) pandemic or epidemic (including COVID related delays or failures);
e) importor exportregulationsorembargoes;
f) strikes,lockoutsor other industrialactionsor tradedisputes(whether involvingemployeesof The Supplieror ofa thirdparty);
g) difficultiesin obtainingraw materials,labour,fuel,parts,ormachinery;
h) power failureor breakdownin machinery;or
i) any othercausewhatsoever,whetherornotofalikenaturetothose specifiedherein
6.6 TheSuppliermayperformanyoftheobligationsundertakenby it andexerciseanyof therightsgrantedto it underthisContractthroughany other company which at the relevanttime is its holding companyor subsidiaryor the subsidiary of any such holdingcompany,and any act or omission of any such companyshall forthe purposesofthis Contractbe deemedto be the act or omissionof the Supplier.
6.7 The Supplier may carry out its obligations underthisContractthroughanyagentsor sub suppliersappointed
9.5 TheSupplier’sliabilityislimited,totheextentpermissiblebylawandattheSupplier’soption,to: a) supplyofthe Servicesagain; or b) thepaymentofthecostofhaving the Servicessuppliedagain.
9.6 Totheextentpermittedatlaw,allotherwarrantieswhetherimpliedorotherwise,notsetoutintheseTermsorin
shallhavea
or
manager of all or any of its undertaking or assets appointed, or shall suffer the appointment or the presentation of a petition for the appointmentof an Administratorunderthe provisionsof PartII of theInsolvencyAct 1986,or shallbe deemedby virtueof
the Insolvency
10.3 The Customershall