Mon - Fri:9AM-5:30PM
About us
Welcome to Thumbs-up Safety

TERMS & CONDITIONS


Thumbs-Up Safety Co.,Ltd (trading as Thumbs-Up Safety) No.88 Building, Jinhua, China 321000


Terms and Conditions for the Supply of Goods


1. INTERPRETATION


1.1 Definitions. In these Conditions, the following definitions apply:

Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in ICBC are open for business;

Conditions: the terms and conditions set out in this document (as amended from time to time in accordance with clause 11.6);

Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods (incorporating these Conditions);

Customer: the person or firm who purchases the Goods from the Supplier;

Force Majeure Event: shall be as defined in clause 10;

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

Intellectual Property Rights: all copyright, database rights, topography rights, design rights, trade marks, trade names, utility models, patents, domain names and any other intellectual property rights of a similar nature (whether or not registered) subsisting anywhere in the world in or associated with the Goods;

Order: the Customer's order for the Goods, as communicated to, and set out in a written confirmation by, the Supplier (which confirmation shall be sent to the Customer pursuant to clause 2.3);

Specification: any specification for the Goods (including any related drawings) that is supplied by the Customer and agreed in writing by the Supplier, or produced by the Supplier and agreed in writing by the Customer;

Supplier: Thumbs-Up Safety Co.,Ltd (registered in China with company number 91330701MA28DFLX3L) whose registered office is at No.88 Building, Jinhua, China 321000, trading as Thumbs-Up Safety; and VAT: shall be as defined in clause 6.3(d).


1.2 Construction.

In these Conditions, the following rules apply:

(a) a person includes a natural person, corporation or unincorporated body (whether or not having separate legal personality);

(b) a reference to a party includes its personal representatives, successors or permitted assignees;

(c) a reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted from time to time, and includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;

(d) any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the scope of the words preceding those terms; and

(e) a reference to writing or written includes faxes and e-mails.


2. BASIS OF CONTRACT


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 shall ensure that the terms of the Order and any relevant Specification are complete and accurate.

2.3 The Order shall only be deemed to be accepted when the Supplier issues a written confirmation of the Order, at which point the Contract shall be formed.

2.4 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Contract. Any samples, drawings, descriptions or advertising issued by the Supplier and any descriptions or illustrations contained in the Supplier's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or any other contract between the Supplier and the Customer for the sale of the Goods.

2.5 A quotation for the Goods given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of 20 Business Days from its date of issue.


3. DELIVERY


3.1 The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, 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. 

3.2 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 shall arrange for suitable transport to the Delivery Location. Acceptance of any change to the Delivery Location requested by the Customer shall be at the Supplier's sole discretion and the Customer shall be liable for any additional costs, charges and expenses incurred by the Supplier as a result of such change. 

3.3 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location. 

3.4 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 information that is relevant to the supply of the Goods. 

3.5 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 information that is relevant to the supply of the Goods. 

3.6 If the Customer fails to accept delivery of the Goods within three Business Days of the Supplier notifying the Customer that the Goods are ready, then, except where such 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 9.00 am on the third Business Day following the day on which the Supplier notified the Customer that the Goods were ready; and 

(b) the Supplier shall store the Goods until actual delivery takes place and charge the Customer for all related costs and expenses (including insurance). 

3.7 If ten Business Days after the Supplier notified the Customer that the Goods were ready for delivery, the Customer has not accepted 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. 

3.8 The Customer shall not be entitled to reject the Goods if the Supplier delivers up to and including 5% more or less than the quantity of Goods ordered. The Customer shall pay for the actual quantity delivered. 

3.9 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 defect in an instalment shall not entitle the Customer to cancel any other instalment. 

3.10The Customer is responsible for obtaining, at its own cost, such import, export and other licences and consents in relation to the Goods as are required from time to time and, if required by the Supplier, the Customer shall make those licences and consents available to the Supplier prior to the relevant shipment. Without prejudice to the Customer’s obligations under this clause 3.10 and clause 11.7(d), the Supplier (or its appointed carrier) may, on delivery of the Goods and together with the relevant delivery note, provide the Customer with such export documents as are necessary and which the Customer is unable to prepare.


4. QUALITY


4.1 The Supplier warrants (Warranty) that on delivery, the Goods shall: 

(a)conform in all material respects with their description and any applicable Specification; 

(b)be free from material defects in design, material and workmanship; 

(c)be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and 

(d)be fit for any purpose held out by the Supplier. 

This Warranty shall not apply to Goods provided by the Supplier by way of sample only. 

4.2 Subject to clause 4.3, if: 

(a)the Customer gives notice in writing to the Supplier within ten Business Days after its receipt of the Goods that some or all of the Goods do not comply with the Warranty (such notice to state the relevant delivery note reference, a description of the Goods and the alleged reason for the non-compliance); 

(b)the Supplier is given a reasonable opportunity to examine such Goods; and 

(c)the Customer (if so requested by the Supplier) returns such Goods to the Supplier's place of business at the Customer's cost and the Goods have not been soiled or damaged by the Customer, 

the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full. 

4.3 The Supplier shall not be liable for any failure of the Goods to comply with the Warranty if: 

(a)the Customer makes any further use of such Goods after giving notice in accordance with clause 4.2 or the Goods have been soiled or damaged by the Customer; 

(b)the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, use and maintenance of the Goods or (if there are none) good trade practice; 

(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; or 

(e)the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions. 

4.4 Except as provided in this clause 4, the Supplier shall not be liable to the Customer in respect of the Goods' failure to comply with the Warranty. 

4.5 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. 

4.6 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier. 


5. TITLE AND RISK


5.1 The risk in, and responsibility for, the Goods shall pass to the Customer on completion of delivery at the Delivery Location or on delivery of the Goods to the carrier appointed by the Customer to accept the Goods.

5.2 Title to the Goods shall not pass to the Customer until the Supplier has received payment in full (in cash or cleared funds)for:

(a) the Goods; and

(b) all other sums which are or become due to the Supplier for sales of the Goods or any other products to the Customer. 

5.3 Until title to the Goods has passed to the Customer, the Customer shall: 

(a) hold the Goods on a fiduciary basis as the Supplier's bailee; 

(b) store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier's property; 

(c) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; 

(d) not alter the Goods in any way and maintain the Goods in satisfactory condition; 

(e) notify the Supplier immediately if it becomes subject to any of the events listed in clause 7.2; 

(f) give the Supplier such information relating to the Goods as the Supplier may require from time to time; and 

(g) keep the Goods insured against all risks for their full price from the date of delivery and any proceeds of such insurance shall be held on trust for the Supplier in a separate account in the joint names of the Supplier and the Customer. The Customer shall not mix the insurance proceeds with any other money or pay the proceeds into an overdrawn bank account. The Customer shall account to the Supplier for the proceeds accordingly and make good any shortfall in the amount due to the Supplier. 

5.4 The Customer may use or resell the Goods to a third party and pass good title to that third party (but may not otherwise deal with the Goods) on the following terms: 

(a) the sale is in the ordinary course of the Customer's business; and 

(b) the Customer holds the proceeds of any resale on trust for the Supplier in a separate account in the joint names of the Supplier and the Customer and does not mix them with any other money or pay the proceeds into an overdrawn bank account.

The Customer shall account to the Supplier for the proceeds accordingly and shall make good any shortfall in the amount due to the Supplier.

5.5 If before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in clause 7.2, or the Supplier reasonably believes that any such event is about to happen and notifies the Customer accordingly, then, provided that the Goods have not been resold or irrevocably incorporated into another product and without limiting any other right or remedy the Supplier may have, the Supplier may at any time require the Customer to deliver up the Goods and, 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. 

5.6 The Customer shall only be permitted to resell the Goods to third parties in such countries as the Supplier shall notify to the Customer. By allowing resale in these countries, the Supplier does not consent to the exhaustion of its trade mark rights in the Occident Economic Area and all rights asserted in clause 9 shall remain in full force and effect.

5.7The Customer grants to the Supplier an irrevocable licence for the Supplier, its agents and employees to enter any premises where the goods of the Customer are stored to ascertain whether any Goods are stored there and to inspect, count and recover them.


6. PRICE AND PAYMENT


6.1 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 published price list in force as at the date of delivery.

6.2 The Supplier may, by giving notice to the Customer at any time up to five Business Days before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to: 

(a)any factor beyond the Supplier's control (including foreign exchange fluctuations, increases in taxes and duties and increases in labour, materials and other manufacturing costs);

(b)any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or

(c)any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.

6.3 The price of the Goods is exclusive of the following costs and charges in respect of the Goods (details of which are set out in the form of Order), namely:-

(a)postage, packaging, carriage, freight, transport and handling charges;

(b)insurance;

(c)currency conversion and banking charges applicable to the payment method used; 

(d)value added tax or any other applicable sales taxes or any taxes replacing the same (VAT); and

(e)any customs, import or other duties charged in respect of the sale and importation of Goods into the country in which the Customer is resident or the Delivery Location is situated,

which costs and charges shall be paid by the Customer when it pays for the Goods.

6.4 The price of the Goods is exclusive of amounts in respect of 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.

6.5 The Supplier may invoice the Customer for the Goods on or at any time after the completion of delivery.

6.6 The Customer shall pay the invoice in full and in cleared funds within 30 days of the date of the invoice. Payment shall be made by telegraphic transfer to the bank account nominated in writing by the Supplier. Unless otherwise agreed by the Supplier, payment shall be made in dollar or RMB sterling provided that if at any time the dollar or RMB sterling ceases to be legal tender in China, the parties shall agree an alternative currency in writing and all payments shall be made in that nominated currency from the date on which the Customer receives notice of such change in currency from the Supplier. Time of payment is of the essence.

6.7 If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment (Due Date), then the Customer shall pay interest on the overdue amount at the rate of 3% per annum above the base lending rate from time to time of the Lloyds Banking Group plc. Such interest shall accrue on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.

6.8 The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the Supplier in order to justify withholding payment of any such amount in whole or in part. Without limiting any other rights or remedies it may have, the Supplier may at any time set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer. If the Customer is required under any applicable law to withhold or deduct any amount from the payments due to the Supplier, the Customer shall increase the sum it pays to the Supplier by the amount necessary to leave the Supplier with an amount equal to the sum it would have received had no such withholdings or deductions had been made.


7. CUSTOMER'S INSOLVENCY OR INCAPACITY


7.1 If the Customer becomes subject to any of the events listed in clause 7.2 (or if the Supplier reasonably believes that the Customer is about to become subject to any such events and notifies the Customer accordingly), then, without limiting any other right or remedy available to the Supplier, the Supplier may cancel or suspend all further deliveries under the Contract or under any other contract between the Customer and the Supplier without incurring any liability to the Customer, and all outstanding sums in respect of Goods delivered to the Customer shall become immediately due.

7.2 For the purposes of clause 7.1, 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 or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or to have no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply; or

(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 (other than (where the Customer is a company) solely as part of a scheme for the solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer); or

(c)(being an individual) the Customer is the subject of a bankruptcy petition or order; or

(d)a creditor or encumbrancer of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within seven days; or

(e)(being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Customer; or

(f) (being a company) a floating charge holder over the assets of the Customer has become entitled to appoint or has appointed an administrative receiver; or

(g)a person becomes entitled to appoint a receiver over the assets of the Customer or a receiver is appointed over the assets of the Customer; or

(h)any event occurs, or proceeding is taken, with respect to the Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 7.2(a) to clause 7.2(g)(inclusive); or

(i) the Customer suspends, threatens to suspends, ceases or threatens to cease to carry on all or substantially the whole of its business; or

(j) the financial position of the Customer deteriorates to such an extent that, in the opinion of the Supplier, the capability of the Customer adequately to fulfil its obligations under the Contract has been placed in jeopardy; or 

(k)(being an individual) the Customer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.


8. LIMITATION OF LIABILITY


8.1 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 sub-contractors (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; or

(e)any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.

8.2 Subject to clause 8.1:

(a)the Supplier shall not be liable to the Customer (whether in contract, tort (including negligence), misrepresentation, breach of statutory duty or otherwise), for any loss of actual or anticipated profit, interest, revenue, anticipated savings, business or goodwill, or for economic, indirect, special or consequential loss arising under or in connection with the Contract or for any loss or damage of any nature whatsoever suffered by third parties (including in each case incidental and punitive damages); 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), misrepresentation, breach of statutory duty or otherwise), shall not exceed the aggregate price of all the Goods supplied under the Contract.

8.3 The Supplier shall not be liable for any losses arising from the Customer's subsequent use or misuse of the Goods including (without limitation):

(a)fair wear and tear;

(b)wilful damage;

(c)the Customer's negligence, or that of its agents or employees, or any failure to follow the Supplier's instructions as to use of the Goods;

(d)abnormal working conditions beyond those referred to in the Specification; and/or

(e)any alteration or repair of the Goods by any manufacturing process or otherwise, save for any latent defect which means that the Goods did not comply with the Specification.

8.4 The Supplier is not liable for:

(a)non-delivery unless the Customer notifies the Supplier of the claim within five Business Days of the date of the Supplier's invoice;

(b)shortages in the quantity of Goods delivered in excess of those permitted by clause 3.8, unless the Customer notifies the Supplier of a claim within ten Business Days of receipt of the Goods; or

(c)damage to or loss of all or part of the Goods in transit (where the Goods are carried by the Supplier's own transport or by a carrier on behalf of the Supplier), unless the Customer notifies the Supplier within ten Business Days of receipt of the Goods or the scheduled date of delivery, whichever is the earlier.


9. INTELLECTUAL PROPERTY RIGHTS


9.1 The Customer acknowledges that:

(a)the Intellectual Property Rights are the Supplier's (or its licensor's) property;

(b)nothing in these Conditions shall be construed as conferring any licence or granting any rights in favour of the Customer in relation to the Intellectual Property Rights. The Supplier asserts its full rights to control the use of its trade marks within the Occident Economic Area and the Customer shall assist the Supplier as required in preventing parallel importers from diluting the Supplier's rights; and

(c)any reputation in any trade marks affixed or applied to the Goods shall accrue to the sole benefit of the Supplier or any other owner of the trade marks from time to time.

9.2 The Customer shall not repackage the Goods and/or remove any copyright notices, confidential or proprietary legends or identification from the Goods except with the Supplier's prior written consent.

9.3 The Customer shall not use or seek to register any trade mark or trade name (including any company name) which is identical to, confusingly similar to or incorporates, any trade mark or trade name which the Supplier or any associated company of the Supplier owns or claims rights in anywhere in the world.

9.4 The Customer shall promptly and fully notify the Supplier of:

(a)any actual, threatened or suspected infringement of any Intellectual Property Rights which comes to the Customer's notice; and

(b)any claim by any third party that comes to the Customer's notice that the sale or advertisement of the Goods infringes the rights of any person.

9.5 The Customer agrees (at the Supplier's request and expense) to do all such things as may be reasonably required to assist the Supplier in taking or resisting any proceedings in relation to any infringement or claim referred to in clause 9.4.


10. FORCE MAJEURE


Neither party shall be liable for any failure or delay in performing its respective 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, without limitation, 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). 


11. GENERAL


11.1 Assignment and subcontracting

(a)The Supplier may at any time assign, transfer, dispose of, charge, sub-contract 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, dispose of, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Supplier.

11.2 Notices

(a)Any notice or other communication given to a party under or in connection with the Contract shall be in writing and in the English language, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) as set out in these Conditions or such other address as that party may have notified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first-class post (or by airmail post if to an address outside the country of posting), recorded delivery, commercial courier, fax or e-mail, and, if addressed to the Supplier, marked for the attention of the Sales Director.

(b)A notice or other communication shall be deemed to have been received:

(i) if delivered personally, when left at the address referred to in clause 11.2(a);

(ii) if sent by pre-paid first-class post or recorded delivery, at 9.00 a.m. on the second Business Day after posting (or the fifth Business Day after posting if sent by airmail post);

(iii) if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or

(iv) if sent by fax or e-mail, one Business Day after transmission.

(c)The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

11.3 Severance

(a)If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.

(b)If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

11.4 Waiver

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

11.5 Third party rights

A person who is not a party to the Contract shall not have any rights under or in connection with it.

11.6 Variations

Any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by the Supplier.

11.7 Governing law and jurisdiction

(a)The Contract (and any dispute or claim arising out of or in connection with it or its subject matter or formation, including (without limitation) any non-contractual disputes or claims), shall be governed by, and construed in accordance with, Chinese law. For the avoidance of doubt, the United Nations Convention on the International Sale of Goods shall not apply to the Contract. The international rules for the interpretation of trade terms prepared by the International Chamber of Commerce (Incoterms) shall apply but where they conflict with these Conditions, these Conditions shall prevail.

(b)Subject to clause 11.7(c), the parties submit to the exclusive jurisdiction of the courts of China and agree that, in respect of proceedings in China and in any other jurisdiction, process may be served on either of them in the manner specified for notices in clause 11.2.

(c)Nothing in this clause 11.7 shall limit the right of the Supplier to take proceedings against the Customer in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdiction preclude the Supplier from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

(d)It is the Customer's obligation to:-

(i) acquaint itself and to comply with all applicable requirements and restrictions imposed by law or by governmental and other authorities or corporations relating to the possession, use, import, export, or resale of the Goods; and

(ii)ensure that no Goods are exported or imported in violation of the laws of any jurisdiction into or through which the Goods are transported during the course of reaching the Delivery Location.

Where necessary, the Customer shall inform the Supplier at a reasonable time before delivery of any documents which it is necessary for the Supplier to provide in order to allow export of the Goods in compliance with the laws of any relevant jurisdiction.

(e)The rights set out in this clause 11.7 are in addition to any other manner of service permitted by law at the time when service is made.