Terms & Conditions of Sale (Website)
1.1 These Terms and Conditions set out the terms under which goods are sold by Control Components (Anglia) Limited, company number 01591390, whose registered office is 60-62 Hellesdon Park Road, Drayton High Road, Norwich, NR6 5DR (‘We/Us/Our/the Company’)
1.2 In these Terms and Conditions, reference to 'you/your' means the person, firm or company who has ordered or agreed to purchase goods from Us. Where applicable, references to ‘you/your’ shall be deemed to include such person’s/firm’s/company’s officers, partners, employees, agents and/or representatives.
1.3 Please read these Terms and Conditions carefully and ensure that you understand them before ordering any goods from the Company. You will be required to read and accept these Terms and Conditions when ordering goods. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order goods through the Website. These Terms and Conditions, as well as any and all contracts are in the English language only.
1.4 These Terms and Conditions apply to business customers only. These Terms and Conditions do not apply to individual consumers purchasing goods for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession).
2. Access to and Use of the Website
2.1 Access for business customers through this website www.cca.co.uk (‘the Website’) is free of charge. It is your responsibility to make any and all arrangements necessary in order to access the Website
2.2 Access to Website is provided "as is" and on an "as available" basis. We may alter, suspend or discontinue the Website (or any part of it) at any time and without notice. We will not be liable to you in any way if the Website (or any part of it) is unavailable at any time and for any period.
2.3 Your attention is particularly drawn to clause 13 in relation to our liability to you.
3. Our Contract, Business Customers and Consumers
3.1 Our Contract. These Terms and Conditions apply to business customers only. These Terms and Conditions do not apply to individual consumers purchasing goods for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession). By placing an order with Us via the Website you agree and confirm that you are not a consumer. If you are an individual consumer please do not attempt to order goods through the Website and instead contact Us on 0345 0606080 to discuss how we might assist you.
3.2 Our Contract. These Terms and Conditions constitute the entire agreement between Us and you with respect to your purchase of goods from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms and Conditions and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
3.3 You should print a copy of these Terms and Conditions for future reference.
4. Goods, Specifications, Pricing and Availability
4.1 You acknowledge that all specification and details in all catalogues, quotations, acknowledgements, and web sites, are intended as a guide only and do not form part of your Contract with the Company.
4.2 We make all reasonable efforts to ensure that all descriptions and graphical representations of goods available from Us correspond to the actual goods. Please note, however, the following:
4.2.1 Images of goods are for illustrative purposes only and do not form part of your Contract with us. There may be slight variations in colour between the image of a product
and the actual produc sold due to differences in device displays and lighting conditions and in the case of goods that are customised to your order (‘Bespoke Goods’),
variations resulting from your specific requirements;
4.2.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of goods may vary.
4.3 For the avoidance of doubt, We accept no liability for any errors or omissions in drawings, samples, descriptive matter and/or advertising.
4.4 If you wish to order Bespoke Goods from Us, please contact us in the first instance on 0345 0606080 to discuss your requirements as it may be that we are unable to process your order via the Website.
4.5 If you order Bespoke Goods from Us, We will customise them to your specifications and requirements, as detailed in the descriptions accompanying such products. When you place an order for Bespoke Goods, We will provide details of the information required from you.
4.6 When placing an order for Bespoke Goods, please ensure that all information that you provide to Us is correct, accurate, and complete. We cannot accept the return of any Bespoke Goods if that return is due to incorrect information provided by you. Please note that this does not affect your legal rights.
4.7 We cannot guarantee that goods will always be available. Stock indications are not always provided on the Website.
4.8 We reserve the right to make any changes in the specification of the goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the goods are to be supplied to your specification, which do not materially affect their quality or performance.
4.9 We make all reasonable efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto our system. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 4.12 regarding VAT, however).
4.10 The prices for Goods sold by Us are typically as per the relevant Manufacturer’s UK List Price. Notwithstanding anything in these Terms and Conditions, if the relevant manufacturer’s UK list price for Goods increases before we dispatch the relevant Goods to you, we may increase the price of the Goods to reflect the relevant Manufacturer’s UK List Price as at the date of dispatch. If we increase the price of any Goods pursuant to this clause 4.10 you may cancel your order and we will refund you any sums you have paid for the Goods provided that;-
A. you give Us notice in writing of your intention to cancel the order within 3 business days of the price increase being notified to you (which for the avoidance
of doubt includes the provision of an invoice to you with the revised price of Goods
B. we will not be liable for any losses you suffer in relation to the relevant Goods’; and
C. where the Goods have been delivered to you:
i. you make them available and allow us to collect such Goods from you on notice and in accordance with our instruction
ii. they are received by us in an unused, stock and resalable condition.
4.11 We sell a large number of goods through our site. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our despatch procedures. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is higher, We will give you the option to purchase the goods at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within 14 days, We will treat your order as cancelled and notify you of this in writing.
4.12 All prices are exclusive of value added tax and any other taxes and duties which will be payable in addition at the rate current at the time of invoice. Prices on the Website are shown both exclusive of and inclusive of VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
4.13 All prices are exclusive of delivery charges for the goods. For more information on delivery charges, please refer to www.cca.co.uk/Delivery_and_Returns. When ordering online delivery options and related charges will be presented to you as part of the order process.
5. Orders - How Contracts Are Formed
5.1 Any order submitted for any goods is a binding offer to purchase those goods on these Terms & Conditions to the exclusion of any terms inconsistent therewith contained, or otherwise referred to, in any order, or implied by law, trade custom, practic5. e or course of dealing unless otherwise agreed by the Company in writing. Your order constitutes a contractual offer that the Company may at its sole discretion accept.
5.2 Verbal orders are accepted only at your risk and the Company's interpretation of any verbal instructions will be considered and agreed by you to be correct and valid.
5.3 Where you order goods from Our website. The Website will guide you through the ordering process. The order process on Our website allows you to check and amend errors before submitting your order to us. Please ensure that you have checked your order carefully before submitting it.
5.4 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
5.5 No part of the Website constitutes a contractual offer to sell goods capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an order confirmation by email (‘Order Confirmation’). Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you.
5.6 An Order Confirmation shall contain the following information:
5.6.1 Your order number;
5.6.2 Confirmation of the goods ordered and the requested delivery address;
5.6.3 Fully itemised pricing for the goods ordered including, where appropriate, taxes, delivery and other additional charges; and
5.6.4 Estimated delivery date(s).
5.7 In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 30 days.
5.8 Once an order has been accepted by the Company, you shall not be entitled to cancel or modify it, or to return any goods delivered by the Company without the Company’s written consent.If the Company agrees to cancellation or return, you shall be liable to pay to the Company an amount specified by the Company (which shall be a sum not exceeding 25% of the invoice value of the goods) together with all costs of handling, carriage, insurance and packing in relation to delivery of the goods and arranging for return of the goods to the Company.
5.9 Any refunds due will be made using the same payment method that you used when ordering the goods.
5.10 Sales literature, price lists and quotations issued by the Company are subject to alteration without notice and do not constitute contractual offers to sell goods capable of acceptance. No contract for the sale of goods shall be binding on the Company unless the Company has issued a quotation which is expressed to be an offer to sell the goods or has accepted an order placed by you. In either case, a legally binding contract between you and the Company will be created upon the earlier of:
5.10.1 the Company’s written acceptance of your order indicated by the provision of an ‘order confirmation’ by email;
5.10.2 delivery of the goods; or
5.10.3 presentation of the Company’s invoice
5.11 Unless otherwise specified by the Company, quotations will be valid for acceptance for a period of 30 days from the date thereon, or such lesser time as the Company may specify.
5.12 The Company reserves the right to revise or withdraw any quotation either verbally or in writing prior to formation of a contract in respect of it, and no liability whatsoever shall be incurred by such withdrawal.
6.1 We accept payment by major debit and credit cards as well as bank transfer. Unless you have a credit account with the Company (in which case the provisions of clause 7 will apply) or unless otherwise agreed in writing by the Company, you shall pay for the goods before we dispatch them.
6.2 Payment must be made in full, without withholding, deduction or set-off for any reason except as required by law.
6.3 If you do not make any payment to us by the due date the Company shall be entitled to charge you daily interest on overdue amounts at the rate of 4% above the Bank of England’s base rate from time to time in force from the date that payment became due to the date payment and interest shall accrue at such rate after as well as before any judgement.
6.4 All payments will be taken in pounds sterling.
6.5 We accept the following methods of payment on the Website:
6.5.1 We accept all Visa, Mastercard, and Meastro Debit / Credit cards
7. Credit Account
7.1 The Company may at its absolute discretion open a credit account for you which shall be on such terms and subject to such conditions as it deems appropriate in the circumstances.
7.2 All credit accounts must be cleared in full, without withholding, deduction or set-off for any reason except as required by law by the end of the following month in which goods are delivered. The time for the payment shall be of the essence of the contract. Receipts for payment will be issued only upon request.
7.3 The Company reserves the right to cancel your credit account or reduce your credit limit at any time and for any reason on giving you one month’s notice in writing. In the event of cancellation of the account all sums outstanding will be immediately payable by you.
7.4 The Company will charge interest on any outstanding amounts pursuant to clause 6.3 above.
8. Delivery, Risk and Ownership
8.1 All goods purchased through Website will normally be delivered within 1 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process.
8.2 Any dates quoted for delivery are approximate only, and time of delivery is not of the essence. Bespoke Goods may take longer to be delivered. We shall not be liable for any delay in delivery of the Goods that is caused by an Event Outside of Our Control (see clause 11.5) or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of Goods. (including but not limited to any delay, act or omission of a third party carrier used by the Company) and delivery of any goods shall be suspended for so long as such circumstance lasts.
8.3 The Company shall be entitled to withhold delivery of any goods where any amounts payable by you to the Company are overdue particularly on your credit account (if applicable), without allowing termination of the outstanding balance of the order by you.
8.4 If you have asked to collect the Goods from our premises, you (or your nominated carrier) can collect them at any time during working hours after we have notified you that the Goods are ready for collection.
8.5 If We are unable to deliver the goods on the delivery date, the following will apply:
8.5.1 If no one is available at your delivery address to receive the goods and the goods cannot be posted through your letterbox, we will leave a delivery
note explaining how to rearrange delivery or where to collect the goods; As an alternative. We may, at our sole discretion, choose to attempt re-delivery
when we are next in the local area.
8.5.2 If you do not collect the goods or rearrange delivery within 2 weeks, We will contact you to ask you how you wish to proceed. If We cannot contact you or
arrange redelivery or collection, We will treat the Contract as cancelled and recover the goods. If this happens, you will be refunded the purchase price of
the goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that We incur in recovering the goods.
8.6 Delivery shall be deemed complete once We have delivered the goods to the address you have provided.
8.7 We shall not be liable to You for total loss in transit, unless non-delivery is notified to Us within 3 working days after We have dispatched a delivery advice note.
8.8 You shall inspect the goods immediately on receipt, and We shall not be liable for defects or shortages that would be discoverable on reasonable careful inspection unless you notify Us within 3 working days from and including the date of delivery.
8.9 Where you notify Us of any non-delivery, defects or shortages, Our only liability shall be at Our sole option as soon as reasonably practicable to repair or replace defective goods, make good any shortages, or to refund to you the purchase price paid for the goods.
8.10 You shall not be entitled to refuse to accept late delivery or treat late delivery as a breach of Contract by the Company.
8.11 If you refuse to accept delivery of the Goods, you shall in addition to the price, pay the Company’s costs incurred in returning and storing or otherwise disposing of the Goods. In such circumstances, notwithstanding the provisions of clause 10.1 below, risk in the Goods shall pass to you, with delivery deemed to have taken place at the time the Goods were tendered for delivery.
8.12 Ownership of the goods passes to you once We have received payment in full of all sums due (including any applicable delivery charges).
8.13 Responsibility for (the risk in) the goods will pass to you when delivery is complete, as defined in sub-Clause 8.6
8.14 Any refunds due under this Clause 6 and 7 will be made using the same payment method that you used when ordering the goods.
8.15 International Delivery. If you order Goods from Us for delivery to one of the international counties we deliver to, your order may be subject to import duties and taxes which are applied when delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. We request payment for Goods in advance for International orders.
9. Faulty, Damaged or Incorrect Goods
9.1 We warrant that the goods, on delivery, and for a period of 6 months thereafter (‘the Warranty Period’) shall be as described; be free from material defects in design, material, and workmanship; be of satisfactory quality (as defined in the Sale of Goods Act 1979); and be fit for any purpose described by Us
9.2 If any goods you have purchased do not comply with sub-Clause 9.1, subject to sub-Clause 9.3 and your compliance with sub-Clause 9.2.1, We shall, at Our sole option as soon as is reasonably practicable, repair or replace the affected goods, or refund to you the purchase price paid for the affected goods. The following condition shall apply
9.3 You must inform Us within 3 working days after the defect was discovered and then proceed as instructed by Us, including the prompt return at your expense of any goods claimed faulty
9.4 We will not be liable for any non-compliance with the provisions of sub-Clause 9.1 of any goods if any of the following apply:
9.3.1 The defect existed in the goods at the time of delivery of the goods or arose from faulty materials or workmanship and was (or would have been) reasonably
discoverable upon inspection at the time of receipt;
9.3.2 You have made any further use of the affected goods after giving Us written notice of the non-compliance under sub-Clause 9.2.1;
9.3.3 The non-compliance has arisen as a result of your failure to follow instructions provided by Us and/or the manufacturer on the correct usage, maintenance,
installation, handling, storage or use of the affected Goods or, where no instructions are provided, your failure to follow good trade practice with respect to the same.
9.3.4 You have made any unauthorised alterations or repairs to the affected goods;
9.3.5 The non-compliance is the result of normal deterioration, wear and tear, deliberate damage, negligence, or abnormal or unsuitable working conditions; or
9.3.6 Any trade marks or labels on the goods havebeen removed or mutilated.
9.4 Except as provided in this Clause 9, We shall have no further liability to you with respect to goods which do not comply with sub-Clause 8.1.
9.5 To return goods to Us for any reason under this Clause 9, please contact Us on 0345 0606080 to arrange for a collection and return]. You will be responsible for the costs of returning goods under this Clause 9.
9.6 Refunds (whether full or partial) under this Clause 9 will be issued within 30 days of the day on which We agree that you are entitled to the refund.
9.7 Refunds under this Clause 9 will be made using the same payment method that you used when ordering the goods.
9.8 Some of the goods we sell come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee relating to the goods.
10. Title and Risk
10.1 Risk in the goods shall pass to you on delivery to you or your agent, representative or carrier.
10.2 In spite of delivery having been made, property in the goods will not pass from the Company to you until:
10.2.1 you have paid the price for the goods plus VAT in full; and
10.2.2 you do not owe any other sums whatsoever to the Company.
10.3 Until property in the goods passes to you in accordance with clause 10.2 above you shall hold the goods and each of them on a fiduciary basis as bailee for the Company. You shall store the goods (at no cost to the Company) separately from all other goods in your possession, in an appropriate environment, marked in such a way that they are clearly identified as the Company's property and you shall insure the goods against all reasonable risks.
10.4 Notwithstanding that the goods remain the property of the Company, you may sell or use the goods in the ordinary course of your business at full market value for the account of the Company. Any such sale or dealing shall be a sale or use of the Company's property by you on your own behalf and you shall deal as principal when making such sales or dealings. Until property in the goods passes from the Company to you, the entire proceeds of sale or otherwise of the goods shall be held in trust for the Company and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Company's money.
10.5 The Company shall be entitled to recover the price (plus any value added tax) from you notwithstanding that property in any of the goods has not passed from the Company.
10.6 In the event of failure to pay the price, the Company shall have power to resell the goods. Such power is additional to (and not in substitution for) any other power of sale arising by operation of law or by implication or otherwise and for such purposes the Company and its officers, employees and agents may forthwith enter upon any premises or land owned or occupied by you to remove the goods
11.Inspection and Defects
11.1The Company shall not be liable for total loss in transit, unless non-delivery is notified to the Company within 3 working days after the Company has dispatched its delivery advice note.
11.2 You shall inspect the goods immediately on receipt, and the Company shall not be liable for defects or shortages that would be discoverable on reasonable careful inspection unless you notify the Company within 3 working days from and including the date of delivery.
11.3 Where you notify the Company of any non-delivery, defects or shortages, the Company's only liability shall be at its sole option as soon as reasonably practicable to repair or replace defective goods, make good any shortages, or to refund to you the purchase price paid for the goods.
12. Warranty and Manufacturer Guarantees
12.1 Some of the Goods we sell come with a Manufacturer’s guarantee. For details of the applicable Terms and Conditions, please refer to the Manufacturer’s guarantee relating to the Goods.
12.2 If you find a material defect in the goods within 6 months from and including the date of dispatch then the Company will at its sole option as soon as is reasonably practicable, repair or replace defective goods or refund to you the purchase price paid for those goods PROVlDED THAT:
12.2.1 you inform the Company within 3 working days after the defect was discovered and then proceed as instructed by the Company, including the prompt return at your expense of any goods claimed faulty;
12.2.2 the defect existed in the goods at the time of delivery of the goods or arose from faulty materials or workmanship, was not reasonably discoverable upon inspection at the time of receipt, and did not result
from any modification or alteration of the goods by you, or from normal deterioration, or from improper or faulty connection, installation, handling, storage or use of the goods by you, or your failure to comply
with any instructions provided by the Company and/or the manufacturer.
12.2.3 any trade marks or labels on the goods have not been removed or mutilated.
12.3 Where the Company has the benefit of any warranty or guarantee in respect of the goods or any parts or components comprised in the goods, this warranty or guarantee shall replace the above warranty in so far as the defect relates to such parts or components, and the Company will use its reasonable endeavours to extend to you the benefit of that warranty or guarantee.
13. Limitation of Liability
13.1 Our express liability under these Terms and Conditions shall be Our only liability and your only remedy for breach of these Conditions for the sale of goods and all other liability of Ours whether in contract, tort (including negligence), statute or otherwise, is hereby excluded.
13.2 The goods are supplied strictly on the terms that you have satisfied yourself of their suitability for your purposes. All warranties, conditions representations express or implied and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979), including as to the quality or fitness for purpose of the goods are to the fullest extent permitted by law hereby excluded from the contract.
13.3 Subject to clauses 13.2 and 13.6, Our total liability in respect of breach of any contract for the sale of goods or any representation given to you in connection with such a sale, whether in contract, tort (including negligence), statute or otherwise shall be limited to the purchase price for the goods.
13.4 We shall not be liable to you in respect of breach of any contract for the sale of goods or any representation given in connection with such a sale, whether in contract, tort (including negligence) statute or otherwise howsoever, for any consequential, indirect or special losses, any loss of use, profit, business, revenue, or contract, or any liability of you to any third party.
13.5 We shall not be liable to you for delay or non-performance of any of these Terms and Conditions due to any event or circumstance beyond Our reasonable control (including but not limited to an act of god, legislation, war, civil commotion, fire, flood, failure of power supply, strike or other industrial action, epidemic, pandemic, quarantine, governmental acts or omissions, or any inability to obtain parts or materials).
13.6 Nothing in these Conditions shall limit or exclude Our liability for death or personal injury resulting from Our negligence or for any other matter which it would be illegal for Us to exclude or attempt to exclude Our liability.
13.7 You shall indemnify Us against all actions, claims, costs, damages, expenses and other loss or liability arising out of a defect in the goods to the extent occasioned or contributed to by your act or omission.
14.1 Without limiting any of our rights, we may suspend the supply or delivery of the goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
A. you commit a material breach of any term of the Contract and (if such breach is remediable) fail to remedy that breach within 10 days of you being notified in writing to do so.
B. you fail to pay any amount due under the Contract on the due date for payment;
C. you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation
to a solvent restructuring), 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 your
assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
D. you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
E. your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
14.2 Termination of the Contract shall not affect your or Our rights and remedies that have accrued as at termination.
14.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect
15.1 You agree not to resell outside the UK any Goods supplied by Us which are subject to the UK’s export control regime (including but not limited to the Export Control Act 2002 and Export Control Order 2008 (in either case together with any re-enactment thereof)) without obtaining all necessary licences and consent thereunder. Furthermore, you agree not to resell such Goods in the UK to a third party, knowingly or being given reasonable grounds to suspect by the third party that the third party intends to export such goods (or any part of them) without first obtaining all such relevant licences and consents and you agree to impose upon persons purchasing such Goods from you obligations corresponding to those set out in this clause 15.
15.2 You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of opportunity and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Us in connection with any breach of clause 15.1 above.
15.3 This clause 15 shall survive termination of the contract.
16. How We Use Your Personal Information (Data Protection)
17. Other Important Terms
17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.2 Any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
17.3 All notices shall be in writing, and sent by email, courier, first class post or facsimile to the address of the recipient stated in any quotation, order or acknowledgement of order.
17.4 Notices shall be deemed to be received if sent by email or courier, on delivery, if sent by first class post, on the second day following the day of posting, and if sent by facsimile, on completion of uninterrupted transmission.
17.5 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
17.6 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
17.7 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.