Please read this carefully. By
accessing the United Kingdom Hydrographic Office (UKHO)
Website ('the Site') you are agreeing to the Terms that
appear below. If you have any questions, email: intellectualproperty@ukho.gov.uk.
These Terms were last updated 07 February 2008.
Use Of The Site
This Site is owned and operated
by the UKHO. The material on the Site (the 'Content') is
protected by Crown Copyright unless otherwise indicated.
However, you may retrieve and display content from the Site
on a computer screen, print individual pages on paper (but
not photocopy them) and store such pages in electronic form
on disk (but not on any server or other storage device connected
to a network).
Except as expressly set out above, you may not reproduce,
modify or in any way commercially exploit any of the Content.
In particular, but without limiting the general application
of the restrictions contained in the preceding sentence,
you may not do any of the following without prior written
permission from the UKHO:
- redistribute
any of the Content;
- remove
the Copyright or Trade Mark notice from any copies of
the Content made under these Terms;
- create
a database in electronic or structured manual form by
systematically downloading and storing all or any of the
Content.
Further information on Copyright can
be found within the 'Services' section of this Site.
Limitation of Liability and Disclaimer
Any arrangements made between
you and any third party named on this Site are at your sole
risk and responsibility. The Site is provided on an 'as
is', 'as available' basis and the UKHO does not guarantee
the accuracy, timeliness, completeness, performance or fitness
for a particular purpose of the Site or any content. All
implied warranties are excluded from these Terms to the
extent to which they may be excluded as a matter of law.
Additionally:
- The UKHO will not be liable for any losses, costs, claims
or damages (including without limitation, damages for
loss of profits) arising in contract, tort (including
negligence and breach of statutory authority) or otherwise
from your access to, or use, or inability to use the Site
or any Content or from any action taken (or refrained
from being taken) as a result of using the Site or any
Content.
- This
Site contains links to other World Wide Web sites, either
directly or through frames and, where possible, we will
make clear where such links are being made. Those sites
are provided by independent third parties and the UKHO
is not responsible for their availability or content.
Privacy Policy
The UKHO has a firm commitment to
maintaining the security and confidentiality of personal
information collected on the Site. It is registered under
the Data Protection Act 1998.
Forms on the Site may require users to give some personal
information, such as contact information. This information
is used to contact the user when necessary, for example,
if the user is interested in a job opportunity. Where personal
information has been given in an EasyTide or Admiralty Shop Registration Form,
this may be used to provide information on new products
and services, except where a user has indicated otherwise.
In any case, personal information will not be passed to
a third party. Users may, on request, view the information
we hold about them and request that we update, correct or
delete it.
When registering your personal details with us on www.AdmiraltyLeisure.co.uk/registration.asp, you will be eligable for the rolling quarterly free prize draw of £200 worth of Admiralty Products. The available products for both prize draws which will constitute 'the prize' will be limited to those available through the AdmiraltyShop website.
Restricted Access Areas
Certain areas of the Site are only
open to you if you have been provided with a relevant password.
The UKHO reserves the right to suspend or terminate your
access and use of the Site at any time.
Changes To These Terms
The UKHO reserves the right, at
its discretion, to make changes to any part of the Site,
including these Terms. You are responsible for regularly
reviewing information posted online to obtain timely notice
of such changes. Your continued use of this Site after changes
are posted constitutes your acceptance of the revised Terms.
Choice of Law and Jurisdiction
These Terms shall be governed
by, and construed in accordance with, English Law, and subject
to the exclusive jurisdiction of the English Courts.
Trade Marks
The Trade Marks, service marks
and logos (the 'Trade Marks') used and displayed on this
Site are registered and unregistered Trade Marks of the
UKHO and others. Nothing on this Site should be construed
as granting, by implication, estoppel, or otherwise, any
licence or right to use any Trade Mark displayed on this
Site without written permission from the UKHO. The Trade
Marks of the UKHO, including its name, may not be used in
any way, including in advertising or publicity pertaining
to materials displayed on this Site without prior written
permission.
General
You may not assign, sub-license
or otherwise transfer any of your rights under these Terms.
If any provision of these Terms is found to be invalid by
any court having competent jurisdiction, the invalidity
of that provision will not affect the validity of the remaining
provisions of these Terms, which shall remain in full force
and effect. Failure by either party to exercise any
right or remedy under these Terms does not constitute a
waiver of that right or remedy.
TERMS OF CONTRACT
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This Contract is made between the Secretary of State for Defence of the United Kingdom of Great Britain and Northern Ireland, acting by the United Kingdom Hydrographic Office, (the UKHO) and You (together the Parties) and regulates Your use of www.admiraltyshop.co.uk, the UKHO's web-based consumer purchase facility (the Web-shop). This Contract comes into effect in accordance with clause 18 below.
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2
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At www.ukho.gov.uk/corp/termsconditions.asp the UKHO website Terms and Conditions form a contract for your use of this website and You are advised to read them.
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3
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Terms and conditions specific to transactions entered into at www.admiraltyshop.co.uk are set out in the following sections.
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SUPPLY OF GOODS
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The UKHO will supply goods ordered by You using the Web-shop in consideration for the payment You make.
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5
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You may order Standard Navigational Charts from the Web-shop. Such charts are those produced by the UKHO for the purpose of marine navigation by professional mariners. A list of Standard Navigational Charts can be viewed in the webshop
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6
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The UKHO gives no warranty that goods other than fully up-to-date Standard Navigational Charts are suitable for use as navigational aids by professional mariners such as pilots or the operators, masters or crews of vessels engaged in commercial activities or work boats of any type.
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7
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The UKHO will use reasonable endeavours to ensure that goods that can be used as aids to navigation other than Standard Navigational Charts are suitable for use by You if Your use of them is confined to use for leisure purposes and, in the case of such goods that are capable of being kept up-to-date, You keep them fully up-to-date.
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8
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Goods that can be used as aids to navigation but are not capable of being kept up-to-date will carry notices as to their intended use. Use of such goods otherwise than as intended will be entirely at the user's own risk.
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9
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If You buy a product from www.admiraltyshop.co.uk then You are advised to check for update information relevant to the product purchased using the following links:
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10
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You recognise that from time to time technical difficulties may prevent the UKHO from providing the Web-shop facility. In such circumstances, and where it is possible for it to do so, the UKHO will use reasonable endeavours to re-establish service as soon as possible. The UKHO accepts no liability for any loss, damage, inconvenience or loss of amenity caused by any inability to provide the facility, whether or not provision of the facility is capable of re-establishment by the UKHO.
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PRODUCT INFORMATION, AVAILABILITY AND SUBSTITUTE GOODS
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You warrant your understanding that any drawings, brochures, descriptive matter, information, price lists and advertisements published on this website are intended only to give a general idea of the goods in question and shall not form part of this Contract.
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12
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The supply of goods to You is subject to availability. The UKHO reserves the right to withdraw any product or service from sale at any time without notice.
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13
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The UKHO shall be entitled to amend or vary the specification or design of any goods ordered by You prior to supplying them to You where, in the reasonable opinion of the UKHO, such amendment or variation does not effect the suitability of the goods for the purpose for which they are supplied.
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PRICES AND QUOTATIONS
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The www.admiraltyshop.co.uk shows net prices. The UKHO shall ensure that the value of Your order (including VAT where applicable) is given during checkout and is shown on Your invoice.
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15
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The UKHO reserves the right to amend any price stated on this website or elsewhere at any time without notice.
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PLACING YOUR ORDER AND PAYMENT
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You can only place orders for goods offered for sale at the Web-shop through this website. The UKHO will not take such orders by telephone, fax or email.
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17
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Your order is an offer to buy goods from the UKHO and is subject to acceptance by the UKHO.
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18
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You agree that Your payment for the goods will be handled by the UKHO's appointed payment service provider, CyberSource. Before Your order can be completed Your payment card details will be checked by CyberSource. If CyberSource are satisfied with the details it receives it will notify the UKHO that payment is authorised and Your order will be placed. The UKHO will provide You with an order number whilst You are still on-line and will send an email to You confirming the order. This Contract is formed when that email is sent to You.
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19
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The price of each item delivered will be deducted from your account on the date of despatch of the item.
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20
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The price of delivery of goods will be deducted from Your account on the date of despatch of the goods. In the event that delivery of goods the subject of a single order is made in instalments the price of delivery will be deducted from Your account on the date of despatch of the first instalment of goods, and no further delivery charges in relation to that single order shall be payable by You.
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DELIVERY
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Goods ordered by You shall be delivered by the UKHO to You at your home address. Your payment card must be registered at the delivery address.
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22
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The UKHO shall ensure that at the time of despatch any standard navigational chart ordered is the current edition of that product and is corrected up-to-date for Notices to Mariners.
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23
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All orders shall be subject to a delivery charge payable by You in addition to the prices of goods. You may select one of the options for delivery, set out the delivery section in our FAQ's, for each order that You make.
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24
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Whilst the UKHO will use reasonable endeavours to meet any delivery dates specified, the date of delivery shall not be of the essence of of this Contract and the UKHO shall not be liable to You for any loss or damage suffered by You as a result of any delay in delivery.
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25
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From time to time, it may be necessary for the UKHO to deliver goods the subject of a single order in instalments. In that event it is possible that funds in Your account will no longer be available for payment for items requiring delivery in second and subsequent instalments. You warrant Your understanding that in such circumstances the UKHO will suspend second and subsequent delivery instalments until such time as cleared funds are available in Your account to pay for them.
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26
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The UKHO will not consider any claims for non-delivery unless You notify the UKHO in writing of such claim within fourteen days of the date this Contract comes into effect and any failure by You to give such written notice shall be deemed to be a waiver of any right You may have had to make such claim
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RETURNS AND REFUNDS
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Subject to clause 29 below, if You order goods from the UKHO in Your capacity as a consumer and Your order is concluded without You and the UKHO meeting face to face, then (subject to the exceptions set out below) You shall be entitled to cancel Your order if You have changed Your mind at any time within fourteen days of this Contract coming into effect by notfying the UKHO in writing of that fact.
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28
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In order to exercise Your right to cancel You must return the goods in question to the UKHO at Your own expense within seven days of cancelling Your order. You will be liable for any damage to the goods during the period that they are in Your custody or control or in transit. Goods returned in accordance with this clause must be undamaged, unused and in their original packaging. The UKHO shall be entitled to decline to accept Your cancellation should You fail to comply with these requirements or otherwise return goods to the UKHO which are not in a re-saleable condition.
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29
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Your right to cancel shall not apply to goods that the UKHO has produced to a specification provided by You.
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30
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You warrant Your understanding that the UKHO will not exchange goods in any circumstances save in accordance with the Damaged Goods provisions set out below, and that if You require goods in substitution for those You have ordered You must exercise Your right to cancel in relation to the unwanted goods and place a new order for other goods.
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DAMAGED GOODS
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Should any goods You receive as a result of this Contract be damaged You shall be entitled to a refund in full of the price (including delivery cost) or to a replacement.
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32
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If You require a refund or replacement You shall within fourteen days of the date this Contract comes into effect return the damaged goods to the UKHO and notify it in writing that you require a refund or replacement.
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33
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In making a refund the UKHO shall arrange for a payment to be made to the account from which You paid the price of the goods.
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34
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In replacing goods the UKHO shall send undamaged goods to the address to which the damaged goods were sent unless instructed otherwise by You.
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35
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You shall be entitled to return damaged goods at no cost to You by:
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35.1
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requesting pre-paid labels from the UKHO HelpDesk, which will enable you to send damaged goods to the UKHO from any address in the United Kingdom; or
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35.2
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if outside of the United Kingdom and returning damaged goods delivered to an address outside of the United Kingdom, sending with the damaged goods a receipt for the cost of postage incurred in returning them, which the UKHO shall refund to you in accordance with clause 33 above.
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UNSOLICITED EMAILS
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If You do not log on to the Web-shop for 12 months the UKHO reserves the right to email You to ask You to update Your details.
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RISK AND TITLE
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Section 20(2) of the Sale of Goods Act 1979 shall not apply.
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38
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Subject to clause 39 below risk of damage to or loss of any goods ordered by You shall pass to You upon delivery.
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39
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If You unreasonably fail to take delivery of any goods, risk in those goods will pass to You at the time that the UKHO first attempted to deliver them.
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40
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Legal and equitable title to any goods ordered by You shall pass to You upon their despatch by the UKHO.
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INTELLECTUAL PROPERTY RIGHTS
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You warrant Your understanding that any chart and product previews posted to www.admiraltyshop.co.uk are are protected by intellectual property rights of the Crown or its licensors and You agree that You shall not copy or reproduce them in any way.
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INDEMNITY
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You agree to fully indemnify, defend and hold the UKHO harmless immediately on demand from and against all claims, liability, damages, losses, costs and expenses including reasonable legal fees and/or settlement sums reasonably and properly suffered, incurred or paid by the UKHO arising out of any:
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42.1
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breach of these Terms and Conditions by You or any other person accessing this website using Your password and/or Your personal details;
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42.2
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claim by a third party that Your use of this website is defamatory, abusive or offensive, is of an obscene or pornographic nature, is illegal or constitutes a breach of any applicable law, regulation or code of practice;
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42.3
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claim by a third party that Your use of this website infringes that party's intellectual property rights of whatever nature; or
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42.4
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penalties imposed by any regulatory authority in connection with Your use of this website.
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NOTICES
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Notices required to be given pursuant to this Contract may be served by any means capable of delivering written documents in durable form (including by email). Service of any notice to the UKHO by non-electronic means should be addressed to the UKHO HelpDesk at Admiralty Way, Taunton, TA1 2DN, United Kingdom. The UKHO may serve notices to You at any address provided by You at the time of placing an order.
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44
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Notices shall be deemed to be served:
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44.1
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on delivery when delivered personally;
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44.2
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on the date of transmission when transmitted by email and the sender receives no notice of any malfunction in delivery;
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44.3
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at the time of delivery stated on a printout confirming successful transmission by facsimile;
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44.4
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two (2) days after mailing if sent by mail in and to an address in the United Kingdom, provided the postage is properly paid and such notice is correctly addressed; or
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44.5
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one (1) week after mailing if sent by mail in the United Kingdom to an address in any other territory (or vice versa), provided the postage is properly paid and such notice is correctly addressed; but |
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provided in each case that where sevice is effected or deemed to be effected on the UKHO outside of its normal business hours service shall be deemed to be effected at the start of business on the next weekday not being a public holiday in England and Wales.
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TERMINATION
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Without prejudice to any rights or remedies which may have accrued to the UKHO or to You the UKHO shall be entitled to terminate this Contract:
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45.1
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by written notice in the event that You breach any of the provisions of this Contract and, in the case of a breach which is capable of remedy, You fail to remedy the breach in question within 28 days of a written request from the UKHO to do so - the UKHO shall not be liable for the delivery of any goods to You during such 28 day period; or
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45.2
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immediately in the event that You make any voluntary arrangement with Your creditors, become bankrupt, become subject to an administration order or go into liquidation (unless it for the purposes of a bona fide amalgamation or reconstruction) or an encumbrancer takes possession or a receiver is appointed of any of Your property or assets or the UKHO has reasonable grounds to believe that any of the foregoing occurrences is likely to occur to You.
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MISCELLANEOUS PROVISIONS
Rights of third parties
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Save for the provisions at clause 41 above no right is granted to any person who is not a party to this Contract in their own right and the Parties agree that neither of them has any intention to grant any such rights.
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Severability
47
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If any part, term or provision of this Contract is held to be illegal or unenforceable the validity or enforceability of the remainder of this Contract shall not be affected and shall remain in full force and effect.
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Entire agreement
48
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This Contract represents the entire agreement between the Parties upon the matters referred to herein and, save for any fraudulent misrepresentation made by one of the Parties to the other, no representations, warranties, inducements or promises made by one Party to the other and no other arrangements whether oral or otherwise not embodied herein shall add to or vary this Contract or be of any effect, save for any amendment to this Contract mutually agreed in writing by the Parties.
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No waiver
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No waiver of any term or condition of this Contract shall be effective unless made in writing and signed by the Party against which enforcement of the waiver is sought.
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50
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The waiver of any remedy arising from breach of any provision of this Contract shall not be construed as a waiver of any subsequent breach of any other such provision.
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LAW AND JURISDICTION
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This Contract shall be governed by and construed in accordance with English Law and subject to the exclusive jurisdiction of the English Courts.
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