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| DESIGN STATEMENT |
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Prepared by:
McGarrigle Architects have been instructed by the ICT to prepare proposals for the redevelopment of the stable block, tack and feed store at The Nunnery, Douglas.
The clients brief consists of the following:
The proposed scheme currently consists of the demolition of the existing stable, feed and tack store, and the construction of two 2-storey buildings providing eight (8) lettable units.
The Nunnery Estate is designated as ‘Area of Open Space or Woodland, Private Woodland’ on Map 2 in the Douglas Local Plan, 1998.
Under PA 03/01429/C a Change of Use to “Business School and uses incidental to, including additional car parking, teaching facilities and associated residential accommodation….” was permitted on 14th January 2004; subsequently affirmed when the International Business School was formed under the control of the Department of Education and Children.
The Nunnery Estate passed to the ownership of The International Centre for Technology Limited (The ICT) on 1st February 2015. The Isle of Man College continue to have access to the Mansion House for the education of Business Studies and Information Technology students.
The ICT recognise the importance of the Nunnery Estate in Isle of Man heritage, however new functions for the estate must be found to stop it becoming obsolete and be financially sustainable to enable further capital investment in the estate.
To maintain and improve the estate and its buildings the ICT need to also create an income stream to fund the ongoing maintenance and improvements. The ICT believe that through the creation of the ICT Campus an income can be derived from working with world-class ICT and IT businesses to provide IT and ICT related education, training and innovation, combined with facilitating high quality events such as conferences, meeting rooms, weddings, Tynwald Day celebrations and special local community occasions. These functions give the estate and its existing buildings a new purpose.
The existing buildings within the Nunnery Estate are:
The estate offers ample parking and versatile office space which can be customised to meet business needs. It is particularly suitable for start-up businesses and ideally located to access the centre of Douglas on foot.
Working towards becoming a central hub for start-up businesses, while partnering with the University College Isle of Man and other institutions we are looking to nurture available talent and further their interests, whilst enhancing the business growth capability of the Isle of Man, together with the creation of exciting start-up businesses.
UCM is currently the anchor tenant in the Mansion House delivering degree course teaching over three floors of the building. A vibrant campus life exists where students studying can be inspired by the businesses at The Nunnery and in turn the businesses by the students.
The ITC are seeking to increase the lettable space within the estate to cater for new startup or expanding businesses. This will provide more flexibility and allow expanding businesses to remain within The Nunnery grounds, and not have to seek other accommodation elsewhere.
The proposed development will provide medium to large sized office spaces to meet the ICT’s requirements, help retain existing business as they grow, and encourage collaboration between new and existing businesses.
Previous Planning Application are listed below: 94/01526/A: Approval in principle for conversion & extension of main house to corporate H.Q. with
associated parking - Refused at Appeal.
incidental to, including additional car parking, teaching facilities and associated residential accommodation indicated within master plan – Permitted.
06/01693/B: Creation of a temporary car park and re-surfacing of east driveway and creation of
contrasting coloured footway adjacent to existing driveway – Permitted.
additional passing places and a new road access and upgrading of existing track to an access road – Permitted.
The Nunnery Estate lies to the south-west of Douglas town centre, bounded on the East by the Old Castletown Road and West by the IOM Steam Railway line and the River Douglas.
The Nunnery estate is approximately 45 acres / 18.5 hectares, and the site area for this development is approximately 6,242m² / 1.5 acres / 0.6242 hectares.
The Nunnery site is entered and exited via the west gate and exited only via the east gate.
When larger events are being held, both entrances are manned, and a temporary one-way system put in place. There have been no highway issues during any of the larger events or concerts.
Several successful large events have been held within The Nunnery estate with no highway incidents being reported, these include cycle races, weddings, concerts, UCM open days and exhibitions.
This development is centred around the existing stable, tackle and feed store buildings located within the walled courtyard. Stables, Tack & Feed Storage Buildings The Stable, Tack & Feed Store consist of 2 single-storey buildings accessed from the courtyard. The buildings form part of the courtyard wall facing directly onto the lawn. The roof is a low-pitched roof with felt.
Both buildings are in poor condition and used for general storage. There equestrian use as stables, tack and feed store is no longer required as no horses are kept at The Nunnery.
Stable Yard The yard, enclosing wall and cluster of small buildings, date back to the Goldie-Traubman period. The single storey buildings have been refurbished and provide office space for 4 individual businesses.
The existing stable, tack and feed store are built against the existing courtyard wall. The current proposals show the new buildings located on the same building line; therefore, this section of stone wall will need to be dismantled and the stone reused for the construction of the new units. Additional stone will need to be sourced.
The ICT have appointed BB Consulting to undertake a condition survey and prepare a structural report on the existing stone wall, which is in poor condition. Pr ev i o us efforts to stabilize the wall have not been successful, proposals and invoices for previous works can be found in Appendix C. The condition report has been submitted as part of this Planning Application. The engineer concluded “The crosssections of the wall developed from the survey demonstrate that the centroid of the wall lies outside the middle third at all chainage points and is therefore deemed unstable and at risk of collapse.”
Chapel of St Bridget The Chapel’s history remains sketchy and contains fragments of historic fabric dating back to the 12th or 13th Century. It is now the only existing remains of the original establishment, dating from these bygone years. The Chapel was reopened for worship in the late 19th Century. Until 1998 it was still regularly served by St Matthews, but the then owner, Ferguson-Lacey stopped the Anglo-Catholic services, and the Chapel was deconsecrated and allowed to decline. Along with Rushen Abbey, the Chapel has great Manx historic interest.
Inkerman Memorial This memorial is an important Manx War Memorial. The cannon captured by the Russians, is mounted on the original surviving plinth. Most of the Manx memorials are dedicated to events or groups of men, but this memorial is dedicated to a significant individual. It is included in the UK National Inventory of War Memorials, held by the Imperial War Museum, London.
The proposed development consists of two new buildings, car park, pond, drainage and paving to new footpaths and courtyard.
The proposed buildings have been labels Block A and Block B.
The initial design consisted of a more contemporary design, with large areas of glazing on a framed building with a flat or low-pitched roof. See initial design proposals below:
Following a design review and careful consideration of the location and adjacent buildings, a decision was made to reduce the amount of glazing and create a building that is more in keeping with traditional form, scale and finish. The current design reflects the gable feature of the adjacent chapel building and windows have been reduced in size and natural stone finish added.
The two blocks are separated by a 1.8m gap with double gates which can be closed off if required during events. This provides access to The Nunnery lawn for pedestrians or equipment.
Each block has a central entrance and stair providing access to the lettable spaces.
Block A has a double pitched roof, whereas Block B has a single pitched roof, all roofs have a natural slate finish. Velux windows located on the outer slopes provide good levels of light into the office spaces below and PV solar panels located on the inner slope of block A will provide renewable electricity to the communal areas and the offices.
A flat section of roof over the central entrance provides space for Air Source Heat Pumps, providing low temperature underfloor heating to all areas. The flat roof area can be accessed through a hatch from the communal area below.
Both blocks are similar in appearance, 2-storey with stone finish, pitched roof with Velux roof windows, gables with central chimney stacks mimicking that of the adjacent chapel, and vertical doors and windows with render surround.
Floor to floor, floor to eaves and roof pitches have been kept to a minimum to keep the overall eaves and ridge height to a minimum.
All ground floor offices have direct access to The Nunnery lawn. Block A first floor offices have direct access onto a balcony, whereas Block B first floor offices have Juliet balconies. All benefit from the vista across the lawn.
The courtyard provides parking for 9no. parking spaces including 2no. disabled parking spaces, 4no. motorcycles, cycle racks for 14no. bicycles and 2no. Electric Vehicle Charging Points capable of charging 4no. vehicles.
The proposed development includes a new car park located in the adjacent land south of the courtyard. This car park provides 41no. parking spaces including 2no. disabled parking spaces and 2no. Electric Vehicle Charging Points capable of charging 4no. vehicles.
The proposal includes the creation of a pond, this will collect the surface water from the development, but also seek to control the surface water which causes this area to flood. The pond will be designed and detailed by a civil engineer, including the levels, inlet and outlet headwalls, flow rates and controls.
Proposed finishes are listed in Section 7: Materials and Finishes.
The proposed development consists of 2 buildings, block A and block B.
Block A has a footprint of 300m2(3,229ft²) and Block B has a footprint of 153.5m2(1,652ft²), therefore the total building has a footprint of 453.5m2(4,881ft²).
The site area is approximately 6,242m² , therefore the footprint of the proposed development equates to 7.2% of the overall site area.
Building Finishes Flat Roof: Flat roof laid to fall and a Polyroof liquid applied roofing system. Pitched Roof: Exposed Truss and purlin structure with natural slate, colour - Blue / Black. Roof Lights: Velux conservation roof windows. Fascia: PVC, colour – Anthracite Grey to match windows and doors. Rainwater Goods: PVC 'deepflow' gutters and 70 mm circular rainwater pipes, colour - Black. External Walls: Traditional cavity walls. Stonework: Manx Stone with concrete or Artstone copings. External Doors and Screens: Double glazed PVC, colour - Anthracite Grey. Windows: Double glazed PVC windows, colour – Anthracite Grey. Sills: Precast concrete or Artstone sills and chimney cappings. Balcony Balustrades: Frameless glass balustrade with aluminium / stainless steel handrail.
External Works Courtyard: Permeable gravel. Footpaths and Terraces: Permeable paving slabs. Access Road: Permeable tarmac. Car Park: Permeable Plastic Grass Grid System.
Low running costs are to be achieved and renewable energy solutions considered where possible.
It is proposed that air source heat pumps and PV solar panels will be installed, along with underfloor heating and a mechanical heat recovery system.
High levels of insulation will be installed, and robust details will provide a good level of airtightness.
High-quality double-glazed doors and windows will be installed, incorporating low ‘e’ glass, Argon filled and a warm edge spacer.
The proposed orientation of the new development provides good levels of sunlight to all the internal spaces. The fenestration is such as to benefit from winter low level sun, whilst in summer the provision of adequate window openings will allow natural ventilation.
As far as is practical materials will be sourced from local suppliers and manufacturers.
‘Good morning, I hope you are well; I am replying to the above as the Duty Planner for today.
With regards to your query the starting point is the land zoning, which for the site in question is “Buildings or Land for Civic, Cultural or Other Use.” Whilst it is acknowledged that there are a multitude of uses in the Nunnery any application would require a planning statement, which explains why we should be going against the Land Zoning knowing that there is land zoned within the same area for uses compatible with office use.
Your second point of call would be the Inkerman Memorial which is a registered building (RB312), and how the proposed works are not going to impact the setting of the registered building. This would need to be an assessment within your Planning Statement.
Turning towards the proposed design, if the overriding principle of the proposal is deemed acceptable (of which an assessment will need to be made, I cannot inform you at this time if it is), then the design is an overdevelopment of the site area proposed, which doesn’t respect the existing surroundings nor the registered building.
Whilst the above might not be what you are wanting to hear, the only way to test the system would be to put in an application.’
We reviewed the comments received and would summarise the content as follows:
| Comment | Action Required |
|---|---|
| Land Zoning ‘Civic, Cultural or Other use’. | To be Addressed in Planning Statement. |
| Impact on ‘Inkerman Memorial’ (registered monument). | To be Addressed in Planning Statement. |
| Overdevelopment / Impact on registered monument. | To be Addressed in Planning Statement. |
All comments have been considered and addressed accordingly.
‘Good afternoon Alistair, Thanks for your email for pre-app advice. I have a few items to raise and a few points of clarification. I’ll work out to in.
Is it the intention to access the development from the nunnery access off Old Castletown Road on the Douglas side, or the more central one closer to the industrial units? I am not sure what the arrangement is with the gates at the Douglas end, and whether it is restricted access. In either case, we will need to see what the exit visibility is onto Old Castletown Road. The development would constitute intensification of use of either access. I am aware that the Nunnery site is used to hose larger events, and will occasionally see intensification. But we will still need to see what visibility were working with.
The new access road created off the internal road looks acceptable. It is 4.8m in width, allowing two-way movement and pedestrian access also. As an internal roadway, the Manual for Manx Roads visibility requirements aren’t necessarily enforced, and on the outside of the bend, visibility from the new access looks sufficient. Just for completeness, if visibility from this too could be shown, it would support the proposal.
The design for CP3 looks acceptable. Spaces meet the minimum 5m x 2.6m and there is a turning head provided. The pedestrian path to the west is 2m. The new access lane to the buildings area is only 3m in width. Is it the intention to have this area operate as an in and out arrangement? Additionally, at 3m, this could be tight for pedestrians and vehicles to pass along each other. For pedestrians to and from CP3 to use the vehicle gate may be unnecessarily obstructive. Have you considered extending the 2m route to create an adjacent pedestrian access?
Through the development you have provided 51 parking spaces. Using your calcs, this is over provision of 9 spaces. To ensure the right standards are used, do you know what the proposed/likely use of the units would be? I see you have used the out of town office standards, but was curious as to why one calculation for spaces wasn’t used in this case? Is there a possibility of different uses for the units create? The inclusion of additional m/cycle spaces is welcomed. DDA space provision across the site is only at two. Manual for Manx Roads requirements are for 10%, so this will need to increase. Have you also considered the provision of electric vehicle charging points?
With the floor space given, cycle parking requirement is approx. 5 spaces combining short and long stay. The two cycle rack areas provide are likely to meet this requirement, but as you will know the site is adjacent to a designated cycleway, so there is potential for increased cycle use. If desired, you may width to increase the cycle storage provision, but as it is already being met this is not a necessity. To support the active travel provision and proximity to designated route, wash /change facilities should be provided for employees.
The accessibility audits found in Appendix E of Manual for Manx Roads will have to be completed for the proposal. The sqm for the development means the proposal would fall into Manual for Manx Roads development category B. This would not require a transport statement or plan, however, a short statement on the cycle and pedestrian routes into town and site like Tesco would be particularly beneficial, especially considering the location of your site and the provision it has.
Let me know if there is anything further you need form me or Highways.’
We reviewed the comments received and would summarise the content as follows:
Intensification of use – main entrance/exit Show visibility splays, maintain current one-way system. Show traffic flow directions (one-way). Control intended use of units. New vehicle access off internal road Show visibility splays. New vehicle/pedestrian access to units Show traffic flow directions (one-way). Add adjacent, separate pedestrian route. Motor vehicle parking 5 disabled spaces required (2 shown). Show electric charging points. Bicycle parking Consider additional spaces due to proximity of designated cycleway. Include for wash/change facilities for employees. Accessibility Audit (Appendix E, Manual for Manx Roads) To be completed (development category B – no transport statement/plan required) All comments have been considered and addressed accordingly within this Design Statement and Proposed Drawings.
9.3 DEPARTMENT OF ENVIRONMENT, FOOD & AGRICULTURE - ECOLOGY: We consulted with Ecology on 1st May 2024 seeking Pre-Application advise. The following response was received from Ecology on 14th May 2024.
‘Thank you for consulting with us on the plans for the Nunnery Site. Apologies that I couldn’t reply earlier, I’ve had a number of deadlines in the past couple of weeks, as well as annual leave to take. Our initial thoughts are as follows.
Whilst we appreciate the inclusion of a pond, we think more thought needs to go into the design for the following reasons:
We reviewed the comments received and would summarise the content as follows:
Pond (exposure / proximity to car park) Reposition car park and provide natural screening between car park and pond. Pond area designed by an ecological consultancy. Tree removal (bat and bird roosts) Bat and bird survey to be carried out prior to start of works. Include bat / bird boxes in new building design. Building demolition (bat and bird roosts) Bat and bird survey to be carried out prior to start of works. Include bat / bird boxes in new building design. External lighting
Low level lighting proposal in line with Bat Conservation Trust and Institute of Lighting Professionals Guidance (note 8/23 on Bats and Artificial Lighting 2023).
All comments have been considered and addressed accordingly within this Design Statement and Proposed Drawings.
9.4 DEPARTMENT OF ENVIRONMENT, FOOD & AGRICULTURE – FORESTRY: We consulted with Forestry on 1st May 2024 seeking Pre-Application advise. The following response was received from Forestry on 3rd May 2024 and 20th May 2024.
‘I have put some time aside next week to look at this on site. Given the nature of the site, lots of high quality trees and a blanket registered tree area, it is very likely we will be asking for an AIA, protection plan and methods statement if necessary. I will take a closer look next week and get in touch thereafter.’
And
‘I have the following comments on the proposal, the numbers relate to the annotations on the attached image.
We reviewed the comments received and would summarise the content as follows:
| Comment | Action Required |
|---|---|
| Tree 3 (natural monolith) | Reposition access road to avoid tree. |
| Tree 4 (high quality beech) | Reposition access road / add root protection system. |
| Pond excavation (tree roots) | Redesign pond layout / position to avoid tree roots. |
| All the above to be accompanied by a supporting Arboricultural Methods Statement and protection plan. | All the above to be accompanied by a supporting Arboricultural Methods Statement and protection plan. |
All comments have been considered and addressed accordingly within this Design Statement and Proposed Drawings. A tree survey with data table and tree constraints plan and an Arboricultural Impact Assessment with tree removal drawing, tree impact drawing and outline tree protection plan has been prepared by Manx Roots and submitted as part of this application.
9.9 MANX GAS: A services search has been carried out and has revealed Manx Gas medium pressure pipes running along The Nunnery Footpath and low pressure pipes supplying the buildings adjacent to the site.
The location of all services should be identified and marked prior to any work commencing on site.
The proposed design provides flexible modern office space within The Nunnery Estate.
The proposed development will allow The Nunnery to grow and provide the required accommodation to make it more sustainable in future years.
The proposed development utilises a brown field site which previously accommodated two single storey buildings used as a stable, tack and feed store. These uses are no longer required at The Nunnery.
Consultation was undertaken with the Planning Department, and we acknowledge the points raised by the Duty Planning Officer.
The proposed site is in an area zoned for “Buildings or Land for Civic, Cultural or Other Use”, however we would emphasise the importance of keeping this type of development within The Nunnery grounds to increase the amount of flexible office space available for new or expanding businesses.
The Inkerman Memorial is listed on the Isle of Man Registered Buildings1 Register. This memorial is an important Manx War Memorial. The cannon captured by the Russians, is mounted on the original surviving plinth. The proposed development will allow more Island residents the opportunity to view the Inkerman Memorial from the western side, which previously has only been possible from a cleared fence along the footpath outside the Estate
The proposed buildings are located within the existing courtyard and will not affect the memorial. The proposed new car park will be accessed from the main estate road close to the memorial, but again will not be affected by the creation of the new car park or the pond.
The proposed development creates buildings that have been designed to mimic and blend with the adjacent buildings and finishes, i.e. the adjacent offices, the chapel building and courtyard wall.
The proposed buildings are sited to align with the existing courtyard wall, therefore maintaining the existing building line. No part of the proposed buildings extends beyond the existing courtyard boundary.
It is our opinion that the proposed design complies with relevant Planning Policy.
Consultation was also undertaken with Highways, Ecology and Forestry. Comments were received, reviewed and any amendments or additional information included on the drawings or in the design statement.
We would therefore respectfully request that the Planning Department and Committee look favourably on the application and consider it for approval.
Ms Steph Gregg The International Centre of Technology Nunnery Estate Old Castletown Road DOUGLAS Isle Of Man IM2-1QB
Our ref:HK15274A 04 December 2019 Dear Ms Gregg
Thank you for your recent enquiry. We are pleased to provide our quotation and supporting information regarding the supply of Platipus anchors for the above project, subject to a site test.
We have reviewed the information provided and our Geotechnical Engineer has reviewed the initial iformation. Our understanding of your anchoring requirement is a 14-meter length wall at a height of 3.3-meter height.
A suggested remediation is two rows of anchors, in an offset pattern, spaced vertically at one and two thirds of the retained height, and 1.2 meters horizontal centres. The anchors are to be driven to 5 meters embedment depth, the top row at 20º below horizontal, through a 100mmØ corehole.
The bottom row will require an active Plati-drain solution installed at 5º above horizontal, also through a 100mmØ corehole.
As we have not been advised of the working loads, or factor of safety required for this project, the anchor system proposed may change when further information is provided. It is important that anchor performance is verified by a site test. You should always obtain your own appropriately qualified professional advice regarding the suitability of the goods offered and no reliance should be placed upon sketch pad plans or other drawings prepared by us as these are issued for initial guidance only. Indemnified Design
If you wish us to manage a design on your behalf we can provide you with a full Indemnified Design through our retained Geotechnical Engineer which will be chargeable dependent upon the level of work undertaken.
Top row - Anchor System (Ultimate Capacity of Wire Tendon 36 kN) 60-year design life To supply Platipus anchor type S8 Cast Iron anchor on 6 meters of 8mm Ø /steel wire tendon c/w square load plate, hemi-ball, recessed wedge grip and cap.
@ £ 234.54 each
PLATIPUS ANCHORS LIMITED, Kingsfield Business Centre, Philanthropic Road, REDHILL, Surrey, RH1 4DP, England.
Web: www.platipus-anchors.com E-Mail: [email protected]
Reg. No. 1680529 England – Quality Management and Design Systems to ISO9001 – Reg. EAQA/75
Bottom row - Anchor System (Ultimate Capacity of Wire Tendon 36 kN) 60-year design life To supply Platipus anchor type S8 Cast Iron anchor on 6 meters of 8mm Ø /steel wire tendon c/w square load plate, hemi-ball, recessed wedge grip, cap and active platidrain.
@ £ 258.84 each
Note: Drive 5m on 6m of tendon leaving 1.0m protruding for load-locking. On Site Assistance
We would be happy to visit site upon commencement of the contract to guide your installation team on the anchor installation and the correct and safe use of Platipus hire equipment. We will normally make a nominal charge for this service.
Alternatively, we have a list of Approved Installers who can provide you with an installation price.
Should you wish to install the anchors yourself, installation equipment is available for hire per week and is priced as follows.
The hire period for the installation equipment commences from the date it leaves our premises and concludes when it’s returned to us, carriage paid.
Total weight including 25 anchor systems plus installation kit is 447.40 kg. Full Hire Terms and Conditions are enclosed. Terms
All prices are subject to our normal Terms and Conditions which are attached. These override any other Terms and Conditions supplied with your order, unless otherwise agreed by a Director in writing.
Carriage and VAT are charged at the current rate. Payment Terms
The anchor specification detailed will be specially manufactured, cancellation cannot be accepted once production has commenced.
Delivery is within 30 days from receipt of your written order and is subject to pre-agreed payment terms. Buried Services
In the interests of safety, it is important that a thorough survey is made for buried services. In particular gas, electricity, water and telecommunications should be positively identified, located and marked prior to commencement of anchor installation. We do not accept any responsibility whatsoever for any damage caused by the installation of our anchors.
If, during the works, unforeseen ground conditions or obstructions are encountered that have not been identified on any soils investigation report or indicated whilst conducting a site test, then the anchor specification may change accordingly. We will not be liable for any costs associated with these changes.
Validity This quotation is valid for a period of 60 days from date of issue. In conclusion we hope this quotation is of assistance and we look forward to advising you with its implementation. Please do not hesitate to call if you have any further queries. Yours sincerely
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E + OE
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2.1. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 2.2. The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification are complete and accurate. 2.3. The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence. 2.4. The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract. In particular, any advice or recommendation given by the Supplier or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not set out in the Contract is followed or acted upon entirely at the Customer's own risk, and accordingly the Supplier shall not be liable for any such advice or recommendation. 2.5. Any samples, drawings, descriptive matter, or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier's catalogues or brochures are produced for the sole purpose of giving an approximate view of the Goods described in them. They shall not form part of the Contract or have any contractual force. 2.6. Any typographical, clerical or other error or omission in any sales or technical literature, quotation, price list, acceptance of offer, invoice, photographs or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier. 2.7. Any drawings sketches or other plans prepared by the Supplier's employees. representations or agents shall be for design guidance only and not prepared in any professional or advisory capacity whatsoever. The Customer acknowledges that no reliance has been placed on the said sketches plans or drawings and where appropriate the Customer will seek the appropriate professional advice from the Customer's own advisers. 2.8. If, during the works, unforeseen ground conditions or obstructions are encountered that have not been identified on any sole investigation report or indicated whilst conducting a site test, then the anchor specification may change accordingly. The Supplier will not be liable for any costs associated with these changes. 2.9. A quotation for the Goods given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of 30 days from its date of issue. 2.10 In the event that the Customer's Order contains terms that conflict with the provisions of these Conditions, these Conditions shall prevail.
3.1. The Goods (including quantity, quality and description of and any specification) are described in the Specification. 3.2. To the extent that the Goods are to be manufactured in accordance with a Specification supplied by the Customer, the Customer shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all internal, penalties and legal and other professional costs and expenses) suffered or incurred by the Supplier in connection with any claim made against the Supplier for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the Supplier's use of the Specification. This clause 3.2 shall survive termination of the Contract. 3.3. The Customer shall be responsible to the Supplier for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Customer and for giving the Supplier any necessary information relating to the Goods within a sufficient time to enable the Supplier to perform the Contract in accordance with its terms. 3.4. The Customer undertakes to seek and obtain appropriately qualified professional advice from its own advisers regarding the Specification, the use and the suitability of the goods and confirms that no reliance will be placed upon which part plans or other drawings prepared by representatives of the Supplier which are issued for initial guidance only. The Customer confirms that no reliance whatsoever will be placed upon any preliminary drawings prepared and indemnifies the Supplier against any claim made by any third party or respect thereof. 3.5. The Supplier reserves the right to amend the Specification if required by any applicable statutory or regulatory requirements.
4.1. The Supplier shall ensure that: (a) each delivery of the Goods is accompanied by a delivery note which shows the date of the invoice/delivery note, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (b) if the Supplier requires the Customer to return any packaging materials to the Supplier, that fact is clearly stated on the delivery note, the Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier's expense. 4.2. The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (delivery location), at any time after the Supplier notifies the Customer that the Goods are ready. The Supplier may deliver the Goods in advance of the delivery date upon given reasonable notice to the Customer. 4.3. Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location. 4.4. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5. If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.6. If the Customer fails to take delivery of the Goods within three Business Days of the Supplier notifying the Customer that the Goods are ready, then, except where each failure or delay is caused by a Force Majeure Event or the Supplier's failure to comply with its obligations under the Contract: (a) delivery of the Goods shall be deemed to have been completed at 8.00 am on the third Business day after the day on which the Supplier notified the Customer that the Goods were ready; and (b) the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.7. If 10 Business Days after the day on which the Supplier notified the Customer that the Goods were ready for delivery the Customer has not taken delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 4.8. The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defects in an instalment shall not entitle the Customer to cancel any other instalment.
5.1. The Supplier warrants that no delivery, and for a period of 12 months from the date of delivery (warranty period), the Goods shall: (a) conform in all material respects with their the Specification; and (b) be free from material defects in design, material and workmanship. 5.2. Subject to clause 5.3, if: (a) the Customer gives notice in writing to the Supplier during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1, (b) the Supplier is given a reasonable opportunity of examining such Goods; and (c) the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier's place of business at the Customer's cost, the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full. 5.3. The Supplier shall not be liable for Goods' failure to comply with the warranty set out in clause 5.1 in any of the following events: (a) the Customer makes any further use of such Goods after giving notice in accordance with clause 5.2, (b) the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same; (c) the defect arises as a result of the Supplier following any drawing, design or Specification supplied by the Customer; (d) the Customer alters or repairs such Goods without the written consent of the Supplier; (e) the defect arises as a result of the wear and tear, wifld damage, negligence, or abnormal storage or working conditions; (f) the Goods differ from the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements; or (g) the Customer does not refuse delivery of the goods (or fails to notify the Supplier within 7 days from the date of delivery where the default or failure was not apparent on reasonable inspection) on the grounds of quality/quantity or condition of the of any defect or shortage or there failure to correspond with the Specification; and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract. 5.4. The Customer shall not be entitled to reject the Goods on the grounds of shortage alone. 5.5. Except as provided in this clause 5, the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1. 5.6. The terms implied by sections 13 to 15 of the Sale of Goods Act 1975 are, to the fullest extent permitted by law, excluded from the Contract. 5.7. These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
6.1 The risk in the Goods shall pass to the Customer on completion of delivery or, in the event of Goods to be delivered at the Supplier's premises, at the time when the Supplier notifies the Customer that the Goods are available for collection. 6.2 The to the Goods shall not pass to the Customer until the earlier of: (a) the Supplier receives payment in full (in cash or cleared funds) for the Goods and any other goods that the Supplier has supplied to the Customer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums; (b) the Customer resells the Goods, in which case title to the Goods shall pass to the Customer at the time specified in clause 6.4. 6.3 Until title to the Goods has passed to the Customer, the Customer shall: (a) store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier's property; (b) not remove, defuse or obscure any identifying mark or packaging on or relating to the Goods; (c) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; (d) notify the Supplier immediately if it becomes subject to any of the events listed in clause 6.2, and (e) give the Supplier such information relating to the Goods as the Supplier may require from time to time. 6.4 Subject to clause 6.1, the Customer may resell or use the Goods in the ordinary course of its business (tax, not otherwise) before the Supplier receives payment for the Goods. However, if the Customer resells the Goods before that time: (a) it does no an principal and not as the Supplier's agent; and (b) title to the Goods shall pass from the Supplier to the Customer immediately before the time at which resale by the Customer occurs. 6.5 If before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in clause 6.2, then, without limiting any other right or remedy the Supplier may have: (a) the Customer's right to resell the Goods or use them in the ordinary course of its business ceases immediately; and (b) the Supplier may at any time: (i) require the Customer to deliver up all Goods in its possession which have not been resold, or irrevocably incorporated into another product; and (ii) if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.
7.1 The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Supplier's price list in force as at the date of delivery. All prices quoted are valid for 50 days only or until earlier acceptance by the Customer after which time they may be altered by the Supplier without giving notice to the Customer. 7.2 The price of the Goods is exclusive of the costs and charges of packaging, insurance and transport of the Goods, which shall be received to the Customer. 7.3 The Supplier reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Supplier which is due to any factor beyond the control of the Supplier (such as, without limitation, any foreign exchange fluctuation, currency regulations, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate information or instructions. 7.4 The price of the Goods is exclusive of amounts to respect of value added tax (VAT). The Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Goods. 7.5 The Customer shall pay the invoice in full and in cleared funds on or before Delivery or within 30 business days of the date of the invoice. Payment shall be made to the bank account nominated in writing by the Supplier. Time of payment is of the essence. 7.6 If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 66 per annum above Lloyds Bank PLCs basis rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount. 7.7 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Supplier may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
8.1 If the Customer becomes subject to any of the events listed in clause 6.2, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer. 8.2 For the purposes of clause 8.1, the relevant events are: (a) the Customer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts; (b) the Customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors; (c) the Customer suspends, threatens to suspends, ceases or threatens to cease to carry on all or a substantial part of its business; (d) the Customer's financial position deteriorates to such an extent that in the Supplier's opinion the Customer's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy. 8.3 Without limiting its other rights or remedies, the Supplier may suspend provision of the Goods under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 6.2(a), or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under the Contract on the due date for payment. 8.4 No Order which has been accepted by the Supplier may be cancelled by the Customer except with the agreement in writing of the Supplier and on terms that the Customer shall indemnify the Supplier in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Supplier as a result of cancellation. 8.5 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier's outstanding unpaid invoices and interest. 8.6 Termination of the Contract, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination. 8.7 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
9.1 Nothing in these Conditions shall limit or restate the Supplier's liability for: (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; (d) defective products under the Consumer Protection Act 1987. 9.2 Subject to clause 9.1: (a) the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and (b) the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed $50 \%$ of the price of the Goods.
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, bail-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, lost, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
11.1 Assignment and other deeings. (a) The Supplier may sit any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract. (b) The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier. 11.2 Export Terms. (a) In these Conditions "Incoterms" means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the contract is made. Unless the contract otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions, but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail. (b) Where the Goods are supplied for export from the United Kingdom, the provisions of this clause 11.2 shall (subject to any special terms agreed in Writing between the Customer and the Supplier) apply notwithstanding any other provision of these Conditions. (c) The Customer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon. (d) Unless otherwise agreed in Writing between the Customer and the Supplier, the Goods shall be as works and the Supplier shall be under no obligation to give notice under section 52(3) of the Sale of Goods Act 1979. (e) The Customer shall be responsible for arranging, for testing and inspection of the Goods at the Supplier's premises before shipment. The Supplier shall have no liability for any claim in respect of any defect in the Goods which would be apparent on inspection and which is made after shipment or in respect of any damage during transit. (f) Payment of all amounts due to the Supplier shall be made by a method of payment acceptable to the Supplier. 11.3 Notices. Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause. 11.4 Secesness If any provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification (or or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of the Contract. 11.5 Wisker, No waive by the Supplier of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent break of the same of any other provision. 11.6 Third party rights. A person who is not a party to the Contract shall not have any rights to enforce its terms. 11.7 Variahṣa, Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by the Supplier. 11.8 Governing law \& jurisdiction. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales and Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
PLEASE SIGN AND RETURN THESE TERMS AND CONDITIONS BY POST OR SCAALYMAN COMPANY NAME (PRINT) SIGNATURE DATE
EARTH ANCHORING SYSTEMS
1.1 Definitions. In these Conditions, the following definitions apply:
Conditions: the terms and conditions set out in this document. Contract: the contract between the Supplier and the Customer for the hire of the Plant accordance with these Conditions. Customer: the person or firm who hires the Plant from the Supplier. Delivery Location: the location for delivery as set out in the Order. Depot: the Supplier's place of business as specified by the Supplier to the Customer from time to time. Plant: all classes of plant, machinery, equipment and accessories which the Supplier agrees to hire to the Customer under these Conditions. Order: the Customer's order for the hire of the Plant, as set out in the Customer's purchase order form, the Customer's written acceptance of the Supplier's quotation, or overleaf, as the case may be. Supplier: Platipus Anchors Limited (registered in England and Wales with company number 01680529). 1.2 In these Conditions a reference to writing or written includes faxes and e-mails.
2.1 The hire period shall commence from the time when the Plant leaves the Depot or place of storage and shall continue until the Plant is returned to the Supplier's Depot or other such location as nominated by the Supplier from time to time. 2.2 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 2.3 The Order shall only be deemed to be accepted when the Plant leaves the Depot or place of storage, at which point the Contract shall come into existence. 2.4 A quotation for the hire given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of 30 days from its date of issue. 2.5 In the event that the Customer's Order contains terms that conflict with the provisions of these Conditions, these Conditions shall prevail.
3.1 On delivery of the Plant the Customer shall be responsible for unloading the Plant at the Delivery Location, and any personnel supplied by the Supplier shall be deemed to be under the Customer's control and shall comply with all directions of the Customer. 3.2 Unless notification in writing is received by the Supplier from the Customer within 3 working days of the Plant being delivered to the Delivery Location, the Plant shall be deemed to be in good order, save for either an inherent fault not ascertainable by reasonable examination in accordance with the terms of the Contract and to the Customer's satisfaction. The Customer shall be responsible for the Plant's safekeeping, use in a workmanlike manner within the manufacturer's rated capacity and return on the completion of the hire period in equal good order (fair wear and tear excepted). 3.3 The Customer shall when hiring the Plant take all reasonable steps to keep himself acquainted with its state and condition. Where a Plant continues to be used whilst in an unsafe and unsatisfactory state, the Customer shall be solely responsible for any damage, loss or accidents whether directly or indirectly arising therefrom. 3.4 The Customer shall use the Plant for the purpose for which it was designed or adapted and if applicable allow to be operated only be personnel who have been appropriately trained by the Customer for it's use.
4.1 During the hire period any breakdown or the unsatisfactory working of any part of the Plant must be notified immediately to the Supplier, and any reimbursement for a period of non-use due to breakdown shall only be effective from the time and date of such notification. 4.2 The Supplier shall reimburse the Customer for hire charges paid to the Supplier by the Customer for such period as the Plant is not useable due to breakdown or unsatisfactory working of any part of the Plant. 4.3 The Customer shall be responsible for all expenses arising from any breakdown and all loss or damage incurred by the Supplier due to the Customer's negligence, misdirection or misuse of the Plant, whether by the Customer or its employees or agents from time to time. 4.4 No claims will be admitted by the Supplier (other than those for breakdown under 4.2 above) for stoppages through causes outside of the Supplier's control, nor shall the Supplier be responsible for recovery of the Plant from the ground. 4.5 Save in respect of the Supplier's liability as set out in this clause 4, the Supplier accepts no responsibility for any consequential loss or damage arising as a result of any cause beyond the Supplier's control.
The Customer shall: 5.1 ensure that the Plant is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions; 5.2 take such steps (including compliance with all safety and usage instructions provided by the Supplier) as may be necessary to ensure, so far as is reasonably practicable, that the Plant is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; 5.3 maintain at its own expense the Plant in good and substantial repair in order to keep it in as good an operating condition as it was on delivery (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Plant; 5.4 make no alteration to the Plant and shall not remove any existing component(s) from the Plant; 5.5 keep the Supplier fully informed of all material matters relating to the Plant; 5.6 keep the Plant at all times at the Delivery Location and shall not move or attempt to move any part of the Plant to any other location without the Supplier's prior written consent; 5.7 hold the Plant in a secure location at all times, be it the Delivery Location or any other location permitted by the Supplier (in accordance with 5.6 above); 5.8 not, without the prior written consent of the Supplier, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Plant or allow the creation of any mortgage, charge, lien or other security interest in respect of it; 5.9 not without the prior written consent of the Supplier, attach the Plant to any land or building so as to cause the Plant to become a permanent or immovable fixture on such land or building. If the Plant does become affixed to
any land or building then the Plant must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Plant from any land or building and indemnify the Supplier against all losses, costs or expenses incurred as a result of such affixation or removal; 5.10 not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Supplier in the Plant and, where the Plant has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Supplier may enter such land or building and recover the Plant both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Supplier of any rights such person may have or acquire in the Plant and a right for the Supplier to enter onto such land or building to remove the Plant; 5.11 not suffer or permit the Plant to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Plant is so confiscated, seized or taken, the Customer shall notify the Supplier and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Plant and shall indemnify the Supplier on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation.
The weekly rate shall be charged irrespective of the number of hours worked, except in the case of breakdown for which the Supplier is responsible when an allowance at the rate of one-fifth of the agreed weekly rate will be made for each full working day broken down calculated to the nearest half working day. No allowances will be made for any breakdowns on weekends (Saturdays and Sundays).
The Customer shall pay the cost and if required by the Supplier, arrange transport of the Plant from the Supplier's depot or equal to the Delivery Location and return the Plant to a location specified by the Supplier or equal on completion of the hire period.
8.1 The price of the hire shall be the price set out in the Order, or, if no price is quoted, the price set out in the Supplier's price list in force as at the date of delivery. All prices quoted are valid for 30 days only or until earlier acceptance by the Customer after which time they may be altered by the Supplier without giving notice to the Customer. 8.2 The price of the hire is exclusive of amounts in respect of value added tax (VAT). The Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the commencement of the hire period. 8.3 The Customer shall pay the invoice in full and in cleared funds within the agreed payment terms from despatch of the Plant from the Suppliers depot.
9.1 Nothing in these Conditions shall limit or exclude the Supplier's liability for: (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; (d) defective products under the Consumer Protection Act 1987. 9.2 Subject to clause 9.1: (a) the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and (b) the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed $100 \%$ of the price of the order.
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
(a) The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract. (b) The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier. 11.2 Notices. Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause. 11.3 Severance. If any provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of the Contract. 11.4 Waiver. No waive by the Supplier of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent break of the same of any other provision. 11.5 Third party rights. A person who is not a party to the Contract shall not have any rights to enforce its terms. 11.6 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by the Supplier. 11.7 Governing law \& Jurisdiction. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales and Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
PLEASE SIGN AND RETURN THESE TERMS AND CONDITIONS BY POST OR SCAN/EMAIL
COMPANY
NAME [PRINT] SIGNATURE DATE
98 High street Wootton Isle of Wight
Redacted
Kieron blamey Invoice
Bill To: Peter Vermeulen [email protected] International Centre For Technology Limited The Nunnery
Invoice No: 6
Date: 12/05/2020 Terms: NET 30 Due Date: 11/06/2020 Old Castletown Road, Douglas, IM2 1QB.
Works to gate opening and piers. Installation of anchors and new concrete lintel. Payment Details
BACS payment to:
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From ICT Limited CurrentRedacted To RH SOLUTIONS LTD Redacted
Payment date 10 Jan 2020 If you've signed up for alerts then you should receive a text alert confirming this. You can change or Or you can find out
The Royal Bank of Scotland International Limited trading as Isle of Man Bank (Isle of Man Bank). Registered Office: Royal Bank House, 71 Bath Street, St. Helier, Jersey, JE4 8PJ. Tel. 01534282850. Regulated by the Jersey Financial Services Commission. Isle of Man business address: 2 Athol Street, Douglas, Isle of Man, IM99 1AN. Tel. 01624637000. Licensed by the Isle of Man Financial Services Authority in respect of Deposit Taking, Investment Business and registered as a General Insurance Intermediary. Isle of Man Bank is a member of the Isle of Man Depositors' Compensation Scheme (DCS) as set out in the Depositors' Compensation Scheme Regulations 2010. To understand your eligibility under the scheme you may wish to visit https://www.iomfsa.im/consumer-material/isle-of-man-depositors-compensation-scheme-dcs/
Invoice 1900
Copse End Lower Woodside Road Wootton Bridge IW PO33 4JT
Philip Vermeulen International Centre For Technology Ltd The Nunnery Old Castletown Road Douglas Isle Of Man IM21QB
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Services: Installation Install Platipus anchors
Services: Materials Supply all materials and plant to enable works We really appreciate your business. Thank you
| RATE | VAT | NET |
|---|---|---|
| VAT @ 20% | Redacted | Redacted |
Bank Details
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