| 1. | THE CONTRACT | ||||
| 1.1 | Barloworld agrees to supply parts (the Goods) as displayed on its website to its customers (“Customer/s”), subject to the following terms and conditions. | ||||
| 1.2 | The Customer offers to purchase the Goods by placing an order via the website. A contract between Barloworld and the Customer is not completed until Barloworld has accepted the Customer’s order by sending the Customer an e-mail reflecting the Customer’s order reference number. | ||||
| 1.3 | By completing the registration process on line, the Customer is deemed to have read and agreed to all the terms of these Standard Trading terms and conditions, including the limitation and exclusion of liability provisions in clause 2 below. | ||||
| 1.4 | THE CUSTOMER'S STANDARD TRADING TERMS AND CONDITIONS DO NOT APPLY TO ANY CONTRACT. | ||||
| 1.5 | Any specifications, illustrations, drawings, price lists, dimensions, performance figures and/or other technical data furnished by Barloworld in respect of any Contract (collectively the "Data"), and whether in writing or not, is furnished only on the basis that it is not part of the Contract. The Customer must not rely on any of the Data for any purpose, unless and to the extent that it is expressly warranted or guaranteed in writing by Barloworld and is expressly stated by Barloworld, in writing, to form part of the Contract. | ||||
| 1.6 | Time is not of the essence of the Contract. | ||||
| 1.7 | Each Contract is the whole agreement between Barloworld and the Customer, and contains all the express provisions agreed by the parties, about its subject matter. | ||||
| 1.8 | If a party does not enforce its rights in terms of a Contract, that relaxation is not a waiver of those rights and that party may later enforce its rights as if it had never relaxed them. | ||||
| 1.9 | No variation of a Contract will be valid or effective unless recorded in writing and signed by the Customer and a director or general manager of Barloworld or any person to whom the director or general-manager has delegated his authority. | ||||
| 2. | EXCLUSION AND LIMITATION OF LIABILITY | ||||
| 2.1 | BARLOWORLD IS NOT LIABLE TO THE CUSTOMER FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS (INCLUDING COSTS ON THE ATTORNEY AND OWN CLIENT SCALE AND ON A FULL INDEMNITY BASIS) AND/OR ANY OTHER LIABILITY (COLLECTIVELY THE "CLAIM") SUFFERED OR INCURRED BY THE CUSTOMER AND CAUSED BY, OR ARISING FROM, BARLOWORLD FOLLOWING THE CUSTOMER'S ORDER (INCLUDING THE CUSTOMER'S DRAWINGS AND SPECIFICATIONS) GIVEN IN CONNECTION WITH ANY CONTRACT (THE "ORDER"). THE CUSTOMER IS LIABLE FOR ALL CONSEQUENCES OF ANY ERROR, OMISSION, DISCREPANCY OR DEFECT IN THE ORDER. | ||||
| 2.2 | MORE SPECIFICALLY, REGARDING SECURITY OF THE USE OF ELECTRONIC COMMERCE, ALTHOUGH BARLOWORLD WILL USE ITS REASONABLE ENDEAVOURS TO ENSURE ITS SECURITY, BARLOWORLD CANNOT GUARANTEE THE SECURITY THEREOF, AND BARLOWORLD WILL NOT BE LIABLE IN ANY WAY WHATSOEVER IN RESPECT OF LOSS OR DAMAGE OF WHATEVER NATURE SUFFERED BY THE CUSTOMER AS A CONSEQUENCE OF BREACH OF SECURITY, OTHER THAN IN THE EVENT OF SUCH LOSS OR DAMAGE ARISING AS A RESULT OF GROSS NEGLIGENCE ON THE PART OF BARLOWORLD. | ||||
| 2.3 | THE CUSTOMER HEREBY WAIVES ANY CLAIM IT MAY HAVE OR ACQUIRE AGAINST BARLOWORLD OR BARLOWORLD'S DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND/OR AGENTS: | ||||
| FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES (WHICH IS DEEMED TO INCLUDE ALL LOSS OF PROFIT, LOSS OF BUSINESS, ANY LOSS OR INTERRUPTION OF PRODUCTION OR OPERATIONS AND ANY DEMURRAGE OR OTHER COSTS RELATED TO THE DELAY OF VESSELS), SUFFERED BY THE CUSTOMER AND WHICH ARISE FROM, OR IN CONNECTION WITH, ANY CAUSE OF ACTION, INCLUDING CONTRACT, DELICT, STRICT OR STATUTORY LIABILITY; | |||||
| ARISING FROM OR IN CONNECTION WITH ANY SHORT DELIVERY OR BREAKDOWN OF THE GOODS. DESPITE ANY OTHER PROVISION OF THESE TERMS & CONDITION’S, THE CUSTOMER DOES NOT HAVE ANY CLAIM AGAINST BARLOWORLD FOR ANY DIRECT DAMAGES SUFFERED BY THE CUSTOMER AND WHICH ARISE FROM OR IN CONNECTION WITH A CONTRACT AND FROM ANY CAUSE, WHETHER IN CONTRACT, DELICT, STRICT OR STATUTORY LIABILITY, IN EXCESS OF THE SUM PAID BY THE CUSTOMER FOR THE GOODS PROVIDED THE GOODS ARE RETURNED TO BARLOWORLD IN THE SAME CONDITION IN WHICH THEY WERE DELIVERED TO THE CUSTOMER; | |||||
| 2.4 | BARLOWORLD IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING ANY OF ITS OBLIGATIONS UNDER THE CONTRACT WHICH IS CAUSED BY ANY EVENT OR CIRCUMSTANCE WHICH: | ||||
| (a) | IS BEYOND ITS REASONABLE CONTROL; OR | ||||
| (b) | BARLOWORLD COULD NOT REASONABLY HAVE PROVIDED AGAINST BEFORE ENTERING INTO THE CONTRACT; OR | ||||
| (c) | HAVING ARISEN, COULD NOT REASONABLY HAVE BEEN AVOIDED OR OVERCOME BY BARLOWORLD. | ||||
| 2.5 | THE EVENTS OR CIRCUMSTANCES DESCRIBED IN CLAUSE 2.4 INCLUDE ANY STRIKE, LOCK-OUT, SHORTAGE OF LABOUR OR MATERIALS, DELAYS IN TRANSPORT, ACCIDENTS OF ANY KIND, ANY DEFAULT OR DELAY BY ANY SUB-CONTRACTOR OR SUPPLIER OF BARLOWORLD, RIOT, CIVIL COMMOTION, DISORDER, LABOUR DISPUTE, WAR, INVASION, HOSTILITIES, CIVIL WAR AND ACTS OF TERRORISM, POLITICAL OR CIVIL DISTURBANCES, THE ELEMENTS, INCLEMENT WEATHER, NATURAL CATASTROPHES SUCH AS EARTHQUAKES, HURRICANES, FLOODS OR DROUGHTS, OR ANY ACT OF ANY STATE OR GOVERNMENT OR ANY OTHER AUTHORITY. | ||||
| 2.6 | EXCEPT FOR ANY WRITTEN WARRANTY OR GUARANTEE WHICH IS SIGNED BY BOTH PARTIES AND WHICH BARLOWORLD EXPRESSLY AGREES IN WRITING IS PART OF THE CONTRACT: | ||||
| (a) | THE GOODS ARE SOLD VOETSTOOTS, THAT IS AS THEY STAND WHERE THEY STAND AND WITHOUT ANY WARRANTY AND/OR GUARANTEE, INCLUDING ANY TACIT OR IMPLIED OR COMMON LAW WARRANTY AND, WITHOUT LIMITING THE GENERALITY OF THIS CLAUSE, THE IMPLIED WARRANTIES OF FITNESS FOR PURPOSE AND MERCHANTABILITY ARE EXCLUDED; | ||||
| (b) | BARLOWORLD DOES NOT MAKE ANY REPRESENTATIONS IN RESPECT OF THE GOODS , AND/OR THE FITNESS OF THE GOODS AND/OR ANY PART THEREOF FOR ANY PARTICULAR PURPOSE, WHETHER OR NOT THAT PURPOSE IS KNOWN TO BARLOWORLD; | ||||
| (c) | BARLOWORLD IS NOT LIABLE FOR ANY LATENT OR PATENT DEFECT IN THE GOODS. | ||||
| 2.7 | THE CUSTOMER ACKNOWLEDGES THAT IT HAS READ THE INSTRUCTIONS AND WARNINGS PROVIDED TO IT BY BARLOWORLD IN RESPECT OF THE HAZARDS ARISING FROM, OR ASSOCIATED WITH, THE GOODS AND/OR THEIR USE AND THE CUSTOMER AGREES THAT THOSE INSTRUCTIONS AND WARNINGS ARE ADEQUATE, CLEARLY EXPRESSED IN PLAIN LANGUAGE AND EASY TO UNDERSTAND. | ||||
| 2.8 | WITHOUT IN ANY WAY DETRACTING FROM THE IMPORTANCE OF THE OTHER PROVISIONS OF THE CONTRACT, THE CUSTOMER ACKNOWLEDGES THAT THE PROVISIONS OF CLAUSE 2 HAVE BEEN BROUGHT TO ITS ATTENTION, IT HAS READ AND UNDERSTOOD THOSE PROVISIONS AND AGREES TO BE BOUND BY THEM. | ||||
| 3. | CUSTOMER INFORMATION: | ||||
| When registering for and maintaining a Customer on line Account, the Customer will be required to provide certain personal and other information to Barloworld to enable Barloworld to process the Customer’s Order. The Customer acknowledges that there is a compromise between increased levels of security, and convenience to the Customer in transacting via electronic commerce. | |||||
| Barloworld respects its Customer’s privacy and shall take reasonable steps to protect this information. The Customer is however solely responsible for the accuracy of the information it provides. Barloworld will not be liable for any loss or damage suffered by the Customer which arises from or is in relation to the Customer having submitted inaccurate information to Barloworld. | |||||
| 4. | CUSTOMER SECURITY OBLIGATIONS: | ||||
| As a registered on line Customer, the Customer, will be required to select a unique username and password, which will enable the Customer to sign in to the Customer’s account on the website. If the Customer is a Legal Entity, the Customer may have an unlimited number of Users that may access the website through the use of an individual user identification and password. If the Customer or its authorised Users should forget the username or password, please contact Barloworld on telephone number (011) 929-000 (ext 0922) or e-mail address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it. or fax: 086 678 7927 | |||||
| It is the Customer’s responsibility, and the Customer agrees and warrants that it and its authorised Users would keep the username and password secure and confidential at all times. The Customer must ensure that the persons accessing the Customer Account are authorised and are acting within the scope of their authority | |||||
| 5. | PERMITS, CONSENTS AND APPROVALS | ||||
| If any permit, consent or approval (collectively "Approval") is required under any applicable law for, or in connection with, the sale, operation, manufacture or supply of the Goods, then this Contract is of no force or effect until the Customer obtains that Approval and provides Barloworld with written proof, satisfactory to Barloworld, that the Approval has been obtained. | |||||
| 6. | INTELLECTUAL PROPERTY | ||||
| 6.1 | The Customer does not, by virtue of a Contract, acquire any intellectual property which Barloworld owns or creates in the course of that Contract. | ||||
| 7. | WARRANTIES | ||||
| The following OEM (of Caterpillar equipment) warranty will apply and will be administered by the Supplier: | |||||
| New and Remanufactured Parts and Assembled Components, Remanufactured Replacement Engines (for Caterpillar Machines), and Attachments Not Installed Prior to Delivery Worldwide | |||||
| 7.1 | Caterpillar Inc. Or its subsidiaries (“Caterpillar”), warrants the following products (and every major component thereof) sold by it to be free from defects in material and workmanship: | ||||
| (a) | New and Remanufactured parts and assembled components (see exceptions below); | ||||
| (b) | Remanufactured engines used as replacements in Caterpillar machines; | ||||
| (c) | Caterpillar Large Mining (LM) Series Ground Engaging Tools, which consists of Mining Series Adapters (MSA), Mining Series Retention ( MSR) and Mining Series Tips (MST) products; | ||||
| (d) | Attachments not installed prior to delivery. An additional warranty against breakage is applicable to certain Caterpillar brand Ground Engaging Tools. | ||||
| 7.2 | Also, an additional warranty against wear is applicable to landfill compactor Long Life Plus Tips. | ||||
| 7.3 | Refer to the applicable warranty statement for coverage details. | ||||
| 7.4 | This warranty does not apply to Caterpillar brand batteries and new and Remanufactured parts and assembled components sold for use in on-highway vehicle applications and gas compression applications. | ||||
| 7.5 | These products are covered by other Caterpillar warranties | ||||
| (a) | This warranty is subject to the following | ||||
| 7.6 | Warranty Periods | ||||
| (a) | For new and remanufactured parts and assembled components installed in 3500 and 3600 Family engines used in locomotive applications: 12 months, starting from the date the products is installed or 15 months from the date of sale to the first user, whichever occurs first. | ||||
| (b) | For all other products and applications: 6 months starting form date of sale to the first user. | ||||
| 7.7 | Supplier’s Responsibilities | ||||
| If a defect in material or workmanship is found during the warranty period, Caterpillar will, during normal working hours and at a place of business of a Caterpillar dealer or other source approved by Caterpillar: | |||||
| (a) | Provide (at Caterpillar’s choice) new, Remanufactured or Caterpillar approved repaired parts, assemble components, remanufactured engines or attachments needed to correct the defect. Note: Items replaced under this warranty become the property of Caterpillar; | ||||
| (b) | Replace lubricating oil, filters, antifreeze and other service items made unusable by the defect. | ||||
| (c) | In the case of assembled components, provide reasonable or customary repair labour needed to correct the defect, excluding assembled component removal and installation labour. | ||||
| (d) | In the case of Remanufactured replacement engines (for Caterpillar machine), provided reasonable or customary repair labour needed to correct the defect, excluding engines removal and installation labour. | ||||
| 7.8 | Customer Responsibilities | ||||
| The Customer is responsible for: | |||||
| (a) | Providing proof of sale date to the first user; | ||||
| (b) | Replace lubricating oil, filters, antifreeze and other service items made unusable by the defect. | ||||
| (c) | Labour costs, except as stated under “Caterpillar Responsibilities”; | ||||
| (d) | Parts shipping charge in excess of those which are usual and customary; | ||||
| (e) | Local taxes, if applicable; | ||||
| (f) | Costs to investigate complaints, unless the problem is caused by defect in Caterpillar material or workmanship; | ||||
| (g) | Giving timely notice of a warrantable failure and promptly making the product available for repair; | ||||
| (h) | Allowing Caterpillar access to all electronically stored data. | ||||
| 7.9 | Limitations | ||||
| Caterpillar is not responsible for: | |||||
| (a) | Failure resulting from any use or installation which Caterpillar judges improper; | ||||
| (b) | Failure resulting from attachments, accessory items and parts not sold by Caterpillar; | ||||
| (c) | Failure resulting from abuse, neglect and/or improper repair, including installation of parts and assembled components in contaminated systems. | ||||
| 8. | PRICE | ||||
| 8.1 | The price of the Goods will be the Company’s official list price ruling at the date on which they are delivered to the Customer, which is subject to rates of exchange fluctuations. While it is Barloworld’s intention to keep its website, up to date and error free, product description or pricing errors may occur. | ||||
| 8.2 | Delivery Charges are clearly highlighted and may be selected at the option of the Customer. | ||||
| 8.3 | The Customer must pay any amount payable by it in terms of the Contract: | ||||
| (a) | in South African currency | ||||
| (b) | free of bank and other charges and without any deduction or set-off or withholding | ||||
| 8.4 | Despite Barloworld giving its approval for a particular method of payment, all risk in and to a particular means of payment shall remain with the Customer. A payment by a Customer is only deemed to have been made, once the full amount of that payment is available to Barloworld as freely available funds in its nominated bank account. | ||||
| 9. | TAX | ||||
| 9.1 | All amounts payable to Barloworld in terms of a Contract exclude value added tax ("VAT") and any other tax, levy, duty, excise or charge (collectively "Tax"). The Customer must pay any applicable Tax simultaneously with any payment to Barloworld in respect of which that Tax applies. | ||||
| 9.2 | If any Tax is imposed after a Contract is concluded and the effect of that Tax is to reduce the net amount payable to Barloworld, the amounts payable to Barloworld in terms of a Contract are deemed to be adjusted to the extent necessary to enable Barloworld to receive the same amount which it would have received had the Tax not been imposed. | ||||
| 10. | TRANSFER OF RIGHTS AND OBLIGATIONS | ||||
| 10.1 | The Customer may not cede, delegate, assign or subcontract all or any of its rights and/or obligations in terms of a Contract, without Barloworld's prior written consent, on each occasion. | ||||
| 10.2 | The Customer hereby agrees that Barloworld may cede, delegate, assign or subcontract all or any of its rights and/or obligations in terms of a Contract, or appoint an agent to perform any of the Services, without the Customer's additional consent and without giving notice to the Customer. | ||||
| 11. | EXPORTING AND RESELLING THE GOODS | ||||
| The Customer acknowledges that if, within 2 years after the date of delivery to the Customer of any Goods under a Contract, those Goods are exported beyond the borders of the country in which they were delivered, and Barloworld must pay to the manufacturer of the Goods an additional sum. The Customer accordingly undertakes to refund to Barloworld, on demand, such additional sum which was paid by Barloworld. | |||||
| 12. | SUPPLY TERMS AND DELIVERY | ||||
| 12.1 | Unless agreed otherwise by the parties in writing, all Goods are sold Ex Works, from Barloworld's premises, (the "Delivery Address"). | ||||
| 12.2 | If the Customer elects to collect the Goods: | ||||
| 12.2.1 | Delivery is completed when the Goods are made available to the Customer at the Delivery Address and before loading commences. | ||||
| 12.2.2 | The Customer may nominate a person to collect the Goods on its behalf. Barloworld must be notified of the nominated person, or of any change to the nominated person. | ||||
| 12.2.3 | Orders received for Customer collection at the Delivery Address before noon may be available for collection the next business day subject to stock availability. | ||||
| 12.2.4 | The Customer hereby: | ||||
| 12.2.5 | waives any Claim it may have, or acquire, against Barloworld in respect of, or arising from, its failure to take delivery of the Goods on the Delivery Date or at all; and | ||||
| 12.2.6 | indemnifies Barloworld against any Claim which Barloworld may suffer and which arises from, or in connection with, the Customer's failure to collect the Goods on the Delivery Date or at all. | ||||
| 12.2.7 | Failure to collect the Goods within five (5) days of the availability of the Goods, will result in the Goods being dealt with in terms of clause 14 below. | ||||
| 12.2.8 | The Customer must arrange the loading of the Goods at, and transportation of the Goods from the Delivery Address. | ||||
| 12.3 | If the Customer elects to have the Goods delivered: | ||||
| 12.3.1 | Barloworld may, at the Customer's request, appoint a carrier to transport the Goods for the Customer to the Shipping Address specified by the Customer in its registration particulars. | ||||
| 12.3.2 | the Customer is responsible for paying delivery charges which are calculated automatically in the pricing basket depending on the value, priority, total order weight and delivery location. | ||||
| 12.3.3 | Orders received before noon may be despatched the next business day, subject to stock availability. | ||||
| 12.3.4 | If there is no one present to take delivery, the Customer will need to contact Barloworld to arrange redelivery. Return delivery charges and second delivery charges are then payable by the Customer. | ||||
| 12.4 | Despite any other provision of the Contract, Barloworld’s obligation to deliver the Goods is subject to the following conditions: | ||||
| (a) | where Barloworld manufactures the Goods or any part thereof, Barloworld's ability to timeously source, from suppliers who are reasonably and commercially acceptable to it, all required materials and supplies; | ||||
| (b) | where the Goods or any part thereof are purchased by Barloworld, the timeous receipt by Barloworld from its suppliers of the Goods or any components thereof; | ||||
| 13. | OWNERSHIP | ||||
| Despite delivery of any Goods to the Customer, the Customer does not acquire ownership of, or any right in and to the Goods, until Barloworld has received the full Price, together with any other amount which is payable to Barloworld for, or in connection with, those Goods. | |||||
| 14. | RISK | ||||
| 14.1 | All risk of loss of, or damage to, or caused by, the Goods passes to the Customer when the Goods are delivered to the Customer. | ||||
| 15. | RETURNS | ||||
| 15.1 | Any goods to be returned must be returned within twenty one (21) days of receipt of the Goods. | ||||
| 15.2 | Electrical parts and oil cannot be returned. | ||||
| 15.3 | The Goods must be returned at the Customer’s costs in its original packaging and must be in a new and saleable condition. | ||||
| 15.4 | Delivery, Emergency and Airfreight charges are not refundable. | ||||
| 15.5 | A minimum but not limited to fifteen (15) % restocking fee will be payable by the Customer, which may vary depending on Barloworld’s stocking parameters or policy. | ||||
| 15.6 | Any refund due to the Customer will be paid into the Customer’s bank account within Five (5) business days of receipt of the returned Goods | ||||
| 16. | CANCELLATION | ||||
| Barloworld may cancel the Contract with immediate effect by giving written notice to the Customer, if the Customer: | |||||
| 16.1 | breaches the Contract and fails to remedy that breach within 5 days of the date of a written notice from Barloworld to do so; or | ||||
| 16.2 | being an individual, dies or is provisionally or finally sequestrated or surrenders his estate; or | ||||
| 16.3 | being a partnership, is dissolved; or | ||||
| 16.4 | being a juristic person, is liquidated, whether provisionally or finally and whether voluntarily or compulsorily, or is placed under judicial management; or | ||||
| 16.5 | compromises, or attempts to compromise, generally with any of the Customer's creditors. | ||||
| 17. | COSTS ARISING FROM A BREACH | ||||
| The Customer is liable for all legal costs incurred by Barloworld because of a breach of the Contract by the Customer, on the attorney and own client scale and on a full indemnity basis, including any tracing fees and collection commission. | |||||
| 18. | JURISDICTION | ||||
| The Customer hereby consents and submits to the jurisdiction of all South African High Courts and South African Courts of Appeal in respect of any process arising out of, or in connection with, a Contract. | |||||
| 19. | NOTICES AND ADDRESSES FOR SERVICE | ||||
| 19.1 | Unless otherwise specified, any notice in terms of a Contract must be: | ||||
| (a) | in writing to be effective; and | ||||
| (b) | sent by hand or telefax to the Customer at its physical address or telefax number set out in the Customer's order; or | ||||
| (c) | sent by hand to Barloworld at 180 Katherine Street, Sandton, marked for the attention of: The Group Legal Advisor. | ||||
| 19.2 | Any notice or communication shall: | ||||
| (a) | if delivered by hand on a business day, be deemed to have been received on the date of delivery and if delivered on any other day, be deemed to have been received on the next business day thereafter; and | ||||
| (b) | if delivered by telefax, be deemed to have been received on the 1st business day following the date of transmission. | ||||
| 19.3 | Either party may change its physical address or telefax number, provided that such changes will only take effect upon receipt, or deemed receipt, of notice given to the other party thereof and of the new address or telefax number. | ||||
| 19.4 | Any written notice or communication which has actually been received by a party is sufficient notice even if it has not been sent in the manner, or to the address, provided for in this clause 19. | ||||
| 20. | GENERAL AND INTERPRETATION | ||||
| 20.1 | These T & C'S and all Contracts are exclusively governed by, and interpreted according to, the laws of the Republic of South Africa, except to the extent to which the laws of another country compulsorily apply. | ||||
| 20.2 | A reference to the singular includes the plural and vice versa and a reference to any particular gender includes the other gender and the neuter. | ||||
| 20.3 | In this Contract, unless the context clearly indicates a contrary intention: | ||||
| (a) | "day" means a calendar day, from 00:00 to 24:00; | ||||
| (b) | "business day" means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa; | ||||
| (c) | “Delivery Address” means Barloworld’s premises at 1 Electron Avenue, Isando | ||||
| (d) | “Shipping Address” means the address the Customer elects to receive its orders. | ||||
| (e) | “User” means an individual, employee or agent of the Customer authorised to use or access the website on its behalf. | ||||
| (f) | “Nominated person” means the person elected by the Customer to collect its Goods. | ||||
| 20.4 | If any notice period prescribed in this Contract expires on a day which is not a business day, it will be deemed to have expired on the next business day thereafter. | ||||
| 20.5 | Any notice period will be calculated by excluding the first day and including the last day thereof. | ||||
| 20.6 | A reference to any law means that law as it applies on the date a Contract is concluded and as that law is amended or replaced from time to time thereafter. | ||||
| 20.7 | All headings in these T & C'S are inserted for convenience only and must not be taken into account when interpreting the Contract. | ||||
| 20.8 | Words or expressions defined in any particular clause in a Contract must bear the meaning so assigned to them throughout the Contract unless the context indicates otherwise. | ||||
