1. PRIVACY POLICY
Privacy policy
FARM & STABLE SUPPLIES LLP (Registered in England & Wales No. OC360161) ("We", "we" or "us") are committed to protecting and respecting your privacy.
This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is FARM & STABLE SUPPLIES LLP (Registered in England & Wales No. OC360161) of Omega House, Hazleton Interchange, Lakesmere Road, Horndean PO8 9JU, UK.
Information We May Collect from You
We may collect and process the following data about you:
- Information that you provide by filling in forms on our site. This includes information provided at the time of registering to use our site, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through our site and the fulfilment of your orders.
- Details of your visits to our site including, but not limited to, traffic data, location data, weblogs, and other communication data, whether this is required for our own billing purposes or otherwise, and the resources that you access.
IP Addresses
We may collect information about your computer, including where available your IP address, operating system, and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns and does not identify any individual.
Cookies
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For detailed information on the cookies we use and the purposes for which we use them, see our Cookie Policy.
Where We Store Your Personal Data
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details, and the provision of support services. By submitting your personal data, you agree to this transfer, storing, or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses Made of the Information
We use information held about you in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and your computer.
- To provide you with information, products, or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you, and we or they may contact you about these.
- If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
- If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
- If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
Disclosure of Your Information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company, and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If the interests in FARM & STABLE SUPPLIES LLP or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of FARM & STABLE SUPPLIES LLP, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Your Rights
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Omega House, Hazleton Interchange, Lakesmere Road, Horndean PO8 9JU, UK.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to Information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Changes to Our Privacy Policy
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
Contact
Questions, comments, and requests regarding this privacy policy are welcomed and should be addressed to us at Omega House, Hazleton Interchange, Lakesmere Road, Horndean PO8 9JU, UK.
2. WARRANTY
HAYGAIN HAY STEAMERS
Your Haygain Hay Steamer comes with a 1 year warranty. The warranty covers the repair and replacement of your Haygain Hay Steamer or a part of it. This includes all required parts and labour. All repairs and replacements are at the discretion of Haygain. Please read the Warranty Terms and Exceptions below.
Terms of Warranty The warranty is effective from the date of delivery.
• Before Haygain repairs or replaces your Haygain hay steamer under warranty, you must provide proof of purchase (such as your order conformation email or copy invoice). Without proof of purchase, there will be a fee for the work required.
• If your Haygain Hay Seamer is faulty, it is usually repaired at an authorised service centre. All work is done by Haygain or an authorised representative.
• There will be no fee for a replacement steam generator. If a part for your Haygain Hay Steamer is no longer available, Haygain will replace it with a similar functional part.
• Any repair, replacement or exchange of your Haygain Hay Steamer under warranty does not extend the warranty period.
Exceptions to the Warranty
The warranty does not cover the following conditions:
• Normal wear and tear
• Accidental damage
• Removal of blockages
• Use of parts or accessories that are not approved by Haygain
• Repairs and installations by parties that are not approved by Haygain
• Faults or damage caused by not maintaining the hay chest or steam generator as described in the Hay Steamer Manual.
• Faults or damage caused by negligent use or misuse, which includes but is not limited to the following conditions: Using your Haygain Hay Steamer in a location that does not meet the conditions listed in the hay steamer user manual, using dirty water in the steam generator, allowing the steam generator to run out of water, insufficiently descaling the steam generator, foreign objects in the steam generator or steam manifold, running the steam generator without thoroughly defrosting all parts and/or if frozen water is present anywhere in the steam generator, hosing, chest, manifold or spikes.
THE FORAGER SLOW FEEDER
Your Haygain® Forager comes with a 1 year warranty.
The warranty covers the replacement of your Haygain® Forager or a part of it. The regulators are considered a consumable and therefore not included in the warranty. All replacements are at the discretion of Haygain®.
Terms of Warranty
• The warranty is effective from the date of delivery.
• Before Haygain® replace your Forager under warranty, you must provide proof of purchase.
• If a part for your Haygain® Forager is no longer available, Haygain® will replace it with a similar functional part.
• Any replacement or exchange of your Haygain® Forager under warranty does not extend the warranty period.
Exceptions to the Warranty
The warranty does not cover the following conditions:
• Normal wear and tear
• Accidental damage
• Use of parts or accessories that are not approved by Haygain.
COMFORTSTALL
Your ComfortStall® flooring from Haygain comes with a 6 year warranty.
The warranty covers the repair and replacement of your ComfortStall® Flooring or a part of it. This includes all required parts and labour. All repairs and replacements are at the discretion of Haygain.
Terms of Warranty
• The warranty is effective from the date of delivery.
• Before Haygain repairs or replaces your ComfortStall® Flooring under warranty, you must provide proof of purchase (such as your order confirmation email or copy invoice). Without proof of purchase, there will be a fee for the work required.
• Any repair, replacement or exchange of your ComfortStall® Flooring under warranty does not extend the warranty period.
Exceptions to the Warranty
The warranty does not cover the following conditions:
• Accidental damage
• Faulty installation - when not installed as per the installation leaflet provided with the flooring when delivered, either by yourself or any fitting company used. (If a fitting company is used (either recommended by Haygain or not) the contract for the fitting service is between yourself and the fitting company and any warranty claims and complaints about the fitting service rest between you and the fitting company.)
• Faults or damage caused by negligent use or misuse, which includes but is not limited to the following conditions: cuts made to the flooring which could compromise the integrity of the floor by whatever means, and burns made to the flooring.
3. TERMS AND CONDITIONS
1. Jurisdiction; Contract Formation. For purposes of these Terms and Conditions, the jurisdiction is Seller’s location (the “Jurisdiction”). These Terms and Conditions, any Seller document attached hereto, and any other written or electronic communication of Seller that directs Buyer to or incorporates these Terms and Conditions, collectively constitute the "Contract Documents" (in the event of a conflict, these Terms and Conditions prevail) governing sale of goods and services described in the Contract Documents (the "Goods"). Buyer shall be deemed to have accepted the provisions of the Contract Documents by any of the following: (a) signing and returning the Contract Documents to Seller; (b) sending to Seller a written acknowledgement of the Contract Documents; (c) placing a purchase order or giving instructions to Seller respecting manufacture, assortment, or delivery of the Goods (including instructions to bill and hold) following receipt of the Contract Documents; (d) failing to cancel a pending purchase order within ten (10) days after receiving the Contract Documents; (e) accepting delivery of all or any part of the Goods; (f) paying for all or any part of the Goods; or (g) indicating in some other manner Buyer’s acceptance of the Contract Documents. Seller may revoke its offer to sell the Goods at any time prior to Buyer’s acceptance. Upon acceptance, Buyer irrevocably agrees and commits to purchase the Goods in accordance with the Contract Documents. SELLER HEREBY OBJECTS TO AND REJECTS THE PROVISIONS OF ANY PURCHASE ORDER OR OTHER DOCUMENT WHICH IS INCONSISTENT WITH OR IN ADDITION TO THE PROVISIONS OF THE CONTRACT DOCUMENTS (WHICH INCONSISTENT OR ADDITIONAL PROVISIONS ARE HEREBY EXCLUDED), AND SELLER'S OFFER AND OBLIGATIONS ARE EXPRESSLY CONDITIONED UPON BUYER'S ACCEPTANCE OF THESE TERMS AND CONDITIONS. THE CONTRACT DOCUMENTS SHALL BE THE COMPLETE AND EXCLUSIVE CONTRACT BETWEEN BUYER AND SELLER WITH RESPECT TO THE GOODS (THE "CONTRACT") AND MAY BE MODIFIED ONLY IN A WRITING SIGNED BY SELLER'S AUTHORIZED REPRESENTATIVE. NO PRIOR OR CONTEMPORANEOUS PROPOSALS, QUOTATIONS, STATEMENTS, FORECASTS, SAMPLES, MODELS, SPECIFICATIONS, COURSE OF DEALING OR USAGE OF TRADE SHALL BE PART OF THE CONTRACT. In this Contract, “including” shall be deemed to mean “including without limitation.”
2. Payment
Unless specified otherwise in the Contract, all invoices are payable in full, at Seller's office in the Jurisdiction, in the official currency of the Jurisdiction, within thirty (30) days after date of invoice. All payments shall be due and payable without offset, discount (unless explicitly provided for in the Contract) or any reduction in the Contract price, without deduction for any exchange or conversion, and also without deduction for any taxes or duties levied by any governmental authority. Any payment received from or for the account of Buyer may be accepted and applied by Seller against any indebtedness owing by Buyer, as shown in the books and records of Seller, without discharge of the remainder of any such indebtedness regardless of any statement by Buyer referring to or accompanying such payment. Seller may, at any time, in its sole discretion, limit or cancel any credit terms given to Buyer; and as a condition to Seller’s obligations under the Contract (including manufacturing or delivering all or part of the Goods), Seller may, in its sole discretion, require Buyer to (i) pay in cash an amount sufficient to cover the unpaid Contract price (including all related transportation, storage and other costs to be charged to Buyer).
3. Default
Buyer shall be in default and fundamental and material breach of this Contract upon the occurrence of any of the following: (a) Buyer's uncured breach or nonfulfillment of this or any other contract with Seller; (b) Buyer's failure to make timely payment to Seller for any instalment of the Goods; (c) Buyer's failure to assort, specify, or accept any instalment of non-defective Goods; (d) Buyer's insolvency, calling of a meeting of its creditors, or general assignment for the benefit of its creditors; or (e) commencement of bankruptcy, insolvency, reorganization, arrangement or similar proceedings concerning Buyer (but, in the case of involuntary proceedings, only if not dismissed within thirty (30) days after commencement). In the event of any such default by Buyer, Seller may, in addition to any other rights and remedies, exercise any one or more of the following rights and remedies, which are intended to be cumulative and not mutually exclusive: (i) cancel any part of this Contract (including any warranty) or any other contract with Buyer (with Buyer liable for damages); (ii) defer any shipment under this or any other contract; (iii) declare immediately due and payable all outstanding invoices under this or any other contract; (iv) immediately repossess all or any part of the Goods in transit or in the custody or control of Buyer pursuant to this or any other contract, at the sole risk and expense of Buyer; (v) finish all or any portion of its performance of the Contract and charge Buyer up to the full Contract price and (vi) re-sell all or any part of the Goods covered by this or any other contract, or any materials supplied for the Contract, at public or private sale, with Buyer responsible for all losses and expenses incurred in such sale.
4. Retention of Title
Unless specified otherwise in the Contract, all Goods delivered to Buyer shall remain the property of Seller, or if such retained title is not valid or enforceable under applicable law, Seller shall have and retain a security interest and lien in and against the Goods until Seller has received payment in full therefor. Buyer shall maintain all Goods which Seller has delivered but for which Seller has not been paid in full in a separate location, marked by conspicuous signage disclosing Seller's retained interest in such Goods and shall not transfer to any third party any interest in such Goods. Notwithstanding Seller's retained interest in the Goods, Buyer shall bear all risk of loss or damage with respect to the Goods and shall be responsible for maintaining full replacement cost insurance for the Goods, at Buyer's sole expense, with Seller named as a loss payee and additional insured, until Seller has been paid in full therefor. Notwithstanding Seller's retained interest in any of the Goods, Buyer shall be solely responsible and liable for any and all taxes, warehousing or storage costs, transportation costs or other costs or liabilities associated with the Goods following delivery thereof by Seller in accordance with the Contract. Buyer will execute any document deemed necessary or appropriate by Seller, in its sole discretion, to perfect or enforce the retained interest of Seller in the Goods, or in the alternative, Seller may file or record the Contract or any memorandum or statement thereof without Buyer's signature.
5. Delivery; Bill and Hold
Unless specified otherwise in the Contract, Seller's delivery of the Goods shall be Ex Works (EXW) Origin INCOTERMS® 2020, with risk of loss and damage passing to Buyer at such point, subject to Seller's rights under applicable law. For any Goods held subject to Buyer's instructions or which Seller, in its sole discretion, has determined should be held for Buyer's account, Seller may invoice before delivery, with risk of loss or damage passing to Buyer as of the date of such invoice. Buyer shall pay all insurance, freight, and delivery charges as a separate item. Delivery may, in Seller's discretion, be made in severable instalments, and instalment deliveries shall be accepted by Buyer and paid for at Contract prices and terms. Unless specified otherwise in the Contract, all delivery dates are Seller's good faith estimates of shipping and are not guaranteed. Goods invoiced and held in any location for any reason shall be held at Buyer's risk and expense, and Seller may charge for insurance and storage at prevailing rates.
6. Limited Warranties
SUBJECT TO SECTION 7, FOR ALL GOODS SOLD AS FIRST QUALITY, SELLER WARRANTS GOOD TITLE AND THAT THEY ARE OF SELLER'S STANDARD QUALITY AT THE TIME OF SUCH SALE. ALL OTHER GOODS SOLD HEREUNDER, INCLUDING GOODS SOLD AS "SECONDS," "AGED," "OFF-QUALITY," OR "DISCONTINUED LINES" ARE SOLD "AS IS." SELLER MAKES NO REPRESENTATION OR WARRANTY BEYOND ANY EXPLICIT STATEMENTS CONTAINED IN THE CONTRACT. ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, OR ANY WARRANTIES BASED UPON SAMPLES, MODELS, OR SPECIFICATIONS, ARE EXPRESSLY DISCLAIMED. BUYER ASSUMES ALL RISK AND LIABILITY CONCERNING THE USE OF GOODS.
7. Limitation of Liability
WITHOUT LIMITING THE GENERALITY OF ANY OTHER PROVISION IN THE CONTRACT LIMITING OR EXCLUDING LIABILITY OF SELLER, THE DAMAGES RECOVERABLE BY BUYER BASED ON ANY CLAIM OF ANY KIND WHATSOEVER (INCLUDING NEGLIGENCE) ARISING FROM OR IN ANY WAY CONNECTED TO THIS CONTRACT OR THE GOODS SHALL NOT BE GREATER THAN THE ACTUAL CONTRACT PRICE OF THE GOODS PAID BY BUYER WITH RESPECT TO WHICH SUCH CLAIM IS MADE, AND IN NO EVENT SHALL SELLER BE LIABLE FOR BUYER'S OR ANY THIRD PARTY'S SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES DUE TO LOSS OF USE, LOST PROFITS, LOSS OF GOODWILL, LATE DELIVERY, NONDELIVERY, DEFECTIVE CONDITION, OR USE OF THE GOODS. Even if losses are deemed direct losses, Seller shall not be liable for loss of production, loss of profits, loss of business, loss of contracts, loss of revenues, loss of goodwill or loss of opportunity or any similar losses. Any technical advice or assistance that Seller furnishes to Buyer hereunder and the results thereof are provided at Buyer’s sole risk and expense. Nothing in this Contract excludes or limits the liability of a Party for (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by its negligence; or (c) any other liability which a Party is legally prohibited from excluding or limiting, to the extent of such prohibition.
8. Defects and Claims
Buyer shall examine and test Goods within ten (10) days after receipt and before use or resale and shall give Seller prompt notice of any alleged nonconformity. Buyer's use or resale of Goods shall be deemed acceptance as conforming to this Contract. All claims of any kind, nature, or description are barred and waived unless made in writing. Buyer shall be deemed to have accepted the Goods, and any right to cancel, reject, or claim damages shall expire, and Buyer shall lose and waive any right to rely upon or claim nonconformity of the Goods, unless Buyer's written and particularized claim is received by Seller (a) within ten (10) business days after receipt of Goods for all claims other than those for latent defects or (b) within ninety (90) days after receipt of Goods for a latent defect; provided, however, that in no case shall any claim be considered after Goods have been dyed, finished, cut, or processed in any manner. Within thirty (30) days after receipt of written notice of claimed defective Goods, Buyer shall make such Goods available without cost to Seller at a point designated by Seller (with failure to do so deemed acceptance and waiver of all claims for defect). If Seller determines a defect claim to be valid, Seller may, at its sole option and election, (i) replace any defective Goods, (ii) repair any defective Goods, (iii) accept return of any defective Goods and refund the purchase price therefor to Buyer, or (iv) pay to Buyer the difference in value of conforming Goods as of the scheduled Contract delivery date and the value of the Goods actually delivered. To the extent permitted by law, the foregoing is Buyer's exclusive remedy for any defective Goods hereunder.
9. Patent Infringement
Seller's delivery of Goods does not expressly, or by implication, grant Buyer any license or other right under any patent or copyright or grant authorization to infringe any patent or copyright. In the event the Goods, in the form delivered by Seller, are found by a court of competent jurisdiction to infringe a patent in Buyer's country, Buyer shall give Seller prompt written notice thereof, and Seller, at its option and discretion, shall either procure for Buyer the right to continue to use the Goods (in the form delivered by Seller) in Buyer's country, replace the allegedly infringing Goods with non-infringing Goods, or accept a return of the allegedly infringing Goods for a refund of the purchase price paid by Buyer. The foregoing states the entire liability of Seller with regard to any claim of patent infringement. Buyer shall indemnify, defend and hold Seller harmless against all damages and expenses arising from claims of infringement of patent rights on Goods specifically produced or modified at Buyer's request and against all damages or expenses arising from any infringement or from any misuse of any trade name, trademark, symbol, identification of material content, or other labeling used by Seller under Buyer's instructions.
10. Force Majeure
Neither party shall be liable for loss or damage due to nonperformance resulting from any cause beyond the affected party’s reasonable control, including compliance with any regulation, order, or instruction of a governmental authority, act of God, war (declared or undeclared), terrorism, act or omission of the other party, act of civil or military authority, fire, epidemic, flood, catastrophe, strike, factory or port shut-down, lockout, riot, rationing, shortage of material, or inability of such affected party to obtain necessary labor from usual sources; provided, however, no delay in the performance of Buyer’s payment obligations hereunder shall be excused on account of any such cause. In the event of any excused delay due to any such cause, the affected party shall as soon as practical notify the other party thereof and shall at the same time, or the earliest practical date after such notice, specify any revised performance schedule. In the event of any such excused delay, the time of performance by the affected party shall be extended for a period equal to the time lost by the affected party by reason of the delay.
11. Prices
All prices are exclusive of any applicable import duties and tariffs, Customs fees, export licensing fees, or import or export taxes, federal, state, provincial or local sales, use, property, or value added taxes or other any taxes or official charges, all of which are Buyer's sole responsibility. Prior to Buyer's acceptance of the Contract Documents, Seller may change any price without notice. After such acceptance, Seller may change any price on undelivered Goods by giving Buyer at least fifteen (15) days' prior written notice, and in the event of such change, Buyer’s sole recourse shall be the right to cancel this Contract as to any Goods for which such change in price applies, by written notice given to and received by Seller prior to the date when the change is to become effective. If Seller is prevented by law, governmental decree, order, or regulation from making a change in price, or continuing a price already in effect, Seller may terminate this Contract after giving Buyer thirty (30) days' prior written notice.
12. Governing Law
For domestic sales, the law of the Jurisdiction, without regard to its conflict of laws principles, shall govern this Contract and the rights and obligations of the parties. For international sales other than those made in the People’s Republic of China, the United Nations Convention on Contracts for the International Sale of Goods (the "Sales Convention") shall, to the extent applicable and as limited herein, govern this Contract and the rights and obligations of the parties. Notwithstanding the foregoing, in the event of any inconsistency or conflict between provisions of the Contract, including these Terms and Conditions, on the one hand, and the Sales Convention, on the other hand, the provisions of the Contract shall govern and prevail. To the extent of any such inconsistency or conflict, the provisions of the Contract shall be deemed to derogate from the provisions of the Sales Convention within the meaning of Article 6 thereof. Further, without limiting the generality of the foregoing, the following provisions of the Sales Convention are hereby excluded from the Contract: Articles 8(3), 9, 11, 16(2), 39(2), 44, 46, 50, and 84(1). Questions that are not expressly settled in the Contract or by application of the Sales Convention are to be settled in conformity with the internal laws of the Jurisdiction, without regard to its conflict of laws principles. For international sales not governed by the Sales Convention, the internal laws of the Jurisdiction, without regard to its conflict of laws principles, shall govern this Contract and the rights and obligations of the parties hereunder. The Convention on the Limitation Period in the International Sale of Goods is hereby excluded and shall not govern any claim arising from or relating to this Contract or the sale or purchase of the Goods.
13. Dispute Resolution
Except as otherwise provided herein, any dispute arising out of or related to this Contract or the sale, use or purchase of the Goods shall be settled by binding arbitration in the Jurisdiction administered in accordance with Rules of Arbitration of the International Chamber of Commerce in effect on the date of such arbitration, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration proceedings, and all documents, pleadings and awards related thereto shall be in the official language of the Jurisdiction. The arbitration award shall be stated in the currency specified in the Contract or, if no such currency is specified, the currency of the Jurisdiction, and the reasons for the award shall be stated therein. The arbitrator(s) shall have no power to alter or modify any provision of this Contract. The parties shall equally share the arbitrator's fees and costs. Anything to the contrary in this Contract notwithstanding: (a) any claim by Buyer of any kind, nature, or description is barred and waived, and no proceedings of any kind may be commenced by Buyer, unless Buyer institutes arbitration proceedings within one (1) year after the claimed breach occurs and (b) Seller may, in its sole discretion, apply to a court competent jurisdiction with respect to (i) any claims by Seller for amounts owed by Buyer in connection with a sale of the Goods to Buyer, (ii) any claims by Seller to enforce the agreement herein to arbitrate or to enforce the award of the arbitrator(s); (iii) Seller's enforcement of the limitation period set forth hereinabove in respect of Buyer's claims; or (iv) any claims by Seller for injunctive relief or interim measures to prevent or stop irreparable harm to Seller's rights or property. Buyer hereby irrevocably submits to the jurisdiction of the courts within the Jurisdiction with respect to any such litigation. If Seller files litigation in accordance with the foregoing, Buyer shall file no counterclaim therein that is arbitrable under this Contract.
14. Assignment and Delegation
Neither party shall transfer or assign this Contract, whether by operation of law or otherwise, without the prior express written consent of the other party. Any attempted transfer or assignment hereof without such consent shall be void and without force or effect. Except as otherwise expressly provided herein, this Contract is not intended to be for the benefit of, and shall not be enforceable by, any person not a party to it or the permitted assignee of such party.
15. Notices
Unless specified otherwise elsewhere in the Contract, all notices and similar communications provided hereunder shall be in the English language or the language of the Jurisdiction, in writing, and delivered by first-class, prepaid, registered mail of the postal service of the Jurisdiction or reputable express courier service.
16. Miscellaneous
All rights and remedies hereunder shall be in addition to all other rights and remedies under applicable law, all of which shall be nonexclusive and cumulative. No waiver by either party of any default shall be deemed a waiver of any subsequent default. If any provision of this Contract is determined to be invalid, such invalidity shall not affect the validity of the remaining portions of this Contract. Buyer's acceptance of the Contract Documents shall constitute Buyer's representation and warranty that it has obtained all necessary approvals, licenses and permits required from any governmental authority in Buyer's country with respect to the shipment, importation, delivery or use of the Goods, and the payment of the Contract price and all other amounts due to Seller in the currency of payment specified in the Contract or, if no such currency is specified, the currency of the Jurisdiction. Seller shall have the right to cancel its performance under this Contract, and may withhold or suspend performance of its responsibilities hereunder, for any failure or delay by Buyer in giving Seller assurances Seller may require, in its sole discretion, that all such approvals, licenses and permits have been obtained, in which event Buyer shall promptly reimburse and indemnify Seller for all damages, costs or losses incurred by Seller due to such failure or delay by Buyer. The parties shall maintain the confidentiality of this Contract, except to the extent disclosure is required by applicable law or information contained in this Contract is generally available to the public through no act or omission of the party receiving such information. In the event of any translation of the Contract into a language other than English, the provisions of the English-language version shall prevail and govern in the event of any conflict in interpretation. Seller desires to conduct its business in accordance with the highest legal and ethical standards; BUYER SHOULD REPORT ANY VIOLATIONS DIRECTLY TO SELLER’S MANAGEMENT DIRECTLY. CONSUMERS: Where Buyer is a "consumer" under applicable law, any explicit written “consumer” warranty provided and any warranties or guarantees required under law shall apply instead of those provided in Sections 6 and 8 above; and in such “consumer” cases, Seller’s liability is limited to fullest amount allowable under such “consumer” laws (this Contract is not intended to exclude, restrict or modify such laws).