Shipping
Delivery to all addresses in the United Kingdom are made via Interlink. For international deliveries, please contact us for carriage fees.
Despatch
All stock items are despatched within 24 hours of receipt of order. Delivery dates for bespoke garments will be given upon receipt of order – usually within 6 weeks. For stock clothing that it is to be embroidered or printed, these garments will be dispatched within 14 days of receipt of order.
Returns
We are happy to accept returns within 7 days of purchase for exchange. If your products have been embroidered or printed we are not able to offer an exchange, unless the goods are faulty. We cannot accept returns on any Cherokee garments, it is your responsibility to order the correct garment and size.
Cancellation of Orders: You are entitled to withdraw from this contract within 7 days from delivery of the goods for a full credit or refund less any applicable delivery charges. Goods are to be returned unworn in the original packing with all labels attached within 14 days. You must notify us within 7 days from date of delivery. Please quote your order number or invoice number when requesting a return. It will be your responsibility to return the goods to us at your own cost and risk. Goods received back in any condition other than ‘as new’ will be returned back to you. Please note it is your responsibility to ensure that the goods you order are specified to meet your intended purpose.
Privacy Notice
Your privacy is very important to us. We will not share your personal information with anyone. When we receive an order/enquiry from yourselves, you will be providing us with your name, address, email address and contact phone numbers. This information will only be used by ourselves in order to contact you with regard to your order/s.
You can register your details with our website in order to receive future correspondence/special offers/updates from ourselves. We will not divulge your information with any third parties.
Data Security
To prevent unauthorised access, maintain data accuracy and ensure the correct use of information, we have put in place sufficient security to safeguard all customer’s information.
Updating your personal/company information
You can access your information via the “my account” button in the menu. Should you wish to update any personal/company information, please do so online via the “My Account” option.
Conditions of Use
Washing and care instructions are attached to all garments and must be adhered to.
Embroidery threads are colourfast and can be ironed over. However, certain modern washing powders use a bleaching agent to maintain whiteness and these should be avoided in order to no affect the colourfast threads.
Printed garments – it is recommended that you DO NOT iron over any printed area.
Delivery Costs
All orders over £1000 are carriage free
All orders over £500 up to £999 are charged £9.95 for delivery
All orders under £500 are charged £14.95 for delivery
1. 1st Biotech Limited’s Conditions Apply
1.1 Unless otherwise specifically agreed in writing by 1st Biotech Limited (“Biotech”), all quotations and contracts for the supply of goods by Biotech are made upon these Conditions of Sale (“the Conditions”) which shall at all times override any terms and conditions which the purchaser of such goods (“the Purchaser”) imposes or seeks to impose.
1.2 Delivery of any goods following a quotation for supply made by Biotech will be made only upon the Conditions. Orders are accepted subject to the Conditions.
1.3 Any variation must be approved by an authorised Biotech employee and be in writing. Any quotation or estimate is given subject to the Conditions.
1.4 “The Contract” means any contract made between the parties that incorporates the Conditions.
2. Payment Terms
2.1 Terms of payment are 30 days from the date of invoice for account customers and immediate payment if you are not an account customer. In default Biotech shall be entitled without notice to the Purchaser (even if the Purchaser has a contract with a third party) to:
2.1.1 terminate any outstanding order or quotation;
2.1.2 withhold and/or suspend supplies; or
2.1.3 reduce the Purchaser’s credit limit.
2.2 Biotech shall also be entitled, at its discretion, to receive payment of any and all monies in respect of goods supplied whether these monies would ordinarily be due for payment at that time or not.
2.3 In addition, Biotech shall be entitled to charge the Purchaser interest on the amount unpaid at the rate of 8% above HSBC Bank Plc base rate until payment in full is made and the Purchaser will indemnify Arco in respect of all costs incurred by Biotech in recovering payment, including the cost of instructing solicitors.
2.4 No payment shall be deemed to have been received until Biotech has received cleared funds.
2.5 In the event that the Purchaser tenders payment by cheque and the cheque is subsequently returned by the Purchaser’s bankers unpaid, the Purchaser will also indemnify Biotech in respect of all resulting bank charges incurred by Biotech.
2.6 The Purchaser shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Purchaser has a valid court order requiring an amount equal to such deduction to be paid by Biotech to the Purchaser.
2.7 Biotech reserves the right to set off, deduct or discount any amounts due from Biotech under any other arrangement with the Purchaser against any monies due to Biotech under this Contract.
3. Prices
3.1 All prices displayed in both Biotech’s printed and online publications are subject to VAT where applicable.
3.2 Prices are correct at time of issue and are subject to change without prior notice.
3.3 The price charged to the Purchaser will be the prevailing price at the time of ordering.
4. Retention of Title
4.1 Although risk in the goods supplied passes to the Purchaser on delivery, legal title in such goods shall not pass to the Purchaser until Biotech has received in cleared funds the full price payable for such goods and all other goods supplied by Biotech to the Purchaser for which payment is then due.
4.2 Until legal title passes, the Purchaser shall hold the goods as Biotech’s fiduciary agent and bailee and shall keep them properly protected, insured and stored separately from any other goods (whether or not supplied by Biotech). Until that time the Purchaser is entitled to resell or use the goods in the ordinary course of its business but shall account to Biotech for the proceeds of sale and pending payment shall hold such proceeds on trust for Biotech absolutely.
4.3 The Purchaser’s right to resell or use the goods shall terminate automatically on the occurrence of any event set out in Condition 12 and/or if any sum owed to Biotech by the Purchaser is not paid when due.
4.4 Until such time as legal title in the goods passes to the Purchaser Biotech may at any time require the Purchaser, its liquidator, receiver or administrator to return the goods and/or may repossess the goods by entering upon any premises of the Purchaser or any third party where the goods are reasonably believed to be stored.
4.5 In addition and without prejudice to any other right or remedy available to Biotech, if the Purchaser is in breach of the payment terms or of any of its obligations under this condition, Biotech shall be entitled to:
4.5.1 cancel the Contract;
4.5.2 suspend further deliveries; or
4.5.3 terminate any outstanding order or quotation without incurring any liability whatsoever as a consequence of this action.
4.6 Biotech reserves the right at any time before title in the goods has passed to the Purchaser to require the Purchaser to deliver up the goods if any of the events specified in Condition 12 occurs.
5. Delivery
5.1 Terms and conditions for delivery are only applicable in the UK. For delivery outside the UK please contact Biotech’s export department.
5.2 Unless otherwise agreed delivery of the goods shall take place at the Purchaser’s place of business.
5.3 Where Biotech makes delivery of the goods to the Purchaser’s place of business or any other place as agreed in writing, all charges in relation to carriage, including, without limitation transport costs, insurance and unloading, will at Biotech’s option, be borne by the Purchaser.
5.4 If for any reason the Purchaser does not accept delivery of any of the goods when they are ready for delivery then the goods will be deemed to have been delivered, risk passing to the Purchaser (including for loss or damage caused by Biotech’s negligence) and Biotech may:
5.4.1 store the goods until actual delivery whereupon the Purchaser will be liable for all related costs and expenses (including without limitation storage and insurance); or
5.4.2 sell the goods at the best price readily obtainable and (after deduction of all reasonable storage and selling expenses) charge the Purchaser for any shortfall below the Contract price.
5.5 Biotech reserves the right to deliver in instalments and any failure to deliver one instalment will not entitle the Purchaser to terminate the Contract.
5.6 The quantity of any consignment of goods as recorded by Biotech upon despatch from Biotech’s place of business shall be conclusive evidence of the quantity received by the Purchaser on delivery unless the Purchaser can provide conclusive evidence proving the contrary.
5.7 Claims for shortages or damaged goods must be made in writing to Biotech within 3 days of receipt of the goods.
5.8 Claims for non delivery must be made to Biotech within 10 days of date of despatch shown on invoice.
6. Returns
6.1 Notwithstanding any other provision in the Contract, Biotech may at its option allow the Purchaser to return the goods upon the following conditions:
6.1.1 that the relevant goods are non-faulty;
6.1.2 that the relevant goods are goods that are ordinarily held in stock by Biotech’s;
6.1.3 that the Purchaser notifies Biotech within 10 days of delivery of its intention to return the goods;
6.1.4 that the goods are returned to Biotech within 15 days of delivery;
6.1.5 Biotech and the Purchaser shall agree whether the goods shall be delivered by the Purchaser to Biotech or collected by Biotech from the Purchaser;
6.1.6 that the goods are undamaged, in the original packaging, with all trademarks or other labelling intact and fully suitable for re-sale;
6.1.7 the Purchaser agrees to pay Biotech a 20% handling fee against the return of non-faulty standard goods.
6.2 Notwithstanding any other provision in the Contract, Biotech may from time to time at its sole option accept the return of non standard, non faulty goods upon separate rates, terms and conditions, to be agreed with the Purchaser in advance of any such return. Non standard goods are goods which are not ordinarily held in stock by Biotech.
6.3 All garments that have been embroidered or printed cannot be returned, unless faulty.
7. Quality
7.1 If Biotech establishes to it’s reasonable satisfaction that there is a defect in the goods or there is some other failure by Biotech in relation to the conformity of the goods with the Contract, then Biotech shall, at its option, at its sole discretion and within a reasonable time:
7.1.1 replace such goods with goods which are in all respects in accordance with the Contract; or
8.1.2 issue a credit note to the Purchaser in respect of the whole or part of the Contract price of such goods as appropriate having taken back such goods, subject, in every case, to the remaining provisions of this Condition provided that the liability of Biotech under this Condition shall in no event exceed the purchase price of such goods and performance of any one of the above options shall constitute an entire discharge of Biotech’s liability under this warranty.
7.2 This Condition shall not apply unless the Purchaser:
7.2.1 notifies Biotech of the alleged defect within 3 days of the time when the Purchaser discovers or ought to have discovered the defect;
7.2.2 allows Biotech to collect the relevant goods;
7.2.3 complies with any reasonable request or instruction from Biotech; and
7.2.4 affords Biotech a reasonable opportunity to inspect the relevant goods.
7.3 If Biotech elects to replace the goods pursuant to this Condition, Biotech shall deliver the replacement goods to the Purchaser at Biotech’s own expense at the address to which the defective goods were delivered and the legal title to the defective goods which are being replaced shall (if it has vested in the Purchaser) re vest in Biotech.
7.4 Biotech shall be under no liability under the warranty in this Condition:
7.4.1 in respect of any defect arising from wilful damage, negligence, abnormal storage conditions, failure to follow Biotech’s or the manufacturers instructions whichever is appropriate (whether oral or in writing);
7.4.2 if the total price for the goods has not been paid by the due date for payment;
7.4.3 in respect of any type of defect or damage specifically excluded by Biotech by notice in writing; or
7.4.4 if the Purchaser makes any further use of the goods after giving notice in accordance with this Condition.
7.5 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
8. Liability
8.1 Subject to Condition 7 above this Condition sets out the entire liability of Biotech (including any liability for the acts or omissions of its employees, agents and sub contractors) to the Purchaser in respect of:
8.1.1 any breach of the Conditions or the Contract;
8.1.2 any use made or resale by the Purchaser of any 01 2007 COS 942/943 17/7/07 10:43 Page 942 Conditions of Sale 943 of the goods, or any product incorporating any of the goods; and
8.1.3 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
8.2 Nothing in the Conditions excludes or limits the liability of Biotech for death or personal injury caused by Biotech’s negligence, or for fraudulent misrepresentation, or for fraud or under section 2(3), Consumer Protection Act 1987 or for any matter which it would be illegal for Biotech to exclude or attempt to exclude its liability.
8.3 Liability for any direct loss or damage which arises out of or in connection with the Contract shall be limited to the Contract value.
8.4 Biotech shall not be liable to the Purchaser for any indirect loss of profit, loss of business or depletion of goodwill or consequential loss or any claims for consequential compensation whatsoever which arise our of or in connection with the Contract.
9. Services
9.1 Any services which are subject to a separate fee and are to be performed by Biotech under the Contract are performed in accordance with Biotech’s terms and conditions of service. A copy of the terms and conditions of services are available upon request.
10. Safety and Product Recalls
10.1 The Purchaser shall comply at all times with the written instructions and all written guidelines issued from time to time attached to the goods concerning their storage and use and the Purchaser shall refer its employees and its customers to such instructions and guidelines.
10.2 The Purchaser should satisfy itself that the persons responsible for the storage and use of any goods supplied by Biotech have all the information required on health and safety and Biotech shall not be liable to the Purchaser in any civil proceedings brought by the Purchaser against Biotech in respect of a breach of the user instructions or any applicable health and safety legislation or any regulations, orders or directions made pursuant to such health and safety legislation in force from time to time or under any directive, regulation, order or other instrument relating to health and safety where such exclusion of liability is permitted by law.
10.3 The Purchaser shall keep Biotech properly informed of all complaints concerning the goods and shall comply with any directions of Biotech in any issues, proceedings or negotiations relating to such complaint.
10.4In the event of any recall of the goods by Biotech the Purchaser shall co-operate fully and promptly with any steps taken by Biotech under the Condition below.
10.5 Biotech may at its discretion recall any goods already sold by Biotech to the Purchaser, (whether for a refund or credit or for replacement of the goods which shall in each case be undertaken by Biotech) and/or issue any written or other notification to the Purchaser about the manner of use of any goods already sold by Biotech to the Purchaser. The Purchaser agrees to give all reasonable assistance to Biotech or the manufacturer in resisting any claim which may arise under any recall of product by Biotech or the manufacturer of such product.
11. Force Majeure
11.1 Biotech reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the goods ordered by the Purchaser (without liability to the Purchaser) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Biotech including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that, if the event in question continues for a continuous period in excess of 180 days, the Purchaser shall be entitled to give notice in writing to Biotech to terminate the Contract.
12. Termination
12.1 Biotech may, as it thinks fit, (without prejudice to any other rights or remedies it may have against the Purchaser) immediately suspend further performance of the Contract or cancel delivery of the goods or stop any goods in transit or by notice in writing to the Purchaser terminate the Contract without liability to Biotech if:
12.1.1 the Purchaser commits a material breach of any of its obligations under the Contract which is incapable of remedy;
12.1.2 the Purchaser fails to remedy a breach of its obligations under the Contract which is capable of remedy, or persists in any breach of any of its obligations under the Contract after having been requested in writing by Biotech to remedy or desist from such breach within a period of 14 days;
12.1.3 any distress execution or diligence is levied upon any of the Purchaser’s goods or property and is not paid out within 7 days of it being levied;
12.1.4 the Purchaser (being a partnership) or the Purchaser’s partner offers to make any arrangements with or for the benefit of the creditors of the Purchaser or the Purchaser’s partner generally or there is presented in relation to the Purchaser or the Purchaser’s partner a petition of bankruptcy;
12.1.5 the Purchaser (being a limited company) is deemed to be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or the Purchaser calls a meeting for the purpose of passing a resolution to wind up its company or such a resolution is passed or the Purchaser presents or has presented a petition to wind up or present or have presented a petition or appoint an administrator or have an administrative receiver or receiver appointed to the whole or any part of the Purchaser’s business, undertaking, property or assets;
12.1.6 the Purchaser ceases, or threatens to cease, to carry on business;
12.1.7 a secured lender to the Purchaser takes any steps to obtain possession of the property on which it has security or otherwise to enforce its security.
12.2 Notwithstanding any such termination or suspension in accordance with the above the Purchaser shall pay Biotech at the Contract rate all payments subsisting at the time of termination.
13. Product Information
13.1 Whilst Biotech has made every effort to ensure that details and information given in both our printed and online publications are accurate at the time of issue but Biotech gives no guarantees as to the accuracy or completeness of such information. Full technical specifications are not necessarily included and furthermore, Biotech’s policy is one of continuous improvement and the right is reserved to alter details and information at any time as the need arises.
13.2 Accordingly, the Purchaser should check any details and information they wish to rely on with Biotech at the time of purchase. Biotech accepts no liability in respect of any errors or omissions herein contained or for any loss or damage, malfunction or consequential loss arising from reliance upon our publications.
14. Biotech Disclaimer
14.1 Any products shown in both our printed or online publications do not represent endorsement by Biotech of any other products, services or organisations.
15. Colour Reproduction
15.1 The colour reproductions of the garments featured in both our printed or online publications are as accurate as the printing or electronic process will allow.
16. Data Protection
16.1 Biotech will at all times comply with its obligations under the Data Protection Act 1998.
16.2 Biotech may monitor and record telephone calls for the following purposes:
16.2.1 training;
16.2.2 quality and control; and
16.2.3 to confirm verbal instructions.
16.3 Biotech has and maintains privacy policies in respect of its website and its business activities generally.
17. Assignment
17.1 The Purchaser shall not be entitled to assign the Contract or any part of it without the prior written consent of Biotech.
17.2 Biotech may assign the Contract or any part of it to any person, firm or company.
18. General
18.1 Each right or remedy of Biotech under the Contract is without prejudice to any other right or remedy of Biotech whether under the Contract or not.
18.2 Each party agrees to keep secret and confidential all information obtained or disclosed as a result of the relationship of the parties under the Contract.
18.3 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
18.4 Failure or delay by Biotech in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
18.5 Any waiver by Biotech of any breach of, or any default under, any provision of the Contract by the Purchaser will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
18.6 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
18.7 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
19. All Rights Reserved
19.1 No part of any Biotech publication may be reproduced or transmitted in any form or by any means including photocopying and recording, without the written permission of the copyright holder, application for which should be addressed to the publisher.
19.2 Such written permission must be obtained before any part of this publication is stored in a retrieval system of any nature.
19.3 All prices are subject to VAT. All prices are subject to alteration without notice. Biotech reserve the right to amend the Conditions which are subject to confirmation at the time of application.
1st Biotech Limited,
PO Box 1158,
Maidstone ME14 9FE
Telephone: 0870 300 9554
Fax: 0870 300 9554
email: sales@1stbiotech.co.uk
online: www.1stbiotech.co.uk
Registered in England No.
Important Legal Notice
ATTENTION: This legal notice applies to the entire contents of this website under the domain name www.1stbiotech.co.uk (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website. This notice is issued by 1st Biotech Limited (Company).
1. Introduction
1.1 You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2. Licence
2.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
1. no documents or related graphics on this Website are modified in any way;
2. no graphics on this Website are used separately from accompanying text; and
3. the Company’s copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. Service Access
3.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.
3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
4. Visitor Material and Conduct
4.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.2 You are prohibited from posting or transmitting to or from this Website any material:
1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
2. for which you have not obtained all necessary licences and/or approvals; or
3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.
5. Links to and from other Websites
5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
1. you do not remove, distort or otherwise alter the size or appearance of Biotech logo;
2. you do not create a frame or any other browser or border environment around this Website;
3. you do not in any way imply that the Company is endorsing any products or services other than its own;
4. you do not misrepresent your relationship with the Company nor present any other false information about the Company;
5. you do not otherwise use any trade marks displayed on this Website without express written permission from the Company;
6. you do not link from a website that is not owned by you; and
7. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2.
6. Registration
6.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you.
7. Disclaimer
7.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
7.2 The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
8. Liability
8.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
8.2 Nothing in this legal notice shall exclude or limit the Company’s liability for:
1.death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
2.fraud; or
3.misrepresentation as to a fundamental matter; or
4.any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. Governing Law and Jurisdiction
9.1 This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.