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Terms and Conditions
Hesco Bastion Group Website
1. Interpretation
In these Conditions the following words and phrases shall have the following meanings:
‘Buyer’ the party that purchases Products from Hesco;
‘Buyer’s Related Parties’ the employees, agents, distributors, suppliers (other than Hesco), contractors or representatives of the Buyer and any of the Buyer’scustomers for the Products or end users;
‘Conditions’ the standard terms and conditions of sale set out in this document;
‘Contract’ the contract between the Buyer and Hesco for the supply of Products which form the Agreement between the Buyer and Hesco as stated in sub-condition 2.1;
‘Event of Force Majeure’ any cause beyond Hesco’s reasonable control;
‘Group Company’ a company that is a subsidiary of or an intermediate or the ultimate parent company of or an entity under the common control of an intermediate or the ultimate parent company of a party;
‘Hesco’ Hesco Bastion Limited a company incorporated under the laws of England and Wales with registered no. 2600319 whose registered office is Unit 41, Knowsthorpe Way, Cross Green Industrial Estate, Leeds LS9 0SW England or a subsidiary or affiliate of Hesco Bastion Limited (as the case may be);
‘Hesco’s Related Parties’ the employees, agents, distributors, suppliers, contractors or representatives of Hesco;
‘Intellectual Property’ all rights in relation to inventions, patents, designs (both registered and unregistered), copyright and related rights, database rights, service marks, business and domain names, moral rights, rights in confidential information (including know how and trade secrets) and trade marks together with all applications for, rights to the grant of and extensions of the same, and all other intellectual property including but not limited to all similar or analogous rights throughout the world, in each case for the full term of the relevant right;
‘Incoterms’ the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract ismade;
‘Local Regulations’ all laws and regulations applicable to or affecting the manufacture, sale, design, packaging or labelling of the Products in any relevant territory or geographical region;
‘Order’ any order of the Buyer which is accepted by Hesco in writing in respect of the sale of any Products;
‘Products’ the goods (including any instalment of the goods or any part of them) as set out in the Order;
‘Quotation’ any quotation of Hesco which forms part of an Order.
Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions, but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
2. Basis of the Sale
2.1 Hesco shall sell and the Buyer shall purchase the Products in accordance with an Order, subject to these Conditions, which shall create and form the Contract to the exclusion of any other terms and conditions, including without limitation, any purported oral agreements, any terms or conditions purported to beimposed or to be incorporated into the Quotation, Order or Contract by the Buyer or its
2.2 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Hesco.
In relation to:
a) any typographical, clerical or other error or omission in any Quotation, Order, invoice or price list, this shall be subject to correction without any liability on the part of Hesco or any of Hesco’s Related Parties.
b) any typographical, clerical or other error or omission in any sales literature or other documentation or information issued by Hesco, this shall be subject to correction without any liability on the part of Hesco or any of Hesco’s Related Parties.
3. Orders and Specifications
3.1 No Order or other request submitted by the Buyer shall be deemed to be accepted by Hesco and constitute a binding Order unless and until confirmed in writing by
3.2 The Buyer shall be responsible to Hesco for ensuring the accuracy of the terms of any Order (including without limitation, any applicable specification) submitted by the Buyer, and for giving Hesco any necessary information relating to the Products within a sufficient time to enable Hesco to perform the Contract in accordance with the terms of the Order.
3.3 Subject to sub-condition 0 above, the quantity, quality and description of and any specification for the Products shall be those set out in the Quotation or the Order.
3.4 Hesco reserves the right at any time and without notice to make any changes in the specification of the Products that are the subject of an Order:
a) where such changes are required to conform with any applicable safety or other legal requirements; and/or
b)provided that such changes do not materially affect the Products’ quality.
3.5 No Order may be cancelled by the Buyer except with the agreement in writing of Hesco and the Buyer shall indemnify Hesco in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges costs and expenses (including legal fees) incurred by Hesco as a result of
3. Price of the Products
4.1 The price of the Products shall be that as stated in the relevant Quotation or Order (as the case may be). All prices of the Products quoted by Hesco shallbe valid for the period set out in the relevant Quotation or Order or, in the absence of which, for thirty (30) days from the date of such Quotation or Order.
4.2 Hesco reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Products to reflect any increase in Hesco’s costs of production or supply which is due to:
a) any factor beyond the reasonable control of Hesco (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture);
b) any change in delivery dates, quantities or specifications for the Products which is requested by the Buyer; and/o
c) any delay caused by any instructions of the Buyer or failure of the Buyer to give Hesco adequate information or
4.3 Except as otherwise stated under the terms of any Quotation or Order (as the case may be), and unless otherwise agreed in writing between the Buyer and Hesco, all prices are given by Hesco on an ex works basis, and where Hesco agrees to deliver the Products otherwise than at Hesco’s premises, the Buyer shall be liable to pay all the charges for transport, packaging and insurance incurred by Hesco in such
4.4 The price of the Products is exclusive of any applicable duty, value added tax or other tax, which the Buyer shall be additionally liable to pay to Hesco.
4.5 All prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any Governmental Authority on any amounts payable by the Buyer. The Buyer shall be responsible for all such charges, costs and taxes; provided, that, the Buyer shall not be responsible for any taxes imposed on, or with respect to, Hesco’s income, revenues, gross receipts, personnel or real or personal property or other assets.
4.6 Where any taxable supply for VAT purposes is made under the Contract by Hesco to the Buyer, the Buyer shall, on receipt of a valid VAT invoice from Hesco, pay to Hesco such additional amounts in respect of VAT as are chargeable on the supply of Products at the same time as payment is due for the Products.
4.7 In relation to the containers in which the Products are delivered to the Buyer:
a) Hesco RAID Products will be delivered in a ‘containerised’ form and, as such, title to such containers shall pass to the Buyer along with title to those Hesco RAID Products; or
b) except as otherwise stated in any Quotation, Order or agreed by Hesco in writing, the Buyer will ensure that the Products are unloaded from the relevant containers in a timely manner and shall be liable for any costs, charges or expenses incurred by Hesco caused by any unreasonable delay of the Buyer or its agents in unloading such containers.
4.8 Except as set out in sub-condition 0 or as otherwise stated in any Quotation, Order or agreed by Hesco in writing, title to containers for the Products shall not pass to the Buyer and if the Buyer takes possession of, damages, destroys or disposes of any such containers, Hesco shall be entitled to charge the Buyer in respect of any costs, expenses or liabilities Hesco incurs as a result.
5. Terms of Payment
5.1 Subject to any special terms agreed in writing between the Buyer and Hesco, Hesco shall be entitled to invoice the Buyer for the price of the Products on or at any time after the formation of a Contract for the sale of Products.
5.2 Unless otherwise agreed, the Buyer shall pay the price of the Products in full prior to delivery of the Products. Receipts for payment will be issued only upon
5.3 If the Buyer fails to make any payment due under the Contract by the due date set out in the invoice then, without prejudice to any other right or remedy available to Hesco, Hesco shall be entitled to:
a) cancel the Contract or suspend any delivery to the Buyer of the Products and/or cancel or suspend delivery under any other contract between the Buyer and Hesco;
b) appropriate any payment made by the Buyer to such of the Products (or the Products supplied under any other contract between the Buyer and Hesco) as Hesco may think fit (notwithstanding any purported appropriation by the Buyer); and
c) charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of four per cent (4%) per annum above the Bank of England base lending rate from time to time accruing daily and compounded on the last business day of each month, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest), or, in the alternative, the highest rate permissible under applicable law, calculated daily and compounded monthly. The Buyer shall pay the interest together with the overdue amount. Buyer shall reimburse Hesco for all costs incurred in collecting any late payments, including, without limitation, legal fees.
5.4 The Buyer shall not be entitled by reason of any set-off, counterclaim, abatement or other similar deduction to withhold payment of any amounts due to
6. Delivery
6.1 Delivery of the Products shall be made by the Buyer collecting the Products at Hesco’s premises at any time after Hesco has notified the Buyer that theProducts are ready for collection or, if some other place for delivery is agreed in writing between the Buyer and Hesco, by Hesco delivering the Products to the third party (as selected or approved at the absolute discretion of Hesco) responsible for transporting the Products to such place.
6.2 Any dates quoted for delivery of the Products are approximate only and Hesco shall not be liable for any delay in delivery of the Products howsoever caused. Time for delivery shall not be of the essence.
6.3 Where the Products are to be delivered in instalments, each delivery shall constitute a separate contract and failure by Hesco to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the entire Contract as repudiated or cancel any other
6.4 The Buyer is responsible for inspecting the Products upon delivery and must inform Hesco in writing without delay of any non- conformance of such delivery with the relevant Quotation, Order or delivery note. The Buyer shall be deemed to have accepted the Products absent prompt notice in writing of non-conformance.
If the Buyer fails to accept or take delivery of the Products or fails to give Hesco adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of Hesco’s fault) then, without prejudice to any other right or remedy available to Hesco, Hesco may:
a) store the Products until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
b) re-sell the Products or otherwise dispose of the Products and charge the Buyer for all reasonable storage and selling expenses and any shortfall below the price of the Products under the Contract.
6.5 The Buyer (at its own cost) shall comply with any legislation or Local Regulations or other laws, rules and regulations governing the export importation of the Products and their use or re-sale in the country of destination (including, without limitation, obtaining any required licences or authorisations for those purposes) and shall be responsible for the cost of such compliance and for the payment of any customs, tariffs, duties or levies relating to such export, importation, use and/or re-sale
6.6 The Buyer shall be solely responsible for ensuring that the Products satisfy the Local Regulations.
7. Intellectual Property
7.1 The Buyer acknowledges and agrees that all Intellectual Property in respect of the Products shall remain vested in Hesco or its Group Companies. The supply of the Products shall not constitute an assignment or transfer to the Buyer (or any other party) of any right, title or interest in or to the Intellectual Property in relation to the Products and the Buyer shall not make any representation or do any act which may be taken to indicate that it has any right, title or interest in or to the Intellectual Property in relation to the Products.
7.2 The Buyer acknowledges Hesco’s rights to the trade marks used on or in relation to the Products and any goodwill arising in relation to use of those trade marks shall inure for Hesco’s sole The Buyer shall use the trade marks in accordance with any usage guidelines issued by Hesco from time to time and will not use any trade mark, trade names, get up or trade dress which resembles any of Hesco’s trade marks or which would be likely to confuse or to mislead the public or any sector of the public.
7.3 To the extent that the Products are to be manufactured in accordance with a specification supplied by the Buyer in accordance with sub-condition 3.2, the Buyer shall indemnify Hesco against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Hesco in connection with any claim made against Hesco for actual or alleged infringement of a third party’s Intellectual Property rights arising out of or in connection with Hesco’s use of the specification for the Products. This sub-condition 0 shall survive termination of the Contract.
7.4 The Buyer shall immediately (in no event, not longer than three business days) and in writing notify Hesco of:
a) any actual, threatened or suspected infringement of any of Hesco’s Intellectual Property of which the Buyer become aware; or
b) any claim by any third party of which it becomes aware that the importation, sale or use of the Products in the territory in which the Buyer intends to import, sell or use the Products infringes any rights of any other person.
7.5 The Buyer shall keep in strict confidence all technical or commercial know-how, specifications, inventions or processes which are of a confidential nature and have been disclosed to the Buyer by Hesco or Hesco’s Related Parties and any other confidential information concerning Hesco's business or itsproducts which the Buyer may obtain in the course of its dealings with Hesco, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and, whether or not marked, designated or otherwise identified as “confidential”. The Buyer may disclose such information to Buyer Related Parties provided that such information is not used for any purpose other than in connection with lawful use of the Products and that any Buyer Related Parties are subject to the same confidentiality obligations in relation to their use and must agree in writing to the same confidentiality/non-disclosure obligations. The Buyer may also disclose such information where it is compelled to so by order of a court or competent government authority, but the Buyer must provideHesco with reasonable prior notice of such disclosure so far as legally permitted. On Hesco’s reasonable written request, the Buyer will promptly return any materials incorporating such confidential information in its possession or under its control. Upon Hesco’s request, the Buyer shall immediately return all documents and other materials received from Hesco. Hesco shall be entitled to injunctive relief for any violation of these non-disclosure These non-disclosure obligations shall not apply to information that is: (a) in the public domain; (b) already known to the Buyer at the time of disclosure; (c) rightfully obtained by the Buyer from a third party. This sub-condition 0 shall survive termination of the Contract.
8. Risk and property
8.1 Risk of damage to or loss of the Products shall pass to the Buyer:
a) in the case of Products to be delivered at Hesco’s premises, when the Buyer (or a party on its behalf) collects the Products from Hesco’s premises; or
b) in all other cases, at the time of delivery or, if the Buyer fails to take delivery of the Products as agreed, at the time Hesco has tendered delivery of the Products.
8.2 Notwithstanding delivery and the passing of risk in the Products, or any other provision of these Conditions, ownership of the Products shall not pass to the Buyer until Hesco has received in cash or cleared funds payment in full of the price of:
a) the Products; and
b) any other products that Hesco has provided to the Buyer in respect of which payment has become due.
8.3 Until such time as ownership of the Products passes to the Buyer, the Buyer shall hold the Products as Hesco’s fiduciary agent and bailee, and shall keep the Products separate from those of the Buyer and third parties and properly stored, protected, insured for their full price on behalf of Hesco and identified as Hesco’s property. The Buyer shall not remove, deface, alter or obscure any trade marks or other identifying marks, packaging or documentation provided by Hesco in relation to the Products. Until that time the Buyer shall be entitled to resell or use the Products in the ordinary course of its business, but shall accountto Hesco for the proceeds of sale or otherwise of the Products, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
8.4 The Buyer will notify Hesco immediately if it becomes subject to or reasonably believes it is likely to become subject to any of the events specified in sub-condition 0 and until such time as ownership of the Products passes to the Buyer (and provided the Products are still in existence and have not been resold), without limiting any other right or remedy Hesco may have, Hesco shall be entitled at any time to require the Buyer to deliver up the Products to Hesco and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Products are stored and recover the Products.
8.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of Hesco, but if the Buyer does so all moneys owing by the Buyer to Hesco shall (without prejudice to any other right or remedy of Hesco) forthwith become due and payable.
9. Warranties for information provided
9.1 Any advice or recommendation regarding the storage, transportation, application, construction or use of the Products (the ‘Information’) given by Hesco or any of Hesco’s Related Parties to the Buyer or to any of the Buyer’s Related Parties are provided from sources that Hesco considers are reliable or are expressions of opinion. Whilst Hesco has made every effort to ensure the accuracy, completeness and appropriateness of the Information, the Information is provided ‘as is’ and Hesco shall not be liable, to the fullest extent legally permitted, on behalf of itself and any of Hesco’s Related Parties for any and all representations, warranties, terms and conditions (including, but not limited to, those relating to merchantability or fitness for a particular purpose), whether express or implied relating to the Information other than as expressly referred to in these Conditions.
9.2 The Buyer must satisfy itself that the Information provided by Hesco satisfies its
9.3 At the sole and absolute discretion of Hesco, the Information is subject to change at any time without notice to the Buyer.
10. Insolvency of Buyer
10.1 This condition 10 applies if:
a) the Buyer makes any voluntary arrangement with its creditors (other than in connection with a solvent reconstruction or amalgamation) or a petition is filed, resolution passed or order made for the Buyer’s winding-up or insolvency (or the Buyer suffers any analogous event in consequence of a debt);
b) the Buyer becomes subject to an administration order or goes into liquidation or an encumbrancer takes possession, or a receiver or administrative receiver is appointed, over any of the property or assets of the Buyer;
c) the Buyer ceases, or threatens to cease, to carry on business; or
d) Hesco reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
10.2 If sub-condition 0 applies then, without prejudice to any other right or remedy available to Hesco, Hesco shall be entitled to cancel the Contract without any liability to the Buyer, and if the Products have been delivered but not paid for, without prejudice to any other rights of Hesco, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
11. Warranty and Limitations and Exclusions applying to the Warranty
11.1 Hesco warrants that the Products shall be free from material defects in material or workmanship for a period of 24 (twenty four) months from the date of delivery from Hesco’s premises (‘warranty period‘), subject to the following pre-conditions:
a) the Products are used solely for their intended purpose;
b) the Buyer, and the Buyer’s Related Parties duly observe all instructions or guidance provided by Hesco or Hesco’s
Related Parties in relation to the Products or their assembly; and
c) the Products are assembled with due skill and care and under the guidance of suitably qualified engineering personnel, where appropriate.
11.2 Subject to sub-condition 0, if:
a) the Buyer gives notice in writing during the warranty period within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out in sub-condition 0;
b) Hesco is given reasonable opportunity of examining such Products;
c) Hesco verifies Buyer’s claim that the products are defective after such examination
Hesco shall, at its option, repair or replace the defective Products for collection by the Buyer (or on its behalf) ex-works from Hesco’s premises.
11.3 The Buyer accepts that its failure to observe any of sub-conditions 0 0 and 0 shall render the warranty set out in sub- condition 0 void and Hesco is notobliged to replace Products which are rendered defective as a result of improper assembly or misuse.
11.4 The warranty set out in sub-condition 0 does not apply in relation to wear and tear other than as a result of a defect in the Product.
11.5 Except as expressly provided for in sub-condition 0, any representations, warranties, terms or conditions as to quality, fitness for purpose, safety or durability of the Products (whether expressed or implied by law, course of dealing, trade custom or otherwise) are excluded to the fullest extent legally permitted. The Buyer also acknowledges that Hesco is not responsible for any action taken in relation to the Products (other than in accordance with Hesco’s instructions) and that the Buyer must rely on its own judgement when assessing whether or not the Products are appropriate for the Buyer’s (or any of the Buyers Related Party’s) intended use.
11.6 If Products are re-sold or hired by the Buyer to a third party Hesco will not accept any liability directly to any third party and will only be liable to the Buyer for any material defects in material or workmanship in accordance with sub-condition 1. The re-sale, hire, selection, configuration, assembly and use of any of the Products at site is not the responsibility of Hesco or any of Hesco’s Related Parties and, to the fullest extent permitted by law, Hesco and Hesco’s Related Parties shall not be liable for:
a) any failure of any of the Products caused by re-use, improper installation or misuse of the Products; or
b) wear and tear of the Products or any damage to the Products during storage of the Products; or
c) wear and tear of the Products or damage to the Products arising out of the use of the Products including but not limited to use of the Products for flood protection or use in harsh atmospheric conditions
11.7 The Buyer shall rely on its own expertise when assessing the effectiveness of the Products for its purpose. Without prejudice to the generality of the foregoing, Hesco does not recommend that the Products are re-used and any such re-use is entirely at the Buyer’s or end-user’s own
11.8 The terms of the warranty in this condition 11 are subject to the limitations and exclusions of liability in condition
12. Limitations and Exclusions of Liability
12.1 To the fullest extent legally permitted and subject to sub-contract 12.3:
a) Hesco shall not be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any: (i) loss of profit,revenue, savings, business, opportunity, depletion of goodwill or economic loss suffered by the Buyer, whether direct or indirect, or (ii) claims for indirect or consequential loss or damage (howsoever caused), which arise out of or in connection with the matters governed by the Contract or these Conditions; and
b) Hesco shall not be liable to the Buyer or be deemed to be in breach of the Contract or these Conditions by reason of any delay in performing, or any failureto perform, any of Hesco’s obligations in relation to the Products, if the delay or failure was due to an Event of Force Majeure.
12.2 Subject to sub-conditions 0 and 12.3 and without prejudice to sub-condition 1, to the fullest extent permitted by law, the total liability of Hesco (andHesco’s Related Parties) under or in connection with any Contract whether in contract, or in tort, (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the matters governed by these Conditions shall be limited to £100,000 (one hundred, thousand pounds sterling).
12.3 Nothing in these Conditions is intended to exclude or limit the liability of any party:
a) in respect of any liability which it would be illegal for that party to exclude or so limit under applicable law;
b) for death or personal injury caused by that party’s negligence; or
c) for fraud or fraudulent
12.4 Prior to supplying any of the Products to any Buyer’s Related Parties, the Buyer shall procure that the Buyer’s Related Parties are made aware of and are bound by the applicable terms, conditions, warranties, disclaimers, limitations and exclusions under these Conditions.
13. General
13.1 No waiver by Hesco 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.
13.2 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 Conditions and the remainder of the provision in question shall not be affected thereby.
13.3 Any Conditions, including without limitation, conditions 0, 11 and 0 which expressly or by implication continue to have effect after termination of a Contract shall continue in full force and effect.
13.4 These Conditions constitute the entire agreement and understanding of the parties in respect of the subject matter of the Contract and supersede any previous discussions, agreements, arrangements and understandings (whether written or oral) between the parties and their agents (or any of them) and all prior representations and expressions of opinion by any party (or its agent) to any other party (or its agent).
13.5 The Buyer and Hesco acknowledge and agree that in entering into the Contract they do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Contract or not) other than as expressly set out in these Conditions provided that nothing in this sub-condition 13.5 shall, however, operate to limit or exclude any right or liability arising out of fraud or fraudulent
13.6 The Buyer shall not without the prior written consent of Hesco assign, transfer, charge or deal in any other manner with the Contract or its rights under it or part of it, or purport to do any of the same, nor sub- contract to any party, nor appoint sub- agents or delegates to undertake, any or all of its obligations under the Contract. The Buyer accepts that Hesco may delegate all or any part of its performance of the Contract to a subcontractor provided that Hesco remains liable for that subcontractor’s performance hereunder.
13.7 The Buyer shall comply with all applicable laws, statutes, regulations and industry codes relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 and the US Foreign Corrupt Practices Act 1977 and any guidelines in relation anti-corruption as issued by Hesco from time to time (‘Relevant Requirements and Policies’).
13.8 The Buyer shall, if requested by Hesco, provide Hesco with any reasonable assistance to enable Hesco to perform any activity required by any relevantgovernment or agency in any relevant jurisdiction for the purpose of compliance with any of the Relevant Requirements and
13.9 The Buyer agrees to the processing of personal data received by Hesco relating to Buyer and the Buyer Related Parties in connection with the supply of Products under these Conditions.
13.10 Each party warrants to the other that it has the right, power and authority to enter into the Contract and has taken all action necessary to execute and deliver, and to exercise their rights and perform their obligations under these Conditions.
13.11 The Buyer warrants to Hesco on a continuing basis that entering into the Contract will not constitute a breach of any law applicable to the Buyer or the
13.12 The Contract is not intended to and shall not be construed to create any agency or joint venture or partnership between the parties.
13.13 No term of the Contract shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
13.14 Any notice required to be given pursuant to the Contract shall be in writing and shall be given by delivering the notice by hand at, or by sending the same by prepaid first class post (or by airmail if to an address outside the country of posting) or by email to the address or email address of the relevant party set out in the Contract or such other address as either party notifies to the other from time to time. Any notice given according to the above procedure shall be deemed to have been given at the time of delivery (if delivered by hand) and when received (if sent by post or email). Hesco’s address for service is Unit 41 Knowsthorpe Way, Cross Green Industrial Estate, Leeds, LS9 0SW England. All notices sent by email shall be deemed to have been given in writing upon acknowledgement of receipt thereof in
13.15 The Contract and these Conditions and all matters arising out of or relating to the agreement between the Buyer and Hesco shall be governed by and construed in accordance with English law and each party hereby irrevocably submits to the exclusive jurisdiction of the English Courts. The United Nations Convention on the International Sale of Goods shall not apply to these Conditions.
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