Terms & Conditions

The below listed Terms and Conditions applies to this site. It describes definitions, procedures and actions undertaken in regard with your interest on our products and your sole decision to purchase it.

Contents:

-COOKIES

-PRICES

-ORDERS AND CONFIRMATION

-PAYMENT AND PRICES

-DELIVERY

-RETURNS

-EXCLUSIONS OF LIABILITY, WARRANTIES AND DISCLAIMERS

-COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

-DISPUTES

-PRIVACY AND SECURITY

-JURISDICTION AND GOVERNING LAW

-MONITORING

-CANCELLATION

-GUARANTEE AND COMPLAINTS MANAGEMENT

-FORCE MAJEURE

-BRIBERY AND RESTRAINT

-GENERAL

1. WEBSITE

1.1 By accessing this website, you warrant and represent to OMIM ltd, registration number BG 121162792, a company incorporated in Bulgaria and its subsidiaries and affiliated companies (hereafter referred to as “OMIM”) that you are legally entitled to do so and to make use of information and purchase/order the products made available on our website.

1.2 You agree to be bound by these terms and conditions when using and/or accessing this website. By accessing this website, we assume that you accept these terms and conditions in full. Do not continue to use this website if you do not accept all the terms and conditions set out herein.

1.3 This website is owned and administered by OMIM Ltd. Unless otherwise stated, you may only use this website to browse its content, make legitimate purchases and shall not use this website for any other purposes, including without limitation, to make any speculative, false or fraudulent purchases. This website and its contents and software are the property of OMIM and may not be copied, reproduced or transferred in any way whatsoever.

1.4 By accessing or using this website, you assume the risk that the information on the website may be incomplete, partially inaccurate, or out of date, or may not meet your needs and requirements. OMIM Ltd. may add, change, discontinue, remove, or suspend any of the information, features and other content included on the website at any time, without notice and without liability. Such modification will supersede and replace any previous terms and shall such amended terms be made available on this website.

1.5 Due to the nature of the internet, we cannot guarantee the continuous and uninterrupted availability of any portion of the website and are not responsible for outages or disruptions which are beyond our control. We always reserve the right to restrict the availability of the website or certain areas or features thereof with or without notice.

2. DEFINITIONS

In these terms and conditions, the following words will have the following meaning:

a) “Account” means the account you will need to register for on this website if you would like to submit an order on this website,

b) “Business day” means a day which is neither a Saturday, Sunday nor an official Bulgarian Public Holiday,

d) “Confirmation of Order” means OMIM ltd. sending you an e-mail confirming that we have accepted such order in accordance with clause 3 herein,

e) “Contract” means your order of a product(s) in terms of these Terms and Conditions, which OMIM has accepted with a Confirmation of Order,

f) “Customer/you” means the individual who places an order on this website or uses this website,

g) “Order” means the order submitted by you on this website to purchase a product(s) from OMIM,

(h) “We/us” means OMIM Ltd.

i) References to any “clauses” are to clauses of these terms and conditions.

j) Headings are for ease of reference only and shall not affect the interpretation or construction of these terms and conditions.

3. COOKIES

We employ the use of cookies. By using OMIM's website, you consent to the use of cookies in accordance with BMG’s privacy policy as set out in these terms and conditions. Like most interactive websites, we use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting the site. Some of our affiliate / advertising partners may also use cookies.

4. PRICES

4.1 Subject to the provisions of these terms and conditions, the indicative prices of the products are as set out on this website. We reserve the right to change prices without prior notice at any time. Any prices and products in any printed hard copy catalogue are subject to change. In the event of any conflict between prices for any products listed on this website and prices listed in the physical catalogue, prices listed on this website shall prevail.

4.2 The price of an ordered product or service will be as set out in the written acceptance communicated by OMIM, together with any applicable discounts. The price for products or services ordered for delivery at a future specified date ("Pre-order") may be varied by OMIM after the date of order acceptance by written notice to the Customer.

4.3 All prices exclude VAT, which will be added at the rate applicable at the date of order acceptance.

Packing

5. ORDERS AND CONFIRMATION

5.1 Before you can place an order you must register to open an Account on this website and then follow the instructions on this website as to how to place your order(s) before submitting it.

5.2 We display our products displayed on this website as accurately as possible, however, as the actual colors depend on your monitor the color of the physical item could slightly differ from the picture.

5.3 When making an order with us, legal obligations arise and your right to refund of money paid to us, are limited by our terms and conditions and thus you should only order through this site if you understand and agree to all our terms and conditions.

5.4 You agree that all orders, consents, instructions and any other communications which purport to originate from you or a person authorized to act on your behalf and which are sent to OMIM electronically and which may, for whatever reason, differ from the actual instructions sent previously to us, shall be deemed to have been given by yourself in the form actually received by OMIM; and you will be bound by such instruction and/or order, with no liability of any nature for us.

5.5 You waive any rights that you may have against OMIM arising either directly or indirectly from any loss or damage of any nature which you may suffer or incur as a result of the fact that OMIM acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify OMIM against all and any claims, losses, costs, fines, liabilities, damages and/or expenses incurred, directly or indirectly, by you, arising as a result of the fact that OMIM acted on your instructions/orders.

5.6 As soon as payment is made for an order it will be deemed that you have read, understood and accepted these terms and conditions for such order. You must ensure that the correct shipping address is provided as title and risk will pass on to you as soon as the products ordered have been delivered or shipped, upon the stipulated conditions in the Purchase Order and/or Order Confirmation.

5.7 Your order will only be accepted and processed once we have confirmed availability of the products ordered, after which the order will be confirmed on receipt of full payment.

5.8 Your order remains valid until OMIM issue a Confirmation of Order after your payment has been received.

5.9 OMIM keeps reasonable quantities of all products in stock and will endeavor to provide all products ordered over this website. All orders are subject to availability of products and BMG reserves the right to limit your order in respect of quantity, for it may be that the demand for any products exceeds OMIM’s expectations to such an extent that there may be a shortage of stock and because of which OMIM might not have all the products or the quantity of such products in stock to deliver your order within reasonable time and/or time requested.

5.10 OMIM reserves the right to decline to register any company or person. OMIM may decline to accept any order, whether payment has been received, by giving notice of non-acceptance to the Customer by telephone or email within a reasonable period of receipt of the order by OMIM. If OMIM rejects or cancels an order for which payment has been taken, it will refund the amount to the Customer as soon as reasonably practicable.

5.11 OMIM shall execute orders to the Customer's requirements but may provide substitute products where requested by the Customer, or where the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on PRE-Order to be fulfilled when OMIM next has available stock or be cancelled and refunded to the Customer.

5.13 The Customer must submit orders using the OMIM stock numbers and the priced units used on the OMIM website and must specify if special packing and/or delivery option is required.

6. PAYMENT AND PRICES

6.1 All transactions will be processed in EUROS.

6.2 All prices for products advertised on this website are subject to change, without notice to you.

6.3 You may apply for credit facilities with us, by completing and signing the credit facility application (and agreeing to the terms and conditions in such credit facility application) which is available on request and can be sent to you. We will either approve or deny such credit facility application and advise you within a reasonable time of our decision. Our decision is solely within our discretion and no reasons need be given by us for our decision.

6.4 Payment must be made by bank transfer into the OMIM’s bank account, the details of which will be provided in your confirmation email.

6.5 Credit terms (subject to satisfactory references and at OMIM's absolute discretion) are available. If credit has been granted, on acceptance of a Customer's order, OMIM will issue you with an original and valid tax invoice. Such invoice will be sent by email in PDF format, unless otherwise agreed between OMIM and the Customer. The Customer shall pay the price of the product or service within 30 days from date of statement. Credit facilities may be withdrawn by OMIM at any time with prior notice to the Customer and OMIM reserves the right, in its sole and absolute discretion, to alter the credit facilities or to review the extent, nature and duration of such facilities without being obliged to furnish reasons to the Customer.

6.10 All payments must be made without any set-off, deduction or counterclaim.

6.11 If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:

a) all sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and

b) OMIM shall be entitled to recover all costs that it has incurred in recovering any outstanding sums from the Customer, including but not limited to collection costs and legal costs, and

c) OMIM may also charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate which is 10 per cent per annum above the prime overdraft rate published by OMIM from time to time.

6.12 A certificate signed by any director or manager of OMIM showing the amount due and owing by the Customer to OMIM at any given time shall be prima facie evidence of the facts stated therein for the purposes of all legal proceedings against the Customer for the recovery of the said amount including for the purposes of summary judgment or provisional sentence.

7. DELIVERY

7.1 Delivery charges are not included in the selling price of the products and will be added after the selection of products and before payment proceeds.

7.2 OMIM aims to deliver your order within 48 (forty-eight) business hours of Confirmation of Order, depending on type of payment chosen, but does not guarantee delivery dates.

7.3 OMIM will aim to meet your delivery date (if such date is requested by you) of product and will aim to inform you should that requested delivery date not be possible, but OMIM will not be liable to you or any other person for any losses, expenses, charges, costs, liabilities or damages arising out of later delivery of the products.

7.4 Should any order be returned to OMIM as undeliverable, every attempt will be made to contact you to make arrangements for reshipment and such reshipment will proceed after receipt of an additional delivery fee.

7.5 Take note that it might not be possible for OMIM to deliver to some locations, and should this be the case, OMIM will inform you, using the contact details provided by you, to make alternative arrangements.

7.6 OMIM delivers in standard packaging and if any other packaging is requested by you, additional charges will be charged. Take note that delivery charges may differ subject to area, region, country or otherwise specified. OMIM reserves the right to make partial deliveries.

7.7 You should inform OMIM two working days in advance, should you not be available or able to take delivery or collection of the order(s) so that alternative arrangements can be made.

7.8 You will be requested to sign for receipt of delivery. You agree to inspect the product(s)/order for any obvious faults, defects or damage before signing for receipt of delivery. OMIM requests that you keep the receipt of delivery for any possible future discussion with OMIM regarding such order.

7.9 Take note that care must be taken when opening the product(s) so as not to damage it, especially when using sharp object to assist such opening. OMIM will not be liable for any damages, costs, expenses or liabilities arising out of negligence when opening packages or parcels or any form of packaging material.

7.10 In the case of products to be delivered to the Customer's usual business address, risk of loss of or damage to the products shall pass to the Customer delivery, unless the Customer fails to take delivery of the products, in which case such risk shall pass to the Customer at the time when courrier has attempted to deliver the products. In the case of products which the Customer orders to be collected from an OMIM trade counter, risk of damage or loss to the products shall pass to the Customer at the time of collection. If the Customer fails to accept delivery, it shall be liable for all resulting direct and indirect costs, expenses, losses or damages.

7.11 Ownership of any product supplied shall not pass to the Customer until full payment of the purchase price of the products and of all other amounts owing to OMIM has been made (in cash or cleared funds). If the Customer is late in paying any sum to OMIM, then OMIM shall be entitled to the immediate return of all products where ownership has not passed to the Customer. The Customer authorises OMIM and its agents to recover any such products in such circumstance, and to enter any premises of the Customer for that purpose.

7.13 Demand for or recovery of the products by OMIM shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or OMIM's right to sue for the whole of the price.

7.14 OMIM reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programe of product improvement, or to assist product availability, and such changes may take place during the life of any OMIM catalogue. The most up to date information on the availability and design of the products OMIM supplies is available on this website.

7.15 Unless otherwise confirmed in writing, nothing on the OMIM website or in any OMIM catalogue is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.

8. RETURNS

8.1 OMIM warrants that no product purchased from OMIM is materially defective and the product(s) ordered will be delivered undamaged in the quantities ordered/able to supply

8.2 OMIM aims to deliver products in excellent condition. However, should you immediately on receipt inform OMIM that the product is faulty, OMIM will consider appropriate remedies, including repair, replacement or a refund, provided you agree to keep the product in its current condition, available for OMIM or its agent to inspect such product within a reasonable time. OMIM may, in its sole discretion, choose to repair, replace or provide a refund for any faulty product.

8.3 To provide you with any remedies for a faulty product, OMIM may request your assistance and prompt provision of the following information:

a) Reasonable detail/specifications on how it is allegedly damaged and/or defective, and

b) provision of the delivery note number and such other information as OMIM may require.

8.4 Should repair, replacement or refund for the product be requested where OMIM conformed to the applicable provisions of the Consumer Protection, OMIM or its agent finds that the product has:

a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions, or

b) been involved in any accident or damage caused by an incorrect attempt at modification or repair, or

c) been dealt with or used contrary to OMIM or the producer’s instructions for the product, or

d) deteriorated through normal wear and tear, after delivery by OMIM

OMIM may at its sole discretion decide not to repair, replace or refund you for such product and/or OMIM may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your account or the payment details that you provided to us when you placed your order, and, to the extent permitted by law, OMIM shall not be liable to you or any other person for any losses, liabilities, costs, damages, charges or expenses as a result.

8.5 These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of OMIM.

8.6 To the maximum extent permitted by law, the remedies set out in these terms and conditions shall be the Customer's sole remedies for any breach of warranty and in respect of the supply or non-supply of products and/or services.

8.7 The availability of the remedies set out in this clause is subject to:

a) a claim being made in writing to OMIM, prior to the return of any defective product, and within twelve months of the original date of despatch or date of service, or such other periods as may be indicated by OMIM for specific products or services from time to time in writing, and

b) the Customer returning or disposing of the relevant products, or making them available for collection by OMIM, in accordance with OMIM's instructions and suitably packaged. For any returns, the Customer must obtain a returns number from OMIM and quote this on all paperwork and state the original invoice number in respect of the products and the nature of any claimed defect.

8.8 Where the Customer returns defective products otherwise than in accordance with these provisions, OMIM may refuse such products and return them to the Customer at the cost of the Customer.

8.9 Any products which are replaced by OMIM shall become the property of OMIM. Title to replacement products shall pass to the Customer when delivered to the Customer and the period of the replacement product's warranty shall be the unexpired period of the defective product's warranty.

8.10 Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of products and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill).

8.11 Except as required by law, OMIM will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions {statutory or otherwise) or breach of any other duty of any kind imposed on OMIM by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.

8.12 If these terms and conditions of sale, and/or any products and/or services provided under these terms and conditions of sale, is regulated by the Consumer Protection Act, it is not intended that any provision of these terms and conditions of sale contravenes any provision of that Act. Therefore, all provisions of these terms and conditions of sale must be treated as being qualified, to the extent necessary, to ensure compliance with the provisions of that Act.

9. EXCLUSIONS OF LIABILITY, WARRANTIES AND DISCLAIMERS

9.1 OMIM does not warrant that the services offered on this website will be uninterrupted or error free or that the website will be free from harmful components or viruses.

9.2 This website and all its content is provided on an “as is” basis and OMIM does not make any representations or warranties of any kind (expressed or implied), including, but not limited to, its contents, the accuracy of the website or any warranties or representations regarding the effectiveness of any encryption or security facilities or regarding the availability of products and/or delivery/shipping times and/or arrangements.

9.3 OMIM disclaims all warranties and representations, including, but not limited to, warranties as to the accuracy, availability, products or services, content of information, and warranties of fitness or merchantability for a particular purpose/use of information, services or products.

9.4 OMIM shall not be liable for any loss, damage (directly, indirectly, or consequential) or expense of any nature whatsoever which may be suffered because of, or which may be attributable (directly or indirectly) to the use of or reliance upon this website or the internet.

9.5 Except as expressly set out herein, OMIM will not be liable as a result of or in connection with our entity’s negligence (of any kind) acts or omissions or those of our employees, agents or designees or other person for whom BMG may be liable in law, for any direct, indirect incidental, special or consequential loss or damage of any kind whatsoever caused (whether from contract delict or otherwise and whether actually foreseen or reasonably foreseeable), sustained by you, the recipient of the products or any other person arising from or as a result of any use or sale concluded in terms of this agreement, the delivery, non-delivery, erroneous, incorrect or late delivery, the use or possession of the products or services as supplied /ordered through this website.

9.6 OMIM may in its sole discretion suspend or terminate the operation of this website at any time without prior notice to you and without the need to give you reasons for such termination.

10. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

OMIM is the lawful owner and user of all materials, texts, drawings, photos and data (“Materials”) on this website and all intellectual property contained on the website which is protected by both Bulgarian and international intellectual property laws. OMIM reserves the right to make any changes to this website, the products, content and/or services offered through this website at any time and without any notice. Nothing contained on this website should be construed as granting of any licence or any other right including, but not limited to, copyright, trademark, patent or other intellectual property rights in or to the content and materials.

11. DISPUTES

11.1 If the parties are unable to resolve any dispute resulting from this agreement, by means of joint co-operation or discussion between the individuals directly involved with the execution of this agreement, within 1 (one) week after a dispute arises or such extended time as the parties may in writing allow, then such dispute shall be submitted to the most senior persons of each party who will meet in good faith to resolve the dispute. If the dispute is not resolved because of such meeting, either party may, within 7 (seven) days of its conclusion, propose to the other in writing that structured negotiations be entered into with the assistance of a mediator.

11.2 All negotiations connected with the dispute will be conducted in complete confidentiality and the parties undertake not to divulge details of such negotiations, except to their professional advisors, who will also be subject to such confidentiality and will be without prejudice to the rights of the parties in future proceedings.

11.3 If the parties accept the mediator’s recommendations, or otherwise reach agreement on the resolution of the dispute, such agreement shall be reduced to writing and once it is signed by the duly authorised representatives, shall be final and binding on the parties.

11.4 Should the parties fail to reach agreement in the structured negotiations within 30 (thirty) days of the mediator being appointed, such a failure shall be without prejudice to the right of any party, subsequently to refer any dispute or difference to a court of competent jurisdiction. Nothing in these terms and conditions shall prevent either party from approaching such court for urgent relief if this is required.

12. PRIVACY AND SECURITY

General Data Protection Regulation (EU GDPR) – The official PDF of the Regulation (EU) 2016/679, its recitals

12.1 The security of your personal information is important to OMIM which follows generally accepted industry standards and all reasonable measures to protect the personal information submitted to OMIM and complies with the provisions of the General Data Protection Regulation (EU GDPR) – 2016/679, during transmission/orders placed and once OMIM receives it. However no method of transmission over the internet or any website, or method of electronic storage is 100 % (one hundred percent) safe and secure. OMIM cannot guarantee its absolute security but does use commercially acceptable means to protect your personal information.

12.2 OMIM will need to provide, collect, use, store or process your personal information as provided. You hereby authorise such collection, use, storage and processing where the need arises and you hereby consent, as per the requirements of GDPR and any relevant privacy laws, to OMIM uploading your details and business information which may be classified as confidential on the website for its internal use and purposes.

12.3 OMIM will not sell, rent or otherwise disclose your personal information to any third party without your consent, provided that by using this website and/or service, you provide your express and informed consent for OMIM to disclose your personal information to third parties.

12.4 OMIM reserves the right to disclose your personal information to any governmental body, exchanges and/or other regulatory or self-regulatory organisations if OMIM is required to do so by law or OMIM believe that such action is necessary to protect and defend OMIM’s rights and property or those of OMIM’s customers and companies in its group, prevent fraud, misuse or unauthorised use of our website or abuse thereof, comply with the law or any legal process and to protect the personal safety or property of OMIM’s customers or the public.

12.5 OMIM may also disclose information, if required, to any regulatory authorities in connection with any investigation of fraud, intellectual property infringements or any other activity which is illegal or may expose OMIM to any legal liability and/or damages.

12.6 This website may contain links to other sites. Although we try to link only to sites that share our high standards and respect for privacy, OMIM is not in any way responsible for the content of the privacy practices employed by other sites.

13. JURISDICTION AND GOVERNING LAW

13.1 The terms and conditions will be exclusively governed by and construed in accordance with the laws of Bulgaria.

14. MONITORING

OMIM has the right to monitor any activity and content associated with this website and use thereof and may investigate any reported violation of these terms and conditions or complaints and may take any action deemed necessary and appropriate (including, but not limited to, suspending, terminating, or attaching conditions to your access and/or removing any materials from this website and issuing warnings).

15. CANCELLATION

15.1 OMIM reserves the right for purpose of suspected fraud or for any reason whatsoever, to refuse to accept or process payment on any order and/or to cancel any sale concluded between you and OMIM, in whole or in part, if the product is not available for any reason whatsoever. We will notify you should this be the case and return any/all payment that you have made and accept no liability which may arise as a result of such refusal to process any order/sale.

15.2 No cancellation fees will be applicable.

15.3 OMIM reserves the right to implement “no cancellations” or “no return” policy without reason or explanation.

16. GUARANTEE AND COMPLAINTS MANAGEMENT

16.1 OMIM shall perform its obligations under these terms and conditions with reasonable skill and care.

16.2 OMIM place great value on its customer satisfaction and you may contact us at any time using the contact details provided in these Terms and Conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry and/or complaint. In guaranteed cases, the manufacturer is involved and as such it may take longer to resolve such enquiry and/or complaint.

16.3 In the event of a complaint, it will assist us if you can describe the object of your complaint as accurately as possible and, if applicable, send us copies of the order or at least the order number that was assigned to you in the Acknowledgment or Confirmation of Order. Should you not receive any reaction from us within 5 (five) business days, we request you to contact us again. In rare cases your electronic mail may be caught up in our spam files or not reach us, or correspondence that we send to you may otherwise not have reached you.

17. FORCE MAJEURE

17.1 OMIM shall not be liable for any breach, interruption or delay in the performance of service attributable to any cause beyond its control, including any natural disaster and unavoidable incident, pandemic, actions of third parties (including but not limited to hackers, suppliers, governments or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.

17.2 Either you or OMIM may cancel the order by written notice to the other if the event of Force Majeure lasts for a period of fourteen business days or more, in which event neither party shall be liable to the other by reason of such termination (other than for the refund of a product already paid for by you and not delivered).

17.3 Should OMIM have to provide products identical or similar products to more than one customer and is prevented from fully meeting its obligations to you by reason of an Event of Force Majeure, we may decide at our absolute sole discretion which contracts/orders we will perform and to what extent.

18. BRIBERY AND RESTRAINT

You shall comply with all applicable laws, statutes, regulations relating to anti-bribery, anti-competitive and anti-corruption and shall:

a) not (directly or indirectly) induce any employee, agent or subcontractor of OMIM to make any concession to or confer any benefit on OMIM, refrain or withhold from doing any act, in return for any gift, money, or other inducement,

b) not do or omit to do any act that will cause or lead OMIM to be in breach of any of its obligations, and

c) promptly report to OMIM any request or demand for any undue financial or other advantage of any kind received by the Customer in connection with these Terms and Conditions.

19. GENERAL

19.1 This is the whole Agreement between the Parties containing all the express provisions agreed on by the Parties regarding the subject matter hereof.

19.2 No party may rely on any representation which allegedly induced that party to enter into this Agreement, unless the representation is recorded herein.

19.3 No Agreement varying, adding to, deleting from or cancelling this Agreement and no waiver of any right under this Agreement shall be effective unless in writing and signed by or on behalf of the Parties.

19.4 No relaxation by a party of any of its rights in terms of this Agreement at any time shall prejudice or be a waiver of its rights (unless it is a signed written waiver) and it shall be entitled to exercise its rights thereafter as if such relaxation had not taken place.

19.5 If any provision of this Agreement is, or becomes, invalid or unenforceable, it shall be severable from the rest of the Agreement, which shall continue to be binding on the Parties.

19.6 All correspondence shall be addressed by electronic mail to the email address on the contact page of this website.