Terms & Conditions of Sales and Trading
7 YEAR WARRANTY STATEMENT
You have purchased your new Sirocco appliance that has been made to the highest standards. When properly maintained and used the appliance will perform perfectly for many years, and is warranted for 12 months from date of purchase for parts and labour as covered by the terms and conditions of warranty, verification may be required of the defect by a Sirocco engineer, or a Sirocco appointed engineer, provided that such parts have been subjected to normal conditions of use. In addition, there is a further 6 year parts only warranty available at no extra cost; this is limited to the repair or replacement of parts found to be defective. To qualify please ensure the appliance is serviced every year as required by law and that a service kit is used which is available direct from Sirocco and that you have a valid gs safety certificate issued by a Gas Safe registered installer
Registration of guarantee and
Sirocco Sp. zo. o has a commitment to “quality as regards customer care and service” and therefore it is important that you and your installer complete your warranty form completely and correctly and return it to us within 28 days of date of purchase. Alternatively, you can complete the form on line at www.siroccofires.com and follow the link on the home page headed “guarantee registration”. In addition, a gas safety certificate must be issued by the installer and you are required by law to register the appliance within 30 working days with the local authority building control and you will find this information to assist you in the same location as the guarantee registration. This guarantee applies to gas fires only, electrical appliances are not included.
By registering you will assist us in identifying the correct parts you may require in the future, or ensuring that the correct parts are given to an engineer for a service visit and in the event, we may need to contact you if there is a need to make safety changes etc to the appliance. Please ensure you provide this to us within 28 days stated and include the Gas Safe notification number or your warranty will not be valid.
It is essential that your Sirocco appliance is serviced, by a suitably qualified Gas Safe engineer or a Sirocco authorised appointed engineer to carry this out at least within each twelve-month period as required by law, and to qualify for your free extended warranty. It should be noted that that each appliance has different requirements for parts to be replaced at a service and you should consult and purchase the service packs form the sirocco website relevant to each model and service interval as part of the conditions of your extended warranty
If you need to contact Sirocco for a Warranty service or to purchase spare parts the contact details and procedure are printed on the back page of your installation/user guide
What else should I know?
The following is an extract from the full terms and conditions for warranty which are located in your instruction/user guide and on the Sirocco website.
The following are not covered by warranty: paint work in the fire chamber, fire fronts, and decorative trims, crazing of ceramic components, and marks or clouding on glass, batteries / Battery Leakage, electronic or electric/mechanical components such as remote controls. The warranty is only valid if registered within 28 days of purchase providing all the information stated (proof of purchase will be required and a gas safety certificate must be issued by the engineer on installation and with every service) registration with the local authority via Gas Safe is mandatory and is only for a UK domestic installation, provided the appliance has been installed in accordance to the installation instructions and in compliance with current regulations in a correctly functioning flue. Validation of your installation will be required prior to warranty service/repair; there will be a fee for this. No other validation will be accepted by Sirocco. Accidental damage or improper use is not covered by warranty. This guarantee is non-transferable and is made to the original owner provided that the purchase was made through an approved Sirocco Fires stockist
This guarantee is none transferable and is made to the original owner, provided that the purchase was made through a company appointed stockist
Any installation, labour, transportation or other related costs/expenses arising from defective parts repair replacement or otherwise of same will not be covered by this guarantee nor shall the company assume responsibility for same. Furthermore, the company will not be responsible for any incidental, indirect or consequential damages except as provided by law. All other guarantees – expressed or implied – with respect to the product, it’s components and accessories or any obligations or liabilities on the part of Sirocco Fires are hereby expressly excluded. Sirocco Fires neither assumes nor authorises any third party to assume on its behalf, any other liabilities with respect to the sale of this Sirocco Fire appliance.
The appliance must be installed by a competent person in accordance with the Gas Safety (Installation and Use) Regulations 1998.
A Gas Safety Registered installer must be used for this purpose.
This appliance must be installed in accordance with the rules in force and only used in a sufficiently ventilated space.
After a new gas appliance (excluding flueless cookers) has been fitted, the Building Regulations in England and Wales require that the installation must be notified to your Local Authority. Your Gas Safe registered engineer needs to do this, failure to register the appliance may affect your warranty.
It is the LAW that all gas appliances and fittings are installed by a competent person such as a Gas Safe Registered fitter and in accordance with the Gas Safety (Installation and Use) Regulations 1998, the relevant British Standards for Installation, Codes of Practice and in accordance with the manufacturers’ Instructions.
This appliance must be installed in accordance with the rules in force and used only in a sufficiently ventilated space.
In these Terms and Conditions the following words shall have attributed to them the meanings specified
1.1 ‘Goods’ shall mean all goods and services which the Customer agrees to buy from Lodestar Delta
1.2 ‘Sirocco’ shall mean Lodestar Delta Sp. Zo.o whose principal place of business and registered office is at Nad Lasem 8, Zelechow, 36-321 Zabia Wola, Poland. Registered Regon # 015820705
1.3 ‘Contract’ shall mean the Contract between Lodestar Delta and the Customer for the sale of Goods by Lodestar Delta to the Customer
1.4 ‘Customer’ shall mean the person, company or any other body that purchases or agrees to purchase Goods whether a Consumer, Trade Customer or Credit Customer
1.5 ‘Catalogue’ shall mean any published promotional material produced by Sirocco
1.6 ‘Consumer’ shall have the same meaning as attributed by The Consumer Protection (Distance Selling) regulations 2000 or any statutory modification thereof
1.7 ‘Trade Customer’ shall mean a Customer who buys Goods for the purpose of a business and not as a Consumer
1.8 Wholesale customer shall mean a customer that buys goods for the purpose of resealing to another business.
1.9 ‘Credit Customer’ shall mean a Trade Customer to whom Lodestar Delta allows credit in respect of Goods purchased or agreed to be purchases
1.10 ‘Working Days’ shall mean Monday to Friday inclusive but exclusive of Bank Holidays
1.11 ‘Customer’s Registered Address’ shall mean the address of the Customer that is already registered with Lodestar Delta or the address registered with the issuing company of any debit or credit card which is used as a means of payment for Goods.
1.12 These terms and conditions of sale must be read in conjunction with our warranty statement and terms of warranty relating to appliances and for part of our terms and conditions of trading
2.1 All orders for Goods are accepted by Lodestar Delta subject to these terms and conditions of sale which supersede any other terms and conditions previously published. These constitute the entire understanding between Lodestar Delta and the Customer for the sale of Goods
2.2 All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are intended as guidance only and illustrations and descriptions my vary.
Lodestar Delta will use its best endeavours to ensure that all descriptions and advice offered are correct, but it is the customers own responsibility to ensure that the requirements and expectations and use of the product in the way intended by the Customer are relevant to the information then offered by Lodestar Delta on Lodestar Delta products
2.3 Any Catalogue published by Lodestar Delta is an invitation to treat and not an offer to supply
2.4 Any advice or recommendation given by Lodestar Delta or its employees or agents to the Customer dealing as a Trade Customer as to the storage application or use of the Goods is followed or acted upon entirely at the Trade Customers own risk.
3.1 All prices for the Goods are in the currency stated and subject to Value Added Tax (“VAT”) at the relevant rate ruling on the date of despatch and do not include the cost of carriage, packaging or other charges which becomes payable under any contract with Sirocco
3.2 Whilst every endeavour will be made to maintain the prices in the catalogue Lodestar Delta reserves the right to alter prices at any time
3.3 Any change in price will be communicated to the customer at the time of order
4.0 Orders (placing, returns and cancelling)
4.1 Where possible orders should be made using Lodestar Delta order codes and a Customer number
4.2 Written confirmation is not required for a telephone order, but if the Customer sends written confirmation such confirmation must be marked ‘Confirmation Only’ so as to avoid liability for a duplicated delivery. Any resulting duplication of delivery shall be the responsibility of the Customer
4.3 Trade customer orders submitted by fax or post should use one of Sirocco’s official order forms, for which subject to condition 6 hereof there may be an additional mail order handing charge.
4.4 Lodestar Delta reserves the right to deliver part orders, or hold orders until all items are available, as required. Credit cards are charged when orders for goods are processed or collected from Lodestar Delta the only exception being when Lodestar Delta has been requested to build goods to special order.
4.5 If the Customer is buying as a Consumer the Goods may be returned with 7 working days of delivery for a refund there will be a min 20% charge for restocking any special order item will not be accepted for return or refund and sale of these items are final and not refundable. To cancel an order, the Customer must contact Lodestar Delta prior to the goods being despatched or if the product is being specifically made for the customer it must be prior to manufacturing commencing for this product. In all cases the invoice number relevant to the goods being returned must be quoted. Lodestar Delta will refund in full to the Customer the invoice value of the Goods. The Customer shall be liable for the postage costs to return the Goods to Sirocco, no refund will be issued until the goods have been received and they are in condition fit for resale The Customer must take reasonable care of the Goods and return them in the original packaging and suitably protected to ensure safe delivery to Sirocco. The paragraph shall not apply to 16.1 of these terms and conditions
4.6 When dealing as a Trade Customer authorisation for the return of goods must be obtained from the Customer Service Department by telephone. In the event of the Trade Customer cancelling part of an order Lodestar Delta reserves the right to charge the Trade Customer for any difference in the selling price applicable to the quantity despatched up to the time of cancellation and the total price of the original order.
4.7 When dealing with a wholesale customer orders will be acknowledged by Sirocco, the customer will have 7 days to cancel, after this period the order will be final and cancellation will not be accepted.
4.8 Lodestar Delta reserves the right to decline to trade with any person or organisation in addition, and notwithstanding any other provisions of these conditions of sale. Lodestar Delta may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by email, facsimile or telephone within 24 hours (excluding weekends and public holidays) of receipt by Lodestar Delta of an order. In the event that Lodestar Delta declines to accept an order in respect of which payment has been received, the full amount of such payment will be returned.
5.0 Credit Account Orders
5.1 Telephone orders to be charged to a Credit Account held by a Trade Customer with Lodestar Delta will only be accepted with an official purchase order
5.2 Trade Customers wishing to purchase Goods on account at Lodestar Delta will be required to provide a written purchase order containing the Lodestar Delta trade account number. This procedure is also required when a ‘call to collect’ product reservation is made
5.3 Such reserved products most be collected with 5 working days from the notification of goods arriving, failing to do Lodestar Delta will charge the Customer a restocking fee
6.0 Delivery and posting and Packing charge
Delivery is chargeable unless stated by Lodestar Delta at the time of order.
7.1 Payment shall be made by the Customer for all monies owed to Lodestar Delta in respect of orders placed for Goods
7.2 Payment shall be made at the time that the order is placed. Payment may be made by, and is acceptable by, cash, cheque or major credit and debit cards (Switch, MasterCard, Visa) Cheques
7.3 Credit terms are available to Trade Customers and wholesalers on request and subject to status, satisfactory references and acceptable trading history with Sirocco. Payment is due by the 30th day from date of invoice, unless different terms are agreed by Lodestar Delta in writing. Time is of the essence for payment. If the Credit Customer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to Sirocco, Lodestar Delta shall be entitled to
i) Cancel the order and suspend further deliveries of Goods
ii) Appropriate any payments made by the Customer to such of the Goods (or Goods supplied under any other order) as Lodestar Delta may think fit
iii) Charge an administration fee for any legal or other collection processes required to recover all monies due
iv) Charge interest on the unpaid amount form the due date in accordance with the Late Payment of Commercial Debts (Interest) Act 1998
8.0 Ownership and Risk
8.1 The risk of damage to or loss of Goods ordered from Lodestar Delta will pass to the Customer when the goods are delivered
8.2 Conditions 8.3, 8.4, 8.5 and 8.6 shall not apply to any Consumer
8.3 Until property in the Goods passes to the Customer, the Customer shall hold the Goods and each of them on a fiduciary basis as ballee to Sirocco. The Customer shall store the Goods (at no cost to Sirocco) separately from all other Goods in its possession and marked in such a way that they are clearly identified at Lodestar Delta property. Notwithstanding that the Goods (or any part of them) remain the property of Lodestar Delta the Customer may sell or use the Goods in the ordinary course of the Customer’s business at full market value for the account of Sirocco. Any such sale or dealing shall be a sales or use of Lodestar Delta property by the Customer on the Customer’s own behalf and the Customer shall deal as principal when making such sales or dealings. Until property of the Goods passes from Lodestar Delta the entire proceeds of sale or otherwise of the Goods shall be held in trust for Lodestar Delta and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as Lodestar Delta money. Lodestar Delta shall be entitled to recover the price of the Goods (including VAT and all other monies due to Lodestar Delta from the Customer) notwithstanding that property in any of the Goods has not passed from Sirocco
8.4 Until such time as the property in the Goods passes from Sirocco, the Customer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to Sirocco. If the Customer fails to return Goods, Lodestar Delta may apply to enter any premises owned occupied or controlled by the Customer where the Goods are situated and repossess the goods. On the making of such request to deliver up the rights of the Customer contained in the preceding Condition shall cease
8.5 The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods that are the property of Sirocco. Without prejudice to the other rights of Sirocco, if the Customer does so all sums whatever owing by the Customer shall forthwith become due and payable
8.6 The customer shall insure and keep insured the Goods to the full value against ‘all risks’ to the reasonable satisfaction of Lodestar Delta until the date that property in the Goods passes from Lodestar Delta and shall, whenever, requested by Sirocco, produce a copy of the policy of insurance and evidence of payment of premium. Without prejudice to the other rights of Sirocco, if the Customer fails to pay any sums whatever owing by the Customer on the due date, all sums due to Lodestar Delta shall forthwith become due and payable
9.1 Delivery is indicated on acknowledgment of order an exact date cannot be given as to when goods will be received only despatched.
9.2 Delivery will normally only be made to wholesale or trade Customer’s registered address unless notified to Lodestar Delta in writing beforehand
10.0 First Class Post
Orders less than 3 kg will be despatched where reasonably practicable by first class post.
11.0 Courier Delivery
11.1 Parcel Courier Service - All items over 3 kg will be despatched by Lodestar Delta by courier.
12.0 Guaranteed Next Day Delivery
Weekdays before 10.30 am and Saturday 12.00 noon
Lodestar Delta offers a guaranteed delivery service for vital consignments. All orders for guaranteed deliveries will be subject to extra charges. Details of the charges are available from Lodestar Delta prior to the placing of any order and will be informed if this service is available for the items ordered.
13.1 Carriage will be charged on orders involving Export at the appropriate rate prevailing at the date of despatch
13.2 The Customer is responsible at their own expense to obtain any import or export license or any other documentation deemed necessary by any compliant authority
14.0 Transit Delays and Non – Delivery
14.1 The Customer must inspect the Goods as soon as reasonably practicable after delivery and shall within 5 days of such delivery or receipt give notice to the Customer Service Department of Lodestar Delta of any damage or defect in the Goods in writing.
14.2 Queries regarding shortages of Goods must be made within 5 days of delivery date and must be accompanied by the despatch note. Queries regarding Goods invoiced but not delivered must be made to the Customer Service Department of Lodestar Delta within 5 days of invoice date the invoice number must be quoted
14.3 If the Customer fails to give such notice, the Goods shall be conclusively presumed to be in all respects in accordance with the Contract and free from any damage or defect which would be apparent on reasonable examination, and the Customer shall be deemed to have accepted the Goods accordingly
14.4 SHOULD THE CUSTOMER DECIDE TO ACCEPT A DELIVERY TO THEM IN A DAMAGED CONDITION THEY MUST ENDORSE THE CARRIERS DELIVERY DOCUMENTATION
14.5 Lodestar Delta shall not be liable to compensate the Customer by way of damages or otherwise for non-delivery or late delivery of the Goods or any of them or for any loss consequential or otherwise arising from non-delivery or late delivery
15.0 Order Cancellations
15.1 In the event of cancellation of part of an order by the Customer Lodestar Delta reserves the right to invoice for any difference in selling price applicable to the quantity despatched up to the time of cancellation plus a restocking charge. Orders where goods have been specifically ordered for Customer requirements (schedule and non-stock items) cannot be cancelled
16.0 Warranty and Returns
16.1 Lodestar Delta offers a 14 day money back policy. To return a product the Customer should
- Return the product to Sirocco
- Follow the returns instructions on the delivery paperwork or
- Email Lodestar Delta here or
- Telephone Customer Service on 0048 22 425 8681or
- Write to Lodestar Delta at the address in Condition 1.2
A Returns Number will be issued and this must be clearly identified on a returns label or the external packaging, and internal documentation when the Goods are returned, no markings should be made on the product or product packaging. The internal documentation should include proof of purchase, the returned product must be complete and in ‘as new’ condition with original packaging. Certain product categories, by their nature are exempt from the 14 day return policy; these would include for example consumables.
Lodestar Delta will not accept the return of Goods under the 14 day policy any Goods that have had a manufacturers or suppliers warranty or registration invoked. Lodestar Delta will deem such registration by the customer as acceptance of the Goods.
Lodestar Delta must receive all returns within 14 days of the Returns Number being issued and any Goods received after that period will be dealt with on an individual basis.
The Customer must take all reasonable care to ensure that all returned items be suitably packaged, and that the Goods are protected when being returned. The Customer must provide to Lodestar Delta proof of despatch to Sirocco.
In the event of Goods being returned without a previously allocated Return Number the processing of any claim by the Customer is likely to be delayed.
16.2 Any defects in the Goods which under proper use appear within a period of twelve months (or as may be otherwise previously stated by Sirocco) after delivery and which are due to faulty materials, workmanship or design will be made good by Lodestar Delta either by repair or. At the sole discretion of Sirocco, Where Goods are returned to Lodestar Delta after the expiry of the 14 day money back period but within a reasonable period Lodestar Delta reserves the right to levy a handling charge. A charge of 20% of the invoice value of the Goods returned with a minimum charge of £10 will be levied on Goods which are not defective. The Customer must bear all the costs of returning any Goods to Lodestar Delta and provide proof of delivery
16.3 All warranties and conditions which are capable of being excluded by statute or otherwise are excluded from any contract provided that nothing in the contract shall effect the statutory rights of the Consumer or liability for death or personal injury caused by the negligence of Sirocco.
16.4 The warranty period is twelve months from the date of purchase (unless otherwise stated) if goods are replaced within this warranty period, the warranty will continue from the original date of purchase unless specifically agreed otherwise by Lodestar Delta in writing
16.5 Conditions 16.1 to 16.7 inclusive do not affect the statutory rights of a Consumer under the Consumer Protection (Distance Selling) Regulations 2000 or any statutory modification thereof
17.0 General Descriptive Matter
17.1 Whilst every endeavour is made to ensure accuracy, all specifications, illustrations or other details contained the broachers or any price list or advertising material or otherwise communicated to the Customer are intended merely to present general information of the Goods. Descriptions and illustrations may very
17.2 If the description of any Goods which are not directly manufactured by Lodestar Delta contained in any correspondence, invoice or the current Catalogue varies from that of the manufacturer’s description, the manufacturer’s description will be deemed to be the correct description and shall take precedence over the description assigned by Sirocco. The updated and complete manufacturer’s description is available from Lodestar Delta on request before any order is placed
17.3 In the event of any material change to any description of goods since the date of publication of the last catalogue by Sirocco, Lodestar Delta will advise the customer of the revised description prior to any order being accepted by Sirocco
17.4 Lodestar Delta reserves the right without prior notice to discontinue any Goods or to make design changes as part of a continuous programme of improvement or to assist availability
18.0 Product Performance
The responsibility for ensuring that Goods are sufficient and suitable for the Customer’s requirements rests with the Customer save insofar as Lodestar Delta have specifically advised the Customer that the Goods are sufficient and suitable for the Customer’s purpose.
19.0 Country of Origin
Goods listed in any Lodestar Delta Catalogue may originate from a Non-EU source. Any published information by Lodestar Delta as to the country of origin of Goods is an indicator only of the source of supply to Lodestar Delta and does not constitute a warranty or representation
20.0 Copyrights, Patents, Intellectual Property & information
20.1 Goods referred to in any Lodestar Delta Catalogue, correspondence or invoice may be subject to a patent trade mark, registered design, copyright, topography right or other right of third party. Lodestar Delta owns full copyright in respect of any Catalogue whether published in paper or electronic form. The reproduction storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without the prior written consent of Sirocco. Notwithstanding any other term of these conditions of sale, title in any of the Goods purchased is retained by Lodestar Delta and will not pass the Customer.
20.2 Where any designs or specifications have been supplied by the Customer to manufacture of Goods by Lodestar Delta the Customer warrants that the use of such designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party and the Customer shall indemnify Lodestar Delta against all costs claims and demands of whatsoever nature arising out of the use of such designs or specifications
21.0 Data Protection
21.1 By placing an order with Lodestar Delta the Customer agrees to data relating to the transaction being retained and processed by Lodestar Delta in accordance with the Data Protection Act 1998 or any statutory modification thereof. The data so retained will be used by Lodestar Delta for the purpose of accounting and marketing and will not be disclosed to any third party without the previous consent in writing of the Customer
22.2 Lodestar Delta may send to the Customer details of other Goods and services offered by Lodestar Delta that Lodestar Delta may consider to be of interest to the Customer. If the Customer does not wish to receive details of these offers then they should contact Lodestar Delta either in writing or facsimile or by telephone as at the details shown at the top of this document requesting that data is removed from the marketing database
Lodestar Delta subscribes to the data protection principles as laid down by the information Commissioner and all data is held securely
The Customer may, by writing to the Customer Service Department at Sirocco, request that all data relating to him, her or it should be deleted from its records. Customers may also, in accordance with the provisions of the Data Protection Act 1998, obtain copies of such data that is held in respect of them by Sirocco
For Trade Customers Lodestar Delta will also retain and process information in its capacity of a credit reference agency
Telephone calls and e-mails to Lodestar Delta may be recorded or monitored for the purposes of security training and quality assurance
22.0 Limitation of Liability
22.1 The Customer will be responsible for ensuring the fitness for purpose of the Goods for the Customer’s application unless the purpose is previously notified to Sirocco
22.2 To the extent permitted by law, Lodestar Delta accepts no liability whatsoever or howsoever arising in respect of loss, damage or expenses arising from errors in information or advice provided whether or not due to Sirocco’s negligence or that of its employees, agents or subcontractors save for any loss or damage arising from death or personal injury
22.3 To the extent permitted by law, Lodestar Delta shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any Contract with the Customer, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer
22.4 The entire liability of Lodestar Delta under or in connection with the Contract with the Customer shall not exceed the price of the Goods except as expressly provided in these terms and conditions
23.0 Force Majeure
Lodestar Delta shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any obligations of Lodestar Delta in relation the Goods provided that the delay or failure was due to any cause beyond reasonable control of Sirocco. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control of Sirocco, Action of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Lodestar Delta or of a third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery
All contracts between Lodestar Delta and the Customer shall be governed by and interpreted in accordance with English Law and both Lodestar Delta and the Customer submits to the exclusive jurisdiction of any competent Court in England
25.0 Consumer Protection
Nothing contained herein shall affect a Consumer’s rights under the Unfair Contract Terms Act 1977 or any regulations made under it including the Unfair Terms in Consumer Contracts Regulations 1994
26.1 If the Customer fails to make payment for the Goods in accordance with these Terms and Conditions or permits any other breach of any contract for sale or if any distress or execution shall be levied upon any of the Customers goods or if the Customer offers to make any arrangement with its creditors or if any petition in bankruptcy is present against the Customer or the Customer is unable to pay its debts as they fall due or if any petition in bankruptcy is present against the Customer or if being a limited company any resolution or petition to wind up the Customer (other than for the purpose of amalgamation or reconstruction with insolvency) shall be passed or presented or if a Receiver, Administrative Receiver or Manager shall be appointed over the whole or any part of Customer’s business or assets or if any petition for the appointment of any administrator is present against the Customer or if the Customer shall suffer any actions or proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately
26.2 Lodestar Delta may in its absolute discretion and without prejudice to any other rights which it may have suspend all future deliveries of Goods to the Customer and/or terminate any contract without liability upon its part, and/or exercise any of its rights pursuant to this Terms and Conditions
All headings in these Terms and Conditions are for ease of reference only and shall not affect the construction of any contract between Lodestar Delta and a Customer
Any provision of any contract with Lodestar Delta which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of any Contract
No waiver or forbearance by Lodestar Delta (whether expressed or implied) in enforcing any of its rights under any contract shall prejudice its rights to do so in the future
30.0 Rights of Third Parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is agreed by Lodestar Delta and the Customer that nothing in any contract shall confer on any third party any right to enforce or any benefit of any term of any contract that may be concluded by them