Terms and Conditions

1. Interpretation

1.1 Definitions

In these Conditions, the following definitions apply:

Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 12.6.

Confidential Information: means any information (however recorded or preserved) which: a party may have or acquire (whether before or after the date of this agreement) in relation to the customers, suppliers, business, assets or affairs or plans, intentions or market opportunities and the operations, processes, product information or specification, Intellectual Property, know-how, designs, trade secrets or software of SEC; or either party may have or acquire (whether before or after the date of this agreement) in relation to the assets or affairs of the other party as a consequence of the negotiations relating to this agreement or any other agreement or document referred to in this agreement or the performance of the agreement or any other agreement or document referred to in this agreement; or relates to the contents of this agreement (or any agreement or arrangement entered into pursuant to this agreement).

Contract: the contract between SEC and the Customer for the sale and purchase of the Goods in accordance with these Conditions.

Customer: the person or firm who purchases the Goods from SEC.

Force Majeure Event: has the meaning given in clause 11.

Goods: the goods (or any part of them) set out in the Order.

Intellectual Property: All trade marks, trade names, copyrights, and other intellectual property rights and designs in relation to the Goods supplied by or on behalf of SEC shall be and remain the property of SEC and the Customer will not at any time claim any right or property therein or register or cause to be registered in any part of the world any trade mark, trade name, copyright or design similar to or a colourable imitation of any trade mark, trade name, copyright or design which is the property of SEC.

Intellectual Property Rights: means (a) any and all rights (whether or not registered or registrable) subsisting in any jurisdiction in any patents, trade marks, service marks, registered designs, applications (and rights to apply for any of those rights), trade, business and company names, internet domain names and email addresses, unregistered trade marks and service marks, copyrights, database rights, know-how, trade and other secrets, rights in designs and inventions; (b) rights under licences, consents, orders, statutes or otherwise in relation to a right in paragraph (a); (c) rights of the same or similar effect or nature as or to those in paragraphs (a) and (b) which now or in the future may subsist; and (d) the right to sue for past infringements of any of the foregoing rights.

Order: in the Customer’s purchase order form, the Customer’s written acceptance of SEC’s quotation, or overleaf, as the case may be.

SEC: Sandfield Engineering Company Limited (registered in England and Wales with company number 00847205).

Specification: any specification for the Goods, including any related plans and drawings, that is agreed in writing by the Customer and SEC.

1.2 Construction

In these Conditions, the following rules apply:

A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
A reference to a party includes its personal representatives, successors or permitted assigns.
A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
A reference to writing or written includes faxes and e-mails.

2. Basis of contract

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 trade, custom, practice or course of dealing.
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.
The Order shall only be deemed to be accepted when SEC issues a written acceptance of the Order or does anything consistent with fulfilling the Order, at which point the Contract shall come into existence.
The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of SEC which is not set out in the Contract.
Any samples, drawings, descriptive matter, or advertising produced by SEC and any descriptions or illustrations contained in SEC’s catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
A quotation for the Goods given by SEC shall not constitute an offer. A quotation shall only be valid for a period of 20 Business Days from its date of issue.

3. Goods

The Goods are described in SEC’s catalogue as modified by any applicable Specification.
To the extent that the Goods are to be manufactured in accordance with a Specification supplied by the Customer, the Customer shall indemnify SEC 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 reasonable professional costs and expenses) suffered or incurred by SEC in connection with any claim made against SEC for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with SEC’s use of the Specification. This clause 3.2 shall survive termination of the Contract.
SEC reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.
All Intellectual Property and Intellectual Property Rights subsisting in the Goods and any other materials provided by SEC to the Customer shall remain the sole property of SEC and the Customer will not at any time claim any right or property therein or register or cause to be registered in any part of the world any trade mark, trade name, copyright or design similar to or a colourable imitation of any trade mark, trade name, copyright or design which is the property of SEC.
The Customer undertakes with SEC that subject as otherwise provided it shall not during the continuance of this Agreement and for a period of ______ years after its termination, either on its own account or in conjunction with or on behalf of any person, firm or company, carry on or be engaged, concerned or interested (directly or indirectly) in manufacturing for sale in competition with SEC any Goods to any person firm or company except with the prior written consent of SEC signed by 2 directors. The restriction contained in this clause, as qualified by the exceptions contained therein, are considered reasonable by the Customer, but in the event that any such restriction shall be found to be void or voidable but would be valid if some part or some parts thereof were deleted or a period or area of application reduced, such restriction shall apply with such modification as may be necessary to make it valid and effective.

4. Delivery

SEC shall ensure that:
1. each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and SEC reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), and if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
2. if SEC requires the Customer to return any packaging materials to SEC, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as SEC shall reasonably request. Returns of packaging materials shall be at SEC’s expense.
SEC shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after SEC notifies the Customer that the Goods are ready.
Delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Location.
Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. SEC 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 SEC with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
If SEC fails to deliver the Goods within a period equal to a multiplier of three times the delivery period (the delivery period in this case shall begin on the date the Order was accepted and shall end on the target delivery date), its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. SEC 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 SEC with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
If the Customer fails to take delivery of the Goods within five Business Days of SEC notifying the Customer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or SEC’s failure to comply with its obligations under the Contract:
1. delivery of the Goods shall be deemed to have been completed at 9.00 am on the fifth Business Day after the day on which SEC notified the Customer that the Goods were ready; and
2. SEC shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
If 10 Business Days after the day on which SEC notified the Customer that the Goods were ready for delivery the Customer has not taken delivery of them, SEC 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.
The Customer shall not be entitled to reject the Goods if SEC delivers up to and including 5% more or less than the quantity of Goods ordered. SEC shall at its discretion either make up any shortfall or adjust the contract price pro rata to the discrepancy, provided that it is notified in writing of the shortfall within 7 days of delivery and is given the opportunity, if required to examine the Goods before they are used or resold by the Customer.
SEC shall not be liable for any claim for loss or damage to the Goods in transit unless such claim is notified in writing both to SEC and the carrier within 7 days of delivery of the Goods. Where the Customer accepts the Goods from the carrier without checking, SEC shall not be liable for such claim unless the Customer has marked the delivery note “not examined”.
SEC may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

5. Warranties

SEC warrants that on delivery the Goods shall:
1. conform in all material respects with their description and any applicable Specification;
2. be free from material defects in design, material and workmanship.
The Customer shall be responsible for ensuring that the Goods are fit for the purpose for which it or any third party intends to use them, and covenants that the Goods will only be used for purposes for which they are sufficient and suitable.
The Customer warrants that it has not relied on any representations made by or on behalf of SEC or upon any descriptions, illustrations or specifications contained in any material produced by or on behalf of SEC except for any applicable Specification of the Goods provided by the Customer and agreed by the parties in writing.
The Customer warrants that any specification, design or instruction given by it to SEC will not infringe any intellectual property or other rights of any third party, nor will it be defamatory or otherwise unlawful, and the Customer will indemnify SEC in respect of any claim relating to such infringement.
The Customer agrees to indemnify SEC against all costs and liabilities incurred by it due to any breach by the Customer of the terms of this Contract, including any consequential losses.

6. Acceptance, Defects and Guarantee

Within 7 days of the date of delivery the Customer shall notify SEC in writing either that it accepts the Goods and they are satisfactory and free of defects, or a list of such defects as are known to it at that time.
If no such notification is received the Customer shall be deemed to have accepted the Goods. After acceptance, whether deemed or otherwise, the Customer shall not be entitled to reject the Goods nor to have any defects in the Goods remedied by the Vendor, whether or not they comply with any applicable Specification.
The Vendor shall use its best endeavours to correct any defect arising under normal use and due solely to faulty design (except where supplied by or on behalf of the Customer), materials or workmanship, which is notified to it in accordance with clause 6.1 within a reasonable time of receiving such notification, and may at its discretion;-
1. carry out such work as is necessary to remedy the defect;
2. examine the Goods at the Customer’s premises;
3. take such part of the Goods as is necessary away from the delivery location at the Customer’s risk and expense to examine the Goods or carry out repair work;
4. replace all or any part of the Goods;
5. refund the contract price or such part of it as relates to the defective Goods.
The Customer’s obligations at Clause 3 shall apply in relation to the provision of maintenance under this clause 8 as to the installation of the Goods.
SEC may invoice the Customer for the cost of any work or materials brought about by the Customer’s notification of any defect where such defect is not attributable to any act or omission of SEC or is attributable to;-
1. misuse of the Goods by the Customer;
2. failure to follow SEC’s advice as to use and maintenance of the Goods;
3. any modification made to the Goods by the Customer or by third parties without the prior written consent of SEC;
4. the Customer makes any further use of such Goods after giving notice in accordance with clause 5.2;
5. the defect arises because the Customer failed to follow SEC’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
6. the defect arises as a result of SEC following any drawing, design or Specification supplied by the Customer;
7. the Customer alters or repairs such Goods without the written consent of SEC;
8. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
9. the Goods differ from the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
Except as provided in this clause, SEC shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 5.
The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
These Conditions shall apply to any repaired or replacement Goods supplied by SEC.

7. Title and risk

The risk in the Goods shall pass to the Customer on completion of delivery.
Where the Goods are sold FOB SEC’s responsibility shall cease immediately the Goods are placed on board ship and the Vendor shall not be obliged to give the Customer notice as specified in the Sale of Goods Act 1979 section 32(3).
Title to the Goods shall not pass to the Customer until SEC has received payment in full (in cash or cleared funds) for the Goods.
Until title to the Goods has passed to the Customer, the Customer shall:
1. hold the Goods on a fiduciary basis as SEC’s bailee;
2. store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as SEC’s property;
3. not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
4. maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
5. notify SEC immediately if it becomes subject to any of the events listed in clause 9.2; and
6. give SEC such information relating to the Goods as SEC may require from time to time, but the Customer may resell or use the Goods in the ordinary course of its business.
If before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in clause 9.2, or SEC reasonably believes that any such event is about to happen and notifies the Customer accordingly, then, provided that the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy SEC may have, SEC may at any time require the Customer to deliver up the Goods 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.

8. Price and payment

The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in SEC’s published price list in force as at the date of delivery.
SEC may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
1. any factor beyond SEC’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
2. any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
3. any delay caused by any instructions of the Customer or failure of the Customer to give SEC adequate or accurate information or instructions;.
4. Any change by the Customer to the Delivery Location.
Unless the Customer is otherwise notified to the contrary in writing by an authorised officer of SEC, the price of the Goods is exclusive of the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to the Customer.
The price of the Goods is exclusive of amounts in respect of value added tax (VAT) or any similar sales tax, import, export or custom duties. The Customer shall, on receipt of a valid VAT invoice from SEC, pay to SEC such additional amounts in respect of VAT as are chargeable on the supply of the Goods.
SEC may invoice the Customer for the Goods on or at any time after the completion of delivery.
Unless otherwise agreed in writing by an authorised officer of SEC, the Customer shall pay the invoice in full and in cleared funds within 30 days of the date of the invoice. Payment shall be made to the bank account nominated in writing by SEC. Time of payment is of the essence.
The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law).
If the Customer fails to make any payment within the time specified in this contract SEC may take any or all of the following steps;-
1. immediately invoice the balance of the contract price in advance of the delivery of any further Goods;
2. cancel the contract and any other contract between SEC and the Customer;
3. charge the Customer interest (both before and after any judgement) on the amount unpaid at the compound rate of 4% per annum above the Barclays Bank Plc base lending rate from time to time until payment in full is made, accruing on a weekly basis and also charge the Customer for all costs and expenses (including legal costs) incurred by the Vendor in the collection of any overdue amount;
4. appropriate any payment made by the Customer and set-off any monies due to the Customer, whether under this Contract or any other contract or otherwise (including any VAT applicable), to or against the unpaid invoice or invoices;
5. refuse to deliver or install any balance of Goods or provide any further Services or guarantee services, whether under this Contract or any other contract or otherwise, until payment is made in full;
6. retain any property of the Customer then in its possession under a general lien for any such payment.
Where payment is made by means of any bill of exchange, cheque or other negotiable instrument, payment shall not be treated as having been made until such instrument has been honoured on presentation for payment.

9. Customer's insolvency or incapacity

If the Customer becomes subject to any of the events listed in clause 9.2, or SEC reasonably believes that the Customer is about to become subject to any of them and notifies the Customer accordingly, then, without limiting any other right or remedy available to SEC, SEC may cancel or suspend all further deliveries under the Contract or under any other contract between the Customer and SEC without incurring any liability to the Customer, and all outstanding sums in respect of Goods delivered to the Customer shall become immediately due.
For the purposes of clause 9.1, the relevant events are:
1. the Customer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
2. the Customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors [other than (where the Customer is a company) where these events take place for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer];
3. (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Customer, other than for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;
4. (being an individual) the Customer is the subject of a bankruptcy petition or order;
5. a creditor or encumbrancer of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within [14] days;
6. (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Customer;
7. (being a company) the holder of a qualifying charge over the Customer’s assets has become entitled to appoint or has appointed an administrative receiver;
8. a person becomes entitled to appoint a receiver over the Customer’s assets or a receiver is appointed over the Customer’s assets;
9. any event occurs, or proceeding is taken, with respect to the Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 9.2(a)to clause 9.2(h) (inclusive);
10. the Customer suspends, threatens to suspends, ceases or threatens to cease to carry on all or a substantial part of its business;
11. the Customer’s financial position deteriorates to such an extent that in SEC’s opinion the Customer’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; and
12. (being an individual) the Customer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.
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.

10. Limitation of liability

Nothing in these Conditions shall limit or exclude SEC’s liability for:
1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
2. fraud or fraudulent misrepresentation;
3. breach of the terms implied by section 12 of the Sale of Goods Act 1979;
4. defective products under the Consumer Protection Act 1987; or
5. any matter in respect of which it would be unlawful for SEC to exclude or restrict liability.
Subject to clause 10.1:
1. SEC shall under no circumstances whatever be liable to the Customer, whether in 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
2. SEC’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 five times the contract price or, where the Order is for a multiple of the same Goods, five times the price of a single item, whichever is the lesser. SEC may be prepared to provide wider limitation terms in return for an enhanced payment.
All information and advice given by SEC to the Customer relating to the performance or use of the Goods or otherwise is based on the SEC’s experience, but SEC shall not be liable for any inaccuracies.
The Customer acknowledges and agrees that the allocation of risk contained in this clause 10 is reflected in the contract price and is a recognition of the fact that the Goods cannot be tested in every possible combination and therefore SEC does not warrant that the operation of the Goods will be uninterrupted or error free. The Customer shall be responsible for insuring against any liability arising as a result of the operation of this clause 10.
The Customer shall maintain such insurance protection as shall be reasonable and prudent, taking account of the nature of the Customer’s business. SEC shall not be liable under this Contract for losses suffered by the Customer which are, or would have, been recoverable under such policy of insurance.

11. Confidentiality

The Customer shall keep the Confidential Information confidential and secret and shall not use or disclose or make the Confidential Information available, directly or indirectly, to any person other than its officers and employees who need the Confidential lnformation to enable the Customer to perform its obligations under this Agreement and provided that such officers and employees are also obliged to keep such Confidential Information confidential and secret. The foregoing obligations shall not apply to any information acquired by the Customer which: at the time of its acquisition was in the public domain; or at a later date comes into the public domain through no fault of the Customer.
The Customer hereby agrees and undertakes: that all Confidential Information shall be and shall remain at all times the sole and exclusive property of SEC; that its right to use Confidential Information shall wholly cease upon the termination of this Agreement; and to return to SEC on termination of this Agreement all material embodying Confidential Information (including information stored on computer disks) or any part thereof and all copies thereof.

12. Force majeure

Neither party 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 extreme adverse weather conditions, or default of suppliers or subcontractors.

13. General

Assignment and other dealings.
1. SEC may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
2. The Customer may not assign, transfer, mortgage, charge, subcontract, 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 SEC.
Notices.
1. Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or e-mail.
2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 12.2(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by by fax or e-mail, one Business Day after transmission.
3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Severance.
1. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
2. If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
Waiver. A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Third party rights. A person who is not a party to the Contract shall not have any rights to enforce its terms.
Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by SEC.
Governing law. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

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