Terms and Conditions for Training Courses

Important Notice: Please read these terms carefully and make sure you understand them.  The Agreement governs the booking of the Training.  By placing a booking with the Supplier is deemed that the Customer and all Delegates have accepted the terms of the Agreement.  Should the Customer not accept the Agreement please do not proceed with booking the Training Course(s).

By attending the Training, Delegates acknowledge these terms and agree that the Supplier and trainer shall not be held liable for any loss, damage or any direct, indirect or consequential losses arising from the use or misuse of the Training provided and the Delegate remains solely responsible for how they interpret and apply the Training within their own practice.

The Training is designed for awareness and guidance.  It is not an accredited or certified qualification.

  1. Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions shall have the following meanings:

Agreement: these Terms and Conditions, Booking Confirmation, Joining Form and the Training Course detailed on the Supplier’s website at https://www.rockwool.com/uk/education-and-training/training-academy/

Awareness Training (Including Product Installation): A structured program designed to provide the Delegates with knowledge and understanding of specific topics, risks, or regulatory requirements and includes supervised practical demonstrations of product installation. The Delegates gain awareness of hazards, correct installation techniques, and safe working practices, but this training does not certify competency to install products unsupervised.

Booking: the Customer's order for the Training, as set out in the Customer's purchase order form, or as requested by the Customer through electronic means or in the Customer’s written acceptance of the Supplier’s quotation. 

Booking Confirmation: the written acceptance sent by the Supplier to the Customer, confirming acceptance of the booking .

Charges: the charges payable by the Customer for the Training as detailed on the Supplier’s  website at https://www.rockwool.com/uk/education-and-training/training-academy/ and Booking Confirmation.

Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures: as defined in the Data Protection Legislation.

Customer: means the individual or entity entering into the Agreement and who is responsible for payment of the Training. Where the Customer is an individual and personally attends the Training, references to “Customer” shall also mean “Delegate”, and vice versa.

Data Protection Legislation means:

(a) The General Data Protection Regulation (GDPR), the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003; and

(b) any other legislation in force from time to time relating to privacy and/or the Processing of Personal Data and applicable to the provision and receipt of Training under these Terms and Conditions; and

any statutory codes of practice issued by the Information Commissioner in relation to such legislation.

Delegate(s): means any individual nominated by the Customer to attend the Training. Where the Customer is an individual and personally attends the Training, references to “Customer” shall also mean “Delegate”, and vice versa.

Factory Tour: means is a guided tour through the Supplier’s manufacturing facility where the Delegates can see how the Supplier’ products are made.

Intellectual Property Rights:  patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Joining Form: is a document submitted to the Delegate by the Supplier to collect essential personal, professional, and administrative information needed to complete the onboarding process and to provide the Delegate with PPE requirements and security and health & safety information prior to the Delegate attending/participating in the Training.

Product Installation Training: A structured instructional program designed to teach Delegates how to correctly, safely, and efficiently install a specific product or system in accordance with manufacturer specifications, best practice guidance, and applicable regulatory or safety standards. This includes theoretical instruction, practical demonstrations, hands-on exercises and safety training. 

Supplier: ROCKWOOL Ltd,  a company registered in England and Wales under company registration number 972252 with our registered office at Pencoed, Bridgend CF35 6NY. 

Supplier Equipment:  any equipment, including insulation knives, sharp tools, hardware, tools, systems, cabling or devices supplied by the Supplier to the Delegate to solely use for participation in the Training.

Terms and Conditions: means these terms and conditions as amended from time to time.  

Training: means Awareness Training and Product Installation Training  as detailed in the Training Courses on the Supplier’s website and presented in the Training Course Material. 

Training Courses: the Training as published on the Supplier’s website which includes but not limited to the Training, prices, contact details and verification requirements which are applicable to the Training requested by the Customer. 

Training Course Materials: All content, documents, resources, and media provided to the Delegates for the purpose of delivering or supporting a Training Course. This includes, but is not limited to, presentations, manuals, handouts, worksheets, technical guides, videos, digital content, assessments, diagrams, product information, instructions, and any associated intellectual property, whether supplied in physical or electronic form.

Training Facility: Hams Hall 160, Unit 2, Hams Hall, Canton Lane, Birmingham B46 1GA.  

1.2 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

1.3 A reference to "writing" or “written” includes email.

2. Application

2.1  The Customer and / or Delegate will register their interest via the Supplier’s website, the Supplier shall, contact the Customer and/or the Delegate to verify the interest and, subject to clause 3.5, ascertain the best course, if any, for the Delegates to attend.

2.2  The booking constitutes an offer by the Customer to purchase the Training in accordance with these Terms and Conditions. 

2.3  By placing a booking, the Customer accepts these Terms & Conditions and is responsible for ensuring Delegates comply with these Terms and Conditions and any additional rules of the Supplier.

2.4  All Delegates must be aged 18 or over to attend the Training.

2.5  The booking shall only be deemed to be accepted when  the Supplier issues a Booking Confirmation  at which point and on which date the Agreement shall come into existence.

2.6   Save for terms pertaining to the relevant Training detailed on the Supplier’s website  or the Agreement, any descriptive matter or advertising issued by the Supplier, and any descriptions contained in the Supplier’s catalogues, brochures or on their website, are issued or published for the sole purpose of giving an approximate idea of the Training described in them. They shall not form part of the Agreement nor have any contractual force.

2.7   The Agreement applies to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.6  The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Customer that is inconsistent with these Conditions.

2.7     In the event of a conflict between the provisions set out in these Terms and Conditions and the Training Course  these Terms and Conditions will prevail.

 

3. Supply of Training 

3.1 The Training supplied to the Delegates is described in the Training Course as detailed on the Supplier’s website.  

3.2 All Training will be provided to the Delegates  at the Training Facility unless otherwise stated.

3.3 The Supplier shall use all reasonable endeavours to provide the Training in accordance with the Training Course detailed on the Supplier’s website  and the Agreement.

3.4 The booking of the Training will be confirmed via a Booking Confirmation issued by the Supplier.

3.5 If the Supplier is unable to accept the Customer’s booking for any reason, the Customer will be notified as soon as reasonably practicable and the Customer will not be charge for the Training.  

3.6 The Supplier reserves the right to amend the Training if necessary to comply with any applicable law or regulatory requirements, or if the amendment will not material affect the nature or quality of the Training and the Supplier shall notify the Customer in any event. 

3.7 In the event that the Supplier needs to make significant changes to the Training or the Agreement, the Supplier shall notify the Customer and the Customer has the right to cancel the Training at no additional cost,  transfer the booking to another individual at no additional cost to the Customer or to transfer the booking to another Training Course (for which a fee may be payable if the selected course is a higher price than the original booked course).

3.8 Notwithstanding the above sub-clauses, the Supplier reserves the right to cancel, reschedule and/or amend the Training at any time for any reason, without incurring additional liability to the Customer or any Delegates including but not limited to travel, accommodation, labour downtime. In such circumstances, the Supplier will offer (at its sole discretion) alternative dates, a full refund, or a credit note. 

4. Delegate ’s obligations 

4.1         The Delegate and or the Customer whichever is applicable  shall: 

4.1.1  co-operate with the Supplier in all matters relating to the Training;

4.1.2  pays all Charges relating to the Training

4.1.3  comply with all the requirements set out in the Training Course  and the Agreement  when attending the Training; 

4.1.4  observe all health and safety rules and regulations including but not limited to PPE requirements as stipulated in the Joining Form, fire evacuation procedures, instructor guidance and any other security requirements that apply at the Training Facility; and

4.1.5  not do or omit to do anything which may cause the Supplier to lose any licence, authority, consent, membership, accreditation or permission on which it relies for the purposes of conducting its business and the Training;

4.1.6  provide the Supplier, its employees, agents, consultants and subcontractors, with any information which may reasonably be required by the Supplier in order to carry out the Training, including but not limited to details in respect of the Delegate(s) and ensure that such information is complete and accurate in all material respects;

4.1.7  attend on time for all parts of the Training;

4.1.8  not behave inappropriately in anyway whatsoever;

4.1.9  not give cause for concern that its continued participation may cause offence or injury to the Delegate(s) or other participants;  

4.1.10  not be under the influence of drugs or alcohol or behave in a way that compromises safety; 

4.1.11  ensure they meet any course prerequisites (e.g., literacy levels, experience, physical fitness, dress code) stipulated by the Supplier and which is required to participate in the Training; 

4.1.12  meet the minimum age requirements for the Training and all verification requirements as stipulated in the Joining Form and / or the Training Course; and/or

4.1.13  comply with the Terms and Conditions.

4.2  The Supplier reserves the right to terminate the Customer’s booking of the Training, refuse access to the Customer and/or its Delegate(s) to participate, or continue to participate, in the Training Course and ask to the Delegate to leave the Training Facility with immediate effect with no refund issued if the Delegate fails to comply with any of the above obligations.

4.3  In accordance with this clause 4, on termination of the Customer’s booking or removal from the Training, the Customer will not be entitled to a refund or reimbursement of any Charges or costs associated with the Customer’s and/or its Delegates participation in the Training and will be liable to pay any outstanding amounts owing to the Supplier for the applicable Training course.    

5. Cancellation and Transfer of your Training 

5.1  The Customer may cancel or transfer the Training in accordance with this clause 5 by contacting the Supplier on  01656 868 446 or by writing to the Supplier at uk.trainingacademy@rockwool.com  

5.2  In the event of cancellation, 

5.2.1   In the event the Customer wishes to cancel a Training course then the following will apply:          

5.2.1.1  More than 4 weeks before the Training course is due to commence the Customer shall be entitled to a full refund of the Charges

5.2.1.2  Between 2-4 weeks before the Training course is due to commence, the Customer shall be entitled to 50% refund of the Charges 

5.2.1.3  Less than 2 weeks before the Training course is due to commence, the Customer will not be entitled to a refund of the Charges 

5.2.2  Training may only be cancelled in accordance with this clause 5. The Customer will not be entitled to refund should they fail to cancel the Training in accordance with this clause 5 or fails to attend the Training. .  

5.3  In the case of transfer:

5.3.1  In the event the Customer wishes to transfer the booked Training to another individual, this is not subject to any transfer fee. 

5.3.2   In the event the Customer wishes to transfer the booked Training Course to another Training Course, this will be subject to a fee as set out below, transfer fees are subject to VAT; the following shall apply:

5.3.2.1  More than 2 weeks before the Training Course is due to commence:

  • First transfer at no charge;
  • Subsequent transfers will incur a charge of 25% of the Charges paid.

5.3.1.2   Less than 2 weeks before the Training Course is due to commence the Customer shall pay 100% of the Charges as a transfer fee.

5.4  Transfer fees will be calculated from the original booking cost.

5.5  If the Training Course that the Customer wishes to be transferred to is of a higher cost than the original booked Training Course the difference in Charges will be payable in accordance with Clause 6.

5.6  If the Training course that the Customer wishes to be transferred to is of a lower cost than the original booked Training Course the below will apply:

5.6.1  More than 4 weeks before the Training Course is due to commence the Customer shall be entitled to a full refund of the difference between the cost of the two Training Courses.

5.6.2  Between 2-4 weeks before the Training Course is due to commence, the Customer shall be entitled to 50% of the difference between the cost of the two Training Courses.

5.6.3  Less than 2 weeks before the Training Course is due to commence, no refund will be issued to the Customer. 

5.7  Any transfer of booking will not be completed until the earlier of:

5.7.1  the Customer  receiving written confirmation from the Supplier  of the transfer to an alternative Training Course; or

5.7.2  the individual to whom the Customer is transferring its booking has received written confirmation from the Supplier.

5.8  Nothing in these terms allows the Customer to resell or offer for resale at a premium, the booking of the Training Course. 

6. Price and payment

Unless otherwise agreed between the Supplier and the Customer, the Charges for the Training are set out in the applicable current Training Course and/or Booking Confirmation and shall be calculated on a per session per Delegate basis and are governed by this Agreement.

6.2  The Supplier, shall at its discretion, issue a pro-forma invoice to the Customer or request the Customer to make payment via the Supplier’s training team prior to the Booking Confirmation being sent out.

6.3  The Supplier shall invoice the Customer for the Training Course on or at any time from the date of the Booking Confirmation.

6.4  The Supplier reserves the right by giving notice to the Customer at any time before delivery of the Training to increase the Charges to reflect any increase in the cost to the Supplier which is due to any factor beyond the control of the Supplier (including but not limited to foreign exchange fluctuations,  increases in taxes and duties and increases in labour, materials and other manufacturing costs). 

6.5  Unless otherwise stipulated by the Supplier, payment in the agreed method for the Training supplied by the Supplier shall be made in full and cleared funds within 14 days from the date of the invoice or prior to the Training commencing whichever is the earlier. 

6.6  If the Charges for the Training or any part thereof remain unpaid after the date when the same shall become due or prior to the commencement of the Training then the Supplier reserves the right to cancel the Training and/or remove the Delegate from the Training Course if applicable without any liability to the Supplier until the account has been settled in full and cleared funds.

6.7  Without prejudice to any other right or remedy that the Supplier may have, if the Customer fails to pay the Supplier any sum due under this Agreement on the due date then the Customer shall pay interest on the overdue amount at the rate of 2% over the base rate of Danske bank from time to time or at such other rate as the Supplier may hereafter stipulate by written notice to the Customer. Such interest shall accrue on a daily basis until the date of actual payment of the overdue amount, whether before or after judgement. Such interest shall be payable by the Customer forthwith upon receipt of the invoice for the same together with the overdue amount.

6.8  All sums payable to the Supplier under this Agreement:

6.8.1  are exclusive of VAT, and the Customer shall in addition pay an amount equal to any VAT chargeable on those sums on delivery of a VAT invoice; and         

6.8.2  shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

7. Training Course Content and Delivery 

7.1  Training Course content may be adjusted to reflect updates in construction regulations, fire safety legislation, guidance (e.g., Approved Documents, Government Advice Notes, BS or EN standards), or best practice.

7.2  All Training provided is for awareness and guidance only and does not replace statutory duties, professional judgement, or compliance obligations under any legislation and/or regulatory requirements including but not limited to Health & Safety laws and Fire Safety laws and must not be relied upon as professional or legal advice. It does not provide, imply or substitute for accredited training, certification, formal qualifications or competency assessment.  The Supplier and the trainer makes no guarantees regarding the completeness, accuracy or applicability of the content of the Training to any specific situations.  By attending the Training, Delegates acknowledge these terms and agree that the Supplier and trainer shall not be held liable for any loss, damage or any direct, indirect or consequential losses arising from the use or misuse of the Training provided and the Delegate remains solely responsible for how they interpret and apply the Training within their own practice.

7.3  Successful completion of a Training Course does not certify a Delegate as competent unless explicitly stated (e.g., accredited courses).

8 Practical Installation Training Using Insulation Knives

8.1  Some Training Courses include hands-on training involving the installation of the Supplier’s materials using insulation knives or other sharp tools. Delegates must follow all the Supplier’s instructions and safety protocols at all times.

8.2  Appropriate personal protective equipment (PPE) must be worn throughout practical activities. This may include cut-resistant gloves, protective sleeves, eye protection, face masks and safety footwear. Delegates without the required PPE may be refused participation without refund.

8.3  Delegates must only use the Supplier’s Equipment or specifically approved by the Supplier. Personal or unapproved tools are not permitted.

8.4  Unsafe behaviour, misuse of Supplier Equipment, or failure to comply with safety instructions will result in the Delegate being removed from the practical element of the course, and potentially the entire session, with no refund.

8.5  The Customer is responsible for ensuring that Delegates are physically capable of participating in manual installation training and handling all Supplier Equipment safely.

8.6  The Supplier accepts no liability for injuries or incidents resulting from improper tool handling, failure to follow instructions, or non-compliance with PPE requirements, except where liability cannot be excluded by law.

9 Photography, Video, and Recording

9.1  Delegates are strictly prohibited from taking photographs, videos, or any form of recording during the Training  and Factory Tour unless express permission has been granted by the Supplier.

9.2  This restriction applies to all Training Course Materials, presentations, demonstrations, and installations, whether on-site or online.

9.3  Any Delegate found taking recordings without prior written permission from the Supplier may be removed from the Training, and no refund will be issued.

9.4  All Training Course Materials remain the Intellectual Property of the Supplier, and reproduction, modification, or sharing of Training Course Material  without consent is not permitted.

10. Delegate Substitutions

10.1  Delegate substitutions are permitted up to 5 days before the start of the Training Course, provided the replacement meets all pre-course requirements (e.g., PPE, experience, literacy, health and safety prerequisites).

10.2  Substitutions on the day of Training are not permitted. Delegates who do not attend as booked will be treated as a cancellation, and Clause 5 will apply.  In such circumstances outside the Delegates control , the Supplier may offer (at its sole discretion) alternative dates, a full refund, or a credit note.

10.3  It is the responsibility of the Customer  to ensure that any substitute Delegate is fully briefed on prerequisites and safety requirements.

11. Bookings via Society / Partial Payment by Membership

11.1  Where a Training Course is booked through a professional society or membership organisation such as Construction Industry Training Board on behalf of a Delegate, and the professional society or membership organisation  agrees to pay a portion of the Charges, the Delegate or the Customer whichever is applicable remains jointly responsible for any remaining balance.

11.2  The Supplier will invoice the professional society or membership organisation for their agreed contribution and the Delegate or Customer for any outstanding fees. Payment terms outlined in clause 6 remain applicable.

11.3  In the event of cancellation, substitution, or non-attendance, any fees due from the Customer or professional society or membership organisation remain payable in accordance with clause 6, regardless of the professional society’s or membership organisation’s contribution.

11.4  It is the responsibility of the Delegate or the Customer to ensure the professional society or membership organisation has approved payment and that the agreed portion will be paid.

11.5  When a Training Course is booked through a professional society or membership organisation on behalf of a Delegate, it is the organisation’s responsibility to ensure that the Delegate meets all prerequisites, including experience, literacy, health, and safety awareness, to safely attend the Training.

11.6  The professional society or membership organisation must confirm that the Delegate is physically capable of participating in the Training, including Product Installation Training using the Supplier’s Equipment.

11.7  The Supplier accepts no liability for incidents, injuries, or unsafe practice resulting from Delegates who do not meet these requirements.

11.8  Failure to ensure delegate competence may result in the Delegate being removed from the Training, with no refund provided.

12. Limitation of Liability 

12.1  Nothing in these terms shall limit or exclude the Supplier’s liability for:

12.1.1  death or personal injury caused by negligence ;

12.1.2  fraud or fraudulent misrepresentation;

12.1.3  breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982; or

12.1.4  any matter in respect of which it would be unlawful  to exclude or restrict liability.

12.2  The Supplier and trainer shall not be held liable for any loss, damage or any direct, indirect or consequential losses arising from the use or misuse of the Training provided and the Delegate remains solely responsible for how they interpret and apply the Training within their own practice.

12.3  Subject to clause 12.1 and clause 12.2:

12.3.1  the Supplier shall not be liable to the Customer, its employees, its Delegates  whether in contract, tort (including negligence), breach of statutory duty, contract, misrepresentation, restitution or otherwise, for any loss of profit, loss of sales or business, loss of or damage to goodwill, business interruption, loss of anticipated savings and/or similar losses or any direct, indirect or consequential loss howsoever arising; and

12.3.2  the Supplier’s  total aggregate liability whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise, arising in connection with this Agreement shall be limited to the total Charges paid for the Training.

12.4  The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms and Conditions.

12.5  This clause 12 shall survive termination of this Agreement.

13. Intellectual Property Rights 

13.1  All intellectual and industrial property rights belong exclusively to the Supplier, such as design rights, trademark rights, copyrights, patent rights, domain name rights, trade secrets and other (semi) intellectual property rights, packaging, source code, preparatory material and the naming thereof, and everything that the Supplier develops, which relate to the Training, Training Course Materials and/or Training Course presented and/or supplied.

13.2  Training Course Materials may not be copied, reproduced or distributed in anyway whatsoever without prior written consent of the Supplier.

13.3  Participation in the Training  or any terms of this Agreement do not confer any licence rights for the Customer or its Delegates (by implication or otherwise) to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos, content and/or intellectual property of the Supplier which is contained in the Training Course Materials and/or presented during the Training.

13.4  This clause 13 shall survive termination or expiration of this Agreement.  

14. Confidential information

14.1  Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by clause 14.2.

14.2  Each party may disclose the other party's confidential information:

(a)    to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 14.2; and

(b)  as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

14.3  Subject to clause 14.4, No party may use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Agreement.

14.4  The Customer acknowledges that its information may be used by the Supplier on an anonymous basis without limitation including compiling and publishing reports.

14.5  All Training Course Materials, documentation, tools, and resources provided by the Supplier are proprietary and constitute Confidential Information. Customer and/or Delegates must not copy, distribute, or share such materials in any form without prior written permission.

14.6  This clause shall survive termination or expiration of this Agreement, however arising.

15. Data Protection 

15.1   Both Parties will comply with all applicable requirements of the Data Protection Legislation.  This clause 15 is in addition to and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation.

15.2   The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the Controller and the Supplier Processor.  The Supplier will process the Personal Data provided by the Customer to process the booking of the Training, which includes payment details and  send its  Delegates the  Joining Form, and to provide the Delegates  with the Training and issue the certificate of attendance for attending the Training.  Personal Data includes name, telephone number business title, email address, address details, qualifications, and this will be retained in accordance with the Supplier’s Privacy Statement. 

15.3   Where the Customer provides Delegate personal data, the Customer warrants that it has obtained all necessary consents.

15.4   Any personal data shared during Training shall be handled in compliance with applicable data protection laws. Each party agrees to implement appropriate safeguards to protect personal information from unauthorized access, disclosure, or loss.

15.5   The Supplier will use any personal information provided to us to:

 (a) provide the Training;

 (b) issue certificates via a third party provider

 (b) process payment for the Training; and

 (c) inform the Delegate and/or the Customer about similar products or training that the Supplier which can be stopped at any time by contacting us or unsubscribing.

16 Supplier Code of Conduct

(a) The Supplier and its Group operate a Code of Conduct setting a high level of integrity for the Supplier. The Supplier’s Group has acceded to the UN Global Compact initiative committing the Supplier and the entire Group to meet fundamental responsibilities in the area of human rights, labour, environment and anti-corruption. The Supplier expects the Customer to share the same principles.

(b) The Supplier operates a whistle blower scheme allowing third parties to report serious and sensitive concerns regarding breaches of business ethics. See more about the Code of Conduct for the Supplier on ROCKWOOLgroup.com.

17. Force Majeure

The Supplier shall not be in breach of the Agreement nor liable for delay in performing, or failure to perform, any of its obligations under the Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control provided that the Customer is notified of such an event and its expected duration.

18. General 

(a) Assignment and other dealings. The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of the Supplier. 

(b) Waiver. Any waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or p

(a)  Assignment and other dealings. The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Agreement without the prior written consent of the Supplier. 

(b)  Waiver. Any waiver of any right or remedy under the Agreement is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. 

(c)   Governing law and jurisdiction. This Agreement and any dispute or claim arising out of or in connection with this Agreement, its subject matter or formation (including any non-contractual disputes or claims), shall be governed by, and construed in accordance with English and Welsh law and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales. 

(d)  Severance. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall remain unaffected thereby. 

(e)  Variation. Except as set out in this Agreement, any variation to the Agreement, including the introduction of any additional terms and conditions shall only be binding when agreed in writing and signed by the Supplier.

(f)  Notices. All communications hereunder shall be sent to the Supplier at Pencoed, Bridgend, CF35 6NY and to the Customer at the address to which the Agreement is sent or to such other address as the Customer may stipulate in writing to the Company.

(g)  Communications delivered in person shall be deemed to have arrived when received.  Communications sent by first class inland post or by Airmail post from overseas shall be deemed to have arrived 48 hours and 7 Business Days after posting respectively. 

(h)  Communications sent by email shall be deemed to have been received at the time of transmission or if this time falls outside business hours in the place of receipt, receipt will be deemed when business hours resume.  In this clause, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

(i)  Entire agreement. This Agreement constitute the entire agreement between the parties . Each party acknowledges that it does not rely on any statement, promise, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

(j)  Third Party Rights. The Agreement does not give rise to any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement. 

(k)  No partnership or agency. Nothing in the Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.

artial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. 

(c) Governing law and jurisdiction. This Agreement and any dispute or claim arising out of or in connection with this Agreement, its subject matter or formation (including any non-contractual disputes or claims), shall be governed by, and construed in accordance with English and Welsh law and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales. 

(d) Severance. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall remain unaffected thereby. 

(e) Variation. Except as set out in this Agreement, any variation to the Contract, including the introduction of any additional terms and conditions shall only be binding when agreed in writing and signed by the Supplier.

(f) Notices. All communications hereunder shall be sent to the Supplier at Pencoed, Bridgend, CF35 6NY and to the Customer at the address to which the Contract is sent or to such other address as the Customer may stipulate in writing to the Company.

(g) Communications delivered in person shall be deemed to have arrived when received.  Communications sent by first class inland post or by Airmail post from overseas shall be deemed to have arrived 48 hours and 7 Business Days after posting respectively. 

(h) Communications sent by email shall be deemed to have been received at the time of transmission or if this time falls outside business hours in the place of receipt, receipt will be deemed when business hours resume.  In this clause, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

(i) Entire agreement. This Agreement constitute the entire agreement between the parties . Each party acknowledges that it does not rely on any statement, promise, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

(j) Third Party Rights. The Contract does not give rise to any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. 

(k) No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.