Terms & Conditions
1 - Definitions & Interpretation
1.1 -In these Conditions the following definitions apply:
Affiliate - means any entity that directly or indirectly Controls, is Controlled by or is under common Control with, another entity;
Approved Equipment - means equipment and tools used for the provision of Services;
Bribery Laws - means the Bribery Act 2010 and all other applicable UK legislation, statutory instruments and regulations in relation to bribery or corruption;
Business Day - means a day other than a Saturday, Sunday or bank or public holiday;
Conditions - means M&M Trailers terms and conditions of service set out in this document;
Confidential Information - means any commercial, financial or technical information, information relating to the Services, plans, know-how or trade secrets which is obviously confidential or has been identified as such, or which is developed by a party in performing its obligations under, or otherwise pursuant to the Contract;
Contract - means the agreement between M&M Trailers and the Customer for the supply and purchase of Services incorporating these Conditions and the Order;
Customer - means the person who purchases the Services from M&M Trailers and whose details are set out in the Order;
Force Majeure - means an event or sequence of events beyond a parties reasonable control (after exercise of reasonable care to put in place robust backup and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service, or material required for the performance of the Contract, strike, lockout or boycott or other industrial action including strikes or other industrial disputes involving M&M Trailers or its M&M Trailers’ workforce, but excluding the Customer’s inability to pay or circumstances resulting in the Customer’s inability to pay.
Intellectual Property Rights - means copyright, patents, know-how, trade secrets, trade marks, trade names, design rights, rights in get-up, rights in goodwill, rights in confidential information, rights to sue for passing off, domain names and all similar rights and, in each case:
(a) - whether registered or not;
(b) - including any applications to protect or register such rights;
(c) - including all renewals and extensions of such rights or applications;
(d) - whether vested, contingent or future;
(e) - to which the relevant party is or may be entitled, and
(f) - in which part of the world existing;
Location - means the address(es) for performance of the Services as set out in the Order;
M&M Trailers - means M & M Trailers Limited whose registered number is 02708174 and whose registered office is Woodlands Grange, Woodlands Lane, Bradley Stoke, Bristol, BS32 4JY;
Order - means the order for the Services from M&M Trailers placed by the Customer in substantially the same form as set out in the Quotation;
Quotation - means a quotation detailing the proposed fees for the services supplied to the Customer;
Quoted Fee - means the fee which will be quoted to the Customer in the Quotation;
Services - means the Services as set out by the Order and to be performed by M&M Trailers for the Customer
VAT - means the value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax applying to the sale of the Services;
1.2 - In these Conditions, unless the context requires otherwise:
- 1.2.1 - any clause, schedule, or other headings in these Conditions is included for convenience only and shall have no effect on the interpretation of the Conditions;
- 1.2.2 - a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns;
- 1.2.3 - a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having a separate legal personality) and that person’s personal representatives, successors and permitted assigns;
- 1.2.4 - a reference to a ‘company’ includes and company, corporation or other body corporate, wherever and however incorporated or established;
- 1.2.5 - a reference to a gender includes each other gender;
- 1.2.6 - words in the singular include the plural and vice versa;
- 1.2.7 - any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;
- 1.2.8 - a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form;
- 1.2.9 - a reference to legislation is a reference to that legislation amended, extended, re-enacted or consolidated from time to time; and
- 1.2.10 - a reference to legislation includes all subordinate legislation made from time to time under that legislation.