Marine Rescue Technologies sMRT AU10 User Manual page 32

32 sMRT AU10 User Manual v1.8
written instructions or authorisation.
(c) This clause 16 shall surv iv e termination of the Contract, howev er arising.
17 Termination
(a) Without prejudice to any other right or remedy av ailable to the Supplier, the Supplier may terminate the
Contract or suspend any f urther deliv eries under the Contract without liability to the Customer and, if the
Equipment has been deliv ered but not paid f or, the price shall become immediately due and pay able
notwithstanding any prev ious agreement or arrangement to the contrary if :
(i) the ability of the Customer to accept deliv ery of the Equipment is delay ed, hindered or prev ented by
circumstances bey ond the Customer's reasonable control; or
(ii) an order is made or a resolution is passed f or the winding up of the Customer, or circumstances arise
which entitle a court of competent jurisdiction to make a winding-up order in relation to the Customer; or
(iii) an order is made f or the appointment of an administrator to manage the af f airs, business and property
of the Customer, or documents are f iled with a court of competent jurisdiction f or the appointment of an
administrator of the Customer, or notice of intention to appoint an administrator is giv en by the Customer
or its directors or by a qualif y ing f loating charge holder (as def ined in paragraph 14 of Schedule B1 to the
Insolv ency Act 1986); or
(iv ) a receiv er is appointed of any of the Customer's assets or undertaking, or if circumstances arise
which entitle a court of competent jurisdiction or a creditor to appoint a receiv er or manager of the
Customer, or if any other person takes possession of or sells the Customer's assets; or
(v ) the Customer makes any arrangement or composition with its creditors, or makes an application to a
court of competent jurisdiction f or the protection of its creditors in any way , or becomes bankrupt; or
(v i) the Customer ceases, or threatens to cease, to trade; or
(v ii) the Customer takes or suf f ers any similar or analogous action to any of the f oregoing in any
jurisdiction in consequence of debt.
(b) Termination of the Contract, howev er arising, shall not af f ect or prejudice the accrued rights of the
parties as at termination or the continuation of any prov ision expressly stated to surv iv e or implicitly
surv iv ing termination.
18 Force Majeure
The Supplier reserv es the right to def er the date of deliv ery , or to cancel the Contract or reduce the
amount of Equipment ordered, if it is prev ented f rom or delay ed in carry ing on its business by acts,
ev ents, omissions or accidents bey ond its reasonable control, including without limitation strikes, lock-
outs or other industrial disputes (whether inv olv ing the workf orce of the Supplier or any other party ),
f ailure of a utility serv ice or transport or telecommunications network, act of God, war, riot, civ il
commotion, malicious damage, compliance with any law or gov ernmental order, rule, regulation or
direction, accident, breakdown of plant or machinery , f ire, f lood, storm or def ault of suppliers or sub-
contractors (Force Majeure Event).
19 Notices
Any notice required to be giv en pursuant to the Contract shall be in writing and shall be deliv ered by hand
or sent by pre-paid f irst-class post or recorded deliv ery post to the address of the party as set out in
these Conditions, or such other address as may be notif ied by one party to the other. A notice deliv ered
by hand is deemed to hav e been receiv ed when deliv ered (or, if deliv ery is not in business hours, 9.00
am on the f irst business day f ollowing deliv ery ). A correctly addressed notice sent by pre-paid f irst-class
post or recorded deliv ery post shall be deemed to hav e been receiv ed at the time at which it would hav e
been deliv ered in the normal course of post.
20 Miscellaneous
(a) A waiv er of any right under the Contract is only ef f ectiv e if it is in writing and signed by or on behalf
of the waiv ing party , and it applies only to the party to whom the waiv er is addressed and the
circumstances f or which it is giv en.
(b) If any prov ision of these Conditions (or part of a prov ision) is f ound by any court or administrativ e
body of competent jurisdiction to be inv alid, unenf orceable or illegal, the other prov isions shall remain in
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