bof Group Limited
Terms and Conditions for the Sale of Goods
The Buyer's attention is in particular drawn to the provisions of condition 10.4.
1.1The definitions and rules of interpretation in this condition apply in these conditions.
Bespoke Specification:meansany Specification supplied to the Company by the Company for Goods which the Company accepts in writing.
Buyer: the person, firm or company who purchases the Goods from bof.
bof: bof Group Limited (Company Number 3108386) whose registered office is at Tower House, Tower Close, Bridgend Industrial Estate, Bridgend CF31 3TH trading as bof.
Collection Point: the place where collection of the Goods is to take place under condition 4.
Contract: any contract between bof and the Buyer for the sale and purchase of the Goods, incorporating these conditions.
Delivery Point: any other pre-arranged place where delivery of the Goods is to take place under condition 4 other than at the Collection Point.
Document includes, in addition to a document in writing, a map, plan, design, drawing, picture or other image, or any other record of any information in any form;
Goods:any goods agreed in the Contract to be supplied to the Buyer by bof (including any part or parts of them).
Specification:means any specification for the Goods, including any related plans and drawings as specified by bof.
1.2In these conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to the statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced and includes any subordinate legislations for the time being in force made under it.
1.3Words in the singular include the plural and in the plural include the singular.
1.4A reference to one gender includes a reference to the other gender.
2.APPLICATION OF TERMS
2.1Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, Specification or other document).
2.2No terms or conditions endorsed on, delivered with or contained in the Buyer’s purchase order, confirmation of order, Specification or other document shall form part of the Contract simply as a result of such document being referred to in the contract.
2.3These conditions apply to all bof’s sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing by both parties. The Buyer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of bof which is not set out in the Contract. Nothing in this condition shall exclude or limit bof's liability for fraudulent misrepresentation.
2.4Each order or acceptance of a quotation for Goods by the Buyer shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions and as such are subject to acceptance by bof. bof may choose not to accept the Buyer’s order or purchase for any reason and bof will not be liable to the Buyer or to anyone else in those circumstances
2.5No order placed by the Buyer shall be deemed to be accepted by bof until a written acceptance of the order is issued by bof or (if earlier) bof delivers the Goods to the Buyer. The processing of the Buyer’s payment or an acknowledgement of the Buyer’s order does not constitute legal acceptance of the Buyer’s order.
2.6The Buyer shall ensure that the terms of its order and any applicable Specification are complete and accurate.
3. DESCRIPTION OF GOODS
3.1The quantity and description of the Goods shall be as set out in bof’s quotation or acknowledgement of order.
3.2All samples, drawings, descriptive matter, Specifications and advertising issued by bof and any descriptions or illustrations contained in bof’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.
3.3To the extent that the Goods are to be manufactured in accordance with a Bespoke Specification supplied by a Buyer, the Buyer shall indemnify bof against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by bof in connection with any claim made against bof for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with bof’s use of the Bespoke Specification. This condition 3.3 shall survive termination of the Contract.
3.4bof reserves the right to amend any Specification or Bespoke Specification if required by any applicable statutory or regulatory requirement.
4. DELIVERY or COLLECTION
4.1When it is a requirement of the Buyer to collect the Goods from bof, unless it is otherwise agreed in writing, collection of the Goods shall take place at bof’s place of business. Notwithstanding the same, bof may agree to arrange the delivery and installation of the Goods to a Delivery Point, provided this is agreed in writing by bof.
4.2The Buyer shall take delivery or collection of the Goods within 7 days of bof giving it notice that the Goods are ready for delivery or collection.
4.3Any dates specified by bof for delivery or collection of the Goods are intended to be an estimate and time for delivery or collection shall not be made of the essence by notice. If no dates are so specified, delivery or collection shall be within a reasonable time.
4.4Subject to the other provisions of these conditions bof shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery or collection of the Goods (even if caused by bof’s negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days.
4.5If for any reason the Buyer fails to accept delivery or collection of any of the Goods when they are ready for delivery or collection, or bof are unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:
(a)risk in the Goods shall pass to the Buyer (including for loss or damage caused by bof’s negligence);
(b)the Goods shall be deemed to have been delivered; and
(c)bof may store the Goods until delivery or collection, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
4.6If after 14 days after the day on which bof notified the Buyer that the Goods were ready for delivery or collection the Buyer has not accepted delivery or collected them, bof may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Buyer for any excess over the price of the Goods or charge the Buyer for any shortfall below the price of the Goods.
4.7The Buyer shall provide at the Delivery Point and at its expense adequate and appropriate access and the designated use of lifts, storage and assembly areas for bof.
4.8The Buyer shall provide bof’s personnel with full and unrestricted access to the Delivery Point for the purpose of the delivery of the Goods and shall ensure that such premises are clean, safe, have adequate lighting and electrical sockets and cleared for delivery and installation and comply with all relevant health and safety legislation applicable at the date of delivery.
4.9If bof delivers to the Buyer a quantity of Goods of up to 10% more or less than the quantity accepted by bof, the Buyer shall not be entitled to object to or reject the Goods by reason of the surplus or shortfall and shall pay for such goods at the pro rata Contract rate.
4.10bof may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.
4.11Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.
5. NON-DELIVERY or FAILURE TO COLLECT
5.1The quantity of any consignment of Goods as recorded by bof upon dispatch from bof’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery or collection unless the Buyer can provide conclusive evidence proving the contrary.
5.2bof shall not be liable for any non-delivery of or failure to collect the Goods (even if caused by bof’s negligence) unless the Buyer gives written notice to bof of the non-delivery or failure to collect within 7 days of the date when the Goods would in the ordinary course of events have been received.
5.3Any liability of bof for non-delivery of or failure to collect the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
5.4bof shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by
a)a Force Majeure Event; or
b)the Buyer’s failure to provide bof with adequate delivery instructions that are relevant to the supply of the Goods; or
c)the Buyer failing to comply with the provisions of clauses 4.7 or 4.8 above.
6.RISK and TITLE
6.1The Goods are at the risk of the Buyer from the time of delivery or collection.
6.2Ownership of the Goods shall not pass to the Buyer until bof has received in full (in cash or cleared funds) all sums due to it in respect of:
(a)the Goods; and
(b)all other sums which are or which become due to bof from the Buyer on any account.
6.3For the avoidance of doubt if the Buyer has more than one account with bof or owes bof any sum whatsoever, ownership of the Goods will not pass to the Buyer until the expiry of 12 months after the date upon which all sums due to bof have been received in full (in cash or cleared funds) and all accounts are at zero (or a credit) balance for the entire 12 month period since all sums were received. The Buyer agrees that title and ownership of the Goods will only pass upon the expiry of a clear 12 month period (as detailed above) in which time no sum is owed to bof.
(a)hold the Goods on a fiduciary basis as bof’s bailee;
(b)store the Goods (at no cost to bof) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as bof’s property;
(c)not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
(d)maintain the Goods in satisfactory condition and keep them insured on bof’s behalf for their full price against all risks to the reasonable satisfaction of bof. On request the Buyer shall produce the policy of insurance to bof; and
(e)hold the proceeds of the insurance referred to in condition 6.4(d) on trust for bof and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
(a)any sale shall be effected in the ordinary course of the Buyer’s business at full market value; and
(b)any such sale shall be a sale of bof’s property on the Buyer’s own behalf and the Buyer shall deal as principal when making such a sale.
6.6The Buyer’s right to possession of the Goods shall terminate immediately if:
(a)the Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or
(b)the Buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between bof and the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade; or
(c)the Buyer encumbers or in any way charges any of the Goods.
6.7bof shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from bof.
6.8The Buyer grants bof, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them.
6.9Where bof is unable to determine whether any Goods are the goods in respect of which the Buyer’s right to possession has terminated, the Buyer shall be deemed to have sold all goods of the kind sold by bof to the Buyer in the order in which they were invoiced to the Buyer.
6.10Notwithstanding any other condition in the Contract bof can require the Buyer not to resell or part with possession of any of the Goods owned by bof until the Buyer has paid in full all sums due to bof under the Contract between bof and the Buyer.
6.11On termination of the Contract, howsoever caused, bof’s (but not the Buyer’s) rights contained in this condition 6 shall remain in effect.
7.1Unless otherwise agreed by bof in writing, the price for the Goods shall be the price set out in bof’s price list published on the date of delivery or collection or deemed delivery or collection.
7.2The price for the Goods shall be exclusive of any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts the Buyer shall pay in addition when it is due to pay for the Goods.
7.3bof may, by giving notice to the Buyer at any time up to 30 days before delivery or collection, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
(a)any factor beyond bof’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(b)any request by the Buyer to change the delivery or collection date(s), quantities of types of Goods ordered, or the Specification or any Bespoke Specifications; or
(c) any delay caused by any instructions of the Buyer or failure of the Buyer to give bof adequate or accurate information of instructions.
7.4bof may, by giving notice to the Buyer at any time within 30 days after delivery or collection of the Goods rendering an additional invoice in respect of the Goods to the extent that the Buyer incurs additional costs including but not limited to any administrative costs or extra employee costs caused by the Buyer breaching its obligations under clause 4.7 or 4.8 above.
7.5Notwithstanding the above, occasionally Goods may be incorrectly priced, whether in marketing material, on the website or in store. Should an error of this nature occur, bof are not obliged to supply the Goods at the incorrect price or at all. bof will (at bof’s discretion) either cancel the order and refund any price paid or use reasonable endeavours to contact the Buyer and ask whether the Buyer wishes to continue with the order at the correct price. If bof are unable to contact the Buyer or the Buyer does not wish to continue with the order at the correct price, bof will cancel the order and refund the price paid, if applicable.
8.1Subject to condition 8.4, payment of the price for the Goods is due in pounds sterling. Payment of the price for the Goods shall be payable by the Buyer within any time period specified by bof in the acknowledgement of order. In the event that the acknowledgement of order does not specify a time period for payment, all invoices must be paid in full, within 30 days of the date of the invoice.
8.2Time for payment shall be of the essence.
8.3No payment shall be deemed to have been received until bof has received cleared funds.
8.4All payments payable to bof under the Contract shall become due immediately on its termination despite any other provision.
8.5The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by bof to the Buyer.
8.6If the Buyer fails to pay bof any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to bof on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of HSBC plc, accruing on a daily basis until payment is made, whether before or after any judgment. bof reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
9.1Where bof is not the manufacturer of the Goods, bof shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to bof.
9.2bof warrants that (subject to the other provisions of these conditions) upon delivery or collection, and for a period of 12 months from the date of delivery or collection, the Goods shall:
(a)be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
(b)be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that purpose to bof in writing and bof has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgement of bof.
9.3bof shall not be liable for a breach of any of the warranties in condition 9.2 unless:
(a)the Buyer gives written notice of the defect to bof, and, if the defect is as a result of damage in transit to the carrier, within 7 days of the time when the Buyer discovers or ought to have discovered the defect; and
(b)bof is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by bof) returns such Goods to bof's place of business at bof's cost for the examination to take place there.
9.4bof shall not be liable for a breach of any of the warranties in condition 9.2 if:
(a)the Buyer makes any further use of such Goods after giving such notice; or
(b)the defect arises because the Buyer failed to follow bof’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
(c)the Buyer alters or repairs such Goods without the written consent of bof;
(d)the defect arises as a result of bof following any drawing, design or Bespoke Specification supplied by the Buyer;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or us; or
(f) the Goods differ from the Specification or Bespoke Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
9.5Subject to condition 9.3 and condition 9.4, if any of the Goods do not conform with any of the warranties in condition 9.2 bof shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if bof so requests, the Buyer shall, at bof's expense, return the Goods or the part of such Goods which is defective to bof.
9.6If bof complies with condition 9.5 it shall have no further liability for a breach of any of the warranties in condition 9.2 in respect of such Goods.
9.7Any Goods replaced shall belong to bof and any repaired or replacement Goods shall be guaranteed on these terms for the unexpired portion of the 12 month period.
9.8The terms implied by section 13 – 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
10.LIMITATION OF LIABILITY
10.1Subject to condition 4, condition 5 and condition 9, the following provisions set out the entire financial liability of bof (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
(a)any breach of these conditions;
(b)any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
(c)any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
10.2All warranties, conditions and other terms implied by statute or common law (save for the conditions implied, as applicable, by section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982 or section 8 of the Supply of Goods (Implied Terms Act) 1973) are, to the fullest extent permitted by law, excluded from the Contract.
(a)for death or personal injury caused by bof’s negligence; or
(b)under section 2(3), Consumer Protection Act 1987; or
(c)for any matter which it would be illegal for bof to exclude or attempt to exclude its liability; or
(d)for fraud or fraudulent misrepresentation.
(a)bof’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
(b)bof shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
11.1If the Buyer becomes subject to any of the events listed in condition 11.2, bof may terminate the Contract with immediate effect by giving written notice to the Buyer.
11.2For the purpose of condition 11.1, the relevant events are:
(a)the Buyer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
(b)the Buyer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where the Buyer is a company) where these events take place for the sole purpose of a scheme for a solvent amalgamation of the Buyer with one or more other companies or the solvent reconstruction of the Buyer;
(c) (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Buyer, other than for the sole purpose of a scheme for a solvent amalgamation of the Buyer with one or more other companies or the solvent reconstruction of the Buyer;
(d)(being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Buyer;
(e) (being a company) the holder of a qualifying floating charge over the Buyer's assets has become entitled to appoint or has appointed an administrative receiver;
(f)a person becomes entitled to appoint a receiver over the Buyer’s assets or a receiver is appointed over the Buyer's assets;
(g)(being an individual) the Buyer is the subject of a bankruptcy petition or order;
(h)a creditor or encumbrancer of the Buyer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
(i)any event occurs, or proceeding is taken, with respect to the Buyer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in condition 11.2 (a) to condition 11.2 (f) (inclusive);
(j)the Buyer suspends, threatens to suspends, ceases or threatens to cease to carry on all or a substantial part of its business;
(k)the Buyer's financial position deteriorates to such an extent that in bof's opinion the Buyer's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; and
(l)(being an individual) the Buyer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.
11.3Without limiting its other rights or remedies, bof may suspend provision of the Goods under the Contract or any other contract between the Buyer and bof if the Buyer becomes subject to any of the events listed in condition 11.2 (a) to condition 11.2 (l) or bof reasonably believes that the Buyer is about to become subject to any of them, or if the Buyer fails to pay any amount due under this Contract on the due date for payment.
11.4On termination of the Contract for any reason the Buyer shall immediately pay to bof all of bof’s outstanding unpaid invoices and interest.
11.5Termination of the Contract, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination.
11.6Conditions which expressly or by implication survive termination of the Contract shall continue in full force and effect.
12.1bof may at any time assign the Contract or any part of it to any person, firm or company.
12.2The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of bof.
bof reserves the right to defer the date of delivery or collection or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of bof including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, earthquakes, flood, storms, natural disasters or extreme adverse weather conditions, epidemic or similar events, breakdown of plant or machinery, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), chemical or biological contamination, sonic boom, collapse of building structures or restraints or delays affecting carriers default of suppliers or subcontractors or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 180 days, the Buyer shall be entitled to give notice in writing to bof to terminate the Contract.
14.1Each right or remedy of bof under the Contract is without prejudice to any other right or remedy of bof whether under the Contract or not.
14.2If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
14.3If one party gives notice to the other of the possibility that any provision or part-provision of the Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
14.4Failure or delay by bof in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
14.5A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
14.6The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
14.7The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
15.1All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax:
(a)(in case of communications to bof) to its registered office or such changed address as shall be notified to the Buyer by bof; or
(b)(in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to bof by the Buyer.
15.2Communications shall be deemed to have been received:
(a)if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
(b)if delivered by hand, on the day of delivery; or
(c) if sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
15.3Communications addressed to bof shall be marked for the attention of Mr Chris Abbott.