BCS Page 3
7.8 Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination. Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
- LIMITATION OF LIABILITY
8.1 Nothing in these Conditions shall limit or exclude the Agent’s or Yorkshire Water’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for the Agent or Yorkshire Water to exclude or restrict liability.
8.2 Subject to clause 8.1, neither the Agent nor Yorkshire Water shall under any circumstances whatsoever be liable to the Customer, whether in
(a) 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
(b) Yorkshire Water'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 the Contract price.
- FORCE MAJEURE
9.1 Neither Yorkshire Water nor the Agent shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or adverse weather conditions, or default of suppliers or subcontractors.
10.1 Yorkshire Water reserve the right, on reasonable notice to the Customer, to instruct the Agent to remove or relocate the Goods from the Customer’s land should one of the following occur:
(a) Yorkshire Water are instructed to remove or relocate the Goods by a regulated authority;
(b) the Goods have not been utilised or spread in accordance with any oral or written instructions given to the Customer by Yorkshire Water or the Agent in relation to the storage, commission, installation or use of the Goods; or
10.2 if a timescale has not been specified under clause 10.1(b), the Goods have not been utilised or spread within 12 months of delivery. Should Yorkshire Water need to remove or relocate the goods as per clause 10.1, the Customer will grant the Agent and/or Yorkshire Water access to their land for the purpose of removing or relocating the Goods as instructed by the regulated authority (if relevant).
10.3 Should the Goods be removed from the Customer’s premises as per this clause 10, the Agent will refund the price of the Goods paid by the Customer, including VAT, providing that the goods are in satisfactory condition and clause 6.3 has been complied with.
11.1 Assignment and subcontracting.
(a) Yorkshire Water or the Agent may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
(b) The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of Yorkshire Water.
(a) If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
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