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GENERAL TERMS AND CONDITIONS

In using this website, you are deemed to have read and agreed to the following terms and conditions

1.0.0 Scope

1.0.1 The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and “Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same. For a deeper understanding of all our terminology, please refer the Glossary supplied at the end following our general terms and conditions, sales and privacy policies.

1.0.2 These Conditions apply to the Contract to the exclusion of all other terms and conditions, including any terms that the Customer may seek to impose or incorporate under any purchase order, confirmation of order or other document, or which are implied by trade, custom, practice or course of dealing. No terms or conditions endorsed on, delivered with or contained in an order, specification or other document will form part of the Contract simply as a result of such document being referred to in the Contract.

1.0.3 These general terms and conditions, privacy, sales and delivery shall apply for the entire duration of the business relationship, i.e. for subsequent transactions as well. These general terms and conditions of sales and delivery need only be provided once.

1.0.4 Unless International Sew-Right Safety Clothing has expressly confirmed otherwise in writing, any quotation that it may issue from time to time will be entirely non-binding, and will not constitute an offer for the supply of the Goods.

1.0.5 Each Order will be deemed to be an offer by the Customer to purchase the Goods subject to these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable specification documents submitted by it are complete and accurate.

1.0.6 No Order will be deemed to have been accepted by International Sew-Right Safety Clothing, and no Contract will be formed, until a Sales Order Confirmation has been issued by International Sew-Right Safety Clothing.

1.0.7 Any statements, samples, drawings, descriptive matter, or advertising produced by International Sew-Right Safety Clothing are produced for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of the Contract or have any contractual force.

1.0.8 The Contract constitutes the entire agreement between the Parties. Except as otherwise provided in these Conditions, all other terms, conditions, warranties and representations (whether oral or in writing) are excluded from any contract between International Sew-Right Safety Clothing and the Customer and these Conditions supersede any and all prior promises, representations, undertakings or implications. The Customer hereby acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of International Sew-Right Safety Clothing which is not set out in the Contract.

1.0.9 Notwithstanding any other provision in this Contract, International Sew-Right Safety Clothing may perform any of its obligations and exercise and of its rights granted under this Contract through any International Sew-Right Safety Clothing. The Customer acknowledges and agrees that any act or omission of any International Sew-Right Safety Clothing in relation to International Sew-Right Safety Clothing’s rights or obligations under this Contract shall be deemed to be an act or omission of International Sew-Right Safety Clothing itself.

1.0.10 The present English version prevails over translations.

1.1.0 Privacy Statement

1.1.1 We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

ORDER / SALES POLICY

2.0.0 Customer orders

2.0.1 Office Phones - One can place an order by contacting us through our office phones. Our office hours are Monday through Friday 8:00AM to 4PM. You may reach the office at (905) 374-3600.

2.0.2 Fax Machine - One can also reach us through our fax machine. If you’re sending a document past the hours of open operation, we will then receive your document and reviewed the next business day morning. You may fax us at (905) 374-6121.

2.0.3 Walk In - You as a physical being are allowed to walk in to our facility and discuss with us your needs. A personal level may help you with your decisions. Come see our clothing line in person and get your fitting today! Come ring our door bell at 6190 Don Murie Street, Niagara Falls ON, L2G 0B4 Canada.

2.0.4 E-Mail - You can also send us your documentations and any other concerns via our e-mail. The email will also be reviewed the next business day morning if you’re sending out the documents after hours. Our preferred email address for orders, please send them through to orders@safetyclothing.com. If you have any general inquiry you may email us at office@safetyclothing.com. If you would like to speak to the boss, E-Mail her at Lyse@safetyclothing.com.

2.0.5 Website - We’re in the progress of setting up orders via the website. Our soft launch allows us to have a fresh landing page, contact page, a better user-friendly experience. Adding a whole list of add-ons to the site we are focusing on getting our catalog up and going. So, this feature will be coming soon!

2.0.6 Online Stores - If you’re looking for something quick, we may have it on our OMNI Channel online shops. Primarily we like to sell our items on Amazon.ca and Ebay.ca, though we’re not restricted to these platforms. We also sell on Kijiji.com, Facebook Market and Letgo.

2.0.7 Social Platforms - Other online social platforms such as Facebook, EBay, Instagram, Twitter and LinkedIn are also great channels to get a hold of us. You can see what we represent as a company as we build our reputation on these online social platforms.

2.1.0 Regular Orders

2.1.1 Regular orders are orders in which you as a client has chosen an item or assortment of items from one of our existing clothing lines. When ordering these items please indicated the following:

2.2.0 Custom Orders

2.2.1 In regards to custom orders please contact the office at (905) 374-3600. We will need to discuss your needs with our design team. Much information is needed and we would like to get your product out just the way you asked for. Please be prepared with the following information:

2.3.0 Rushed Orders

2.3.1 If you’re in need of a product in a rush, you may contact us the fastest way through our office phones within business hours at (905) 374-3600. Rushed orders are special orders and need extra care. The following requirements from the above two divisions apply to these special orders.

2.4.0 Review and Sales Confirmation

2.4.1 Once you have sent us the above information and we have received it. You will get a confirmation from us once we have reviewed the documents. You will receive a reply with a quote and any additional important information that you as a client may need to know.

Once we’ve replied, please confirm that the following information is up to your standards as our client:

2.5.0 Notice of Defects

2.5.1 A warranty claim shall be subject to the provision that the buyer has given commercially reasonable written notice of the defects that have occurred within Eight (8) working days after delivery for apparent defects or Eight (8) days after detecting a latent defect of the product, by including a specific description of the nature of the defect. At request of the vendor, the buyer is obliged to send samples of the defective products at their costs. For products produced on the basis of drafts, or drawings or ideas of the buyer, the warranty of the vendor is limited to the fact that the product is designed and manufactured in accordance with the written agreed instructions or in accordance with the pattern released by the buyer. Warranty for the efficiency, operability and warranty of fitness of the products for the specified usage mentioned by the buyer is excluded.

2.5.2 Any dispute about quality, delivery or any complaint shall not entitle the buyer to suspend payment.

2.5.3 Returning defective goods – samples excluded – is not admitted without prior written approval of the vendor. In case goods are nevertheless returned, all resulting costs caused to the vendor are to be reimbursed.

2.6.0 Quality

2.6.1 International Sew-Right Safety Clothing warrants that on delivery the Goods will conform with the Specification in all material respects (including compliance with the third-party standards and accreditations, if any, specified therein (the Warranty and Liability)).

2.6.2 Subject to clause 2.6.3, if:

2.6.3 International Sew-Right Safety Clothing will not be liable for Goods’ failure to comply with the Product Warranty if:

2.6.4 If International Sew-Right Safety Clothing reasonably considers that any Goods returned in accordance with clause 5.2.3 is actually in accordance with the Product Warranty, or is otherwise not faulty, or that such Goods have been damaged or otherwise caused to be unworkable as a result of any action of the Customer and/or the end user of the Goods, then International Sew-Right Safety Clothing may at its sole discretion, return the same Goods, without further liability to the Customer.

2.6.5 These Conditions will apply to any repaired or replacement Goods supplied by International Sew-Right Safety Clothing.

2.6.6 Except as provided for in this clause 5, International Sew-Right Safety Clothing will have no liability to the Customer in respect of the Goods’ failure to comply with the Product Warranty.

2.7.0 Cancellation – termination of agreement

2.7.1 Delay in delivery, non-observance of a procedure or any cause beyond the vendor’s reasonable control, such as one attributable to a third party, which makes it impossible for the vendor to fulfill its contractual obligations, shall be deemed to justify neither a request for any sort of compensation, nor the cancellation or termination of all or part of an order by the buyer.

2.7.2 The vendor shall have the right to terminate the contract if the buyer is in:

However, termination of a contract shall not reduce the buyer’s debts to the vendor.

2.7.3 Termination of the Contract, however arising, will not affect any of the Parties’ rights and remedies that have accrued as at termination. Clauses which expressly or by implication survive termination of the Contract will continue in full force and effect.

2.7.4 If the buyer, for its own reasons, unilaterally cancels or terminates all or part of an order, he shall immediately pay to the vendor financial compensation equal to 25% of the canceled part of the order. Said compensation is intended to cover damages related to production capacity reserved for the order, the consequent loss of commercial opportunities and administrative costs, without affecting the vendor’s right to prove and claim further damages.

2.8.0 Prices and conditions of payment

2.8.1 We accept the following payment options: Check, Electronic Transfers, Cash or Credit (Visa, Mastercard). Please contact us if you have any questions in regards to payments.

2.8.2 Prices are always stated as net amounts, excluding taxes and other charge, for unpacked products placed at the buyer’s disposal on International Sew-Right Safety Clothing’s premises. All costs of packing, handling, shipping (surface, maritime or air), placing on board, insuring, etc. will be invoiced in addition. The buyer will pay for all rights, taxes and other official charges, as well as the duties and expenses for customs formalities for export and import of the products and, if necessary, transit abroad. The buyer will advance to the vendor whatever part of said costs, charges or expenses the vendor may be required to pay, so that the amount paid to and retained by the vendor is the price net of taxes.

2.8.3 The buyer is responsible for paying any increase in the cost of rights, taxes, levies and stamps occurring after placement of the order. Generally and notwithstanding anything to the contrary, the order price and/or the delivery period included in the order shall be adjusted as a result of an increase or decrease in costs and/or of extension or reduction of the time schedule, due to the execution of any new law or regulation or of any change in existing laws and regulations which occur after the bid due date or change in the interpretation of any applicable law or regulation of any governmental or other authority.

2.8.4 Prices are subject to adjustment by the vendor so as to take into account unforeseeable variations, e.g. in the costs of materials, energy and labor occurring between the date of the last offer and the contractual delivery date. The buyer hereby recognizes and acknowledges this fact, and that such price adjustments are valid without its prior agreement. International Sew-Right Safety Clothing will insofar as possible inform the buyer within a reasonable time, of its intentions to make price adjustments.

2.8.5 The price is exclusive of amounts in respect of value added tax (VAT). The Customer will, on receipt of a valid VAT invoice from International Sew-Right Safety Clothing, pay to International Sew-Right Safety Clothing such additional amounts in respect of VAT as are chargeable on the supply of the Goods

2.8.6 Payments have to be made according to the agreed payment conditions. Unless otherwise agreed, International Sew-Right Safety Clothing’s invoices are due to be paid on the date of invoice. Deductions or discounts require a special agreement. Payments are deemed to have been made at the time in which they are received in International Sew-Right Safety Clothing’s business account.

2.8.7 Complaints which have not been integrally closed are no cause for a delay in payment.

2.8.8 The vendor reserves the possibility of assigning its receivables to a collection or factoring agency.

2.8.9 Non-payment of a fraction of the price when due, or non-observation of any payment’s due date, shall trigger the vendor’s right to demand immediate payment of all sums then still due (bills of exchange included) and to retain installments held by the vendor as well as tools and other items, in the vendor’s custody, until full payment of all sums due.

2.8.10 As compensation for the prejudice suffered as a result of said late payment(s) the buyer will pay the vendor without delay a sum equal to 15% of the outstanding unpaid balance as well as interest of 12% (annual rate) to the entire outstanding unpaid balance, without necessity of a reminder.

2.8.11 Notwithstanding resort to the sanction provided for in the above clause, non-payment of an invoice when due whether partial or in full and for whatever reason, entitles the vendor to cease delivering products and/or to stop all work, without notice or other formality. Such a decision, a matter of entitlement attributable to the buyer, entails the right retroactively to cancel existing contracts, without affecting the vendor’s right to compensation, or possible damages together with interest.

2.8.12 In the event of default of payment by the Customer, International Sew-Right Safety Clothing will be entitled, without prejudice to any other right or remedy:

2.9.0 Packaging and Dispatch

2.9.1 The products are delivered with an agent chosen the day of delivery with the lowest costs and fastest shipping times unless otherwise agreed. Packing costs will be invoiced in addition. In cases of our aid for loading the buyer relieves the vendor from any responsibility of liability.

2.9.2 All risks of loss or damage to the products are assumed by the buyer from the moment they are placed at its disposal by the vendor at the agreed upon place of delivery and within the time stipulated in the order. From that moment on, the buyer will bear the risks of delay, loss or damage caused for example by any carrier, whether or not related transportation of the products has been arranged by the vendor.

2.9.3 Unless otherwise requested by the buyer, the vendor will select the means of transport considered most convenient and economically sound for dispatching the products on behalf of the buyer, without any kind of responsibility being incurred by the vendor as a result thereof.

2.10.0 Delivery

2.10.1 In the absence to the agreement to the contrary, the period of delivery begins at the latest of the following moments:

2.10.2 Delivery dates given in the order confirmation and/or written correspondence are estimated delivery dates and nonbinding unless otherwise confirmed in writing.

2.10.3 The delivery date is met when the products are declared to be ready for delivery. If and in so far, the goods fail to be dispatched at the agreed time for reasons not attributable to International Sew-Right Safety Clothing, the delivery time shall be considered to have been met at the day on which the goods are notified to be ready for dispatch.

2.10.4 Delivery dates may be extended by an appropriate period for any case beyond the vendor’s control making it impossible to meat performance deadlines. Examples are government intervention, riots, wars, natural disasters, shortages of energy or raw materials, strikes, lockouts, lack of means of transportation and so on. It is expressly agreed that no such force majeure event beyond either party’s control may relieve the buyer from its primary obligation to make timely payments to the vendor in accordance with the contract. International Sew-Right Safety Clothing shall inform the buyer without delay and ensure that any inconvenience for the buyer is kept to a minimum.

2.10.5 Partial deliveries are allowed.

2.10.6 Unless the Parties expressly agree otherwise, International Sew-Right Safety Clothing may deliver the Goods in separate instalments. Each separate instalment will be invoiced and paid for in accordance with the provisions of the Contract. Any failure by International Sew-Right Safety Clothing to deliver, or any claim by the Customer in respect of, any one or more of the instalments in accordance with these Conditions will not entitle the Customer to treat the Contract as a whole as repudiated.

2.10.7 International Sew-Right Safety Clothing will have the Goods delivered to the location set out in the Sales Order Confirmation, or such other location as the Parties may agree in writing (Delivery Location). Delivery of the Goods will be completed on the Goods’ arrival at the Delivery Location.

2.10.8 If for any reason the Customer fails to take delivery of any of the Goods on arrival at the Delivery Location, or International Sew-Right Safety Clothing is otherwise unable to deliver the Goods because the Customer has not provided appropriate instructions, documents, licences or authorisations:

2.10.9 International Sew-Right Safety Clothing reserves the right, at its sole option, to cancel or withhold the delivery of any Goods, (in whole or in part):

2.10.10 On delivery of the Goods the Customer should immediately check the Goods against the delivery note. International Sew-Right Safety Clothing can accept no liability for damage, destruction, breakages or shortage, unless notice is given by the Customer to International Sew-Right Safety Clothing within twenty-four (24) hours of delivery.

2.10.11 Any liability of International Sew-Right Safety Clothing for non-delivery of the Goods will be limited, at International Sew-Right Safety Clothing sole option, to:

2.11.0 Comments, Concerns, Issues and Suggestions

2.11.1 We welcome your comments, concerns, issues and suggestions. It is in our mutual interest to evaluate applications, discuss product utilization and to compare experience amongst clients. We will work with you to provide the most suitable product for your particular application(s). In retrospect we are here to design and manufacture items to suit your needs.

PRIVACY POLICY

3.0.0 Reservation of ownership

3.0.1 The vendor reserves the right of ownership of the products supplied, until full discharge of all financial obligations including interest and costs by the buyer. The buyer may only process or resell the products subject to reservation of ownership, upon prior written approval of the vendor. By processing or mixing with other products, the vendor gains shared ownership of the resultant product in proportion of the monetary value of the commingled product.

3.1.0 Protected rights

3.1.1 Where work pieces are manufactured according to the ideas, proposals, models, drawings or samples of the buyer, the buyer gives a guarantee that no protected rights of third parties are infringed. In any legal proceedings in connection with claims for compensation of infringement of patent rights, trademark rights, protection of designs, trade secrets or proceedings protected by copyright, the buyer will release the vendor from all claims of third parties and resulting costs and will participate in legal proceedings if the vendor asks him to do so.

3.1.2 Irrespective of the existence of legal protection rights and without limitation, all ideas, inventions, designs and samples, software, information, data, works protected by copyright, patents, design right, trademarks, copy rights and trade secrets and all know how or other intellectual property, made by the vendor, and all techniques applied by the vendor to manufacture and design of the products, preliminary to or upon processing of an order shall always remain sole intellectual property of the vendor and may not be transmitted to, or otherwise shared with, third parties without the vendor’s prior written consent. Delivery of products shall not be deemed to convey to the buyer any license to the vendor’s intellectual property rights. The buyer commits itself to taking all measures needed to prevent infringement whether directly or by third parties, of the vendor’s intellectual property rights.

3.1.3 All data contained in the certificates of control and conformity, delivered separately, are provided exclusively to establish the conformity of the delivered products. Any result of statistical analysis, whoever may be its author, based upon said data, remains the vendor’s property and may not be transmitted to a third party.

3.2.0 Confidentiality

3.2.1 Each Party will, and will procure that their employees, agents, representatives and sub-contractors will, keep secret and not disclose any Confidential Information in relation to the other Party obtained by reason of the Contract.

3.2.2 The obligations under clause above, will not apply to the extent that the Confidential Information (based on documentary evidence):

3.2.3 We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

3.3.0 Product Liability

3.3.1 Claims by the buyer or third parties under the heading “product liability” in accordance with the product liability law, are excluded, unless those entitled to compensation prove that the fault was caused within our sphere of responsibility, and that is at least caused by serious negligence or intent.

3.3.2 Any product specifications, including any related plans and drawings, which are submitted by the Customer, in association with an Order or otherwise, will be considered by International Sew-Right Safety Clothing, but will not form part of the Contract until such time as the Parties have agreed the content in writing, whereupon it will become the Specification, and it will be deemed to form part of the Contract.

3.3.3 Notwithstanding the above clause, International Sew-Right Safety Clothing reserves the right to amend the Specification if required by any applicable statutory or regulatory requirements.

3.3.4 To the extent that the Goods are to be manufactured in accordance with a specification supplied by the Customer, the Customer will indemnify, keep indemnified and hold harmless International Sew-Right Safety Clothing against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by International Sew-Right Safety Clothing in connection with any claim made against International Sew-Right Safety Clothing for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with International Sew-Right Safety Clothing’s use of the Specification.

3.3.5 International Sew-Right Safety Clothing will ensure that each delivery of the Goods is accompanied by:

3.4.0 Warranty and Liability

3.4.1 The warranty period shall in all cases be restricted to 2 months after delivery.

3.4.2 If components are used, the buyer is obliged in cases when defects of the components appear at first to approach the producer of these components. We herewith assign our warranty claims concerning these components to the buyer. When a defect of the component appears, the buyer has to inform the vendor immediately. The vendor will forward to the buyer the name and the address of the producer of the said component.

3.4.3 Excluded from all guarantees are defects or damages resulting from storage or use of products by the buyer or its customers under conditions either anomalous or not in conformity with accepted norms.

3.4.4 For any claim raised and accepted, the vendor will either reduce the price, or replace the defective products or return the purchase price, whichever is preferable to the vendor. The vendor is only liable subject to mandatory law, currently for act of gross negligence and intent. Other claims of whatever nature under whatever title, in particular claims for compensation of indirect damage or consequential damages, lost profit or several losses, which arise by the buyer or a third party are expressly excluded. In cases the vendor is claimed by third parties, the buyer will hold the vendor harmless against these claims.

3.5.0 Limitation of liability Exclusions

3.5.1 Nothing in these Conditions will limit or exclude either Party’s liability for:

3.5.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

3.5.3 International Sew-Right Safety Clothing will under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any claim, damage, loss or costs in respect of (whether direct or indirect):

3.5.4 International Sew-Right Safety Clothing’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, will in no circumstances exceed the price of the Goods under the Contract.

3.5.5 International Sew-Right Safety Clothing will not be liable for, and the Customer will indemnify, keep indemnified and hold International Sew-Right Safety Clothing harmless against, any and all actions, awards, proceedings or claims, complaints, costs, expenses (including legal expenses and disbursements), penalties, damage or loss arising by reason of the sale and/or use of the Goods after the Customer becomes aware of any defect or after circumstances have occurred which should reasonably have indicated to the Customer the existence of a defect.

3.5.6 The information on the web-site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

3.6.0 Copyright Notice

3.6.1 Copyright and other relevant intellectual property rights exist on all text relating to the Company's services and the full content of this website.

3.7.0 Preparatory work, Lithographic and/or Other Prints, Tools

3.7.1 Any preparatory work, such as sketches, drafts, estimations of costs, originals, samples, etc. prepared by the vendor will be invoiced separately if not followed by orders. Such preparatory work as well as brochures, catalogues, presentations or the like remains the exclusive property of the vendor. Any use in particular transmission, copying, publication and provision inclusive copying in extract require the vendor’s prior approval in writing.

3.7.2 Final drawings, lithographic and/or other prints, clichés, impression cylinders, punching, injection and special tools etc. shall remain property of the vendor, shall remain in its possession and kept for repeat orders for 2 years, even after full payment has been received. Should no repeat order be received within a period of 2 years, the vendor is free to dispose of the items at its own discretion.

3.8.0 Links to this website

3.8.1 You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

3.9.0 Title and Risk

3.9.1 The risk in the Goods will pass to the Customer upon delivery, in accordance with clause (Delivery).

3.9.2 Title to the Goods will not pass to the Customer until International Sew-Right Safety Clothing has received payment in full, in cash or cleared funds, of all sums due to it in respect of the Goods and all sums otherwise due or becoming due to International Sew-Right Safety Clothing from the Customer. International Sew-Right Safety Clothing will be entitled to recover payment for the Goods notwithstanding that ownership of the Goods has not passed from International Sew-Right Safety Clothing.

3.9.3 Until title to the Goods has passed to the Customer, the Customer will:

But the Customer may resell or use the Goods in the ordinary course of its business, provided that: (i) any sale will be affected in the ordinary course of the Customer’s business at full market value; and (ii) any such sale will be a sale of International Sew-Right Safety Clothing’s property on the Customer’s own behalf, and the Customer will deal as principal when making such a sale.

3.9.4 If before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in clause (Termination 2nd Bullet Points), or International Sew-Right Safety Clothing 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 International Sew-Right Safety Clothing may have, International Sew-Right Safety Clothing 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.

GENERAL

4.0.0 Force Majeure

4.0.1 International Sew-Right Safety Clothing reserves the right to defer the date of delivery and/or to cancel any Contract, and will not be liable for any failure to meet its obligations under any Contract, if it is prevented from or delayed in the carrying on of its business due to a Force Majeure Event. For these purposes, a Force Majeure Event means any event beyond International Sew-Right Safety Cloth’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.

4.1.0 Remedies

4.1.1 Each right or remedy of International Sew-Right Safety Clothing under the Contract is without prejudice to any other right or remedy of International Sew-Right Safety Clothing, whether under the Contract or not.

4.2.0 Notices

4.2.1 Any notice or other communication given to a Party under or in connection with the Contract will 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, and will be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or e-mail.

4.2.2 A notice or other communication will be deemed to have been received: if delivered personally, when left at the address referred to in the above clause; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.

4.2.3 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

4.3.0 Severance

4.3.1 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it will 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 will be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause will not affect the validity and enforceability of the rest of the Contract.

4.4.0 Waiver

4.4.1 No failure or delay by International Sew-Right Safety Clothing to exercise any right or remedy provided under the Contract or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy will prevent or restrict the further exercise of that or any other right or remedy.

4.5.0 Third Party Rights

4.5.1 Except as otherwise provided in these Conditions or the Contract, a person who is not a Party will have no rights pursuant to enforce any term of these Conditions or the Contract.

4.6.0 Variation

4.6.1 Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, will be effective unless it is in writing and signed by a director of International Sew-Right Safety Clothing.

4.7.0 Applicable Governing Law and Jurisdiction

4.7.1 Any litigation relating to privacy, sale and/or delivery by the vendor, or other execution of an order, including warranty claims and/or plurality of defendants, is within the exclusive jurisdiction of the courts.

4.7.2 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), will be governed by, and construed in accordance with the law of Ontario and Canada. Each Party irrevocably agrees that the courts of Canada and Ontario will 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).

4.8.0 Legal succession and assignment

4.8.1 International Sew-Right Safety Clothing 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. The Customer may not assign, transfer, mortgage, charge, subcontract, or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of International Sew-Right Safety Clothing.

4.8.2 Orders are binding for the legal successor of the buyer or the vendor. The rights and obligations as determined in the contract and the TERMS AND CONDITIONS may not be assigned by either party without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. The above will not apply in case of assignment to the legal successor(s) of either party. Such an assignment will be valid upon the notification of other party in writing.

4.9.0 Conclusion of the Contract, Offers

4.9.1 Offers are only binding when they are submitted in writing and when they are explicit specified as binding.

4.9.2 The conclusion of a contract becomes effective upon our written confirmation of an order or upon otherwise expressly confirmed in writing.

4.9.3 No variation or purposed variation of a term of this or any contract shall bind LAMPE unless first agreed in writing.

4.9.4 For the purpose of these GENERAL TERMS AND CONDITIONS OF SALES AND DELIVERY, “in writing” includes all communication between vendor and buyer by means of e-mail, telefax or website contact form.

4.9.5 The delivery certificate and/or the final invoice are valid as order confirmation.

4.9.6 Illustrations, drawings, specifications of dimensions and weight, which form the basis of the offer or order confirmation, shall as a rule only be seen as approximate values, insofar as they are not exclusively designated to be binding.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

GLOSSARY