Quote 2

26 March 2014

Dear Dave

I have pleasure in enclosing a quotation for supply of the Rainwater Recovery System for your project at Ashley
County Council Rainwater Harvesting System.

We are pleased that you have chosen to consider working with Stormsaver and would like to thank you for this
opportunity to be involved in this project. We have looked carefully at the details of the site and our recommendations
are enclosed within. On the following pages you will find;

  1. A brief synopsis of relevant site design details and project requirements.

  2. Our specification and quotation for the Stormsaver system which has been designed to suit the site at Ashley
    County Council Rainwater Harvesting System.

  3. Information on optional extras which can be included in your specification

  4. A schematic drawing of the system

  5. Brief technical details and installation requirements.

Full Terms and conditions are available on request.

We hope that this provides sufficient information for your company to assess the costs and benefits of including the
Stormsaver system as an essential part of your building design. If you have any queries about our proposal or would
like to discuss the site in person with one of our technical team, please do not hesitate to contact me.

With kind regards

Hannah Dennis
Project Estimator

PROPOSAL FOR STORMSAVER SYSTEM AT ASHLEY CRICKET CLUB

Date:

26 March 2014

Contact:

Dave Twiney – Ashley CC

Type of system:

BELOW GROUND Pressurised

Reference Number:

1009718QN01

Roof Area

730 m2

Appliances

Qty Type

1 Irrigation

Item

Description

Quantity

Product Code:

Technical Description

Pre-Tank Filter

Stormsaver integrated
vortex filter for 100mm
drainage on 1.5m dia.

1

1/SVF/1.5/100

Integrated vortex filter, pre fitted inside main
storage tank, to remove leaves and other debris
prior to rainwater entering the main body of the
tank. Suitable for 100mm drainage on 1.5m

diameter tank.

Storage Tank

7500L Underground
GRP Storage Tank 1.5
dia

1

5/UC/7.5X1.5

Concrete surround, 7,500L capacity. Dimensions
4650mm length x 1500mm dia. Stainless steel
inlet calmer, low level warning and flow control.

Inlet Size

100mm diameter inlet
into storage tank with
inlet diffuser

1

10/IC/100

100mm diameter inlet into storage tank with inlet
diffuser.

Overflows

100mm diameter
overflow from UG tank

1

10/OF/100

100mm diameter overflow from the underground
storage tank.

Service Ducts

2 x 100mm

1

10/SD/100

2 x 100mm

Access Turret

Inclusive Turret 600dia
x 1000mm

2

10/TT/1×0.6X1.0

1 section @ 600mm dia. x 1000mm length. GRP
Construction

Tank Cover

Pedestrian Duty Cover –
600mm x 600mm
INCLUSIVE

2

10/TC/PD/600

Inclusive 600 x 600mm pedestrian bolt down duty
cover.

Tank Optional
Extras

110mm dia Back
pressure flap

1

10/BPF/110

To prevent water backflowing through the
overflow. Unit is supplied fitted in the tank
overflow. This item is required to meet
BS8515:2009.

Tank
Management

Duty Standby M40/08
Pump and Floating
Suction Filter Kit –
0.75m

1

11/2XM40/08/0.75

2 x M40/08 stainless steel submersible pumps
with lifting rope, floating suction extraction filter
(coarse). Max Q 1.3l/s and Max H 4.8 bar per
pump

Processor Unit

2PPRESS Standard
Processor Unit

1

15/B/2PPRESS

Standard Processor unit, Intelligent controlled for
2 pumps and 1 pressure vessel, Flow rate 1/L
sec. Board mounted unit containing, electrical
control panel, auto mains backup, system
electrics, pressure set, auto controls.

Pressure Vessel

Pressure Vessel 300L

1

13/PV300

300L pressure vessel. Provides a small amount of
back up and protection for the pump in event of a
power failure.

BMS

Connections

BMS outputs common
alarm

1

17/BMS1

Common output connection to your BMS system.
One alarm will be raised if any of the following
errors occur: Zero flow, clean filter, Pump
Overload.

This output is free of charge.

Additional Items

Pressurised Mainswater
Kit

1

18/MWK/PRESS

Pressurised Mainswater Airbreak kit, WRAS
compliant. Includes solenoid, tundish and 20%
float switch

Commissioning

Commissioning – Green
up to 4HT

1

31/COM/G1

Includes 1 day on site time to commission system
on completion of the installation by others

Delivery

Delivery Red Area 3 –
Up to 5m

1

30/DEL/R3/1

Of all equipment listed in the quotation (UK
mainland)

Total: £7553.33

Rainwater in this system can not be used for drinking purposes.

Quotation does not include pipe or cables between Stormsaver” rain processor and tank and is on a supply only basis

Total price quoted is ex-VAT and exclusive of works. It is the customer/ contractor s responsibility to remove any equipment from delivery vehicle.

Unless stated otherwise one site meeting is included within the quote. Any additional site meetings, site-specific drawings, commissioning, installation works are not
included within the quotation and are subject to an additional fee.

Delivery 28 days from receipt of approved drawings . Quote valid for 30 days from above date.

Payment Terms: Strictly payment before delivery unless credit facilities are in agreed

Full Terms and Conditions available upon request

Optional Extras and added value products

UV Disinfection

The Stormsaver UV disinfection unit provides additional protection where the water supply is for occupants who could
be considered vulnerable e.g the young, elderly or ill. Also recommended for spray irrigation systems. Options to
connect to BMS system are available if requested.

[ ] (tick to include)

The Stormsaver educational package – Exclusive to Stormsaver!

The National Curriculum now includes Sustainable Development as a key part of learning in our schools. Therefore
we have designed a unique education package which includes a monitoring unit showing mains and rainwater
consumptions and tank storage levels. We also have a 100 page book full of information on all areas of water
conservation, quizzes, activities, case studies, places to visit, publications and comprehensive teachers notes on how
to integrate this within lessons.

[ ] (tick to include)

Stormsaver Commercial monitoring unit

Stormsaver provide a range of monitoring units suitable for commercial offices or public buildings, where your client is
keen to promote their efforts towards sustaining the environment.

[ ] (tick to include)

Building Management System (BMS) connections

Most new buildings have a BMS system, allowing them to control and monitor the performance of the building. The
Monsoon system has plug in connections (no wiring required) allowing remote operation for features such as tank
drain (maintenance and un-occupation), system error warning, tank level gauges.

[ ] (tick to include)

Duty Standby Pumps

Including a duty standby pump will increase the life of your tank management equipment and provide back up in the
unlikely event of a pump failure.

[ ] ( tick to include)

Stormsaver labels and identification tape

We have a range of identification tape for pipework, showing the rainwater supply, as well as a variety of labels and
stickers for points of use. Suitable for commercial buildings and schools, where the labels provided are simple and
fun.

[ ] (tick to include)

Service and maintenance contracts

If you want peace of mind that your system is being regularly maintained by professionals, chose one of Stormsaver’s
flexible service and maintenance contracts, available with 6 monthly or annual visits. Alternatively, we can offer
training to your maintenance staff if you already have a contract set up.

[ ] (tick to include)
Stormsaver Services

We are pleased to include within your proposal one FREE site visit at a time of your choice, FREE installation
guidance over the telephone and installation manuals for all contractors and sub contractors involved in the
installation.

image

CONDITIONS OF SALE

  1. Interpretation
    In these Conditions:

    1. BUYER means the legal entity who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods
      is accepted by the Seller.
    2. GOODS means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in
      accordance with these Conditions.
    3. SELLER means Stormsaver Ltd 7-8 Roewood Courtyard Winkburn Newark Nottinghamshire NG22 8PG.
    4. CONDITIONS means the standard terms and conditions of sale set out in this document and (unless the context otherwise
      requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller.
    5. CONTRACT means the contract for the purchase and sale of the Goods.
    6. WRITING includes facsimile transmission and comparable means of communication but not email.
    7. Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as
      amended, re-enacted or extended at the relevant time.
    8. The headings in these Conditions are for convenience only and shall not affect their interpretation.
  2. Basis of the sale

    1. The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is
      accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller, subject in either case to these
      Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such
      quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
    2. No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the
      Buyer and the Seller.
    3. The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by
      the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations
      which are not so confirmed.
    4. Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to
      the installation, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon
      entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which
      is not so confirmed.
    5. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice,
      instruction, manual or other document or information issued by the Seller shall be subject to correction without any liability
      on the part of the Seller.
  3. Orders and specifications

    1. No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the
      Seller’s authorised representative.
    2. The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable
      specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a
      sufficient time to enable the Seller to perform the Contract in accordance with its terms. For the avoidance of doubt, the
      Seller shall not and does not undertake any design work in respect of the Goods or in connection with any matters
      associated with the Goods or their installation or operation.
    3. Any efficiency charts or water saving calculations are estimates only and cannot be guaranteed and the Seller accepts no
      responsibility for any variants in the estimates to the actual savings achieved. Factors such as rainfall rates, evaporation,
      filter blinding, debris in system are all variable and out of the Sellers control and will affect the amounts of rainfall which can
      be stored and re-used. The Seller is not contractually bound to achieve specific financial savings as estimated within our
      quotation.
    4. The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller’s quotation (if
      accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).
    5. The Seller cannot guarantee the water quality provided by the Goods. A variety of contaminants may enter the system
      including but limited to natural debris, sediment, bacterial elements, material elements, building materials and these are out
      of the control of the Seller. The Seller shall not be held responsible for poor water quality as a result of, but not limited to any
      of these contaminants, or for poor water quality as a result of any installation and pre-commissioning works carried out by
      the Buyer. Responsibility for a continued high standard of water quality post commissioning is that of the end user and can
      be achieved by carrying out maintenance on the Goods as per the operation and maintenance manual supplied by the
      Seller. Water quality may also be affected by lack of maintenance of the goods and environment in and around the building
      and it is the responsibility of the end user to ensure these are maintained to a high standard.
    6. If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a
      specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expensesawarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any
      claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any
      other person which results from the Seller’s use of the Buyers specification.
    7. The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any
      applicable statutory or EC requirements or, where the Goods are to be supplied to the Seller’s specification, which do not
      materially affect their quality or performance.
    8. No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the
      Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including
      the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
      These charges shall be based upon, but not limited to, the following cancellation charge structure: 10% cancellation charge
      where an order has been processed through the accounts department and confirmation sent to client, working drawings
      produced and sent ;15% cancellation charge where an order has been processed through the accounts department and
      confirmation sent to client, working drawings produced and sent and manuals have been produced and sent; 25%
      cancellation charge where approved drawings have been signed and sent back to the Seller and manufacture has
      commenced; 50% cancellation charge where goods are manufactured, in stock and ready for delivery or deliveries have
      been arranged; 55% cancellation charge where goods have been delivered and then returned to the Seller. The parties
      agree that these charges are a genuine pre-estimate of the loss of profit that is likely to be suffered by the Seller in the event
      of cancellation and are not a penalty.
  4. Price of the goods

    1. The price of the Goods (“the Price”) shall be the Seller’s quoted price or, where no price has been quoted (or a quoted price
      is no longer valid), the price listed in the Seller’s published price list current at the date of acceptance of the order. In the
      event that the Buyer wishes the Seller to commission the Goods in accordance with Clause 10, any charge to be made by
      the Seller will be charged to the Buyer in addition to the Price.
    2. Where the Goods are supplied for export from the United Kingdom, the Seller’s published export price list shall apply. All
      prices quoted are valid for 30 days only or until earlier acceptance by the Buyer, after which time the Seller may alter them
      without giving notice to the Buyer.
    3. The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the Price to reflect any
      increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any
      foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or
      other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by
      the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate
      information or instructions.
    4. Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in
      Writing between the Buyer and the Seller, all prices are given by the Seller on an ex works basis, and where the Seller
      agrees to deliver the Goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charges for
      transport, packaging and insurance.
    5. The Price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller.
    6. The cost of any pallets and returnable containers will be charged to the Buyer in addition to the Price, but full credit will be
      given to the Buyer provided they are returned undamaged to the Seller before the due payment date.
  5. Terms of payment

    1. Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller shall be entitled to invoice the
      Buyer for the Price and any further charges the Buyer is liable to pay on acceptance of the Buyer’s order by the Seller or
      acceptance of the Seller’s quotation by the Buyer.
    2. payment of the invoice shall be as follows:
      1. First payment; on a proforma basis unless otherwise agreed in writing. This payment will be deducted from the final
        invoice.
      2. Second payment (applicable if the Goods are to be delivered in instalments) to the value of the goods delivered
      3. Final payment; the balance of any sum due to the Seller on completion of the delivery of any remaining Goods, less any
        deposit paid.
    3. Save for the payment referred to at Paragraph 5.2.1 above (which shall be payable forthwith) The Buyer shall pay the
      Seller’s invoice (without any other deduction) within 30 days of the date of the invoice, and the Seller shall be entitled to
      recover the same, notwithstanding that property in the Goods has not passed to the Buyer. The time of payment of the
      invoice shall be of the essence of the Contract. Receipts for payment will be issued only upon request. The Seller reserves
      the right to withhold commissioning of the system or issue subsequent reports and documentation until payment of all
      outstanding invoices is settled, even if these are within terms.
    4. If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the
      Seller, the Seller shall be entitled to:
      1. cancel the contract or suspend any further deliveries to the Buyer;
      2. appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract
        between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer);
        and
      3. charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 6 per cent per annum
        above HSBC Bank base rate from time to time, until payment in full is made (a part of a month being treated as a full
        month for the purpose of calculating interest).
  6. Delivery

    1. Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller
      has notified the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed by the Seller, by
      the Seller delivering the Goods to that place.
    2. Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of
      the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the
      Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable
      notice to the Buyer.
    3. Goods may be delivered on a variety of vehicle types and the Seller cannot guarantee what type of vehicle the Goods will
      arrive on but, without placing any legal obligation on the Seller, the Seller will attempt to notify the Buyer as to the type of
      vehicle being used for deliveryof the Goods in advance. Vehicles do not come with offloading equipment unless otherwise
      stated in the quotation.
    4. The Seller cannot guarantee a timed delivery slot and will not be held responsible for any costs incurred by the Buyer relating
      to delivery including but not limited to equipment hire, materials or labour.
    5. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the
      Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in
      respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
    6. If the Seller fails to deliver the Goods (or any instalment) or fails to commission the Goods for any reason other than any
      cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the
      Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar
      goods to replace those not delivered over the price of the Goods or (in the case of the Seller’s failure to commission the
      Goods) for the reasonable costs of an alternative contractor undertaking the same.
    7. All quotations are inclusive of 1 hours standing time by the delivery driver and the Seller reserves the right to charge for
      additional waiting time over and above that included, for any reason including but not limited to site delays or offloading
      equipment not being ready for the delivery. The Seller also reserves the right to abort the delivery after a reasonable amount
      of waiting time, without notice where the Buyer fails to remove the Goods from the delivery vehicle for any reason.
    8. Where the Buyer cancels the delivery of the Goods, but the Goods are already in transit, the Buyer will be liable for the costs
      of delivery, storage and re-delivery (including insurance) until actual delivery on an alternative date. The Seller will not be
      responsible for any site delays or associated costs which may result in an additional lead time for an alternative delivery
      date.
    9. If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for
      delivery (otherwise than by reason of any cause beyond the Buyers reasonable control or by reason of the Seller’s fault)
      then, without prejudice to any other right or remedy available to the Seller, the Seller may:
      1. store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
      2. charge the Buyer for delivery of the Goods to a storage facility, and redelivery of the goods on an alternative date
      3. sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses)
        account to the Buyer for the excess over the Price or charge the Buyer for any shortfall below the Price.
    10. Where there has been an aborted delivery the Seller shall not be responsible for any additional costs including but not
      limited to delays on site due to additional lead times for re-delivery, equipment hire, cost of materials, such as concrete,
      labour and any associated works.
    11. The Buyer must notify the Seller at least 3 days prior to the delivery date of any specific requirements for identity or site
      inductions which may add to or delay the delivery times. The Seller cannot be held responsible for any delays to the delivery
      relating to identity requirements or inductions where notification has not been supplied to the Seller in writing, or at late
      notice.
  7. Risk and property

    1. Risk of damage to or loss of the Goods shall pass to the Buyer:
      1. in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the
        Goods are available for collection; or
      2. in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer
        wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
      3. For the avoidance of doubt, in the case of Goods to be delivered otherwise than at the Seller’s premises, risk of damage
        or loss of the Goods shall pass to the Buyer before the Goods are offloaded from any means by which they have been
        transported.
    2. Where there has been damage to the Goods in transit, the Seller shall not be responsible for any additional costs including
      but not limited to delays on site due to additional lead times for re-delivery, equipment hire, cost of materials, such as
      concrete, labour and any associated works.
    3. It is the Buyers responsibility to provide safe and appropriate offloading equipment to remove the Goods from the delivery
      vehicle and should allow for the length and weight of the Goods and support the load fully. It is the Buyers responsibility tocarry out a site specific risk assessment, including but not limited to the provision of a bankman and qualified workforce to
      remove and supervise offloading of the Goods from the delivery vehicle
    4. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, title in the Goods
      shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods
      and all other charges for which payment is then due.
    5. Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary
      agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored,
      protected and insured and identified as the Seller’s property, but the Buyer shall be entitled to resell or use the Goods in the
      ordinary course of its business.
    6. Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not
      been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the
      Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and
      repossess the Goods.
    7. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods
      which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without
      prejudice to any other right or remedy of the Seller) forthwith become due and payable.
  8. Warranties and liability

    1. Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time
      of delivery and will be free from defects in material and workmanship for a period of 12 months from the date of their initial
      use or 12 months from delivery, whichever is the first to expire.
    2. The above warranty is given by the Seller subject to the following conditions:
      1. the Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification
        supplied by the Buyer;
      2. the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence,
        abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), failure to commission or
        maintain the Goods properly, or misuse or alteration or repair of the Goods without the Seller’s approval;
      3. the Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total
        price for the Goods has not been paid by the due date for payment;
      4. the above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which
        the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the
        Seller.
      5. the Seller shall be under no liability in respect of any labour or remedial work charges where a faulty item has been
        returned to the Seller by the Buyer and a replacement item issued.
    3. Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer
      (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or
      common law are excluded to the fullest extent permitted by law.
    4. Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on
      Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions.
    5. Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond
      with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 days from the date
      of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after
      discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer
      shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be
      bound to pay the price as if the Goods had been delivered in accordance with the Contract.
    6. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or
      their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to
      replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of
      the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
    7. Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by
      reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common
      law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss
      of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of
      the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use
      or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price
      of the Goods, except as expressly provided in these Conditions.
    8. The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing,
      or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause
      beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded
      as causes beyond the Seller’s reasonable control:
      1. Act of God, explosion, adverse weather conditions, flood, tempest, fire or accident;
      2. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
      3. acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental,
        parliamentary or local authority;
      4. import or export regulations or embargoes;
      5. strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third
        party);
      6. difficulties in obtaining raw materials, labour, fuel, parts or machinery;
      7. power failure or breakdown in machinery.
  9. Insolvency of buyer

    1. This clause applies if:
      1. the Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being
        a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of
        amalgamation or reconstruction); or
      2. an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
      3. the Buyer ceases, or threatens to cease, to carry on business; or
      4. the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and
        notifies the Buyer accordingly.
    2. If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to
      cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods
      have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous
      agreement or arrangement to the contrary.
  10. Commissioning of the Goods

    1. If the Seller agrees with the Buyer to commission the Goods after their installation by or on behalf of the Buyer, the Seller
      may (at its sole discretion) make a charge for doing so which charge may either be included in the price of the Goods or
      may be invoiced separately.
    2. In order for the Seller to commission the Goods, the Buyer shall ensure that they have been competently installed and in
      accordance with any instructions given by the Seller, and that the place of installation is reasonably clean, properly lit and
      reasonably accessible so as to enable the Seller to undertake the commissioning within a reasonable time.
    3. If it is not possible for the Seller to commission the Goods within a reasonable time or at all due to a breach of clause 10.2
      theSeller reserves the right to make a charge in respect of any attempt to do so whether or not the Goods have been
      commissioned either in part or at all.
  11. General

    1. Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed
      to that other party at its registered office or principal place of business or such other address as may at the relevant time
      have been notified pursuant to this provision to the party giving the notice.
    2. No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent
      breach of the same or any other provision.
    3. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the
      validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
    4. The laws of England shall govern the Contract, and the Buyer agrees to submit to the non-exclusive jurisdiction of the
      English courts.