Ashford 01233 622451

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Otford Branch

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Otford Builders Merchants Limited
CONDITIONS OF SALE

1. Information about us and how to contact us


1.1. We are Otford Builders Merchants Limited, a company incorporated in England and Wales with company number 01020161 (the ‘Company’, ‘we’ or ‘us’). Our registered address is 60 High Street, Otford, Sevenoaks, Kent, TN14 5PH . Our registered VAT number is GB210 0951 21.


1.2. You can contact us by calling our customer service team on 01959 524811 or by writing to us by email at enquiries@obmltd.co.uk or to the registered address listed above.


1.3. These conditions (the “Conditions”) apply to all sales of Goods by the Company and shall prevail over any other terms and conditions the Customer seeks to impose or incorporate or which are implied by trade, custom, practice or course of dealing.


1.4. The Company’s agents or representatives shall have no authority to vary these Conditions unless specifically agreed in writing by the Company and the Customer, and any such variation must be signed by an authorised signatory of the Company. We reserve the right to vary these Conditions from time to time.


1.5. The following terms below shall have the following meanings in these Conditions:


Accepted: means the acceptance by the Company of an Order, as described in clause 4.1.


Contract: means the contract between a Customer and the Company for the supply of the Goods set out in an Order which is made at the point at which an Order is Accepted.


Customer: the person or firm who purchases the Goods from the Company. Where the context allows we also refer in these Conditions to the Customer as ‘you’.


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


Order: the Customer's order for the Goods, however placed, which may be set out in the Customer's purchase order form or the Customer's written acceptance of the Company's quotation, or be placed over the telephone, or in branch, as the case may be.


Special Order: any order which is bespoke, personalised or custom made for the Customer.


2. These Conditions


Please read these Conditions carefully before you submit an Order to us. These Conditions tell you who we are, how we will provide Goods to you, how you and we may change or end the Contract, what to do if you want to return the Goods, and other important information.


3. Business customers and consumers


3.1. You will have different rights depending on whether you are a consumer or a business customer. You are a consumer if:


3.1.1. you are an individual; and
3.1.2. you are buying Goods from us wholly or mainly for your personal use (and not for use in connection with your trade, business, craft or profession).


3.2. These Conditions are generally applicable to both consumer and business customers, however where specific provisions apply only to consumer or business customers, we will indicate this using bold font at the start of the relevant provision.


4. The Order


4.1. The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Order shall only be deemed to be Accepted when the Company issues either a written acceptance of the Order, or a verbal Acceptance of the Order over the telephone, at which point a Contract between the Company and the Customer shall come into existence.


4.2. Please note that all telephone calls, including telephone calls to place an Order, are recorded.


4.3. The Customer is responsible for ensuring that the terms of the Order submitted by the Customer are complete and accurate. This will be especially important when placing a Special Order. If, as part of a Special Order we are making or procuring a product to measurements or requirements that you have given to us, you are responsible for ensuring that such measurements or requirements are correct.


5. Our Goods


5.1. Goods may vary slightly from their pictures. Although the Company has made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Goods and your Goods may vary slightly from those images.


5.2. If you are a business customer, any samples, drawings, descriptive matter or advertising produced by the Company and any descriptions or illustrations contained in the Company's catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force.


5.3. The Company shall have the option to supply all or any of the Goods to the nearest metric equivalent.


6. Delivery


Delivery Costs


6.1. Unless otherwise agreed by the Company, the cost of delivery shall be as shown on our website page, as updated from time to time, which can be found here: https://www.obmltd.co.uk/page/delivery. You can also request a hard copy of the delivery price list by contacting us using the details in clause 1.


Where the Goods will be delivered to


6.2. The Company shall deliver the Goods to the kerbside of the address set out in the Order or such other location as the parties may agree (the ‘Delivery Location’).


6.3. The Company’s delivery personnel are not permitted to enter into or onto a Customer’s premises unless specifically requested to do so by a Customer or their appointed contractor. If, at the Customer’s request the delivery personnel enter the Customer’s premises, they do so at the Customer’s sole risk and whilst the Company’s delivery personnel will use due skill and care to avoid any property damage, the Company shall, subject to clause 14.2, have no liability for any damage incurred as a result.


6.4. Goods will be delivered to the Delivery Location provided a suitable road exists for the purpose of unloading and provided the delivery personnel deem the Delivery Location safe. If, in the delivery personnel’s sole discretion, the Delivery Location is unsafe or the road is either unsuitable or no road exists at all, delivery will be made to the nearest kerbside point that the Company’s delivery personnel deem safe.


6.5. Delivery is deemed complete and accepted at the point at which the Goods arrive at the Delivery Location ready for unloading.


6.6. All necessary labour and equipment required to unload the Goods immediately upon delivery shall be supplied by the Customer and the Company’s delivery personnel shall not be responsible for unloading the Goods.


When the Goods will be delivered


6.7. Except for Special Orders, the Company shall deliver the Goods at any time after the Company notifies the Customer that the Goods are ready, and in any event within 30 days after an Order is Accepted unless otherwise stated by the Company. The Company will inform you if delivery of an Order is likely to take longer than 30 days.


6.8. The Customer will be advised of an approximate timeframe for delivery of a Special Order at the time the Special Order is placed.


Delivery in instalments


6.9. The Company may deliver the Goods by instalments, in which case the dates for delivery of each instalment will be agreed on a case by case basis.


6.10. Instalments shall be invoiced and paid for separately. Any delay in delivery of or defect in an instalment shall not entitle the Customer to cancel any other instalment. In the case of any sale involving more than one delivery, if default is made in payment on the date due, the Company reserves the right to suspend any further deliveries until payment is made.


Delays in delivery


6.11. Delivery dates agreed in any quotations or acceptance forms are only approximate and the time of delivery is not of the essence.


6.12. If the delivery of the Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for any delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Goods you have paid for but not received.


What happens if no-one is available at the Delivery Location


6.13. If no-one is available to unload and confirm receipt of the Goods at the Delivery Location, the delivery personnel shall, at their sole discretion either leave the Goods at the Delivery Location if they deem it safe to do so, or return the Goods.


6.14. In the event that the Goods are returned in accordance with clause 6.13:


6.14.1. the delivery personnel will leave a note informing the Customer how to rearrange delivery or, if applicable, where to collect the Goods from;
6.14.2. the Customer will be charged the delivery cost together with any subsequent delivery costs incurred by further attempts at delivery together with any associated abortive charges; and
6.14.3. the Company shall also be entitled to store the Goods at the risk of the Customer and charge the Customer for appropriate storage costs.
6.15. Where the delivery personnel deliver the Goods but are unable to obtain a signature confirming delivery of the Goods, they will take a photograph of the Goods being left at the Delivery Location and this will be deemed proof of delivery.


What happens if we are unable to arrange re-delivery


6.16. If you are a consumer and, despite the Company’s reasonable efforts, the Company is unable to contact you for further instructions or the Company is otherwise unable to deliver the Goods to the Customer within a reasonable time, the Company may end the Contract and clause 11 shall apply.


6.17. If you are a business customer, and ten business days after the day on which the Company notified you that the Goods were ready for delivery you have still not accepted delivery of them, the Company may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.
.
Waiting and part-load charges


6.18. Where there is a delay of more than 15 minutes in unloading the Goods at the Delivery Location, the Customer may be charged the following waiting charges, each of which shall be payable to the Company:


6.18.1. a waiting fee at either the supplier’s applicable rate, or as specified on our website page https://www.obmltd.co.uk/page/delivery; and
6.18.2. an administration charge of £50 plus VAT.


6.19. Where the Customer places an Order for less than a full load of Goods, the Customer may be charged a part-load charge. If this charge is applicable, the Customer will be notified at the time of placing the Order.


Where the quantity of Goods delivered is different to the ordered quantity


6.20. The Company does not accept liability for shortages in quantities of the Goods, whether delivered or collected, unless the Customer notifies the Company within one business day of delivery or collection.


6.21. The Customer shall not be entitled to reject the Goods if the Company delivers up to and including 5% more or less than the quantity of Goods ordered, but a pro rata adjustment shall be made to the Order invoice on receipt of notice from the Customer that the wrong quantity of Goods was delivered.


7. Title and risk


7.1. The risk in the Goods shall pass to the Customer on completion of delivery.


7.2. If you are a consumer then title in the Goods shall pass to you when the Company receives payment in full for the Goods.


7.3. If you are a business customer, the following provisions of this clause 7 shall apply to you with respect to title in the Goods:


7.3.1. Title to the Goods shall not pass to a business customer until the earlier of:
7.3.1.1. the time at which the Company receives payment in full (in cash or cleared funds) for the Goods and any other goods that the Company has supplied to the business customer, in which case title to the Goods shall pass at the time of payment of all such sums; and
7.3.1.2. the business customer resells the Goods, in which case title to the Goods shall pass to the business customer immediately before the time at which resale by the business customer occurs.


7.3.2. Until title to the Goods has passed to the business customer, the business customer shall:


7.3.2.1. store the Goods separately from all other goods held by the business customer so that they remain readily identifiable as the Company's property;
7.3.2.2. not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
7.3.2.3. maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
7.3.2.4. notify the Company immediately if it becomes subject to any of the events listed in clause 13.2;
7.3.2.5. give the Company such information relating to the Goods as the Company may require from time to time; and
7.3.2.6. afford to the Company access to the Goods by way of irrevocable licence during all normal business hours, irrespective of whether they are on land owned or occupied by the business customer or its customer.


7.4. Subject to clause 8.13 the business customer has the right to sell and deliver the Goods or the resultant goods to third parties in the ordinary course of his business before the Company receives payment for the Goods but shall hold the proceeds of sale on trust for the Company. The business customer therefore assigns to the Company all rights and claims which the business customer may have against its customers arising from such sales until full payment is made to the Company for the Goods.


8. Price and Payment


Price of the Goods
8.1. The price payable for the Goods sold shall be contained in the Company’s current price list at the time the Order is placed. If no list price is given for the Goods sold, then the price to be paid shall be the price specified in the Company’s quotation.


8.2. If you are a business Customer, all prices are exclusive of VAT. The Customer shall, on receipt of a valid VAT invoice from the Company, pay to the Company such additional amounts in respect of VAT as are chargeable on the supply of the Goods.


8.3. If you are a consumer, the price of the Goods, including VAT, will be set out in the quotation or otherwise displayed to you prior to you placing an Order.


8.4. Quotations and prices are for the supply of Goods and materials only. No other terms of any main building contract shall affect these conditions.


Quotations and estimates


8.5. Quotations are valid for 30 days only and the Company reserves the right to withdraw any quotations at any time prior to an Order being Accepted.


8.6. Any estimate given by the Company or its representative in respect of quantities cannot be guaranteed and is given without obligation on the part of the Company and the Customer will be entirely responsible for ascertaining the quantities required.


Changes to the price


8.7. The Company shall have the right, without notice, to revise prices where necessary prior to the placement of any Order.


Ways to pay


8.8. Credit accounts will be opened at the Company’s discretion, subject to a satisfactory credit reference being received. Payment for Goods supplied on credit accounts shall become due for payment 30 days after the end of the month during which the Goods were delivered unless other terms have been agreed with the Company in writing. Please note that Special Orders may not be paid for using a credit account unless otherwise agreed prior to placement of the Special order.


8.9. Unless you are paying using a credit account, all Orders will be paid for at the time the Order is placed. All Special Orders will be paid for in full in advance or as otherwise agreed.
What happens if you disagree with an invoice


8.10. If the Customer wishes to dispute any invoice, it shall notify the Company in writing prior to the due date for payment of the relevant invoice and provide full details of the disputed amount and the nature of the dispute. The Customer shall pay the undisputed portion of any invoice in accordance with clause 8.8.


8.11. Any dispute of an invoice must be received by the company within seven business days of receipt of the invoice.

 


What happens is you are late paying
8.12. If the Customer fails to make payment, the Company shall be entitled to charge interest on the balance outstanding. Interest shall be payable on all amounts that are not subject to a dispute in accordance with clause 8.10 and 8.11. Interest and late payment compensation shall be charged in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998.


8.13. If you are a business customer, the Company reserves the right to re-possess any of the Goods in respect of which payment is overdue and thereafter to re-sell the same, and for this purpose the business customer hereby grants an irrevocable right and licence to the Company’s servants and agents to enter upon all or any of its premises with or without vehicles during normal business hours. This right shall continue to subsist notwithstanding the termination of the Contract through the happening of any of the events specified in clause 13.2.


8.14. If you are a business Customer, you 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). The Company may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the business customer against any amount payable by the Company to the business customer.


9. Pallet charges


9.1. Pallets and some other types of packing materials will be charged to the Customer. When the Customer returns the pallets and packing materials to the Company or the supplier (as applicable), the charges for the relevant pallets and packing materials will be refunded in full providing such pallets and packing materials are returned in a good condition (viewed at the Company or the relevant supplier’s discretion).
No refund will be given in respect of any pallets or other packing materials which are either not returned, or are returned damaged. No partial refunds will be given for damaged pallets.


9.2. Pallets will be charged at the Company’s current rates which will be notified to you in advance.


9.3. Where your Order is supplied and delivered directly by the manufacturer, please note that the manufacturer will not accept responsibility for the collection of pallets. Whilst we will, wherever possible, attempt to arrange collection of pallets via manufacturers, we cannot be held responsible for non-collection of pallets supplied directly by manufacturers. It is your responsibility to arrange for the return of pallets and other chargeable packing materials.


9.4. Where the Customer is entitled to a refund, it will be processed as soon as possible following receipt of returned pallets and packing materials that are eligible for a refund, and in any event within 60 days of the same. Refunds will be credited to the credit or debit card you used to pay for the pallets or packing materials, or to your account if you paid using your credit account. If you do not receive a refund within this time, you must contact us at the details set out in clause 1.2 within 90 days of the date on which the pallets were returned. If you contact us outside of this time period, we may not be able to assist you or ensure you are refunded.


10. Returns


10.1. The Customer’s right to return the Goods and whether they are entitled to a refund will depend on the type of Goods ordered, whether there is anything wrong with the Goods, when the Customer decides to return the Goods and whether the Customer is a consumer or a business.


Returning Special Orders


10.2. Special Orders may only be returned if they are faulty or do not meet the specification as set out in the Order. Please see clause 10.3 if you are a consumer, and clauses 10.4 to 10.6 if you are a business customer.


What happens when the Goods are faulty or misdescribed


10.3. If you are a consumer and the Goods are faulty or misdescribed:


10.3.1. you may return the Goods and we will offer you a repair or refund in accordance with your statutory rights, which can be summarised here: https://www.citizensadvice.org.uk/about-us/how-citizens-advice-works/citizens-advice-consumer-work/the-consumer-rights-act-2015/; and
10.3.2. where we offer you a refund, refunds will be made to the credit or debit card you paid for the Goods on, or to your account if you paid using your credit account, and will be processed as soon as possible and within 14 days of receiving the returned Goods. Refunds will include the delivery price of the Goods.


In each case, if you are unable to return the Goods to the store due to their weight or size, please email us at enquiries@obmltd.co.uk , or call us on 01959 524811 and we will arrange collection free of charge.

 

Please note that your right to return faulty Goods does not include faults caused by accident, neglect, misuse or normal wear and tear.


If you are a business customer and the Goods are faulty or misdescribed, the below provisions of this clause 10 shall apply to you:


10.4. The Company warrants that on delivery the Goods shall:


10.4.1. conform in all material respects with their description;
10.4.2. be free from material defects in design, material and workmanship; and
10.4.3. be suitable for their usual purpose.


10.5. Subject to clause 10.6, if the business customer:


10.5.1. gives notice in writing to the Company within a reasonable time of discovery, and in any event within a reasonable time following delivery, that some or all of the Goods do not comply with the warranty set out in clause 10.4;
10.5.2. the Company is given a reasonable opportunity of examining such Goods; and
10.5.3. returns such Goods to the Company's place of business at the Customer's cost,
the Company shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full. If the Company complies with this obligation, it shall have no further liability in respect of, or arising from the relevant Goods.


10.6. The Company will not be liable for any fault in the Goods to the extent it arises from:


10.6.1. fair wear and tear, damage caused by the business customer’s or any third party’s default, negligence or misuse of the Goods, including the deliberate or accidental destruction of or damage to the Goods;
10.6.2. any failure to install, use or maintain the Goods in accordance with the Company’s or the manufacturer’s instructions;
10.6.3. any alterations, modifications or repairs made to the Goods other than those carried out by the Company; and
10.6.4. any drawing, design, specification or instruction supplied or approved by the business customer.


What happens if you change your mind


10.7. If the Customer: (i) is a business customer and changes its mind about the Goods however ordered; or (ii) a consumer and changes its mind about Goods ordered in store, then in each case the Customer does not have a legal right to a refund. The Company may, at its absolute discretion, accept Goods returned in an “as new” condition for either a refund or exchange, in which case, clause 11 applies.


10.8. If you are a consumer and have changed your mind about Goods ordered online or by phone, you have a legal right to change your mind within 14 days of receiving the Goods and to receive a refund. Please note that this does not apply to any Special Orders. In order to return the Goods and receive a refund you must:


10.8.1. tell us within 14 days of receiving the Goods that you have changed your mind and that you want to return the Goods. You can do this by completing our cancellation form (which we will provide to you on request) and returning the Goods to our stores together with your receipt. If you cannot return the Goods to store due to their size or weight, you can let us know that you want to return the Goods by sending us an email to enquiries@obmltd.co.uk or by calling us on 01959 524811, and telling us that you need to arrange for the Goods to be collected;
10.8.2. within 14 days of telling us that you want to return the Goods, you must return the Goods to us. If you have told us that you are unable to return the Goods to us due to their size or weight, we will arrange to collect the Goods from you. If we collect the Goods from you, we will charge you a collection fee. The collection fee will be the same as our delivery fee or the supplier’s fee, whichever is higher;
10.8.3. return the Goods in their original condition.
Provided you comply with clauses 10.8.1, 10.8.2 and 10.8.3, we will refund you the price you paid for the returned Goods, less any delivery fee and less any collection fee charged in accordance with clause 10.8.4. Refunds will be made to the credit or debit card you paid for the Goods on, or to your account if you paid using your credit account, and will be processed as soon as possible and within 14 days of receiving the returned Goods. Please note that we have a right to reduce the amount of any refund to reflect any decrease in the value of the Goods caused by the manner in which you have handled them.


11. Restocking fees


11.1. Where the Company accepts a return of the Goods in situations where the Company is not legally obliged to do so, or where the Goods are returned as a result of failed delivery, the Company will refund to the Customer the price of the returned Goods less:


11.1.1. any restocking fee charged by the supplier, which will be notified to the Customer upon the Company accepting the return;
11.1.2. a discretionary administration charge equal to 15% of the price of the returned Goods; and
11.1.3. if the Company collects the Goods from the Customer, a collection fee will be charged to the Customer. The collection fee will be the same as our delivery fee, or where a haulier collects the Goods from the Customer, the haulier’s charge plus an administration fee of £50 + VAT per load.


12. Change of contracting party (applies to business customers only)


If you are a business customer and at any time you change your constitution or, being a sole trader or partnership, shall become incorporated or amalgamated with others, you shall give prior notice to the Company of the intended change. Continuance of trading pursuant to such a change or amalgamation will be at the Company’s sole discretion. If a change is not notified, the directors of the existing business customer will be liable for any outstanding debts owed to the Company.


13. Ending the Contract


How the Company can end the Contract


13.1. The Company may end the Contract with a Customer if:


13.1.1. the Customer does not make any payment when due;
13.1.2. the Customer does not, within a reasonable time of asking for it, provide the Company with information that is necessary to provide the Goods, for example you do not give us a valid address for delivery; or
13.1.3. the Customer does not allow the Company to deliver the Goods or collect them from us in accordance with clauses 6.13, 6.16 and/or 6.17 and as applicable.


13.2. If you are a business customer, the Company may, on written notice, terminate the Contract immediately in the event that:


13.2.1. the business customer is deemed insolvent;
13.2.2. the business customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts;
13.2.3. 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 business customer’s business;
13.2.4. an application is made, or an order is made, for the appointment of an administrator;
13.2.5. the business customer is the subject of an adverse credit agency report; or
13.2.6. a person becomes entitled to appoint a receiver over the business customer’s assets or a receiver is appointed over the business customer’s assets.


13.3. If you are a business customer then without limiting its other rights or remedies, the Company may suspend provision of the Goods under the Contract or any other contract between the business customer and the Company if the business customer becomes subject to any of the events listed in clause 13.2, or the Company reasonably believes that the business customer is about to become subject to any of them, or if the business customer fails to pay any amount due under this Contract on the due date for payment.


What happens if the Company ends the Contract


13.4. Subject to clause 13.5, if the Company ends the Contract in the situations set out in clause 0, the Company will refund the Customer any money paid in advance for any Goods the Company does not provide but the Company may deduct or charge the Customer reasonable compensation for the net costs the Company will incur as a result of the Customer breaking the Contract. The Company may also charge re-stocking fees in accordance with clause 11.


13.5. If the Customer has placed a Special Order and the Company ends the Contract in the situations set out in clause 0, the Customer shall not be entitled to any refund.


What happens when the Contract ends


13.6. On termination of the Contract for any reason the Customer shall immediately pay to the Company all of the Company's outstanding unpaid invoices and interest.


13.7. Termination of the Contract, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination.


14. Liability


When neither party is liable to the other


14.1. 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 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.


When the Company is not liable to you


14.2. The Company does not exclude or limit in any way its liability to the Customer where it would be unlawful to do so. This includes liability for:


14.2.1. death or personal injury caused by the Company’s negligence or the negligence of the Company’s employees, agents or subcontractors;
14.2.2. fraud; or
14.2.3. for any legal rights and remedies available to the a consumer under consumer law.


14.3. If you are a consumer, then subject to clause 0, the Company will only be liable to you for foreseeable loss and damage that the Company cause. If the Company fails to comply with the terms of this Agreement, then the Company is responsible for loss or damage you suffer that is a foreseeable result of the Company breaking this Agreement or the Company failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if:


14.3.1. it is obvious that it will happen; or
14.3.2. if, at the time the Agreement was made, we both knew it might happen.


14.4. If you are a business customer, then subject to clause 0:


14.4.1. the Company shall under no circumstances whatsoever be liable to the business 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;
14.4.2. the Company's total liability to the business 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 the price of the Goods; and
14.4.3. all warranties, conditions, terms and liabilities express or implied, statutory or otherwise, on the part of the Company, in respect of compliance with descriptions, the quality or the fitness for purpose of the Goods which are not expressly set out in this Agreement are excluded except to the extent such exclusion is prohibited or limited by law.


15. Data protection


15.1. From time to time the Company may process the Customer’s personal data in connection with the Contract or other dealings between the parties. Where the Company does process Customer personal data, it shall do so in accordance with the Company’s privacy policy, a copy of which can be found at https://www.obmltd.co.uk/page/privacy-policy.


16. General


16.1. You may not transfer any of your rights or obligations under these Conditions to another person without our prior written consent. We can transfer all or any part of these Conditions to another organisation but your rights under these Conditions will not be affected.


16.2. The failure by either party to exercise or enforce any rights conferred by these Conditions shall not be deemed to be a waiver or any such rights nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.


16.3. These Conditions are governed by the laws of England and Wales.


16.4. 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 these Conditions or their subject matter or formation (including non-contractual disputes or claims).


16.5. If any part of these Conditions is disallowed or held to be ineffective by any court or other competent body, the rest of the Conditions will not be affected.