STANDARD TERMS AND CONDITIONS OF PURCHASE

A.    gne is in the business of providing fully managed printing services, lithographic printing services, direct and transactional mailing, envelope production and outsource services;
B.    The Supplier wishes to provide goods and/or services to gne in accordance with gne’s purchase order;
C.    gne has agreed to procure goods and/or services from the Supplier subject strictly to the price agreed between the Parties as stated in gne’s purchase order and these Standard Terms and Conditions of Purchase (“the “Agreement”).

1.    INTERPRETATION, INCORPORATION AND PRECEDENCE
1.1    Any reference to a clause or section shall be considered to be a reference to a clause or section in this Agreement unless expressly stated otherwise.
1.2    Use of a singular phrase shall include the plural and vice versa.
1.3    The headings of this Agreement are used for convenience only and shall not therefore affect the interpretation or construction of the Agreement or any schedules or annexes appended thereto.
1.4    Any words or phrases importing a particular gender shall not serve to exclude any other gender.
1.5    Any reference to a statute, statutory provision or statutory instrument shall include a reference to that statute, statutory provision or statutory instrument together with all rules and regulations made under it, as may be amended, consolidated or re-enacted from time to time.
1.6    Any reference to gne or Supplier shall be deemed to include their agents, affiliates, employees and subsidiary and/or holding companies.
1.7    This Agreement shall be deemed to apply from the date the Agreement was communicated to the Supplier or the date of the latest signature below, whichever is the sooner.
1.8    The terms of this Agreement shall be deemed as validly incorporated between the Parties and shall be considered, together with any applicable quotation and purchase order, as the entire Agreement between the Parties in relation to the provision of goods and/or services by the Supplier; save that any terms and conditions of the Supplier that may be stated or referred to within a quotation or any other document shall be fully excluded.
1.9    For the avoidance of any doubt, this Agreement shall supersede any and all other terms and conditions that may have been presented by the Supplier. The acceptance of the Supplier to provide the goods and/or services shall be considered and accepted by the Parties as an irrevocable and unequivocal acceptance by the Supplier to trade with gne under the terms of this Agreement and the termination of any and all other terms by mutual consent.
1.10    Where there may be a conflict or contradiction of terms between this Agreement and any other documentation provided to the Supplier by gne; gne shall clarify and confirm the correct interpretation to the Supplier. gne’s decision as to interpretation shall be final and at its sole discretion.
1.11    All instructions and notices as may be required during the course of dealing between the Parties shall be in writing. “In writing” shall be construed as meaning in a written form whether in hard copy or electronic media. The Parties shall use only traceable methods to provide written instructions; for example but without limitation to; fax, e-mail or recorded delivery.
1.12    Where the consent of either or both Parties is required, neither party shall unreasonably withhold or delay such consent.
1.13    The coming into force of this Agreement shall not create any agency, partnership, collaboration or other similar or analogous relationship between the Parties.
1.14    There shall be no change in the ownership of any intellectual property rights by the coming into force of this Agreement.
1.15    Neither Party shall be entitled to publicise or announce their engagement with the other; or use the name, identity, logo or emblem of the other without the other Party’s prior written consent.
1.16    This Agreement, including the agreed pricing, is personal and strictly confidential between the Parties.


2.    STATUTORY TERMS
2.1    The Supplier does not exclude or restrict the application of any express or implied statutory terms under the Sale of Goods Act 1979 and/or the Supply of Goods and Services Act 1982.


3.    THE PROVISION OF GOODS AND/OR SERVICES BY THE SUPPLIER
3.1    The Supplier acknowledges and accepts that time shall be of the essence in the provision of any goods and/or services (the “Services”) and any related exchange, notice or transaction between the Parties. A failure to deliver the Services to the agreed delivery location and on the agreed date shall be deemed a breach of this Agreement and, without prejudice to any other right or remedy available to gne by operation of law or under this Agreement, shall release gne from any obligation to pay for the Services in whole or in part.
3.2    The Supplier shall ensure that at all times it has in place suitable insurance with a reputable insurance provider, to fully cover its obligations and liabilities (legal or otherwise) under the Agreement. Such insurance shall include, but may not be limited to:
a.    Public and products liability providing a minimum amount of cover of £5,000,000.00 (five million pounds) per annum;
b.    Professional indemnity insurance providing a minimum amount of cover of £3,000,000.00 (three million pounds) per annum.
3.3    gne shall be entitled to request reasonable proof as to the existence of the Suppliers applicable insurance. Where the Supplier is unable to provide such proof, or where such proof discloses that the insurance cover held by the Supplier is inadequate, gne shall be entitled at its sole option to:
a.    Terminate the Agreement immediately and recover any losses incurred up to the date of termination and as a result of the termination; or
b.    Take out appropriate insurance on behalf of the Supplier and recover the cost of that insurance from the Supplier on an open-book basis plus 10% of the total premium or £250.00, whichever is the higher, as an administration charge.
3.4    Before providing the Services, the Supplier shall provide a detailed and accurate written quotation. Once agreed by gne, the price set out within the quotation shall be the total price for the Services and gne shall not accept any additional cost, charge or price variation save for where gne has made any additional requirement. For the avoidance of any doubt, the provisions of this clause 3.4 shall apply mutatis mutandis to any quotation for additional goods or services requested by gne that arise as a result of the provision of the original Services.
3.5    On receipt of the quotation for Services, gne shall, if the quotation is accepted, provide a written purchase order to the Supplier. The Supplier shall not commence the Services without first having received a written purchase order from gne. In accordance with clauses 1.6 to 1.9 inclusive above, the terms and conditions of this Agreement shall be deemed to apply in relation to any quotation and purchase order provided in relation to the Services and shall prevail in any dispute concerning a ‘battle of forms’.
3.6    gne’s purchase order shall confirm the price for the Services and set out the date, location and method of delivery.
3.7    gne shall be entitled to inspect any goods and/or assess any services. Delivery of any goods and/or completion of any services shall not be considered as acceptance of the same by gne until gne has had a reasonable opportunity to inspect or assess as appropriate and communicated its acceptance to the Supplier within a reasonable amount of time which shall in any event be no later than 2 (two) weeks from the date goods were delivered and/or services were completed.
3.8    Where any goods or services do not meet with the terms of the quotation and purchase order and/or do not meet with the reasonable satisfaction of gne, gne shall be entitled to any one or more of the following remedies:
a.    In relation to goods; reject the goods and require that the Supplier immediately collect the goods at its own cost from the place of delivery or such other reasonable location, and require that the Supplier re-produce the goods to an acceptable standard at its own cost;
b.    In relation to services, require that the Supplier immediately re-perform the services to an acceptable standard at its own cost;
c.    For goods and/or services; consider the Agreement to be materially breached and thereby release gne from any obligation (pre-existing or otherwise) to pay either in whole or in part save that gne shall act reasonably in relation to the payment for any goods or services that have been properly provided and to which gne has derived an identifiable and demonstrable benefit;
d.    Where any delay, neglect, forbearance or breach relative to the above clauses 3.8(a) – (c) causes gne to incur a loss or damage, gne shall be entitled to recover the loss or damage on an indemnity basis from the Supplier together with any reasonable costs incurred. Any such recovery shall be subject to the rules of double recovery and damages generally.
3.9    The Supplier warrants that the Services will be provided in accordance with the highest relevant industry standards using properly skilled and qualified personnel and the best quality materials, components and equipment.
3.10    The Services shall be guaranteed by the Supplier against, without limitation to any defects, failures, poor performance and sub-standard quality for a minimum period of 12 (twelve) months from the date of acceptance of any goods or services by gne in accordance with clause 3.7 above, or such other period of time as may be agreed in writing between the Parties.


4.    PAYMENT
4.1    On acceptance of the goods pursuant to clause 3.7 above, the Supplier shall provide a fully itemised invoice to gne. gne shall reject any invoice that fails to state both the quotation and purchase order references.
4.2    gne shall be entitled to withhold the payment of any sums forming the whole or part of an invoice that are the subject of a reasonable and bona fide dispute. Additionally or in the alternative, gne shall be entitled to set-off against any invoiced sum, any sum owed by the Supplier to gne or claimed by gne against the Supplier.
4.3    gne shall not be obliged to pay for any excess quantities of goods delivered by the Supplier and/or any incremental costs or charges that did not form part of the original quotation and purchase
4.4    gne shall settle all properly due and undisputed sums 90 (ninety) days from the first day of the month following the date of a correctly formatted invoice.


5.    TERMINATION
5.1    Without prejudice to any earlier termination in accordance with this clause 5, this Agreement shall remain in full force and effect until the Parties have fully discharged all their respective obligations to the full and complete satisfaction of the other, and/or all and any disputes between the Parties have been concluded.
5.2    Either Party may terminate this Agreement forthwith if:
a.    The other party or its parent company is dissolved or in any case commits an act of bankruptcy or calls a meeting of its creditors or makes or negotiates for any composition or arrangement with or assignment for the benefit of its creditors or ceases or threatens to cease to carry on business or presents a petition or has a valid petition presented by a creditor for its winding up or goes or is put into liquidation (other than solely for solvent amalgamation or reconstruction) or has a receiving, management or administrative order made against it or if it is deemed by virtue of Section 123 of the Insolvency Act 1986 to be unable to pay its debts or if it suffers a distress or execution to be levied on its property unless such party discharges such distress within fourteen (14) days of the appropriate
b.    The other is in breach of its obligations under this Agreement and where such breach is capable of remedy, has failed to remedy the breach on the provision of 7 days written notice by the other;
c.    Any other termination right existing within this Agreement.
5.3    The termination of the Agreement howsoever arising shall not give rise to any transfer of employment pursuant to the Transfer of Undertakings (Protection of Employment) Regulations 2006 SI 2006/246 between the Parties.
5.4    Upon termination for whatsoever reason, each Party undertakes to return to the other party any equipment, documentation, information or other materials belonging to the other party or which it has no legal right to retain.


6.    INDEMINITY 
6.1    The Supplier shall indemnify and hold harmless gne from and against all liability and loss suffered from any claims or proceedings, and any costs and expenses reasonably and properly incurred as a result of:
a.    The death or injury of any person or any damage to or loss of any physical property caused by the default or negligence of the Supplier;
b.    The breach by the Supplier of any of its obligations under this Agreement;
c.    The infringement by the Supplier of any patent rights, design, trade mark or name, or other protected rights in respect of any equipment, materials or Services supplied to gne for or in connection with the Services and from and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto.


7.    LIMITATION OF LIABILITY
7.1    The limitation of liability of each Party shall be as follows:
a.    In the case of liability arising from personal injury or death there shall be no limit;
b.    In the case of liability arising from any event as set out in clauses 6.1(b) and 6.1(c) above and/or any liability arising as a result of damage to property caused by the default or negligence of the Supplier; the maximum liability of the Supplier to gne shall be £1,000,000.00 (one million pounds) or, where the Supplier holds insurance that provides cover for the liability in question, the maximum sum insured of the applicable insurance, whichever is the higher.
c.    Without prejudice to clause 7.1(a) above, in the case of any liability arising from gne to the Supplier, gne’s maximum liability shall be the net invoice value of the Services being provided by the Supplier under the terms of this Agreement.


8.    SURVIVAL
8.1    Clauses 1.13; 1.14; 1.15; 3.2; 3.10; 5.3; 5.4; 6 (in full); 7 (in full); 12 (in full) shall survive the termination, howsoever arising, of this Agreement.


9.    FORCE MAJEURE
9.1    Neither party shall be liable to the other for any loss of any kind whatsoever, including, but not limited to, any damages or abatement of charges whether directly or indirectly caused to or incurred by the other party by reason of any failure or delay in the performance of its obligations hereunder which is caused, wholly or partly, by circumstances beyond the reasonable control of that party, including, without derogation from the generality of the foregoing, any delays caused by the other party's failure to perform or delay in performing its obligations under this Agreement, third party delay or
non-performance, any act of God, failure or shortage of power supplies, flood, lightning or fire, act or omission of Government, local or district authorities, public telecommunications operators or other competent authorities, war, military operations or riot.


10.    NO WAIVER
10.1    No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall neither be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement.


11.    BRIBERY AND CORRUPTION
11.1    Either party shall be entitled to terminate this Agreement in whole or in part and to recover the amount of any loss or damage resulting from such termination if: any person employed by either Party shall have offered in respect of the Services under this Agreement, or given, or agreed to give to any person any gift, consideration, inducement or regard of any kind, for doing or not doing any action in relation to the Agreement; and/or either Party’s employees or contractors or contractor’s employees shall have committed any offence under the Criminal Justice Act 2003; the Bribery Act 2010; or have given any fee or reward the receipt of which is an offence under section 117(2) of the Local Government Act 1972 in respect of the Services under this Agreement.


12.    LAW
12.1    This Agreement shall be interpreted and construed in accordance with the laws of England and Wales and the Parties irrevocably submit to the exclusive jurisdiction of the English courts.
12.2    No person who is not a Party to this Agreement shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
12.3    If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, it shall be severed with the remaining terms of the Agreement continuing to be valid and enforceable to the fullest extent reasonably possible.

Terms and Conditions of Sale


1.     Definitions
In these conditions the following words shall have the following meanings:-
“The Buyer”   means a buyer of any goods from the company.
“The Company” means Great Northern Envelope Co. Limited.
“The Goods”   means any goods sold by the company to the
                 Buyer under this Contract
“These Conditions” means the terms and conditions set out herein.
“This Contract”    means any Contract to which these Conditions relate.

2.     General
2.1    The Buyer acknowledges that all sales shall be deemed to be made between the Buyer and the Company upon these Conditions which shall be deemed to be incorporated in any contract between the Company and the Buyer.
2.2    These Conditions shall not be allowed or varied except by an express written amendment signed by a director on behalf of the Company and shall take effect to the exclusion of any terms or conditions stipulated by or on behalf of the Buyer and no other person has any authority to accept any liability or to make any promise on the Company’s behalf.
2.3    The Buyer confirms to the Company that no written or oral representations made at any time by or on behalf of the Company other than as expressly incorporated in these
Conditions have in any way whatsoever induced the Buyer to enter into this Contract.

3.     Conditions and Warranties
3.1    The Buyer is relying upon its own knowledge skill and judgement in relation to the Goods and the Company shall therefore be under no liability whatsoever for any knowledge which it or its servants or agents may possess and communicate to the Buyer as to the purpose for which the Goods are supplied.
3.2    Where before delivery the Company gives to the Buyer an opportunity to inspect the Goods (and each opportunity is exercised by the buyer) then the Company shall not be liable for any loss or damage arising from defects that such inspection ought to have revealed.
3.3    The Company shall be under no liability whatsoever for any defect in failure to correspond with the description of or unsuitability for any purpose of the Goods or any part thereof and the Buyer hereby waives all conditions warranties or other terms whether express or implied statutory or otherwise inconsistent with the provisions of this class which are hereby expressly excluded.
3.4    If it should be held by a court of competent jurisdiction in relation to any particular contract to which these Conditions apply that clause 3.3 hereof is not effective then the Buyer shall not be entitled to reject the Goods and any damages recovered by the Buyer in respect of any breach of contract by the Company shall be limited to the reasonable cost of remedying the defect or other matter constituting the breach provided that the Company shall first be afforded the opportunity of itself carrying out such remedial work and the Company shall not
under any circumstances be under any liability whatsoever for any other loss injury or damage suffered by reason of such breach.
3.5    Deviation in quantity of Goods delivered from that stated in this Contract shall not give rise to a right to reject on the part of the Buyer nor shall the Buyer have a right to claim for damage for breach of contract but the buyer shall only be obliged to pay at the contract rate for the quantity of Goods delivered.
3.6    Where these conditions apply and the Buyer deals as a consumer for the purposes of the Unfair Contract Terms Act 1977 this clause 3 will be in addition to the statutory rights of the Buyer within the meanings of that expression as defined in The Consumer Transaction (Restrictions on Statements) Order 1976 and will in no way affect such statutory rights.

4.    Samples
4.1    Not withstanding that sample goods may be exhibited to and inspected by the Buyer such sample goods are so exhibited and inspected solely to enable the Buyer to judge for itself the quality of the bulk and not so as to constitute a sale by sample.
4.2    The Buyer shall take the Goods entirely at its own risk as to their corresponding with the said samples and subject to the normal variation between bulk and sample accepted by the trade.

5.    Quotations
5.1    The company reserves the right to cancel or withdraw any quotation without notice at any time before acceptance. 
Quotations for printed envelopes are subject to sight of artwork.
5.2    Where camera ready artwork is not available an additional charge will be made for origination on colour separations and proofs charged extra.
5.3    A quotation issued by the Company does not constitute an offer to supply the Goods and any order supplied by the Buyer following a quotation issued by the Company shall not be binding on the Company unless and until accepted by the Company in writing.

6.    Price
6.1    The price of the Goods includes one normal delivery and/or transport charges and insurance in transit but excludes Value Added Tax or any other tax duty or levy which shall be added to the amount set out in the Company’s relevant invoice and paid by the Buyer.
6.2    All prices quoted are those ruling at the date of the Company’s estimate and the Company shall be entitled to increase the price of the Goods to reflect any increase in the cost of raw materials rates of wages overhead costs any currency fluctuations affecting the cost of imported materials or any kind of increased costs incurred by it or made to take account of change in exchange
rates or any other increased tariffs import charges or taxes.
6.3    Prices quoted only apply if the full quantity quoted is ordered.

7.    Delivery Risk
7.1    Time for delivery is not the essence of this Contract.
7.2    Estimates as to time of delivery are made by the Buyer in good faith and every effort will be made to adhere to them but the Company shall not be under any liability whatsoever for the consequences of any delay.
7.3    Delivery to the Buyer is complete and effected when the Goods
 are available for unloading from transport to the Buyer’s premises or onto the Buyer’s vehicle.

8.    Instalment Delivery
Where Goods are to be delivered by instalments and the Buyer either fails to accept delivery when due or defaults in making payment when due then in either case the Company may cancel any or all subsequent deliveries and the Buyer shall compensate the Company in full for any loss or expense arising from each cancellation

9.    Carriage of Goods
9.1    Delivery of the Goods by the Company is free in West Yorkshire regions and outside this area the Company reserves the right to levy a nominal charge to the Buyer for carriage and handling of call-offs or split deliveries based upon the quantity ordered, weight and bulk. On special consignments required by passenger train post or other than the Company’s normal delivery arrangements the Company reserves the right to charge carriage in full.
9.2    Where deliveries effected in accordance with the Buyer’s original instructions are found to be incorrect due to the Buyer’s error a 20% handling charge (minimum charge £50.00) plus the cost of return transport will be made for returned goods. The Goods must be delivered in perfect condition and the Company may refuse to accept the return of any Goods which been overprinted or processed in any way whatsoever.
9.3    Where the Company undertakes delivery of the Goods it does not accept responsibility in any way and shall be under no liability whatsoever for any damage shortage or loss in transit unless the damage shortage or loss is notified in writing both to the Company and to the carrier within seven days of receipt of the Goods (or such lesser period as the carrier’s terms may provide) or the scheduled date of receipt and the Goods have been handled by the Buyer in accordance with both these Conditions and the carrier’s conditions of trade.
9.4    The Company will reasonably endeavour to deliver the correct quantity of Goods ordered but owing to the difficulty in procuring exact quantities orders are subject to a margin of 5% being allowed for overs or shortage and an appropriate adjustment being made for the same in the charge of the Buyer.  Envelopes despatched ex stock will be sent made up to the nearest whole parcel or carton.

10.    Storage/call off facilities
10.1    Where storage call off facilities are required, Goods will be invoiced in total upon manufacture and the Company‘s settlement terms net cash 30 days will apply. The Company reserves the right to make a monthly storage charge commencing two calendar months after the date of the original invoice calculated at 1.5% of the invoice price of the Goods in question for each month or part month of the month thereafter that the goods are not so delivered. The Buyer will also be charged for delivery if the total order is not called off at one time.
10.2    Without prejudice to clause 10.1, where the Buyer defaults on payment stocks held on behalf of the Buyer may be disposed of at the absolute discretion of the Company.The Company reserves the right to make a monthly storage charge of £20.00 per pallet or part thereof for any Goods held on behalf of the Buyer and not called off within the terms agreed with the Company in writing.

11.    Passing of Property and Insurance
11.1    The Goods remain the Company’s property until the Buyer has paid for them in full. Until that time the Buyer shall hold the Goods as bailee, store them in such a way that they can be identified as the Company’s property and shall keep them separate from the Buyers own property and the property of any other person.
11.2    Although the Goods remain the Company’s property until paid for, they shall be at the Buyers risk from the time of invoicing and the Buyer shall insure them against loss or damage accordingly.
11.3    The Buyer’s right to possession of the Goods shall cease if:-
11.3.1 The Buyer has not paid for the Goods in full by the expiry of any credit period allowed by this Contract; or if
11.3.2 The Buyer is declared bankrupt or make any proposal to its creditors for a composition or other voluntary arrangement; or if
11.3.3 A receiver, liquidator or administrator is appointed in respect of the Buyer’s business.
11.4    On cessation of the Buyer’s right to possession of the Goods in accordance with this clause the Buyer shall at his own expense make the Goods available to the Company and allow the Company to re-possess them.
11.5    The Buyer hereby grants the Company, his agents and employees an irrevocable licence to enter any premises where the Goods are stored in order to re-possess them or inspect them at any time.

12.    Payment and Credit Terms
12.1    Payment of the Goods is due 30 days after despatch or notification to the Buyer that despatch can be affected.
12.2    Where credit terms are agreed the Company may at its absolute discretion cancel the contract at any time after acceptance if in its opinion the Buyer’s credit rating is unsatisfactory or if the Buyer is excess of the Company’s published or agreed credit terms. The Company should be under no liability whatsoever arising out of any such cancellation.
12.3    Whilst any monies remain unpaid under this contract after the date for payment the Company reserves the right to commence or continue with any subsequent or prior order from the Buyer and the Company shall be under no liability whatsoever for any such refusal.
12.4    The Company shall be entitled to charge interest at an annual rate of 4 per cent above the base rate from time to time of National Westminster Bank Plc on all overdue accounts from the due date for payment until the actual date of payment.
12.5    The Company shall be entitled to bring an action in respect of the price of the Goods whether or not the property in the Goods has passed to the Buyer.

13.    Liability
13.1    In the event of any loss damage or delay to any Goods delivered notice of the same shall be given to the Company in writing by the Buyer forthwith upon delivery (or in the case of the loss of any Goods at the time when the Goods should have been delivered) and the Buyer shall at the same time take all necessary steps to notify the carrier in writing of any such loss damage or delay and shall enter a note of the same upon the carrier’s receipt.
13.2    If by reason of the failure of the Buyer to give any such notice as required by clause 13.1 above the Company is precluded from making a recovery from the carrier in respect of the loss or damage or delay complained of then the Company shall not be liable for any claim by the Buyer in respect thereof and the Buyer shall be liable to pay for the Goods as though no such loss damage or delay had occurred.
13.3    The Company’s total liability for any one claim or for the total of all claims arising from any one act or default of the Company (whether arising from the Company’s negligence or otherwise) shall not exceed the contract price.
13.4    The Company does not accept any claim regarding consequential loss derived from a default including but not limited to late delivery a product or service failure.

14.    Force Majeure
The Company shall be under no liability whatsoever for the late delivery of or failure to deliver the Goods to the extent that such failure results from any cause beyond the control of the Company including without limitation acts of God, fire, flood, embargoes, labour troubles, war, inability to obtain materials, equipment, transport or services of supply. Upon the happening of such an event the
Company shall notify the Buyer thereof and shall be relieved from any liability arising from the non delivery of the Goods for so long as their delivery is prevented and the Buyer shall be liable to pay the
Company any costs which the Company may have incurred directly or indirectly prior to the happening of such event and any repayments which may have been made to the Company under this Contract shall be applied towards satisfaction of such sums.

15.     Acceptance
The Goods shall be deemed to have been inspected and accepted by the Buyer as the Goods compromised in the Company’s acknowledgement of order three days after receipt.

16.     Cancellation and Variation
No cancellation of any order can be accepted without the prior consent
of the Company in writing.

17.     Insolvency
If the Buyer shall default in or commit any breach of its obligations to
     the Company or if any distress of execution shall be levied upon the Buyer or if the Buyer shall become bankrupt or insolvent or shall compound with its creditors or proceedings are commenced for the liquidation of the Buyer (other than for a voluntary winding up for the purpose of re-organisation) or if a receiver or manager is appointed over the Buyer’s assets or any other them then the Company shall be entitled to cancel this and any other contract with the Buyer in whole or in part by written notice and such cancellation shall be without prejudice to any right or remedy accrued or accruing to the Company.

18.     Arbitration
If at any time any question, dispute or difference whatsoever shall arise between the Buyer and the Company upon, in relation to or in connection with this Contract either party may give rise to the other notice in writing of the existence of such a question, dispute or difference and the same shall be referred to the arbitration of a person to be mutually agreed upon. The submission shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act 1950 or any other statutory modification or re-enactment thereof.

19.     Notices
Any notice to be given by either the Buyer or the Company shall be sufficiently given if sent by first class recorded delivery post (air mail post for export orders) or facsimile transmission addressed to the place of business of the relevant party shown on the face hereof and shall be deemed to have been received (a) in the case of postage two days after it was posted and (b) in the case of facsimile transmission on the date of despatch.

20.     Inspection
In the event of a request for the Company’s technical staff to inspect any claim on site, a charge will be made should the complaint prove to be caused by circumstances beyond the Company’s control.

21.     Governing Law
This Contract is governed by and should be construed in accordance with English law and the parties hereto irrevocably submit to the non-exclusive jurisdiction of the Courts of England.

Please contact your Sales rep or the Accounts team on accounts@gne.co.uk to request a Credit Account Application Form

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