In this document, the following words shall have the following meanings
Customer: the person or firm who purchases the Goods from the Supplier.
Supplier: Timber Composite Doors: a trading name of GFD Trading LTD
Supplier’s Website: https://www.timbercompositedoors.com
Business Day: Timber Composite Doors is a 24/7 online business with formal office hours of Monday to Friday 9.00 am -5.00 pm
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 17.2
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions as defined in Clause 3
GFD: a private company limited by shares incorporated on 21 January 2008 registered in England and Wales with company registration number 06472986
Goods: means the door and/or other articles specified in the Order Summary
Order /Order Summary: the Customer's order for the Goods, as set out in the Customer's online purchase order form (as submitted on the Supplier’s Website) or as communicated to the Supplier by phone or email. Although it is anticipated that all transactions will be completed by online means where reference is made to “in writing” this shall be deemed to include letters and emails
Delivery Location: the delivery location as notified to the Supplier by the Customer in the Order.
End-User: a person or organisation that buys the Goods from the Customer for the purpose of using the Goods at End User Premises.
End-User Premises: the location at which the End User installs the Goods.
Force Majeure Event: an event or circumstance beyond a party's reasonable control.
Warranty Period: The period of warranty of individual components see Clause 7
These terms and conditions apply to the use of this Website and by accessing our Website and/or placing an order over the telephone through our Sales Team; you agree to be bound by the terms and conditions for use of this website see separate document https://www.timbercompositedoors.com/terms-and-conditions
A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
Any phrase introduced by the terms including include, in particular, or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2.2 In accordance with English and Welsh law for the purposes of these Terms and Conditions the customer is a consumer and there are a number of warranties implied into the Contract of sale and supply of the Goods and Services which cannot by law be restricted or excluded. It is important for the Customer to know that nothing in these Terms and Conditions shall affect these and the other statutory rights that the Customer has as a Consumer.
2.3 Any omission or error in any Web page content, sales literature, pricing policy, Order Summary, and /or acknowledgement, dispatch note, invoice or any other document issued by the Supplier may be corrected by the Supplier without liability.
2.4 The Timber Composite Doors website is intended for the supply of Goods to those Customers in the United Kingdom and, for the avoidance of doubt, any buyer outside of the UK must first contact the Company to determine costs in respect of delivery of goods and any additional terms and conditions of supply.
3. Basis of contract
3.1 Entire agreement.
3.1.1 This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
3.1.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
3.2 Assignment and other dealings
3.2.1 The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
3.2.2 The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.
3.3 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer accepts responsibility for ensuring that the details and specifications of the Order are complete and accurate.
3.4 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence.
The confirmation of the Order will be conveyed to the Customer by email which will –
Include a copy of the customer order which will include a detailed specification of the selected product, plus a listing of any order amendments already requested and agreed upon.
This email confirmation details our interpretation of your requirements. If any details are incorrect you must reply to this email and detail any required changes within 24 hours. Amends cannot be accepted over the phone. It is the responsibility of the customer to ensure all details on this confirmation are correct. GFD Trading LTD will accept no liability for order errors or subsequent costs if this request is not met.
Include a notification from ourselves to the customer that “by proceeding with this order you are agreeing to our terms and conditions” (the Terms and Conditions all as stated in this document).
All Customer transactions will be filed and maintained in electronic or paper copy for record purposes.
The Customer may not cancel any Contract or obtain a refund, for any Goods made in accordance with their specification, custom-made or personalised to the Customer’s order.
3.5 Any samples, drawings, descriptive matter or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier's marketing documents or on the Supplier’s Website are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force.
3.6 A quotation for the Goods given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of twenty (20) Business Days from its date of issue or until the formal withdrawal of the quotation, whichever is the sooner.
3.7 No variation to these Terms and Conditions shall be binding unless agreed in writing by the Supplier.
4. The Goods
4.1 Goods are described in the Supplier's marketing documents and Supplier’s Website and are subject to availability.
4.2 The Supplier reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.
4.3 Where any issue may arise preventing the Supplier (or their goods manufacturer/supplier) to delivering the goods ordered and paid for by the Customer, the Supplier may, at its discretion, contact the customer and offer to supply or deliver a substituted product or offer a refund to the Customer of the price paid for such Goods, in the case of an account customer an appropriate credit will be raised in respect of the unavailable goods.
4.4 As all goods are in the first instances procured by the Supplier from the manufacturer there may be slight differences in colour and finish of multiple products, the Supplier can accept no responsibility for such deference but will endeavour to ensure that where a customer orders multiple products of the same specification they are the best match available.
5. Price and Payment
5.1 The price of the Goods shall be the price set out on the Suppliers web site and confirmed in the Order Summary and is inclusive of VAT, (plus any additions for insurance or carriage as may be required - which will be outlined in the Order Summary if no price is quoted, the price shall be as set out in the Supplier's marketing documents or displayed on the Supplier’s Website in force as at the date of delivery.
5.2 The Supplier may, by giving notice to the Customer at any time up to twenty (20) Business Days before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
5.2.1 any factor beyond the Supplier's control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
5.2.2 any request by the Customer to change the delivery date(s), quantities or types of Goods ordered; or
5.2.3 any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.
5.3 The Customer will provide accurate payment details to the Supplier at the time the Customer places an order. Payment shall be made, in one of the following ways:
5.3.1 by credit card or debit card operated by the Supplier’s third-party provider Sage Pay; or
5.3.2 by successfully applying to the Novuna Personal Finance Scheme (the “Scheme”). The Customer may apply to the Scheme to pay for the Goods and/or Services by filling in a form at the point of order. Novuna Personal Finance will notify the Customer if the Customer has successfully applied to the Scheme. For more information about the Novuna Personal Finance Scheme please click here https://www.timbercompositedoors.com/finance
6.1 The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note/delivery confirmation “e” mail that shows the date of the Order, the contract number, all relevant Customer and Supplier reference numbers and the type and quantity of the Goods (including the code number of the Goods, where applicable). The customer or their representative will be required to sign a “delivery acceptance note” confirming that the Goods and all components thereof have been received in total as described and that all such Goods/components are in good working order.
6.2 The date of delivery as specified by the Supplier is an estimate only and delivery shall not be deemed “of the essence of the contract” and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods. The delivery will be confirmed by an email from the supplier. Please note we cannot give exact times or contact the driver for updates.
Please ensure that you have able people available at the time of delivery who can assist the driver in unloading your product(s). Bi-folds are particularly heavy and are delivered in most cases as a complete unit, so we advise at least one person per door leaf required to assist. If there is not adequate assistance for the driver the goods will be returned and a re-delivery will be arranged at your cost. If you are unable to arrange help for the driver you must notify the office immediately.
6.3 The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready.
6.4 Delivery of all goods will be by the Suppliers nominated Carrier, and delivery is completed on the completion of the unloading of the Goods at the Delivery Location the Customer is responsible for checking all goods and must notify the Supplier immediately of any discrepancies as to the order.
6.5 The Supplier shall not be liable for any delay in delivery of the Goods that is caused by Customer's failure to provide the Supplier / Carrier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
Please note that deliveries could be made on a wagon of up to 18 tonnes capacity, so we need to be made aware of any parking or access restrictions in advance of your delivery. This includes, but is not limited to narrow country or farm lanes low bridges built-up/restricted access areas permit on parking zones Failure to notify us of any delivery restrictions could prevent us from a successful delivery and will incur a re-delivery charge. The contact for our orders team is email@example.com
6.5.1 Timber Composite Doors cannot accept any claim for any late deliveries as a result of problems experienced by the Carriers – specifically road/traffic conditions
6.5.2 Where the customer specifies a “safe” / “designated” place (i.e. neighbour) etc for leaving any delivery in their absence, it is the customer's responsibility to ensure that all information that they provide is accurate and their chosen “safe” / “designated “place is both safe and secure
6.5.3 Timber Composite Doors accept no responsibility for any loss or damage to goods or the components thereof resulting from the customer's failure to comply with this request – examples of such loss /damage would also include but not be limited to – Keys left with a neighbour and any subsequent security risk Packages left on-site and stolen Accidental removal of packages by a third party (i.e. left by a wheelie bin on collection day)
6.6 The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event
6.7 In the event the Customer has not received the Goods within 24 hours of the anticipated date of delivery, the Customer must notify the Supplier immediately.
6.8 If the Customer fails to take delivery of the Goods within three working days of the Supplier attempting to deliver the goods or notifying the Customer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Supplier's failure to comply with its obligations under the Contract: the Supplier shall store the Goods until notified by the customer of any alternative delivery arrangements, and reserve the option to charge the Customer for all related costs and expenses (including insurance).
6.9 Should the Customer fail to take delivery of the Goods within ten working days of the Supplier attempting to deliver the goods or notifying the Customer that the Goods are ready, the Supplier shall deem the Order to be cancelled by the customer and may resell or otherwise dispose of part or all of the Goods and deduce its gross costs of doing so from the net proceeds of such disposal.
6.10 Under no circumstances should any items be fitted if they are damaged. Once the product is fitted any replacement parts will be chargeable.
Customers are expected to receive the goods against the delivery document presented by the driver and pay special attention to the number of items, packs, boxes and glass units received. In the event of any shortages please identify them clearly on the delivery note and advise the office immediately. Any glass breakages must be notified at the time of delivery and shown on the paperwork.
Within 24 hours of delivery and/or prior to installation (whichever is the sooner) you must remove the packaging and thoroughly inspect the product advising us promptly of any of the following: Surface scratches on the glass. Any dents in window or door products that are more than 20mm in length. Any scratches on window or door products that are more than 20mm in length. Any scratches on window or door products that break through the painted finish and expose the aluminium material beneath. Check the contents of site boxes against the packing list on the box. Check ancillary packs (cills, add-ons etc) for any damage more than 20mm in length. Windows or doors with minor scratches or damage less than 20mm in length that do not expose aluminium and are reported prior to installation will be replaced as soon as possible but we cannot accept claims for costs associated with any installation delays. Wherever practical we will replace the damaged component and not necessarily the entire product.
Glass units with marks or faults inside the unit which are identified after installation will be replaced on condition that they are reported within five days of delivery and fall outside of the Glass and Glazing Federation inspection quality criteria.
Any claims resulting from damaged goods must be accompanied by a close up digital photograph of the damage and a wide-angle photograph of the full product at fault.
Please send all photos and claim requests too firstname.lastname@example.org
If any manufacturing/installation issues are encountered whilst on site please contact us.
NOTE – WHERE A CUSTOMER ORDERS / REQUESTS ADDITIONAL KEYS TO ENSURE THE SECURITY OF THE CUSTOMER THE FOLLOWING PROCEDURE APPLIES –
The initial customer order is placed with Timber Composite Doors – we shall in the case of Ultion locks pass this information to Brisant (our key code supplier and the holder of the algorithms that allow for the individuality of keys cut) Brisant shall in turn mail the customer to confirm that the order is genuine and is the request of the customer/ designated key owner, only upon receipt of such confirmation will the new keys be cut.
Any delay on the part of the customer in responding to Brisant may result in a delay in the delivery date of the requested keys – as Timber Composite Doors have no control /input into the information provided to Brisant by the customer they can accept no responsibility for any subsequent delay in delivery of the keys not ordered at the time the order is made
7. Quality / Warranty
7.1 The Supplier warrants that the Goods will at the time of delivery and for a period of 10 years (except for the Darkwood and Oak finish which will be 5 years) after delivery (save in respect of glass, hardware, furniture and locks within the Goods which is warranted for 5 years from delivery and, if applicable, the Key Free/smart handle, which is warranted for 12 months from the date of delivery) shall. 7.1.1 conform in all material respect with their on the Supplier’s Website; 7.1.2 be free from material defects in design, material and workmanship; 7.1.3 be of satisfactory quality (within the meaning of the Consumer Rights Act 2015 7.1.4 be fit for any purpose as advertised by the Supplier.
7.2 Provided the Customer gives notice in writing to the Supplier during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 7.1; and the Supplier is given a reasonable opportunity of examining such Goods, and the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier's place of business at the Customer's cost Subject to clause 8.3, the Supplier undertakes (at its option) to:
7.2.1 Replace or repair free of charge any Goods (or part of the Goods) found to be defective due to faulty parts, materials or workmanship within the warranty period noted in clause 7.1; or
7.2.2 Refund the price of any Goods (or part of the Goods) found to be defective due to faulty parts, materials or workmanship within the warranty period noted in clause 7.1 7.2.3 The Supplier shall have no further liability to the Customer in respect of the defective Goods other than as stated in clauses 7.2.1 and 7.2.2
7.2.4 The supplier shall not be liable for any loss, costs or third party costs as a result of a warranty claim.
7.3 There are certain conditions that may invalidate the warranty given under the Contract. These are where the defect in the Goods arises out of:
7.3.1 Incorrect installation arranged by the Customer (or any third party who is not the Supplier) through a third party not approved by us;
7.3.2 Use of the Goods otherwise than in accordance with any instruction manuals provided by the Supplier with the Goods;
7.3.3 unauthorised repair or modification of the Goods;
7.3.4 Use of the Goods otherwise than under normal domestic conditions within the United Kingdom; and
7.3.5 the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
7.3.6 the Customer makes any further use of such Goods after giving notice in accordance with clause 7.2;
7.3.7 Fair wear and tear wilful damage, negligence, or abnormal storage or working conditions;
7.3.8 All Warranties /guarantees will be deemed void where the customer or any third party he may have so directed has attempted any alteration / remedial works to the product/frame without prior discussion with the Supplier
Where any maintenance /remedial work is required we would recommend the customer review and carry out such remedial activities as are required in accordance with the “Care of your product ” documentation which is included with the original product delivery. The Supplier reserves the right to revise this advice and review individual cases on merit where the customer may have medical or similar reasons which prevent them from carrying out such actions themselves.
7.4 Except as provided in this clause 7, the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 7.1 above.
7.5 The terms implied by the Consumer Rights Act are, to the fullest extent permitted by law, excluded from the Contract.
7.6 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
8. Title and Risk
8.1 The risk in the Goods shall pass to the Customer on completion of delivery.
8.2 Title in the Goods shall not pass to the customer until completion of the following Payment in full for the goods and any associated charges – Signing of a “Satisfaction release note” and returning the same to Timber Composite Doors either by handing to the driver or returning to Timber Composite Doors s by mail or post.
8.3 Until title to the Goods has passed to the Customer, where the goods are held as stock items by the Supplier shall:
8.3.1 hold the goods for a maximum of 14 days on behalf of the Customer;
8.3.2 store the Goods independently from all other goods held by the Supplier so that they remain readily identifiable as the Customers property;
8.3.3 not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
8.3.4 maintain the Goods in satisfactory condition and keep them insured against all risks for their full price until the date for delivery;
8.3.5 notify the Customer immediately if it (the Supplier) becomes subject to any of the events listed in clause 12.1
9. Limitation of Liability
9.1 Where the Customer has notified the Supplier of a problem with the Goods within 30 days of delivery, the Supplier will (subject to clause 6 and at the Supplier’s ultimate discretion) either make good any shortage or non-delivery; replace or repair any Goods that are damaged or defective upon delivery; or refund to the Customer the amount paid by the Customer for the Goods in question.
9.2 The Supplier shall have no liability to pay any money to the Customer by way of compensation other than any refund the Supplier makes under these Terms and Conditions whereby the Supplier’s total liability to the Customer in respect of any losses arising under or in connection with this agreement shall not exceed the price of the Order.
9.3 Nothing in these Conditions shall limit or exclude the Supplier's liability for:
9.3.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
9.3.2 fraud or fraudulent misrepresentation;
9.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
9.3.4 defective products under the Consumer Protection Act 1987; or
9.3.5 any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
9.4 Subject to clause 9.3:
9.4.1 the Supplier shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
9.4.2. the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 120% of the price of the Goods.
9.5 Goods are intended for use in the UK only and the Supplier cannot confirm that the Goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the Goods
10. Force Majeure / Delay or Failure to perform
10.1 Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from a Force Majeure Event. For example, but not limited to acts of God, war, strikes, lockouts, flood, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, resulting in the failure of third parties to deliver Goods in such circumstances the Supplier shall be relieved of its obligations and liabilities under such agreement for as long as such fulfilment is prevented.
10.2 If the period of delay or non-performance continues for three (3) weeks, the party (customer) not affected may terminate this Contract by giving one (1) week written notice to the affected party.
11.1 As the majority of products (doors) are bespoke and are manufactured in accordance with the customer's instructions, any notification to Timber Composite Doors intended cancellation is a circumstance where “time is of the essence “as in the majority of cases manufacture of the product commences within a maximum of 1 working day of placing of the order ie If cancellation is requested at any point up to 1 day after placing of the order AND MANUFACTURE OF THE PRODUCT HAS COMMENCED, there can be no refund of any monies paid except in exceptional circumstances which will be at the discretion of the supplier.
In order to cancel your order, we require you to confirm immediately in writing by forwarding the required cancellation notification to us at GFD Ltd, Teesview, Sabatier Close, Stockton-on-Tees, TS17 6EW or email us at email@example.com
Please reference your surname and postcode in all correspondence.
11.2 The only circumstance under which The Supplier will consider a refund for cancellation is one where Timber Composite Doors are for any logistical reason unable to manufacture the product i.e Force Majeure as described in clause 10
Note this does not include erroneous information or changes of choice on the part of the Customer, which, if not notified before manufacture has commenced, in which case there will be no refund.
11.3 Where a customer notifies The Supplier of a cancellation within the prescribed time and before manufacture has commenced, such cancellation will be subject to the noted conditions in respect of any applicable refund: 11.3.1 If the customer erroneously orders a standard door and wishes to cancel as a fire door is required the cost of the original door will be offset against the fire door 11.3.2 If the customer lives in a conservation area and has innocently or otherwise proceeded with the order – there will be no refund of the cost of the door should any third party at some later stage object to the installation.
11.4 Where a customer places an order for a product and subsequently after manufacture has commenced discovers/is advised of any constructional issue that will prevent /delay the installation by a third party for example but limited to – 11.4.1 the absence of a lintel 11.4.2 the presence of electrical wires, gas or water pipes that require repositioning
Subject to the payment of an agreed management/handling/storage fee, request that the product be held pending delivery – the maximum allowed time for such delayed delivery will be by agreement – should the customer default on this agreement there will be no refund of the original cost and the supplier will treat the product as a stock item to be offered for third party sale.
12.1 The Supplier may suspend further supply or delivery, stop any Goods in transit or terminate the contract by notice in writing to the Customer if the Customer is in breach of an obligation hereunder or the Customer becomes unable to pay its debts when they fall due or proceedings are commenced by or against the Customer alleging bankruptcy or insolvency.
12.2 Upon termination, the Customer’s indebtedness to the Supplier becomes immediately due and payable and the Supplier shall be under no further obligation to supply Goods.
13.1 Any request for compensation must be made in writing to The Supplier for management to consider. The Supplier will make every endeavour to liaise with the customer to ensure that their new product is delivered in as timely a manner and with the least inconvenience to the customer as is possible, we do however appreciate that this is not always possible and we must regrettably advise that we will not compensate for any of the following:
- Losses incurred due to a missed/late appointment
- Losses incurred due to time off work or use of holiday pay (including any remedial appointments)
- Appointments that are cancelled on the day of installation due to illness, product damage or manufacturers errors
- Failed or delayed delivery times, or longer lead times than advised
- Labour costs incurred by a third party
13.2 In the unlikely event a customer should make a compensation claim, and should a compensation gesture be authorised this will be credited back to the customer’s card
14. Disputes and unresolved complaints
14.1 Should any customer experience any issues, shortcomings or defects with regard to the Product supplied by GFD or any of its subsidiaries we require that formal notification of such complaint is immediately addressed in writing to GFD Ltd, Teesview, Sabatier Close, Stockton-on-Tees, TS17 6EW or email us at firstname.lastname@example.org
Please reference your surname and postcode in all correspondence.
In order to allow the problem to be considered, we would request that the accompanying documentation contains as a minimum – A full description as to the nature of the problem Where possible photographic evidence of the problem.
14.2 The Supplier will endeavour to assess and respond to the complaint within a period of 2 weeks.
14.3 In the unlikely event that any complaint is not resolved, it is suggested that the parties shall submit the Dispute to a neutral adviser appointed by agreement between the parties to assist them in resolving the Dispute. Either party may give written notice to the other describing the nature of the Dispute, requiring the Dispute to be submitted to such a neutral adviser and proposing the names of up to 3 suitable persons to be appointed (a Dispute Notice). If no such person is appointed by agreement between the parties within 14 days after the Dispute Notice is given (or, if no such notice is given, within 28 days after the Dispute has arisen), either party may request the President of the Civil Mediation Council to appoint a neutral adviser
15. Call Recording
15.1 The Customer acknowledges and accepts that as a part of the Suppliers Quality Procedures all telephone calls are recorded for purposes of record, quality and training
16. General conditions
No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract
16.3 Third party rights.
No one other than a party to this Contract and their permitted assignees shall have any right to enforce any of its terms.
16.4 Governing law.
The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.