These Terms of Business set out the Terms and Conditions of your use of the Greystones Consulting web site located at www.greystonesconsulting.co.uk (" website" ) and the purchase and use of documents bought from Greystones Consulting direct or via the website.
The references in these Terms of Business to " documents" means any document or documents supplied to you by Greystones Consulting.
Flather and Company Limited, trading as:
Greystones HR Consulting and The Employment Document Company
Terms and Conditions of Sale and Supply
1.1. Flather and Company Limited, trading as Greystones HR Consulting and The Employment Document Company contracts for the sale and supply of its products and services only on these terms and conditions of sale and supply. No variation or alteration to any term or condition in these terms and conditions will be permitted without the written agreement of the Managing Director of Flather and Company Limited.
1.2. These terms and conditions apply to all contracts for the sale of goods and services by Flather and Company Limited and override any contrary, different or additional terms and conditions including any terms or conditions contained in or referred to in any order form, purchase order, purchase order confirmation or any other document or correspondence from the purchaser of the goods and services.
1.3. Flather and Company Limited reserves the right to alter and amend these Terms and Conditions of Sale, the prices of its products and services, delivery terms, website content, and its products and services at any time and in any way it chooses without notice.
1.4. By purchasing products and services from Flather and Company, the purchaser accepts that any such purchase is under these Terms and Conditions of Sale and Supply.
Means Flather and Company Limited.
Means Flather and Company Limited trading as Greystones HR Consulting and The Employment Document Company.
Means the person or body corporate who places an order for the goods sold by the seller and which is acceptable to the seller.
Means the items, whether a material item or a service provided to the buyer by the seller, that the seller provides in accordance with this agreement. For the avoidance of doubt, provision of a service may include any or all of a short term project, a long term project, training, research, advice, personnel or pay consulting or support or any related matters. Such service provision may variously be referred to in this agreement as consultancy, support, advice, work, services and similar terms, as are appropriate to the meaning in the relevant clause.
Means these Terms and Conditions of Sale, as set out in this document and any special terms and conditions agreed in writing by the Managing Director of Flather and Company Limited.
Means the day on which the goods are to be delivered to the buyer or collected by the buyer.
Means the contract for the purchase and sale of the goods.
Means the price for goods excluding carriage, packing, insurance and Value Added Tax.
The headings and definitions in these conditions are for assistance and convenience only and form no part of this agreement or these conditions and shall not affect their interpretation.
3. Formation of Agreement
3.1. Any order sent by the buyer shall be accepted entirely at the discretion of the seller and shall only be accepted upon these conditions.
3.2. No order which has been accepted by the seller may be cancelled by the buyer except with the agreement in writing of the authorised representative of the seller and in terms that the buyer shall indemnify the seller in full against all loss (including loss of profits), costs, damages, charges and other expenses incurred by the seller as a result of the cancellation.
3.3. The seller does not sell goods on a “sale or return” basis. When a buyer places an order they are deemed to have satisfied themselves that the goods are fit for the purpose that the buyer requires, which the seller may not necessarily know. The seller will always attempt to provide the best information to the buyer to enable the buyer to select the product or service that will best suit their purpose but the buyer ultimately buys the goods based on their own judgement, for which the seller can take no responsibility.
4.1. Any specification, sample, description, representation (whether made orally or otherwise) or any correspondence, statement, promotional or sale literature is given for general information only and shall not form part of this contract or be binding upon the seller unless agreed in writing by the seller.
5. Price and Payment
5.1. The price of the goods shall be at the seller’s quoted price. The buyer is invited to buy on the basis of the price current and agreed at the time of purchase.
5.2. The seller reserves the right to increase or reduce the price of goods at any time without notice and subject to clause 5.3 below, the price to be paid by the buyer is the price that the buyer has agreed with the seller at the time of purchase.
5.3. The seller reserves the right to increase the price of the goods at any time to reflect any increase in costs to the seller due to any factor beyond the control of the seller (including though not limited to any increase in costs of labour, materials or other costs of the business) or due to any changes in delivery dates, quantities or specification of the goods which is requested by the buyer or any delay caused by any instruction of the buyer or the failure of the buyer to give the seller adequate information or instruction.
5.4. The seller agrees to pay for the goods within the agreed period or 30 days, whichever is the shorter period, except in the case of a consulting commissioning invoice, as detailed in the Consulting Section of these conditions below, in which case payment is due on presentation.
5.5. All payments shall be in sterling drawn on a UK Bank.
5.6. If any element of the seller’s invoice is queried, that part of the invoice which has not been queried is to be paid in any event.
5.7. If the buyer fails to make the required payment on the due date, then without prejudice to any other right or remedy available to the seller, the seller shall be entitled to:
5.7.1. Cancel the contract or suspend any further delivery of goods or services to the buyer.
5.7.2. Appropriate any payment made by the buyer to such of the goods (or the goods supplied under any contract between the buyer and seller) as the seller may think fit (notwithstanding any purported appropriation by the buyer).
5.7.3. Charge to the buyer interest (both before and after any judgement) under the terms of the Late Payment of Commercial Debts (Interest) Act 1998 or otherwise on the amount unpaid at a rate of 6% per annum above the base bank rate charged by HSBC bank from time to time, until payment in full is made (a part month being treated as a full month for the purposes of calculating interest).
5.7.4. The buyer shall not be entitled to set off any claim against the purchase price of the goods.
5.8. Where the buyer submits a payment which fails to clear into the seller’s bank account, the seller shall be entitled to charge the buyer a minimum of £20 to cover the cost of bank charges and administration costs.
6. Acceptance of Goods
6.1. Where the buyer has specified goods which are material goods and are to be delivered, the buyer shall be deemed to have accepted the goods 24 hours after delivery. Claims in respect of damage to goods, wrong delivery or defects shall be made immediately and in any event within 7 days from the date of delivery and in writing.
7. Warranties and Liabilities
7.1. Subject to the conditions set out below, the seller warrants that the goods will correspond to the specification of the goods as agreed with the buyer, which may refer to relevant selling literature, relevant web pages or Terms of Reference or as agreed between an authorised representative of the buyer and seller at the time of purchase and will be free from defects in material and workmanship at the time of delivery.
7.2. The above warranty is given by the seller subject to the following conditions:
7.2.1. The seller shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by the buyer.
7.2.2. The seller shall be under no liability in respect of any defect in the goods arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the seller’s instructions (whether oral or in writing), misuse or alteration or repair of the goods without the seller’s approval.
7.2.3. The seller will advise the buyer in good faith and will use reasonable endeavours, skill and care to provide advice and information that is relevant and appropriate to the specific needs of the buyer. However the buyer agrees that any advice given by the seller is guidance given to the buyer to assist the buyer in the carrying out of its own business and as such, the buyer is at liberty to decide whether to accept or reject any such advice and does so at the buyer’s entire risk. The seller, therefore, shall not be held liable in contract, or otherwise, for any direct, indirect or consequential loss whatsoever, (including, but not limited to loss of profits) arising from or caused by or in connection with any advice or guidance given to the buyer by the seller.
7.3. The seller will maintain professional indemnity insurance which provides cover of not less than £2 million.
7.4. The buyer agrees to bring any claims against the seller within 12 months of when the buyer first had (or ought reasonably to have had) the knowledge for bringing any claim against the seller.
7.5. The seller will always attempt to respond to the needs of the buyer within the time scales that the buyer requires, but the seller cannot guarantee that this will always be the case, nor that the service will be free from interruption.
7.6. Nothing in this agreement will exclude or limit liability for death or personal injury resulting from the seller’s negligence or fraudulent misrepresentation, nor affects the buyer’s statutory rights.
8. Force Majeure
8.1. The seller shall not be liable to the buyer or deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of the seller’s obligations in relation to the goods, if the delay or failure was due to a cause beyond the seller’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond the seller’s reasonable control:
8.1.1. Act of God, explosion, flood, tempest, fire or accident;
8.1.2. War or threat of war, sabotage, insurrection or civil disturbance;
8.1.3. Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government parliamentary or local authority;
8.1.4. Import or export regulations or embargo;
8.1.5. Strikes, lockouts or other industrial action or trade disputes (whether involving employees of the seller or any third party);
8.1.6. Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
8.1.7. Power failure or breakdown of machinery;
8.1.8. Failure on the part of the buyer to supply goods or services by the required date;
8.1.9. Failure of the Internet, email or other electronic communication systems.
9. Risk and Damage
9.1. The risk of damage to or loss of the goods shall pass to the buyer:
9.1.1. In the case of goods to be delivered to the seller’s premises, at the time when the seller notified the buyer that the goods are available for collection;
9.1.2. In the case of goods to be delivered other than at the seller’s premises at the time of delivery.
9.2. Notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions, the property and the goods shall not pass to the buyer until the seller has received cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the seller to the buyer for which payment is then due.
9.3. Until such time as the property in the goods passes to the buyer, the buyer shall hold the goods as the seller’s fiduciary agent and bailee and shall keep the goods separate from those of the buyer and third parties and properly stored, protected and insured and identified as the seller’s property.
9.4. Until such time as the property in the goods passes to the buyer the seller shall be entitled as any time to require the buyer to deliver up the goods to the seller and if the buyer fails to do so forthwith, to enter upon any premises of the buyer or any third party where the goods are held and repossess the goods.
9.5. The buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods that remain the property of the seller, but if the buyer does so, all monies owing to the buyer to the seller shall (without prejudice to any other right or remedy by the seller) forthwith become due and payable.
10. Intellectual Property Rights
10.1. Intellectual Property Rights in original work shall remain the property of the original Rights holder.
10.2. Save where expressly identified, the seller owns the intellectual property rights in all goods supplied by the seller to the buyer.
10.3. The seller grants to the buyer a non-exclusive licence to use the intellectual property supplied under this agreement in the buyer’s business only for any specified period.
10.4. The buyer shall be permitted to adapt and copy any such intellectual property for use in his own business only and otherwise the buyer shall not be permitted to distribute, copy, transfer ownership, rent, publish, re-sell or lease any such intellectual property whether for gain or not.
10.5. The buyer shall not be permitted to amend or remove any copyright or intellectual property right statement from the goods.
11. Confidential Information
11.1. The seller and the seller’s consultants will not disclose to third parties without the consent of the buyer, either during the provision of goods, or thereafter, any confidential information resulting from any contact that the buyer has had with the seller unless the information is already in the public domain, provided that the information has not been placed maliciously in the public domain by the seller or the seller’s consultants.
11.2. The seller shall have the right to use general intelligence regarding the buyer’s products or services gained during the term of the contract.
12. Insolvency of buyer
12.1. This clause applies if:
12.1.1. The buyer makes a voluntary arrangement with his creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
12.1.2. An encumbrancer takes possession or a receiver is appointed of any of the property or assets of the buyer; or
12.1.3. The buyer ceases or threatens to cease to carry on business; or
12.1.4. The seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the buyer and notifies the buyer accordingly.
12.2. If this clause applies, then, without prejudice to any other right or remedy available to the seller, the seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the buyer and if the goods have been delivered but not paid for, the price shall immediately become due and payable notwithstanding any previous agreement or arrangement to the contrary.
12.3. If this clause applies the seller by his employees or agents shall be entitled to enter on or into any land, buildings, vehicles where the goods or part of them are situated to retake possession of the same (and the buyer shall for such purposes notify the seller of the whereabouts of the goods).
12.4. If this clause applies, then the buyer shall notify the seller immediately.
13. Terms and Conditions for Consulting and Support Assignments
13.1. The terms and conditions in this clause apply where the seller provides advisory and consulting assignments undertaken by seller, and together with any proposal to which they are attached, form the entire contract between the seller and the buyer.
13.2. In order to protect the interest of buyers, all members of the seller’s staff and consultants work under an agreement which specifically forbids the unauthorised disclosure of confidential information.
13.3. For clarity, the goods that the seller will provide to the buyer when providing consulting advice may be a discrete project or assignment or a longer term support service and are referred to as “assignment”, “project” and “consultancy” and “work” in these conditions.
13.4. It is a condition of the assignment that for a period of twelve months after completion of any assignment, the buyer will not offer or permit the employment of, or hire as an independent consultant, any of the seller’s consultants concerned in the assignment. The seller’s consultants are also under an agreement not to seek work from or accept employment with buyers. If, at the buyer’s request, this clause is waived by the seller, then a sum equivalent to 60% of the consultant’s first year’s pay, whether in the form of salary as an employee of the buyer, or fees as a consultant working for the buyer, will immediately become payable to seller by the buyer.
13.5. The time to complete consultancy work, whether project based or on-going support, and the measure of its success depends to a degree on factors outside the seller’s control. The seller’s consultants are limited, therefore, to giving an estimate of the time required and the results obtainable, based on the information made available by the buyer. Any such estimates, and any confirmation or variation of them in subsequent correspondence or reports, although given in all good faith, shall not be deemed to be undertakings, warranties or contractual conditions.
13.6. The seller’s, or other proprietary data, computer programs and systems (other than those disclosed to the buyer) are not to be published or circulated outside the buyer’s organisation without prior written approval of seller. The seller does not make any warranty either as to the fitness for purpose or merchantability, and does not make any other warranty whatsoever concerning any software or the seller’s job evaluation system. The seller shall not be held liable in contract, or otherwise, for any direct, indirect or consequential loss (including, but not limited to loss of profits), however arising from or caused by or in connection with any software or the seller’s job evaluation system including but not limited to analysis resulting as a consequence of any defects, errors or failure in any of them.
13.7. The fees relating to the work to be undertaken are as detailed in the proposal submitted or as agreed with buyer at the time of agreement to proceed with the work. Where a proposal is submitted the fees detailed within it will remain valid for three months from the date of submission of the proposal. The fees cover the time spent on work for the buyer, whether carried out at the buyer’s premises or elsewhere.
13.8. Time spent on the assignment includes meetings with the buyer, meetings with others associated with the assignment, travelling, waiting, researching, considering, preparing and working on papers, making file notes, writing to the buyer and others, telephone calls, preparing, sending and reading emails. Whenever the seller is undertaking work for the buyer, should circumstances arise which could not reasonably have been foreseen at the time of the proposal, or where the scope, nature, intent or requirement of the work to be undertaken changes, either by the passage of events or at the request of the buyer, the fee may be amended by agreement with the buyer in respect of the agreed change in work content.
13.9. In addition to fees, the seller may charge the buyer reasonable expenses and disbursements when undertaking work. Wherever possible any such out-of-pocket expenses and disbursements will be agreed with the buyer prior to expenditure but the buyer accepts that this may not always be possible and that under these circumstances, the buyer agrees to pay the seller’s reasonable expenses and disbursements, provided that the seller informs the buyer of such expenses or disbursements as soon as possible after expenditure has been necessary.
13.10. On occasions a commissioning fee is due at the commencement of the assignment; this is balanced out with the final invoice. Commissioning fees are due on presentation. The seller reserves the right to delay commencement of a project or assignment if a commissioning invoice is not paid by the due date.
13.11. Where the work is a continuing project, progress payment invoices will be submitted on a monthly basis against logged consultant time.
13.12. For HR support work, payment for all work will be in advance by credit/debit card payment unless prior agreement has been reached with the seller.
13.13. The seller reserves the right to suspend or terminate work on any assignment or project where the buyer has not paid the required and agreed fee by the required time. This condition applies to any invoice, whether a commissioning, monthly progress or final invoice.
13.14. Where it is agreed that payment will be by monthly invoice, all invoices are due for payment within 30 days of the date of the invoice. All fees are subject to the addition of Value Added Tax at the prevailing rate at the time of invoicing.
13.15. The buyer is expected to provide appropriate office accommodation, together with reasonable office facilities and assistance for the consultants together with all information which the consultants may reasonably require for the effective completion of the assignment.
13.16. For time-based assignments, the seller requires no long-term contract with the buyer, either party being free to terminate work by one month’s notice in writing. Such notice shall not be given without full prior consultation between the parties concerning the reasons for such termination. In the event of termination prior to the completion of an assignment, the seller will submit invoices for work undertaken to the point of termination and the buyer agrees to pay such invoices in accordance with these Conditions.
13.17. The seller’s fees are based on the buyer’s staff being available in accordance with the schedules and time scales agreed with the buyer at the commencement of, and as required, during the work undertaken. Should the buyer’s staff not be available on time and on schedule, then the seller may at its sole discretion, advise the buyer verbally and in writing that the agreed fees will apply even if the seller’s consultant is only able to perform part of his/her duties because the buyer has not made the necessary arrangements to ensure the availability of its staff.
13.18. In the event of the seller’s consultant not being available to perform his/her scheduled duties, due to ill health, accident or other unforeseen circumstances, if it is possible, any agreed work will be rescheduled. If this is not possible the seller will arrange to supply a suitably experienced consultant to undertake the scheduled tasks.
14. Terms and Conditions for the sale of Employment Documents either directly, through the medium of the Internet, or via Seller website.
This clause sets out the terms and conditions of the sale and buyer’s use of the seller’s website located at www.employmentdocumentcompany.co.uk
(“the website”) and the purchase and use of documents bought from the seller whether through the seller’s website, another website or direct.
14.2. The use by the buyer of the website and any documents supplied by the seller constitutes the buyer’s agreement and acceptance to the terms and conditions and disclaimers within these conditions. The buyer is not entitled to modify these conditions in any way and no modification will be accepted by the seller. If the buyer does not accept these conditions the buyer should not use any of the documents nor should the buyer use any of the information contained within them, nor should the buyer use anything supplied by the seller and the buyer should leave the website immediately and return, at the buyer’s own expense, any information and documents supplied to the buyer by the seller.
14.3. The use of any documents supplied by the seller and/or the website does not under any circumstances constitute legal advice. The seller is not a firm of lawyers and nothing in the seller’s provision of information to the buyer in any way establishes a lawyer/client or advisor/client relationship. It is for the buyer to decide how to use any information or documents provided by the seller and to decide whether it is appropriate to be used in the buyer’s particular circumstances. The seller will have no liability to the buyer whether the buyer chooses to use any information provided by the seller or not. The documents and information on the website have not been created to cover every circumstance and, therefore, it is imperative that the buyer seeks legal advice in all circumstances.
14.4. All of the documents supplied are in a standard format, some may have been personalised to the buyer’s organisation, others require the buyer to personalise them for their own purposes and to suit the buyer’s own circumstances. Employment law is in constant change and, whilst every care has been taken to ensure accuracy in the content of the documents or the website, the information contained on the website and in the documents may, over time, become out of date.
14.5. Under no circumstances will the seller will have any liability to the buyer whatsoever for any amendments that the buyer chooses to make to any of the documents provided to the buyer.
14.6. The documents provided by the seller and made available direct or through the Internet are intended for business-to-business sales. As such they fall outside the Consumer Protection (Distance Selling) Regulations 2000 and these regulations do not apply to any of the seller’s products. If the buyer is a consumer buying the seller’s documents which the buyer intends to use in their business, the buyer is not entitled to the protection of the Consumer Protection (Distance Selling) Regulations 2000. If the buyer is a business or a consumer buying documents from the seller that have in anyway been personalised for the buyer, Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000 excludes any right to a refund.
14.7. Delivery will be within 5 working days of receipt of order or sooner. The seller reserves the right to change the contents and/or price and/or delivery charges of any product or service at any time without prior notification. The prices of the seller’s products are subject to VAT at the applicable rate. The seller takes great care to make sure that the price that is quoted on its website(s) or in its publicity literature is correct. If there is an error in the price published on its website or in its publicity literature it reserves the right to cancel the order or contact the buyer to request extra payment, or refund an overpayment. The buyer has the right to cancel the order in these circumstances, in which case the buyer will receive a full refund. Title in all documents remains with the seller until full payment has been received. Prices of products include the cost of postage and packing in the United Kingdom, unless otherwise stated. Products will not be sent overseas. Buyers purchasing documents from outside the United Kingdom will be sent an e-mail version of the documents. The seller is not responsible for delivery problems outside its control.
14.8. If the buyer receives a faulty product, the buyer must contact the Company in case it is possible to resolve the problem. If the buyer needs to return a product for a replacement, the seller will send the buyer a replacement when the seller has received the faulty product, undamaged.
14.9. When a buyer has downloaded a product or it has been emailed to the buyer, there is no right for the buyer to cancel a purchase or to receive a refund. If the buyer has not opened a product sent to them, the seller may, at its absolute discretion decide to refund the order, subject to the following conditions:
14.9.1. If the buyer wishes to return an unopened product and request a refund, the buyer must contact the seller within 7 working days of receipt of the goods and discuss the matter and the method of return with the seller’s sales department at the contact details in these conditions.
14.9.2. The product must be returned to the seller’s trading address within 14 working days of the receipt of the goods by the buyer. It is the buyer’s responsibility to ensure that the product reaches the seller’s address. The seller accepts no responsibility for returned products that do not reach the seller’s trading address or that are lost or stolen.
14.9.3. Any returned product must be properly packed so that it returns in an undamaged state.
14.9.4. Any returned product must have full postage paid by the buyer. If a product is returned with insufficient postage payment, the excess postage paid by the seller will be deducted from any refund.
14.9.5. Refunds will not be made for any opened, incomplete or damaged goods returned to the seller.
14.10. If the buyer has a complaint about a product bought from the Seller via the Internet, the buyer should contact the seller at the address and details in these conditions. The seller aims to respond to complaints as soon as possible and normally within 5 working days.
14.11. The order form supplied on the website, or to the buyer by another means, is designed to provide the seller with the information needed to create the documents the buyer requires. The buyer should make sure that any information that is supplied to the seller is correct before sending the order form, either electronically or by another means, and proceeding to payment. The seller can not accept responsibility or offer any refund to the buyer if incorrect information is provided by the buyer.
14.12. Copyright in the seller’s documents belongs to the seller. Subject to the limitations below, the buyer may use the documents supplied within the buyer’s own organisation as many times as the buyer may wish, subject to these conditions
14.12.1. The buyer may not provide any document that the buyer has bought from the seller for re-sale, or re-publish any document to any other person or organisation, whether free or for a charge.
14.12.2. Where the buyer is part of a Group, the buyer may not distribute, copy or use any of the documents in any other part of the Group.
14.12.3. The buyer may not transfer ownership of any of the documents to any other organisation whether to enable the other organisation to breach this copyright clause or otherwise.
14.12.4. The buyer may not rent or lease any document to anyone else.
14.12.5. The buyer must not remove or in any way alter the copyright notice on any document.
14.13. The seller has taken great care in preparing the documents that it has provided to the buyer to avoid any errors and the seller is sorry if any have happened. However, the seller cannot accept liability should any error or omission occur.
14.14. The information and documents supplied to the seller, whether directly or via the website or Internet, are provided on an “as is” basis. There is no warranty of any kind, whether expressed or implied, including but not limited to implied warranties of fitness for purpose, merchantability and accuracy.
14.15. Whether or not the buyer chooses to use or rely on any of the documents provided by seller, the buyer agrees that the seller, its employees, officers or directors are not liable for any loss or damage of any kind, direct, indirect or consequential (including, but not limited to loss of profits), however arising, even if the seller has been advised of the possibility of such damage.
14.16. The seller does not guarantee the accuracy, content or timeliness of the website or other documents and services.
14.17. All CDs and software provided to the buyer are checked for viruses prior to dispatch, but the seller is under no liability whatsoever for any damage which may be caused to any computer or any related hardware or software by any viruses or other contaminating or destructive items that may be within the control of seller or not.
14.18. The buyer agrees that, if for any reason, the seller is held to be liable for any damages, other than for those of death and personal injury, the total liability of seller will be limited to the cost of the document or documents ordered, plus an additional amount of £50.
14.19. The above exclusions and disclaimers do not apply in relation to death or personal injury caused through the negligence of the seller.
14.20. Time is not of the essence for the delivery of goods and services from the seller, and seller’s liability for incorrect delivery, or failure to deliver, is limited to the replacement of goods.
15.1. The buyer and seller agree that any dispute arising under or in connection with these conditions or the sale of goods shall, in the first instance attempt to be settled by genuine discussion between the buyer and seller in person.
15.2. In the absence of an agreement to settle any such dispute under the above sub-clause, the buyer and seller will use their best efforts to settle the dispute by mediation by referring the matter to an agreed mediator or in the absence of such choice a mediator recommended by Centre for Effective Dispute Resolution, International Dispute Resolution Centre.
15.3. The buyer and seller agree that they will only resort to the courts after every effort has been made to reach a settlement to a dispute through the above two sub-clauses.
16. Contracts (Rights of Third Parties) Act 1999
16.1. It is not intended by the seller nor buyer that any term which may be construed as conferring a benefit on any person who is not a party to this agreement should be enforceable by such party.
17.1. Any notice required or permitted to be given by the buyer or seller to the other shall be in writing addressed to the other party at its registered office or last known address.
17.2. Any notice shall be deemed to have been served on the other party on the second day after posting first class and at the time of transmission when by fax or email.
18.1. If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
19.1. No waiver by the seller of any breach of contract by the buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
20. Governing Law
20.1. This contract is governed by the laws of England and Wales and the buyer agrees to submit to the jurisdiction of the English Courts.
Contact Details for Greystones HR Consulting
The contact details for Greystones HR Consulting are as follows:
Greystones HR Consulting
Unit 1, Part B, Whitebridge Estates
Greystones HR Consulting is a trading division of Flather & Company Limited,
The registered address is
10 Oakleigh Court
This address and contact details must be used for the service of any documents.
VAT No 845 1167 31.
Company Number: 5153403
Last updated: 12 December 2012