Terms and Conditions

 

 

1.     About us

1.1.       We, Player Washington Group Limited (Co. No. 12342248) having a registered address at C/O Glx, 69-75 Thorpe Road, Norwich NR1 1UA, trading as North Pickenham Storage ("North Pickenham Storage", “we”, “us”, “our”) provide self-storage units (each being a “Unit”), yard space, and vehicle storage facilities (collectively the “Storage Facilities”) for hire at North Pickenham Industrial Area, Dakota Road, Norfolk PE37 8DX (the “Site”).

 

1.2.       You can contact us by email at info@northpickenhamstorage.co.uk or info@playerwashington.com or by telephone on (+44) (0)1760 330290 or (+44) (0)7909 924188.  Our normal office opening hours are 8.00am – 6.00pm Monday to Friday, and 9.00am – 4.00pm weekends (excluding public holidays in England). 

2.     Our contract

2.1.       These terms and conditions (“Terms”) apply to your Order (as defined in clause 3.1) (together the “Contract”) to hire our Storage Facilities to store your property (“Goods”) at the Site to the exclusion of any other terms you may seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.2.       Any personal data you provide to us will be processed in accordance with all applicable data protection laws and our Privacy Notice available at https://www.northpickenhamstorage.co.uk/privacy or on written request and which may be updated from time to time. Our Privacy Notice explains how we collect, use, store and share personal data, your rights in relation to your personal data, and how to contact us regarding data protection matters. By entering into this Contract, you acknowledge that you have been given the opportunity to read the Privacy Notice.

 

2.3.       Nothing in these Terms affects any statutory rights you have as a consumer.  If you are entering into this Contract as a consumer, these Terms will be interpreted in accordance with applicable consumer protection laws and we will exercise any rights under these Terms fairly, reasonably and proportionately. 

3.     Contract formation

3.1.       You may request hire of the Storage Facilities by completing the online registration and booking process available on our website www.northpickenhamstorage.co.uk and following the onscreen prompts to place an order (an “Order”).  Submitting an Order constitutes an offer by you to hire the Storage Facilities specified in the Order and subject to these Terms.

3.2.       During the booking process, you will have the option to select a date (within the next one (1) month) from which you wish to use the Storage Facility (the “Move-In Date”). 

3.3.       This Contract will come into existence, and you will be bound by these Terms when the earliest of the following occurs:

3.3.1.        we confirm acceptance of your booking by email or other written or electronic communication;

3.3.2.        we issue you with an invoice for payment;

3.3.3.        we accept your first payment; or

3.3.4.        you place any Goods into a Storage Facility. 

3.4.       You hereby acknowledge and agree that:

3.4.1.       ticking any acceptance box, clicking any "Accept", "Book", "Pay" or similar button, signing electronically, or otherwise completing the online registration process will constitute your express agreement to these Terms;

3.4.2.       any electronic acceptance of these Terms will have the same legal effect as a handwritten signature; 

3.4.3.       you have had the opportunity to read and review these Terms before entering into this Contract;

3.4.4.       if you are acting on behalf of a company, partnership or other organisation, the individual accepting this Contract warrants that they have authority to enter into this Contract for and on behalf of that entity;

3.4.5.       we reserve the right, in our absolute discretion, to refuse any Order or booking request at any time before this Contract comes into existence; and

3.4.6.       you acknowledge that this Contract creates a personal contractual licence only and does not grant you any tenancy, lease, proprietary interest, security interest or other right in or over any Storage Facility or any part of the Site.

3.5.       Any discount, incentive, or other special or promotional offer are provided in our absolute discretion, and we reserve the right to withdraw any such offer at any time and without notice to you.  The withdrawal of any offer will not be applied retrospectively to Storage Fees unless you breach any of these Terms. 

3.6.       Notwithstanding clause 3.5, the value of any discount, incentive, or other special or promotional offer (including any free period of storage) we provide to you is conditional on the timely payment of all Storage Fees and your use of the Storage Facility and Site is at all times complies with these Terms. 

3.7.       As a condition of Contract: 

 

3.7.1.       you will provide and maintain a valid payment card, direct debit instruction or other payment method approved by us from time to time;

 

3.7.2.       you hereby authorise us to collect all Storage Fees, cleaning fees, administration charges, interest, disposal and enforcement costs, and any other sums due under this Contract using the nominated payment method;

 

3.7.3.       you will ensure that sufficient funds are available on each payment date, and if you believe insufficient funds will be available on the payment due date, you will immediately notify us and provide us with an alternative means of payment; and

 

3.7.4.       you acknowledge that the failure to maintain a valid payment method will constitute a material breach of these Terms.

4.     Storage Facilities

4.1.       Any descriptions, dimensions or illustrations on our website are provided solely for the purpose of giving an approximate idea of the type and nature of available storage facilities and will not form part of this Contract or have any contractual force.  Actual Storage Facilities may vary from any published description, dimension or illustration but we will endeavour to ensure any such variations are small.

4.2.       You are responsible for ensuring the Storage Facility is suitable for the storage of the Goods intended to be stored in it and are advised to inspect the Storage Facility before storing Goods and periodically thereafter during this Contract. We make no warranty or representation that any Storage Facility is suitable for the storage of any particular goods and accept no liability in this regard. 

 

4.3.       Provided all Storage Fees are paid, we grant you a limited licence to access, enter and use the Storage Facilities allocated to you by us under an Order for your use in accordance with these Terms.  You acknowledge that:

4.3.1.     You have the right to access, enter and use the Storage Facilities as a licensee only and no relationship of landlord and tenant is created between you and us; 

4.3.2.     We retain control, possession and management of the Storage Facilities and you have no right to prevent or exclude us (or any person acting for or on our behalf) from accessing Storage Facilities;

4.3.3.     Only you or others authorised or accompanied by you may access the Storage Facility. You are responsible for and liable to us and any other user of the Site for all acts and omissions of you and those authorised by you, or who are accompanying you. We may (but are not obliged to) require proof of identity from you or any other person at any time and, in our sole discretion, may refuse access to any person who is unable to produce satisfactory proof.

4.4.       We reserve the right to enter any of the Storage Facilities at any time and you hereby authorise us, and any person acting for and on our behalf, to: 

4.4.1.     access any Storage Facility by any means necessary (but using means which are reasonable and proportionate in the circumstances) in an emergency to contain, prevent, curtail, or mitigate injury and / or damage to any Storage Facility, the Site or any person or property howsoever arising;

4.4.2.     access any Storage Facility if required by law, or if we, acting reasonably, believe the Storage Facility is being used for unlawful purposes or in breach of any of the provisions under clause 5 of these Terms; 

 

4.4.3.     permit access by any person acting for and on behalf of any Government Department, Regulatory or Law Enforcement Agency, and Competent Authority or by Court Order including without limitation Police, Emergency Services, Trading Standards, HM Revenue and Customs, 

unless prevented by law or legal obligation, we will notify you of the actions carried out, the reasons for them, any potential impact on stored Goods (if any), and any further actions which may be required. 

4.5.       Where we require access to a Storage Facility for any reason except those under clause 4.4, we will endeavour to provide you with seven (7) calendar days’ notice in writing advising you of the reasons for gaining access, and any potential impact (if any) on any stored Goods. It is your responsibility to access the Storage Facility and discuss any concerns you may have about any planned access with us promptly. We will have no liability to you for any act or omission by you as a result of us providing notice under this clause 4.5. 

4.6.       We reserve the right to refuse you, or any person acting on your behalf, access to or use of any Storage Facility and/or Site where: 

 

4.6.1.     monies are owing by you, whether or not a formal demand for payment has been made;

4.6.2.     we consider the safety and / or security of the Site and / or any person is or may be subject to an adverse risk (howsoever arising).

4.7.       We may refuse you permission to store any Goods or require you to collect any Goods if in our opinion the storage of such Goods creates a risk to the safety and / or security of any person or property.

4.8.         Nothing in these Terms confers any right to exclusive possession of any Storage Facility and we reserve the right to relocate you to another Storage Facility (materially similar to the Order): (a) by giving you fourteen (14) calendar days written notice during which time you can elect to terminate this Contract; or (b) on shorter notice if an incident occurs that requires the Storage Facility (or Site section where it is located) to be closed and / or sealed off for any reason. In these circumstances, we will pay your reasonable costs of removal if approved in writing by us in advance of removal. If you do not arrange removal by the date specified in the written, then you hereby authorise us, and anyone acting on our behalf to enter the Storage Facility acting as your agents and at your risk (except for damage caused by our wilful misconduct or gross negligence which is subject to the limitations in clause 6).

5.     Your obligations

5.1.    You warrant at the time of entering into this Contract and on an ongoing basis that you are the owner of, or are authorised by the owner to store, all Goods being stored in the Storage Facilities under this Contract. 

5.2.    You must:

5.2.1.     comply with all applicable laws when accessing and using the Storage Facility and in accordance with all rules and instructions issued from time to time by us in relation to the use and security of the Storage Facilities;

5.2.2.     avoid causing unreasonable or unnecessary disruption to our routine and procedures or to any other occupant and visitor of the Site;

5.2.3.     keep your Storage Facilities (and particularly Units) safe, clean, tidy and in good condition; 

5.2.4.     only use the Storage Facilities for storage purposes; 

5.2.5.     only visit the Site and access Storage Facilities during our opening hours (as specified on our website from time to time) for the purpose of delivering, maintaining, and removing your Goods. 

5.3.    You must not: 

 

5.3.1.     share use with, or permit access by, any person unless such person is acting solely for or on your behalf;

5.3.2.     store, or allow the storage of, by any means at the Site any of the following:

(a)         food or perishable goods unless securely packed so they are protected from and do not attract vermin;

(b)         any living creatures;

(c)         combustible or flammable substances such as gas, paint, petrol, oil, cleaning solvents, or compressed gases;

(d)         firearms, explosives, weapons, or ammunition;

(e)         chemicals, radioactive materials, biological agents, toxic waste, asbestos, or other potentially hazardous substances;

(f)          any item that emits fumes or odours;

(g)         any illegal item and/or substance;

(h)         any item and/or substance illegally obtained including without limitation, illicit (counterfeit/smuggled) tobacco, alcohol, unlicensed or unsafe goods (such as toys, electrical goods, medicines, aerosols, cosmetics, fireworks);

(i)           items of any kind which are environmentally harmful or which present a risk to any person or property; and

(j)           items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value.

5.4.       The Storage Facilities are provided for storage purposes only and you will not, nor allow any person to: 

5.4.1.     use any Storage Facility (particularly any Unit) as an office or business, home, or living accommodation or as a mailing address;

 

5.4.2.     carry out any activity which may cause a nuisance (including without limitation, cause the escape of any substance or odour, and generation of noise or vibration);

 

5.4.3.     use any Storage Facility or do anything at the Site which may invalidate or increase premiums under any insurance policies of North Pickenham Storage or any other person;

 

5.4.4.     paint or make alterations to or attach anything to the internal or external surfaces of any Unit;

 

5.4.5.     connect or provide any utilities or services (or attempt to connect or provide) to or from any area at the Site howsoever unless expressly authorised in writing by us; 

 

5.4.6.     cause damage of any kind and howsoever arising to any of the Storage Facilities (which includes by removal, haulage, or delivery contractors) nor create any obstruction, leave items, or refuse in any common space within the Site.

 

5.5.       We are not responsible for locking any unlocked Unit. Where applicable, you will secure any external gates and/or doors of the Storage Facility.

6.     Liability and insurance

6.1.       Nothing in these Terms limits or excludes: (a) your liability to pay all Storage Fees due or your liability under the indemnity in clause 7; (b) either party’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or (d) any liability which cannot legally be limited.

6.2.       Subject to clause 6.1, our total liability to you for any loss, theft, deterioration od and / or damage to the Goods will not exceed £100 unless you have purchased additional liability protection under an Order. 

6.3.       We will not be liable to you for any loss of profits, loss of contracts, loss of business, loss of or damage to goodwill or any special, indirect or consequential losses you incur.

 

6.4.       You are responsible for insuring the Goods with a reputable insurance company against all insurable risks to their full insurable value with any right for the insurer to bring a subrogated claim against us excluded. Subject to our limited liability under clause 6.2, we will have no liability to you for any loss and damage caused to your Goods whilst in any Storage Facility or on the Site except where such damage is caused by our wilful misconduct or gross negligence. We will exercise reasonable care and skill in providing the Site and Storage Facilities to you and we will keep and maintain such policies of insurance, and in such amounts as is reasonable and necessary from time to time.

 

6.5.       You must keep the Storage Facility (and Site if applicable) clean and in a state of good repair. In the event of uncleanliness of, or damage to, a Storage Facility (or Site), we will be entitled to charge you a cleaning fee, and/or claim full reimbursement of all reasonable costs of repairs, replacement, restoration, proper compensation or disposal of refuse or other items left behind, or that in any way affects the use of the Site (in whole or in part) by us or any other person. Such charges will be applied to the payment method on record in the first instance and will incur a minimum £75 fee.

 

7.     Indemnity

7.1.       If you are acting as a business, and except to the extent caused by our gross negligence or wilful misconduct, you indemnify us against all liabilities, damages, losses, fines, expenses and costs (including reasonable legal and professional fees) suffered or incurred by us in respect of: (i) your breach of this Contract; (ii) any act or omission by you, your officers, employees, agents and contractors; and (iii) any claim by a third party relating to your ownership, possession, storage or use of any item stored by you in any Storage Facility or brought onto the Site by you, or on your behalf. 

 

8.     Storage Fees

 

8.1.       You will pay the Storage Fees under an Order for the Storage Facilities monthly in advance to us in full and cleared funds. 

 

 

8.2.       The first Storage Fee will be payable on the Move-In Date and each subsequent month thereafter until cancelled or terminated in accordance with these Terms.  

 

8.3.       At the time of placing an Order, you will provide us with valid, up-to-date and complete credit or debit card details or other approved automatic payment collection method together with any other information reasonably required by us to process your payment of Storage Fees. 

 

8.4.       Unless otherwise agreed in writing, you hereby authorise us to charge you, using the payment method provided, for the Storage Fees on the Move-In Date, and each month thereafter. We will endeavour to charge you on the same day each month; however, if a Move-In Date (or anniversary thereof) falls on a day when banks in England are not open for business, Storage Fees will be charged as soon as possible once banks in England open for business.

 

8.5.       Where a payment instruction is rejected, cancelled, reversed, or otherwise fails, we will: 

 

8.5.1.     re-present the payment request;

 

8.5.2.     suspend your access to any Storage Facility in accordance with clause 9.3.1;

 

8.5.3.     charge you any reasonable bank or processing fees incurred by us; and

 

8.5.4.     treat the unpaid amount as a Debt for the purposes of our Lien and enforcement rights under clause 9.1 of these Terms.

 

8.6.       All Storage Fees on our website are stated inclusive of VAT. 

 

8.7.       We, acting reasonably reserve the right to increase the Storage Fees from time to time on not less than one month’s written notice to you.   Subject to these Terms, if you do not accept the change in Storage Fees, you may cancel this Contract immediately and without obligation to pay any further Storage Fees. In the absence of express cancellation of this Contract by you, the new Storage Fees will take effect from the next payment date; 

 

8.8.       In addition to our rights under clause 8.10 to charge you late payment fees and interest on any overdue amount, we reserve the right to increase the Storage Fees by providing one (1) month’s written notice to you if any undisputed Storage Fees remain unpaid after fourteen (14) days from the due date for payment. The new Storage Fees will take effect from the next payment date after expiry of the notice period given under this clause.

 

8.9.       In addition to the Storage Fees, you are responsible for paying to us any and all reasonable costs of cleaning, repair, replacement, reinstatement and restoration of any Storage Facility (and Site if applicable) required to be undertaken by us (or on our behalf) as a result of your use of the Storage Facility (subject to fair wear and tear) in order to put the Storage Facility (and Site if applicable) back to the standard in which the Storage Facility was in on the Move-In Date. Any such charges will be applied to your payment method on record in the first instance and will incur a minimum £75 fee. 

 

8.10.    We may charge late payment fees and interest on any undisputed amount not paid by its due date.  Each late payment fee will be £20, and interest will accrue at a rate of 3% per month of the overdue amount.  Invoices for additional charges under this clause will be provided. 

 

8.11.    All amounts payable under this Contract must be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax required by law) of any kind.

 

9.     Removal and disposal of Goods

 

9.1.    During this Contract, you hereby grant to us a particular and general contractual lien on your Goods in any Storage Facility which entitles us to retain your Goods (and any associated documentation or records) as security for payment of all sums owed (whether due or not) by you on any account (“Lien”). For the avoidance of doubt Goods which remain on our Site (whether or not in a Storage Facility) after expiry or termination of this Contract will be subject to the Lien. 

 

9.2.    The Lien will secure all present and future liabilities of you to us, whether arising under this Contract or otherwise, including Storage Fees, interest, fees, expenses, costs of recovery, enforcement costs, storage charges, and any other sums owed by you. 

 

9.3.    If you fail to pay any Storage Fees or other amounts properly due to us when due (“Debt”), we will have the right, in our discretion, to do any, or all of the following:

 

9.3.1.     deny you access to the Site, Storage Facility and Goods;

 

9.3.2.     retain possession and control of the Goods;

 

9.3.3.     relocate the Goods within or outside the Site;

 

9.3.4.     refuse to release the Goods until all outstanding amounts have been paid in full;

 

9.3.5.     take any reasonable steps necessary to preserve, protect, or realise the value of the Goods; 

 

9.3.6.     charge interest on any Debt in accordance with clause 8.10;

 

9.3.7.     withdraw, disapply, or revoke the value of any discounts and special offers (including periods of free storage) in accordance with clause 3.6. 

 

9.4.    Storage Fees will continue to accrue on any Goods retained under a Lien. 

 

9.5.    You will not be entitled to collect or otherwise recover any Goods while any Debt is outstanding. 

 

9.6.    Where:

 

9.6.1.     a Debt remains unpaid for at least one (1) month after its due date;

 

9.6.2.     you are in breach of any of these Terms and you fail to remedy such breach within any applicable cure period;

 

9.6.3.     we reasonably believe the Goods have been abandoned; or

 

9.6.4.     you have failed to remove the Goods within one (1) month of being notified to do so under these Terms, 

 

we may commence enforcement procedures under this clause 9 by giving you not less than (1) months’ written notice of our intention to enforce the Lien. The notice will be sent to the last email address provided by you and will be deemed received in accordance with the notice provisions of these Terms.

 

9.7.    Following expiry of the notice period under clause 9.6, we may:

 

9.7.1.       video the contents of the Storage Facility to reasonably ascertain the Goods in storage but we have no obligation to open, inspect, photograph, catalogue and take detailed inventory of the Goods (however we may do so in our discretion);

 

9.7.2.       appoint agents, auctioneers, or contractors in relation to the Goods;

 

9.7.3.       move, store, package, or re-package the Goods;

 

9.7.4.       sell the Goods by auction, tender, private treaty, online marketplace, or other commercially reasonable means;

 

9.7.5.       transfer good title in the Goods to a purchaser free from any rights of you; and

 

9.7.6.       if the Goods have no material market value or where disposal costs are likely to exceed sale proceeds, destroy, recycle, or otherwise dispose of the Goods.

 

9.8.       You irrevocably authorise us to execute all documents and perform all acts necessary to give effect to any sale, disposal or transfer contemplated by this clause 9.

 

9.9.       We will be entitled to deduct from the proceeds of sale:

 

9.9.1.        the Debt; 

 

9.9.2.        all outstanding charges and interest (to the extent they have not already been applied to the Debt); 

 

9.9.3.        enforcement costs;

 

9.9.4.        legal costs;

 

9.9.5.        costs of storage, handling, insurance, transportation, and sale; and

 

9.9.6.        any other sums owed by you to us.

 

9.10.    Any surplus remaining after deduction of the amounts set out in clause 9.10 will be retained for you. We may treat such surplus as forfeited if it remains unclaimed for six (6) years after the date of sale.

 

9.11.    You will remain liable for any shortfall where the net sale proceeds are insufficient to satisfy all amounts owed to us.

 

9.12.    Goods will be deemed abandoned if:

 

9.12.1.     you fail to collect the Goods within one (1) month of termination or expiry of this Contract, and we have been unable, after reasonable attempts, to contact you in that time; or

 

9.12.2.     you have failed to pay any Storage Fees for a period exceeding sixty (60) days.

 

9.13.    The rights contained in this clause are cumulative and will not restrict or replace any other rights or remedies available to us at law or under these Terms, including the right to recover any debt through court proceedings.

 

9.14.    If you are a consumer: 

 

9.14.1.     We will exercise our rights under this clause fairly, reasonably and proportionately;

 

9.14.2.     any notice given under this clause will clearly explain the action proposed and your rights;

 

9.14.3.     we will take reasonable care to obtain an appropriate market price for any Goods sold;

 

9.14.4.     we will only exercise rights of sale or disposal after giving you a reasonable opportunity to pay the Debt and recover the Goods; and

 

9.14.5.     nothing in this clause will exclude or restrict any rights which you have under consumer protection legislation.

 

9.15.    It is your responsibility for keeping your contact details up to date to all times during this Contract and you should advise us immediately of any change to your contact details including email and postal address and telephone number. 

 

9.16.    Your obligation to insure the Goods under these Terms will continue to apply to Goods whilst under Lien and we will have no liability for any damage or loss (howsoever arising) other than as set out in these Terms.

 

10.  Termination

 

10.1.    Subject to these Terms, You may cancel this Contract at any time via the online account management tool or by giving us written notice. Provided you remove all your Goods from the Storage Facility, this Contract will continue until the expiry of the relevant period for which those Storage Fees relate. 

 

10.2.      We may terminate this Contract (in whole or in part) with immediate effect by written notice to you if you commit a material breach of any provision of these Terms and fail to remedy that breach within fourteen (14) days after being notified in writing to do so. If the breach is not capable of remedy, we may terminate this Contract immediately by written notice. 

 

10.3.    We will be entitled to charge you for all reasonable costs and expenses incurred by us as a direct result of your breach including reasonable legal and professional fees. 

 

10.4.   Termination of this Contract will not affect your obligation to pay any charges accrued before termination or any liability arising from your failure to collect stored items. Our right to recover such amounts and enforce any Lien granted under this Contract will survive termination.

 

10.5.   We may terminate this Contract without cause on three (3) months prior written notice. 

 

11.  Consequences of termination

11.1.    On termination or expiry of this Contract for any reason:

 

11.1.1.     you will promptly pay all Storage Fees and such other charges which are due and payable up to the date of termination;

 

11.1.2.     we will continue to provide the Storage Facility until the end of the period for which Storage Fees have been paid;

 

11.1.3.     you will, prior to the date of termination, collect all Goods stored by you at or in the Storage Facility and/or Site and pay any outstanding charges relating to those Goods;

 

leave the Storage Facility and Site in good condition and in accordance with these Terms; 

 

11.1.4.     if you fail to collect the stored Goods prior to the date of termination, we will continue to store the Goods and charge you our then-current storage fees until collection takes place;

 

11.1.5.     termination will not affect any rights, remedies, obligations, or liabilities of either party that have accrued up to the date of termination; and

 

11.1.6.     any provision which is expressly or by implication intended to survive termination will continue in full force and effect. 

 

12.  Miscellaneous

12.1.    Subject to your right to cancel the Contract under clause 10.1 any notice under this Contract must be given in writing by email to the email address notified by the relevant party from time to time. Notices are deemed received at 9.00 am on the next working day after being sent unless the sender receives an error or failed delivery message.  

 

12.2.    Neither party will be liable for any delay or failure in the performance of its obligations for so long as and to the extent that such delay or failure results from events, circumstances or causes beyond its reasonable control. If the period of delay or non-performance continues for 14 days, the party not affected may terminate this Contract by giving not less than 14 days' written notice to the affected party.

 

12.3.    We may amend these Terms from time to time by providing you with written notice (by email). The amendments will take effect one (1) month after such notice unless you notify us in writing (in accordance with clause 12.1) of your objection before that date.  If you do not accept the amended Terms, you may terminate this Contract without incurring further charge provided that all Goods are collected from any Storage Facility prior to the change coming into effect and you are not otherwise in breach of any of these Terms. The continued use of the Storage Facilities after the expiry of the notice period will constitute acceptance by you of the amended Terms. 

 

12.4.    This Contract constitutes the entire agreement between the parties, and each party agrees that it has not relied on any statement, representation or assurance in entering into this Contract which is not expressly included in it.  

 

12.5.    If any provision, or part provision of this Contract is found to be invalid, illegal or unenforceable, that provision will be deemed amended to the minimum extent necessary to make it valid, legal and enforceable. If amendment is not possible, the provision will be deemed deleted. Any amendment or deletion will not affect the validity and enforceability of the rest of this Contract. 

 

12.6.    No failure or delay by us in exercising any right, power or remedy under this Contract will operate as a waiver of that right, power or remedy, nor will any single or partial exercise of any right, power or remedy prevent any further exercise of that or any other right, power or remedy. A waiver will only be effective if made in writing and signed by us.

 

 

12.7.    You may not assign, transfer, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of your rights and obligations under this Contract without our prior written consent. We may assign, transfer, novate or otherwise deal with any of our rights and obligations under this Contract. 

 

12.8.    A person who is not a party to this Contract will have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it. The parties may vary or terminate this Contract without the consent of any third party. 

 

12.9.    If a dispute arises out of or in connection with this Contract, the parties will first seek to resolve the dispute through good faith negotiations. If the dispute is not resolved within one (1) month, the parties will attempt to settle it by mediation before commencing court proceedings, except where urgent injunctive or other interim relief is required.

 

12.10.  This Contract and any dispute or claim arising out of or in connection with it will be governed and construed in accordance with English law and will be subject to the exclusive jurisdiction of the English courts.