1.1. Client – the customer
1.2. Goal – to eliminate noise induced hearing loss
1.3. Goods – equipment or services supplied by Eartex Ltd, trading as EAVE
1.4. Supplier – Eartex Ltd, trading as EAVE
2. Delivery & Collection
2.1. Delivery lead time is typically eight weeks from order acknowledgement for rented Goods. A definitive lead time is contingent on production capacity at the time of order. The Client will receive a definitive delivery date once an agreement has been signed and an order acknowledgement sent.
2.2. At the end of the initial rental period the rental contract will continue on a rolling basis, which can be terminated by the client with 30 days written notice.
2.3. The Client is responsible for shipping the rented Goods back to the Supplier within seven days of the end of the rental contract.
3. Price & Payment
3.1. Purchase Order or payment must be received before the Goods are delivered.
3.2. Prices are exclusive of VAT.
3.3. Prices are valid for 30 days from the date of the proposal.
4. Limitation of Liability
4.1. The Supplier takes care that all reasonable steps are taken to ensure the safety of those using the Goods. The proposal signatory representing the Client agrees that all personnel using the Goods remain the sole responsibility of the Client.
4.2. Nothing in this clause will be deemed to exclude or restrict EAVE’s liability for (i) death or personal injury resulting from its negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of any obligation as to title implied by section 12 of the Sale of Goods Act 1979; and/or (iv) any act, omission or matter, liability for which may not be legally excluded or limited.
5.1. Feedback received from the Client is used by the Supplier to support ongoing product development and to improve the products and services of the Supplier. As such, the rights over any associated Intellectual Property remain the sole property of the Supplier.
6.1. The warranty covers replacement of Goods that fail under normal working conditions and where the failed Goods can be returned to the Supplier within the agreed rental period. Normal working conditions include all conditions that operatives would be expected to work in.
6.2. Rented Goods that are lost, stolen or not returned to the Supplier at the end of the agreed rental period including headsets, beacons, smart hubs, charging hubs and any other items described in the delivery note, will be invoiced to the Client at the retail purchase price.
7.1. EAVE may assign, or deal in any manner with, any contract between EAVE and Buyer or any part of them, including sub- contracting any of its obligations under such contracts to any third party or agent.
7.2. The Buyer shall not be entitled to assign, or deal in any other manner with, any contracts between EAVE and Buyer or any part of them, including sub-contracting any of its obligations under such contracts, without the prior written consent of EAVE.
8.1. If there is appointed a Receiver, Administrator or Administrative Receiver of the Buyer’s property or assets or any part of them, or a court order is made or a resolution is passed for the winding-up of the Buyer (except for the purpose of amalgamation or reconstruction) or if the Buyer commits any act of bankruptcy, or any bankruptcy petition is presented against the Buyer (or any analogous proceedings under the law of any country outside the United Kingdom are commenced), EAVE may by notice in writing to the Buyer cancel all orders and contracts between EAVE and the Buyer or any part of them remaining unfulfilled.
8.2. The goods remain the property of the supplier. In the event of termination they must be returned to the supplier within 7 days.
9. Governing Law & Jurisdiction
9.1. This agreement shall be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts with respect to all disputes arising out of or in connection with this agreement.
9.2. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subjection matter or formation (including non-contractual disputes or claims).