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Colin’s Sash Windows – Terms and Conditions

The Customer’s attention is drawn in particular to the provisions of clause 9.
1 Definitions and Interpretation
Business Day a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Conditions the terms and conditions set out in this document as amended from time to time.
Contract the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer the person who purchases the Goods from the Supplier.
Delivery Location has the meaning given in clause 5.3.
Force Majeure Event an event, circumstance or cause beyond a party’s reasonable control.
Goods the goods (or any part of them) set out in the Quotation and/or Order Confirmation.
Guarantee Document the Supplier’s guarantee document in respect of the Goods that is available from the Supplier upon request.
Order means the Customer’s order for the Goods as specified in the Quotation, given by way of an email to the Supplier confirming the Customer would like to proceed.
Order Confirmation means the Supplier’s written confirmation of the Order (including the contents of the email sent to the Customer attaching the same).
Quotation a quotation for the provision of Goods sent by the Supplier to the Customer.
Specification the specification for the Goods, including any related plans and drawings, that is agreed in writing by the Customer and the Supplier.
Supplier Colin’s Sash Windows LLC of 13 Hyde Road, Caddington, LU1 4HD.
1.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.2 A reference to a party includes its personal representatives, successors and permitted assigns.
1.3 A reference to legislation or a legislative provision is a reference to it as amended or re-enacted, and includes all subordinate legislation made under that legislation or legislative provision.
1.4 Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
1.5 A reference to writing or written includes emails but not fax (unless the Supplier informs the Customer otherwise).
1.6 The headings in these conditions are for convenience of reference only, they do not form part of the Contract and shall not affect its validity or construction.
2 Basis of Contract
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.1 The Supplier may provide the Customer with a Quotation for the Goods; such Quotation shall not constitute an offer. A Quotation shall be valid for a period of 30 Business Days from its date of issue, unless stated otherwise.
2.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification submitted by the Customer are complete and accurate. If the Customer thinks that there is a mistake or requires any changes to the Order, the Customer must contact the Supplier by email as soon as possible to discuss. The Supplier will confirm any changes in writing. However, the Supplier is under no obligation to accept any changes.
2.3 The Order shall only be deemed to be accepted when the Customer has paid to the Supplier a deposit in the amount stipulated by the Supplier, and the Supplier issues an Order Confirmation email to the Customer, at which point the Contract shall come into existence. If the customer wishes to cancel an order after receiving the order confirmation an administration fee will be charged and deducted from any deposit paid. This will be 5% of the order value but not less than £250. If the Supplier is unable to supply the Customer with the Goods, the Supplier will inform the Customer of this and the Supplier will not process the Order.
2.4 When the Supplier issues the Order Confirmation, the Supplier shall assign an order number to which that Order relates. The Customer must quote the order number in all subsequent correspondence with the Supplier relating to the Order.
2.5 Any samples, drawings, descriptive matter or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier’s website catalogues, brochures or any other literature 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. Although the Supplier will have made every effort to display the colours accurately, the Supplier cannot guarantee that the printed pictures accurately reflect the colour of the Goods. The Customer’s Goods may vary slightly from those pictures.
2.6 Although the Supplier makes every effort to be as accurate as possible, because the Goods are handmade, the actual measurements of the Goods may not be precisely as specified in the Specification, as they are subject to normal manufacturing tolerances.
2.7 The Supplier primarily sells the Goods in the United Kingdom mainland however the Supplier may agree to accept Orders from addresses outside the United Kingdom mainland at the Supplier’s complete discretion. The Supplier does not deliver to areas outside the UK mainland (including the Isle of Wight, Isle of Man, Northern Ireland, the Channel Islands or the northern highlands of Scotland) and does not have servicing engineers operating in those areas.
2.8 Any Quotation and Order Confirmation is given on the basis that any errors or omissions (as determined by the Supplier in its discretion) shall not be binding on the Supplier.
3 Changes to Orders
Once Orders are accepted pursuant to clause 2.3, the Customer will not be able to change or cancel an Order as Goods are made-to-measure and produced to the Customer’s specific requirements.
4 Goods
4.1 The Goods are described in the Supplier’s Quotation and/or Order Confirmation.
4.2 To the extent that the Goods are to be manufactured in accordance with a Specification supplied by the Customer, the Customer shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the Supplier in connection with any claim made against the Supplier for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Supplier’s use of the Specification. This clause 4.2 shall survive termination of the Contract.
4.3 The Supplier reserves the right to amend the Specification and Order Confirmation if required by any applicable statutory or regulatory requirement, and the Supplier shall notify the Customer in any such event.
5 Delivery
5.1 Once the Supplier has received payment in cleared funds for the full price of the Goods (or such other proportion of the price as the Supplier may in its discretion agree) the Supplier will contact the Customer with an estimated delivery date for the Goods. If this date is not convenient for the Customer, it must notify the Supplier by email within 48 hours.
5.2 The Supplier does not deliver to areas outside the UK mainland (including the Isle of Wight, Isle of Man, Northern Ireland, the Channel Islands or the northern highlands of Scotland).
5.3 The Supplier shall deliver the Goods to the location set out in the Order Confirmation or such other location as the parties may agree (Delivery Location) at any time on or after the estimated delivery date of which the Supplier has notified the Customer.
5.4 Delivery is completed on the completion of unloading of the Goods at the Delivery Location and the Goods will be the Customer’s responsibility and at the Customer’s risk from that time. The Supplier is not responsible for taking the Goods inside any property.
5.5 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
5.6 If the Supplier fails to deliver the Goods at all (i.e. is not merely delayed), its liability shall be limited to the costs and expenses incurred by the Customer as a direct result of that failure, save that the Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
5.7 If the Customer fails to accept delivery of the Goods on or at any time after the estimated delivery date given to it by the Supplier, 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 in respect of the Goods:
5.7.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the day after the day on which the Supplier tried to deliver them; and
5.7.2 the Supplier shall store the Goods until actual delivery takes place and charge the Customer for all related costs and expenses (including storage, insurance and additional delivery costs).
5.8 If ten Business Days after the day on which the Supplier notified the Customer that the Goods were ready for delivery or the Supplier first tried to deliver them, the Customer has not accepted actual delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.
5.9 The Supplier may deliver the Goods in instalments. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
6 Title
6.1 Title to the Goods shall not pass to the Customer until the earlier of:
6.1.1 the Supplier receives payment in full (in cleared funds) for the Goods and any other goods that the Supplier has supplied to the Customer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sum; and
6.1.2 the Customer resells the Goods, in which case title to the Goods shall pass to the Customer at the time specified in clause 6.3.
6.2 Until title to the Goods has passed to the Customer, the Customer shall:
6.2.1 store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier’s property;
6.2.2 not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
6.2.3 maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
6.2.4 notify the Supplier immediately if it becomes subject to any of the events listed in clause 10.3.2 to clause 10.3.4; and
6.2.5 give the Supplier such information as the Supplier may reasonably require from time to time relating to:
6.2.5.1 the Goods; and
6.2.5.2 the ongoing financial position of the Customer.
6.3 Subject to clause 6.4, the Customer may resell or use the Goods in the ordinary course of its business (but not otherwise) before the Supplier receives payment for the Goods. However, if the Customer resells the Goods before that time:
6.3.1 it does so as principal and not as the Supplier’s agent; and
6.3.2 title to the Goods shall pass from the Supplier to the Customer immediately before the time at which resale by the Customer occurs.
6.4 At any time before title to the Goods passes to the Customer, the Supplier may:
6.4.1 by notice in writing, terminate the Customer’s right under clause 6.3 to resell the Goods or use them in the ordinary course of its business; and
6.4.2 require the Customer to deliver up all Goods in its possession that have not been resold, or irrevocably incorporated into another product and if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.
7 Guarantee
7.1 The Supplier warrants the Goods upon and subject to the terms of the Guarantee Document and this clause 7 (“Guarantee”).
7.2 The Supplier guarantee to the Customer that the various components of the Goods as specified in the Guarantee Document will not suffer the corresponding types of damage listed under the heading “Coverage & Limitations” in the Guarantee Document, subject to the limitations specified under the same heading.
7.3 In the unlikely event that there is any defect with the Goods which falls within the Guarantee:
7.3.1 the Customer must contact the Supplier via email as soon as reasonably practicable after discovering the defect;
7.3.2 the Customer must allow the Supplier a reasonable opportunity to repair or fix any defect; and
7.3.3 the Supplier will make reasonable efforts to repair or fix the defect as soon as reasonably practicable.
7.4 The Guarantee shall commence on the date that the Goods are delivered to the Customer and shall continue until the end of the period specified under the heading “Guarantee Period” in the Guarantee Document.
7.5 The Guarantee does not apply to any defect in the Goods arising from:
7.5.1 fair wear and tear;
7.5.2 accidental damage (including glass breakages), wilful damage, abnormal storage or working conditions, or negligence by the Customer or by any third party;
7.5.3 misuse, neglect, lack of maintenance or from causes beyond the Supplier’s control (such as fire, flooding, criminal damage etc);
7.5.4 internal condensation caused by excess moisture in the domestic environment or external condensation which can occur in certain climatic;
7.5.5 mechanical abrasion;
7.5.6 penetration of insects, misting or mould growth;
7.5.7 incorrect installation;
7.5.8 the Customer’s failure to operate or use the Goods in accordance with the user instructions or any guidelines supplied by the Supplier;
7.5.9 any alteration or repair by the Supplier or by a third party who is not one of the Supplier’s authorised repairers;
7.5.10 any specification provided by the Customer;
7.5.11 minor imperfections in and on glass arising from manufacturing outside the scope of visual quality standards;
7.5.12 acts of God; and
7.5.13 any exclusions specified in the Guarantee Document.
7.6 The Customer must notify the Supplier by email of any defects in the Goods within 28 days of discovery of the defect, quoting the Customer’s Order number.
7.7 The Customer is not entitled to claim under the Guarantee if any one or more of the following apply:
7.7.1 the Customer does not carry out the maintenance specified in the Guarantee Document;
7.7.2 the Customer’s use of the Goods takes place in a location where weather and/or the environmental conditions are outside of the UK mainland parameters that the Goods have been tested to;
7.7.3 the Customer has not paid for the Goods in full;
7.7.4 the Customer does not provide the Order number when the Customer submits their claim under the Guarantee;
7.7.5 the Goods have been installed outside of the UK mainland (as described in clause 2.6).
7.8 The Supplier’s liability under the Guarantee shall be to repair or replace the relevant component of the Goods, or to refund the price of such defective components as the Supplier decide in the Supplier’s sole discretion. In no circumstances shall the Supplier’s liability under this Guarantee exceed the replacement value of the defective part of the Goods.
7.9 The Guarantee does not apply to Orders accepted from or Goods installed at addresses outside the UK mainland.
7.10 The Guarantee is not transferable.
7.11 If the Supplier is called out to the property where the Goods are located and there is no defect with the Goods or one of the exclusions to the Guarantee applies, the Supplier reserves the right to charge a call out fee. The Supplier will provide information about those charges to the Customer before the Supplier attends the property where the Goods are located.
8 Price and Payment
8.1 The price of the Goods will be set out in the Order Confirmation.
8.2 The price includes VAT. However, if the rate of VAT changes between the date that the Order Confirmation is issued and the date of delivery, the Supplier will adjust the rate of VAT that the Customer pays, unless the Customer have already paid for the Goods in full before the change in the rate of VAT takes effect.
8.3 The prices for the delivery costs are usually shown separately on the Order Confirmation but are included in the total overall price specified in the Order Confirmation which is the price the Customer pays to the Supplier.
8.4 It is possible that, despite the Supplier’s efforts, some of the Goods may be incorrectly priced in error. The Supplier will normally check prices as part of the Supplier’s order processing procedure so that, where the Goods’ correct price is less than the Supplier’s stated price, the Supplier will charge the lower amount when dispatching the Goods to the Customer.
8.5 If the Goods’ correct price is higher than the price stated in the Order Confirmation, the Supplier will contact the Customer to inform the Customer of this and the Supplier will wait for the Customer’s instructions. The Customer may either cancel the Order and receive a full refund of any deposit paid, or confirm that it wishes to proceed at the higher price in which case the Supplier shall specify the payment terms applicable to the remaining balance of the purchase price. The Supplier does not have to provide the Goods to the Customer at the incorrect (lower) price.
8.6 The deposit referred to in clause 2.3 is non-refundable expect where expressly stated otherwise in these Conditions.
8.7 The Customer shall pay to the Supplier the price for the Goods in full in advance of the estimated delivery date (as notified by the Supplier to the Customer), in cleared funds to a bank account nominated in writing by the Supplier. Time for payment shall be of the essence of the Contract.
8.8 If the Customer fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Customer’s remedies under clause 10, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 8.8 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
8.9 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
9 Limitation of Liability
9.1 The restrictions on liability in this clause 9 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
9.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
9.2.1 death or personal injury caused by negligence;
9.2.2 fraud or fraudulent misrepresentation;
9.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
9.2.4 defective products under the Consumer Protection Act 1987.
9.3 Subject to clauses 9.2 and 9.4, the Supplier’s total liability to the Customer shall not exceed the price paid for the Goods.
9.4 Subject to clause 9.2, the following types of loss are wholly excluded from the Supplier’s liability:
9.4.1 loss of profits;
9.4.2 loss of sales or business;
9.4.3 loss of agreements or contracts;
9.4.4 loss of anticipated savings;
9.4.5 loss of use or corruption of software, data or information;
9.4.6 loss of or damage to goodwill; and
9.4.7 indirect or consequential loss.
9.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are to the fullest extent permitted by law, excluded from the Contract.
9.6 The Supplier only supplies the Goods for use in domestic premises. The Customer agrees not to use the Goods in commercial or industrial premises.
9.7 This clause 9 shall survive termination of the Contract.
10 Termination **PLEASE ENSURE YOU HAVE READ CLAUSE 10.1 CAREFULLY**
10.1 As explained above, as the Goods are made specifically to the Customer’s requirements, the Customer will not be able to amend or cancel the Order once it has been accepted by the Customer in accordance with clause 2.3.
10.2 The Supplier may have to cancel an Order in whole or in part at any time before any of the Goods are delivered, due to the unavailability of stock. If this happens:
10.2.1 the Supplier will promptly contact the Customer;
10.2.2 if the Customer has made any payment in advance for Goods that have not been delivered to the Customer, the Customer will refund these amounts to the Customer; and
10.2.3 the Supplier will not charge the Customer anything in respect of any Goods which cannot be delivered.
10.3 Without limiting its other rights or remedies, the Supplier may terminate this Contract with immediate effect by giving written notice to the Customer if:
10.3.1 the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so;
10.3.2 the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
10.3.3 the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business;
10.3.4 the Customer’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.
10.3.5 the Customer does not, within a reasonable time of the Supplier asking for it, provide the Supplier with information that is necessary for the Supplier to provide the Goods, for example, the Customer’s address or measurements for the Goods; or
10.3.6 the Customer does not, within a reasonable time, allow the Supplier to deliver the Goods to the Customer.
10.4 Without limiting its other rights or remedies, the Supplier may suspend provision of the Goods under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 10.3.2 to 10.3.4 or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.
10.5 Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.
10.6 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all outstanding amounts in respect of the Goods and any applicable interest.
10.7 Termination of the Contract, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
10.8 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.
11 Force Majeure
11.1 Neither party shall be liable to the other party for delay or failure to perform any obligations under this Contract where such delay or failure is caused by any event not within the relevant party’s reasonable control including, without limitation:
11.1.1 acts of God, flood, drought, earthquake or other natural disaster;
11.1.2 epidemic or pandemic;
11.1.3 terrorist attack, civil war, civil commotion or riots, war, threat of or preparation of war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
11.1.4 nuclear, chemical or biological contamination or sonic boom;
11.1.5 any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota, prohibition, lockdown, curfew, or restrictions on movement and meetings;
11.1.6 collapse of buildings, fire, explosion or accident; and
11.1.7 any labour or trade dispute, strikes, industrial action or lockouts.
11.2 Nothing in this clause will exclude the Customer’s liability to pay for any amounts due under the Contract.
11.3 If a Force Majeure Event takes place that affects the performance of the Supplier’s obligations under these Conditions:
11.3.1 The Supplier will contact the Customer as soon as reasonably possible to notify the Customer; and
11.3.2 The Supplier’s obligations under these Conditions will be suspended and the time for performance of the Supplier’s obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects delivery of Goods to the Customer, the Supplier will arrange a new delivery date with the Customer after the Force Majeure Event.
11.4 If the said event continues for more than 60 days the Supplier may give to the Customer not less than 30 days’ notice to terminate this Contract.
12 General
12.1 Assignment and other dealings.
12.1.1 The Supplier may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.
12.1.2 The Customer may not assign, transfer, mortgage, charge, subcontract, delegate, 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.
12.2 Confidentiality.
12.2.1 Each party undertakes that it shall not at any time and for a period of two years after termination of the Contract, disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other party, except as permitted by clause 12.2.2.
12.2.2 Each party may disclose the other party’s confidential information:
12.2.2.1 to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 12.2; and
12.2.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
12.2.3 Neither party shall use the other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Contract.
12.3 Entire agreement.
12.3.1 The Contract constitutes the entire agreement between the parties.
12.3.2 Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
12.4 Variation. No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
12.5 Waiver.
12.5.1 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
12.5.2 A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
12.6 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision of the Contract is deemed deleted under this clause 12.6 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
12.7 Notices.
12.7.1 Any notice given to a party under or in connection with the Contract shall be in writing and shall be:
12.7.1.1 sent by email to the following addresses (or an address substituted in writing by the party to be served):
Customer: sales@colinssashwindows.co.uk
Customer: the email address to which the Order Confirmation was sent.
12.7.2 Any notice shall be deemed to have been received at 8.00am (UK time) on the first Business Day after the email was sent.
12.7.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
12.8 Third party rights. The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
12.9 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.
12.10 Jurisdiction. 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 the Contract or its subject matter or formation.

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