Terms of Sale and Conditions
This page together with the documents expressly referred to on it tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (www.outhounds.com) to you. Please read these Terms carefully and make sure that you understand them, before ordering any Products. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
You should print a copy of these Terms or save them to your computer for future reference.
OutHounds Ltd reserves the right to change the terms and conditions of this Site and will update the terms and conditions from time to time. Please review these terms and conditions on a regular basis. Your continued use of this Site deems that you have accepted any changes posted.
We do not guarantee the accuracy of this Site, but take reasonable care to ensure that all of the information which is published is accurate when it is posted to the Site. We advise that You verify the accuracy of any information You intend to rely upon before acting upon it.
Please note that changes may take place on the Site at any time without notice.
We offer no warranty, neither express or implied in respect of the operation, accuracy of the information or the products or services referred to on the Site ( in so far as such warranties may be excluded under law. ) We shall not be liable for any losses or damage that may result from the use of the web Site, as a consequence of its use by You, in respect of inaccuracies, omissions from any information contained on it.
We may offer access to other sites via a Hyperlink, we are not responsible and do not accept any responsibility for the content of any third party site which You may have accessed from this Site. We cannot be held responsible for any loss or damage, how so ever caused , as a result of your use of any other site visited.
To the maximum extent permitted by law, OutHounds Ltd disclaims any implied warranties with regard to the information, services and materials contained on this site. All such information, services and materials are provided “as is” and “ as available “ without warranty of any kind.
Definitions
Authorised Officer : A director of the Company
Conditions : The Terms and Conditions set out in this document, which may be amended from time to time.
Contract : The Contract between the Customer “You” “ Your/s” and OutHounds Ltd “Us” and “We” for the sale of goods in accordance with these conditions.
Contract Sum : The price quoted by the Company for the Goods and/or Services specified and it shall only apply to orders for those quantities or those Services without alteration or amendment.
Company : OutHounds Limited. Registered in England & Wales No. 10752516 at Preswylfa, Llanfechain, Powys, SY22 6UQ.-”The Company” ”We”
The Customer : The person, firm or company including any legal entity, placing an order or otherwise dealing with the Company - “You” “ Your/s”
End User : Any third party by whom the Customer is engaged
Goods : The goods that we are selling to you as set out in the Order Acknowledgement.
Order : The Order by You for the Goods as shown on the Order Acknowledgement. The Order may contain specifications including plans and drawings supplied by You and agreed in writing by Us.
Order Acknowledgment : Quote Confirmation / Receipt
The Parties : Together the Company and the Customer “You” “Us” “We”
Services : The services that We are proving to You as set out in the Order.
Supplier : OutHounds Ltd “Us”or “We” or any such sub-contractor as may be appointed by “Us”
The Terms : The terms and conditions as set out in this document, these terms and conditions which shall apply to all contracts between the Parties which shall supersede and override any other terms proposed or stipulated by the Customer regardless of when those terms are proposed or stipulated.
Working Day : Any day that is not a Saturday or Sunday, Christmas Day, Good Friday or any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the UK where the company is registered
The Terms
1.1. These terms shall be interpreted according to the following provisions and terms:
1.1.1. A person includes a natural person, corporate or unincorporated body or legal entity (Whether a separate legal entity or not)
1.1.2. A reference to a party includes its personal representatives, successors or permitted assigns;
1.1.3. A reference to a statute or statutory provision is a reference to such statute or statutory 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; and
1.1.4. Any phrase introduced by these Terms including any similar expression shall be construed as illustrative and shall not limit the sense of any words preceding where these Terms are used in this document.
1.1.5. Any word which refers to the singular also has the same meaning as the plural, any word which refers to a gender has the meaning or either gender.
1.1.6. Any phrase which contains the word , including, include, in particular or similar des nit limit the meaning or sense of the word or sentence preceding it.
2 The Contract
2.1. All orders are accepted by the Company under these Terms and may not be altered except with the written agreement of a director of the Company. Any contrary or additional terms are excluded unless so agreed so that these terms shall govern the entire agreement between the parties and shall supersede any prior agreements, understandings, prior dealing, custom and practice or arrangements between the Parties The Customer shall not be entitled to rely on any statement, promise or representation made or given by the Company which is not set out, in writing, in this Contract.
2.2. Placing of an order by the Customer or Our written acceptance of an Order or any act which is consistent with fulfilling the Order shall constitute unqualified acceptance of these Terms by You.
2.3. Quotations and estimates do not constitute offers and shall lapse on expiry of the stated period or, if no such period is stated, 30 Working Days from the date of the quotation or estimate. The Company reserves its right to withdraw or revise a quotation or estimate at any time before accepting an order.
2.4. The Company’s acceptance of an order shall become an effective contract where the Company’s Order Acknowledgment is received by the Customer and the quantity and description of the Goods or Services shall be as set out in the Order Acknowledgment.
2.5. Except where the Contract provides that the Company will undertake design work, the Customer shall be responsible for ensuring the accuracy and completeness of any order including quantities, any delivery dates and applicable design, drawing dimensions, measurements, weights or specifications provided by the Customer and for giving the Company any necessary information relating to the Goods or Services within a sufficient time to enable the Company to perform the Contract in accordance with its Terms. If the Customer fails to notify the Company of any error within forty eight (48) hours of receipt of the order specification the Company accepts no responsibility for any losses or delays incurred by the Customer.
2.6. The Company may make changes to the specification of the Goods or Services necessary to conform to any applicable statutory, regulatory or EU requirements or where Goods or Services are supplied to the Company’s specification which do not materially affect their quality or performance.
2.7. The Contract or any part of it may be extended, delayed or cancelled only with the written agreement of a director of the Company. If an order is extended, delayed or cancelled by the Customer whether or not with the agreement of the Company the Customer will indemnify the Company against all losses, damages, costs and expenses that the Company incurs as a result of the extension, delay or cancellation including but not limited to the cost of any material, plant or tools used or allocated to the Contract, the cost of storage, the cost of labour and other overheads including a percentage of anticipated profit on the Contract and the Company reserves the right to resell the Goods without notice to the Customer. Such storage costs shall be identified at the rate of a minimum £100.00 per week this cost is not inclusive of any other costs which may be incurred.
2.8. All of these terms shall apply to the supply of both Goods and Services except where application to one or the other is specified.
3. Price
3.1. The Company’s quotation and price are exclusive of VAT which will be added at the applicable rate. The Company shall be entitled to adjust the price of the Goods or Services or the delivery thereof as at the time of delivery or performance by such amount as may be necessary to cover any increases in taxes or duties;
3.2. Any increase sustained by the Company after the date of acceptance of the order in any direct or indirect costs of making, obtaining, handling or supplying the Goods or Services; and/or any costs and expenses howsoever arising which result from the Customer’s failure to comply with any of its obligations under these Terms or any change in the Customer’s instructions to the Company shall be charged to You. Such increase will be notified to You by Us as soon as We are informed by Our Supplier or any other Party.
4. Payment
4.1. Prior to the Company’s acceptance of a Customer’s Order deposit will be payable to the Company. The amount of the deposit will be 75% of the Contract Sum unless otherwise stated in the Order Acknowledgement.
4.2. Unless a director of the Company has agreed in writing to grant the Customer credit, the balance of the Contract Sum must be paid, in full, upon delivery of the Goods or Performance of the Services.
4.3. The time for payment is of the essence of the Contract. The Company will be entitled to suspend the provision of Goods and/or Services where any sums are overdue under any contract between the Parties until all such amount have been received as clear funds by the Company.
4.4. The Customer may not withhold payment of any invoice or other amount due to the Company by reason of any right of set off or counterclaim which the Customer may allege to have.
4.5. Any amount that is outstanding to the company under the Contract the Company will be able to recover these sums as a debt due and owing to the Company. The Company will be able to claim interest at the rate of 5% above the Bank of England Base rate which prevails on the date upon which payment was due to be made to the Company. Such interest will be added to any overdue account on a daily basis and the account shall not be deemed “Paid in Full” until all outstanding sums are paid with cleared funds.
4.6. The Company may require that the Customer immediately returns all goods as title has not yet passed to the Customer by virtue of Clause 7 of these Terms. The Customer agrees to reimburse the Company for all costs and expenses incurred with the recovery of Goods on demand by the Company. Such costs will include, but not exclusively, transport, carriage, insurance, employees time and any damage to the goods supplied.
5. Delivery
5.1. The Customer shall pay the Company’s charges for delivery including unloading and any other associated costs. If Goods are collected, delivery shall be completed when loading is completed at the Company’s premises. If the Company delivers the Goods then delivery will occur on arrival at the delivery address which shall be the location set out in the Contract or such other location as agreed in writing.
5.2. Delivery dates are estimates only. Time for delivery of Goods or performance of the Services shall not be of the essence. The Company will endeavour to deliver Goods and perform Services at the times and dates given however the Company does not accept any liability whether consequential or otherwise for any losses or additional costs incurred by the Customer which results from any delay in delivery of Goods or performance of Services. Any default or breach by the Company shall not entitle the Customer to treat the Contract as repudiated.
5.3. Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address.
5.4. When goods are delivered We will take no responsibility for Your readiness to receive the Goods, any preparatory works are Your responsibility as per clause
5.5. Upon delivery of the Goods,You will make an immediate inspection, unless any fault or defect is notified to Us, in writing, within three ( 3) working days, it shall be deemed that the Goods delivered are accepted, by You, without reserve and are deemed Fit for Purpose.
5.6. Upon Loading of the Goods, the opportunity for reasonable inspection will be offered, it being entirely Your responsibility to inspect the Goods prior to leaving the premises, once they have been removed from the Company premises , it shall be deemed that the Goods have been accepted by You and are Fit for Purpose.
6. Installation
6.1. If the Contract specifies that the Company will be responsible for installing the Goods the Company has the right to use its employees, subcontractors, assigns or agents to perform such installation.
6.2. The Customer will obtain all necessary permissions to allow the Company to have full and free access to the site at which installation is to take place and free availability of all necessary utilities and services for the purpose of installing the Goods. The Customer is responsible for undertaking any preparatory work which the Company specifies is necessary when notified to the Customer in writing. The Customer will compensate the Company for any and all additional costs which the Company incurs as a result of the Customer’s failure to properly undertake any such preparatory work. As per clause 5.4
6.3. The Company shall procure that its employees, subcontractors, assigns and/or agents will comply with all reasonable health and safety, security and other regulations which are in force or apply at the Delivery Address and the Customer shall indemnify and hold the Company harmless against any loss, damage, cost and/or expenses which the Company may suffer or incur as a result of any injury to the Company’s employees or agents or damage to or loss of the Company’s property whilst at the Delivery Address resulting from anything other than the Company’s employees or agents negligence or any non-compliance by the Goods with the warranty set out in Clause 7.
7. Title and Risk
7.1. Risk in the Goods shall pass to the Customer when the Good are delivered. The title to the Goods (whether separate and identifiable or incorporated or mixed in with other goods) shall remain with the Company until the Customer has paid the price of the Goods (together with any accrued interest) and has paid any and all other sums outstanding between the Parties whether in respect of the current Contract or any other agreement. See clause 4.
7.2. Until title passes the Customer shall hold the Goods as the fiduciary agent and bailee of the Company. The Customer will store the Goods separately from any other goods and will ensure the Goods remain identifiable as those of the Company. The Customer shall not interfere with any identification marks. labels, batch numbers or serial numbers on the Goods.
7.3. The Customer will notify any End User that the Company remains the legal owner of the Goods until title passes in accordance with Clause 7.1 and the Company reserves the right to label the Goods accordingly. If the Goods are so labelled, such labelling must be protected and not removed at any and all times.
7.4. The Company agrees that the Customer may use or agree to sell the Goods as principal rather than as the Company’s agent subject to such sale being effected in the ordinary course of the Customer’s business at full market value. The entire proceeds of any sale or insurance proceeds received in respect of the Goods will be held by the Customer in trust for the Company and not mixed with any other monies or paid into an overdrawn bank account and shall at all times be identifiable as the Company’s money.
7.5. The Company agrees that the Customer may convert or incorporate the Goods into or mix the Goods with other goods or materials (the product of such conversion, incorporation or mixture being “the New Goods”) on the condition that the title to the New Goods shall remain with the Company until title passes in accordance with Clause 7.1.
7.6. The Customer agrees that It will, at the Company’s request and at the Customer’s expense, assign to the Company all rights that the Customer may have against any End User.
7.7. From the time of the delivery until title in the Goods passes to the Customer in accordance with Clause 7.1 the Customer shall store the Goods in reasonable conditions so as to maintain the quality and integrity of the Goods and the Customer shall insure the Goods for their full value with a reputable insurer and, if the Company so requests, ensure that the Company’s name is noted on the insurance policy. Until title in the Goods passes to the Customer the Customer shall hold the proceeds of any claim on such insurance policy on trust for the Company and shall immediately account to the Company with the proceeds.
7.8. Such insurance must have a 30 day notification clause of validity and The Company may request a current and valid certificate at any time.
7.9. If the Goods come with a manufacturer’s guarantee please refer to the manufacturer’s guarantee provided with the Goods. This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described. OutHounds product warranties mirror manufacturers product warranties unless expressed otherwise.
7.10. All goods are sold on retention of title and will therefore remain Our property until the You have paid for them in full.
8. Intellectual Property Rights
8.1. All Intellectual Property Rights in or arising out of or in connection with the Goods or Services shall be owned by the Company.
9. Liabilities
9.1. Nothing in these Terms shall exclude or restrict the Company’s liability for death or personal injury resulting from the Company’s negligence or the Company’s liability for fraudulent misrepresentation or any other liability which cannot be excluded or restricted by law.
9.2. Subject to Clause 9.1 the Company is not liable to the Customer in contract, tort (including negligence or breach of statutory duty) misrepresentation or otherwise for any of the following losses or damages, whether direct or indirect and even if such losses and/or damages The were foreseen, foreseeable or known or the Company was advised of them in advance:
9.2.1. Loss or damage incurred by the Customer as a result of third party claims;
9.2.2. Loss of actual or anticipated profits;
9.2.3. Loss of business opportunity;
9.2.4. Loss of anticipated savings;
9.2.5. Loss of goodwill; and
9.2.6. Any indirect, special or consequential loss or damage howsoever caused.
9.3. The Company’s entire liability under or in connection with the use, supply or failure to supply the Goods or Services whether for tort (including negligence), breach of contract, breach of statutory duty, misrepresentation or otherwise is limited in respect of each event or series of connected events, in the case of the Goods to the repair of the Goods or supply of replacement Goods or the net amount invoiced to the Customer of the defective, damaged or undelivered Goods which gave rise to such liability or in the case of the Services to the re-performance of such Services.
9.4. Subject to Conditions 9.7- 9.9.2 inclusively , where The Company supply Goods only (and not, for the avoidance of doubt, where The Company provide any Services in respect of any Supplies), The Company warrant that:
9.4.1. The Company have legal title to sell the Goods;
9.4.2. The Goods will be substantially free from defects in materials and workmanship; and
9.4.3. The Goods will comply with their specification.
9.5. Subject to Conditions 9.7 to 9.10 inclusively , where the Company provides Services in relation to any Supplies (but does not supply any goods), The Company warrants that the Services will be performed with reasonable skill and care. This subject to the proper maintenance as directed by the Company or manufacturer.
9.6. The Company does not warrant that the Goods will be fit for any particular purpose even if The Customer advises the Company of any purpose for which they may be used in advance.
9.7. The Company will not be liable under the Contract:
9.7.1. If a defect in the Goods or failure in the provision of the Services would have been apparent on a reasonable inspection under Condition 5.5 and 5.6 at the time of loading or unloading (as appropriate) unless the Customer gives the Company notice in accordance with Conditions 9.7.2;
9.7.2. Unless a defect in the Goods or failure in the provision of the Services other than is covered by Condition 9.7.1 is discovered within three (3) working days of the date of delivery of the Goods or failure in the provision of the Services and the Company are given written notice of such defect or failure in the provision of the Services within 14 Working Days of it being discovered;
9.7.3. Unless after discovery of the defect the Company are given a reasonable opportunity to inspect the Goods or to review the Services before they are used fixed or in any way interfered with. The Customer may not continue to use the Goods once the Customer has discovered any defect in the Goods or failure in the provision of the Services, any such interference or work done by You which is not in accordance with these terms shall be deemed to invalidate any warranty.
9.7.4. If the defect arises as a result of the Goods being used for a purpose or in a manner other than that specified to and agreed by the Company or specified by the Company;
9.7.5. If the defect arises from wear and tear;
9.7.6. If the defect arises as a result of a defect in any Supplies; and/or
9.7.7. If the defect arises from the Customer or a third party’s negligence, mis-use, alteration or repair of the Goods or the Supplies or the Services, failure to follow British Standard or industry or The Company’s instructions relevant to the Goods or the Supplies or the Services, storage of the Goods or the Supplies in unsuitable conditions or use of the Goods or the Supplies or the Services in abnormal working conditions.
9.8. If the Goods are not manufactured by the Company or have been processed by a third party whether or not at the Company’s or the Customer’s request the Company’s liability in respect of any defect in or arising from the Goods will be limited to such rights against the manufacturer or the third party as the Company may have in respect of those Goods.
9.9. If the Goods are supplied, manufactured or processed or the Services are performed to a drawing, design, measurement, calculation or specification provided by or approved by the Customer or any third person nominating or specifying the Goods whether as provided in Condition 9.8 or otherwise then:
9.9.1. subject to Condition 9.1, the Company shall not be liable for any defect in such Goods or the performance of Services except in the event of:
9.9.1.1. misrepresentation where the representation was made or confirmed in writing by the Company;
9.9.1.2. non-compliance with such drawing, design, measurement, calculation or specification; or
9.9.1.3. breach of a separate written warranty signed by the Company that the Goods or the Supplies are fit for a particular purpose.
9.9.2. The Customer will unconditionally fully and effectively indemnify the Company against all losses, damages, costs on an indemnity basis and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of any claim for infringement of any intellectual property rights of any other person, this to include reasonable legal costs
9.9.3. If the Goods are supplied or the Services are performed to a drawing, design, measurement, calculation or specification provided in writing by The Company then subject to Condition 9.1 The Company shall not be liable except in the proportion and to the extent that such damages have resulted primarily from The Company’s breach of Contract or negligence provided that The Company will not be liable under this Condition 9.9.2 if:
9.9.4. material information is withheld concealed or misrepresented by The Customer; and/or;
9.10. The Customer will fully indemnify the Company against all losses, damages, penalties, costs, including reasonable legal costs on an indemnity basis and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of any claim by any third party arising from the supply or use of the Goods or the Supplies.
9.11. Except as expressly provided in these Terms all warranties, conditions of other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9.12. Where the Customer resells the Goods or Supplies to a third party and the third party brings any claim against the Company, the Customer will provide all reasonable assistance to the Company at the Customer’s cost to enable the Company to defend the claim and the Customer will not make any admission, negotiate or settle any claim without the Company’s prior written consent thereto.
10. Default
10.1. “Insolvent” means the Customer becoming unable to pay the Customer’s debts within the meaning of Section 123 (Company) or Section 268 (Individual) of the Insolvency Act 1986 or the Customer ceasing to pay the Customer’s debts in the ordinary course of business or being unable to pay the Customer’s debts as they become due or the Customer ceasing or threatening to cease to carry on the Customer’s business.
10.2. “Associated Company” means a subsidiary or holding company as defined in Section 1159 of the Companies Act 2006 or a subsidiary of such holding company, or any company over which the Company’s or the Customer’s directors or shareholders have control as defined in Section 416 of the Income and Corporation Taxes Act 1988.
10.2.1. If The Customer fails to pay any invoice or sum due to the Company or to any of the Company’s Associated Companies under any Contract on the due date; or
10.2.2. If The Customer’s credit limit is withdrawn or reduced to a level below the amount then outstanding to the Company; or
10.2.3. If The Customer’s or the Customer’s Associated Company become Insolvent; or
10.2.4. There is a material change in The Customer’s or The Customer’s Associated Company’s constitution; or
10.2.5. The Customer pledges by way of security for any of the Customer’s indebtedness any Goods for which title still remains with the Company in accordance with clause 7; or
10.2.6. The Customer commits a material breach of the Contract which is not capable of remedy or commits a material breach of the Contract that is capable of remedy but fail to remedy that breach within 7 Working Days after being requested to do so, then all sums outstanding between the Customer and the Company under this and any other Contract between the Customer and any of the Company’s Associated Companies shall become immediately due and payable and the Company shall be entitled to do any one or more of the following (without prejudice to any other right or remedy the Company may have):
a) require immediate payment in cleared funds of any outstanding of the Company’s invoices;
b) require payment in cleared funds in advance of further deliveries of Goods or performance of Services;
c) suspend or cancel any further deliveries of Goods or performance of Services to the Customer under any Contract without liability on the Company’s part;
d) resell any Goods ordered by the Customer to any other person;
e) without prejudice to the generality of Clause 8 exercise any of the Company’s rights pursuant to that Clause; and/or
f) terminate this or any other Contract with the Customer without liability on the Company’s part;
g) charge the Customer interest on any sum due or overdue under these Terms at the interest rate set out in Clause 4.5;
h) require the return of the Goods in accordance with Clause 7.
10.3. The Customer shall reimburse The Company’s costs including reasonable legal costs on an indemnity basis which The Company incurred in enforcing The Company’s rights under the Contract including but not limited to recovery of any sums due.
11 Termination
11.1. Once Your Order is accepted by Us you may not terminate the Contract in whole or in part. Once the order is accepted and becomes in that instance a Contract You will be invoiced for the full amount and payment will be required in accordance with our payment terms in Clause
11.2. We may terminate Your contract with Us, in writing if any of the following events occur;-
(a) You suspend or threaten to suspend payment to Us for any reason; or
(b) You are unable to meet Your debts, as per section 123 of the Insolvency Act 1986; or
You, as an individual under section 268 of the Insolvency Act 1986,or have the inability or no prospect of meeting or repaying Your Debts; or
(c) You commence negotiations with any class of creditor with a view to rescheduling of debts for any reason; or
(d) You file a petition, or give notice, or pass a resolution, or propose a resolution, our file a bankruptcy petition or You are subject to a bankruptcy order or any other matter is made in connection with any form of Insolvency procedure.
(e) You have any creditor or creditors who have or intend to attach or take possession of , or a distress or execution notice is served, of levied process enforced or any form of similar process which is not discharged within 14 days of service.
(f) You appoint or have an application made by others to appoint an administrator. Or a floating charge is applied for by such administrators.
(g) You have any person who is entitled to apply for administrative orders against You.
(h) If you threaten to suspend or to cease to carry on all or substantially the whole of Your business.
(I) If in Our opinion Your financial position deteriorates to such an extend that in Our opinion you may not be capable of fulfilling Your financial obligations to us under this contract.
11.3. If such termination of this contract takes place it will not affect any of Your or Our rights and remedies that may have accrued at the time of termination. Any clauses which expressly or by implication are intended to survive this contract will do so in full force.
12. General
12.1. The headings in these terms and conditions are for convenience only and shall not affect their interpretation or bring any specific meaning to them.
12.2. Except as provided otherwise in these Terms the Company shall not be deemed to be in breach of contract nor liable for any delays or failure to perform any of the Company’s obligations under any Contract due to any cause beyond the Company’s reasonable control including but not limited to industrial action, import or export regulations or embargoes, restraints or delays affecting carriers, difficulties in obtaining materials, parts, components, labour or fuel, power failure or breakdown in machinery. Should any such event occur the Company reserve the right to cancel or suspend by notice in writing all or any part of the Contract without incurring any liability and The Customer will be liable to pay for any Goods delivered or Services performed prior to any such cancellation. Also see clause 14.
12.3. If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
12.4. Any written notice to be given under these Terms shall be sent by the Customer to the Company’s Registered Office and by the Company to the Customer at The Customer’s trading address.
12.5. Nothing in these Terms or a Contract is intended to or will create any benefit for or right to enforce any of these Terms to any third party pursuant to the Contracts (Rights of Third Parties) Act 1999. This contract is between You and Us. No other person shall have any rights to enforce any of its terms.
12.6. Termination of a Contract shall not affect the rights and obligations which have already accrued at the time of termination.
12.7. The Customer may not assign or deal in any way with all or any part of the benefit of The Customer’s rights or benefits under a Contract.
12.8. The Company is entitled at any time to assign or deal with the benefit of any Contract or subcontract any work relating to any Contract.
12.9. If any Condition or part of this Contract is found by any court, tribunal or administrative body to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from these Terms or a Contract and will be ineffective without, as far as is possible, modifying any other Condition or part of a Contract and this will not affect any other provisions of these Terms or a Contract which will remain in full force and effect.
12.10. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.11. We may change Our Terms and Conditions from time to time, it is incumbent upon You to ensure you have read the current Terms and Conditions as displayed on our website.
13 Privacy Policy
Your privacy is very important to Us. Accordingly We have developed this policy in order for You to understand how We collect, use, communicate and disclose and make use of personnel information.The following outlines Our privacy policy. Before or at the time of collecting personal information, We will identify the purpose for which the information is being collected. We will collect and use information solely with the objective of fulfilling those purposes specified by us and for other comparable purposes, unless We obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfilment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge and consent of the individual concerned. Personal data should be relevant to the purposes for which it is to be used and to the extent necessary for those purposes, should be accurate, complete, and up to date. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorised access, disclosure, copying, use or modification. We will make readily available to customers information about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Any personal data relating to Customers will be used in accordance with current UK data protection legislation and this privacy policy. We will not disclose Your personal data without Your prior consent except as provided in this privacy policy.
We shall take care of any personal information you supply as described in this policy and in accordance with Data protection legislation.
We may ask for personal information, such as name, age, address and any other such information as necessary to to process your Order. We may use this information to contact you to keep you updated.Any other technical data may be collected automatically and its use and storage is explained in this policy.
Data handling, The Company will make every reasonable effort to protect all personal data, The company will not be liable for any loss of such data in what ever form that loss takes. Nor shall The Company be liable for any damages incurred by such loss how so ever caused.
Data maintenance, The company will take every reasonable effort to ensure that Your personal information is up to date. The company request that You view your account from time to time and update Your information.
The Company reserves the right, at any time, to change the conditions of this privacy policy. Such changes will take place via our web site, we urge You to read our terms and conditions including this privacy policy on a regular basis. Continued use of the site signifies your agreement to them.
Your personal information may be disclosed if we are obliged to or as permitted by law. We may disclose Your personal information to other companies. We or they may send information to You about products and services by means of any communication, including post, telephone or email. By using our website You consent to receiving such material in this way, but you can ask us to stop it at any time by email us at info@outhounds.com .
14 Force Majeure
We shall not be held liable for any breach of this contract caused by circumstances out of its control including Acts of God, fire, lightening, explosion, war, disorder, flood, industrial disputes (where or not involving its employees), extremely severe weather or acts of local or central Government or other competent authorities.
15 Governing Laws
15.1. Each Contract shall be governed and interpreted according to the laws of England and Wales, and all parties shall agree to abide, exclusively to the jurisdiction of the Courts of England and Wales;
15.2. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.