Need help? +44 (0)1529 416200 or sales@kiowa.co.uk
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use.
The term “Kiowa” or “us” or “we” refers to the owner of the website whose registered office is: 18 Northgate, Sleaford, Lincolnshire, NG34 7BJ. Co. Registration No: 02667552. VAT Registration No: 568298385. The term “you” refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any sich inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
Terms and Conditions (09/12/2022)
Welcome to our website. If you continue to browse and use this website you are agreeing to comply
with and be bound by the following terms & conditions of use.
The term ‘Kiowa Ltd’ or ‘us’ or ‘we’ or ‘company’ refers to the owner of the website whose
registered office is: The Reservation, East Road, Sleaford, Lincolnshire NG34 7BY.
- Definitions
1.1 ‘Customer’ means the person who buys or agrees to buy the goods from the Company.
1.2 ‘Conditions’ means the terms and conditions of sale set out in this document and any
special terms and conditions agreed in writing by the Company.
1.3 ‘Goods’ means the [article or articles] products or services which the Customer agrees
to buy from the Company.
1.4 ‘Price’ means the price for the goods excluding carriage, packing, insurance and VAT.
1.5 ‘The Company’ means Kiowa Ltd, The Reservation, East Road, Sleaford, Lincolnshire
NG34 7BY.
1.6 ‘Contract’ means any contract made between the parties that incorporates the
Conditions.
1.7 ‘Products’ means a product displayed for sale on the website.
1.8 ‘Product Description’ means that part of the website where certain terms and
conditions in respect of the individual Product are provided.
1.9 ‘Users’ means the users of the website collectively.
1.10 ‘Personal Information’ means the details provided by you on the registration.
1.11 ‘Website’ or ‘this site’ means the website located at www.kiowa.co.uk or any
subsequent URL which may replace it.
1.12 ‘Cookies’ means small text files which our Website places on your computer’s hard drive
to store information about your shopping session and to identify your computer.
1.13 ‘United Kingdom’ means England, Wales, Scotland, Northern Ireland and the Channel
Islands.
1.14 ‘You’ means a user of this website. - Conditions Applicable
2.1 These conditions shall apply to all contracts for the sale of goods by the Company to the
Customer to the exclusion of all other terms and conditions including terms or
conditions which the Customer may purport to apply and any purchase order
confirmation of order or similar document.
2.2 These Conditions govern our relationship with you. Any changes to these Conditions
must be in writing and signed by both parties. In this way, we can avoid any problems
surrounding what the Company and you are expected to do. You confirm that, in
agreeing to accept the Conditions you have not relied on any representation save in so
far as the same has expressly been made a term of these Conditions and you agree that
you shall have no remedy in respect of any representation. Your Statutory Rights are
not affected by these terms and conditions. Nothing in the clause shall limit or exclude
our liability in respect of any fraudulent or negligent misrepresentation whether or not
such has become a term on the Conditions.
2.3 Any typographical, clerical or other error or omission on the website or in any sales
literature, quotation, price list, acceptance of offer, invoice or other document or
information issued by the Company shall be subject to correction without any liability
on the part of the Company.
2.4 Before you place an order, if you have any questions relating to these terms and
conditions please contact our Technical Sales Team on +44 (0)1529 415551 or email
them at sales@kiowa.co.uk. - Electronic Communication
3.1 When you visit www.kiowa.co.uk or send emails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We will
communicate with you by email or by posting notices on this site. You agree that all
agreements, notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in writing. - Licence and Site Access
4.1 The Company grants you a limited, non-exclusive licence to access and make personal
use of this site providing you do not to download (other than page caching) or modify it,
or any portion of it, except with express written consent of the Company. This license
does not include any resale or commercial use of this site or its contents; any collection
and use of any product listings, descriptions or prices; any derivative use of this site or
its contents; any downloading or copying of account information for the benefit of
another merchant; or any use of data mining, robots or similar data gathering and
extraction tools. This site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial purpose without
express written consent of Kiowa.co.uk. You may not frame or utilise framing
techniques to enclose any trademark, logo or other proprietary information (including
images, text, page layout or form) of Kiowa.co.uk and our affiliates without express
written consent. You may not use any meta tags or any other ‘hidden text’ utilising the
Company’s name or trademarks without the express written consent of the Company.
Any unauthorised use terminates the permission or license granted by the Company. - Registration
5.1 You warrant that:
5.1.1 The personal information which you are required to provide when you
register as a customer is true, accurate, current and complete in all
respects; AND
5.1.2 You will notify us immediately of any changes to the personal information
by contacting our Technical Sales Team on +44 (0)1529 415551 or email
them at sales@kiowa.co.uk.
5.1.3 You agree not to impersonate any other person or entity or to use a false
name or a name that you are not authorised to use. - Indemnity
6.1 You agree fully to indemnify, defend and hold us, and our officers, directors, employees,
agents and suppliers, harmless immediately on demand, from and against all claims,
liability, damages, losses, costs and expenses, including reasonable legal fees, arising
out of any breach of the Conditions by you or any other liabilities arising out of your use
of this Website, or the use by any other person accessing the Website using your
shopping account and/or your Personal Information. - Our Rights
7.1 We reserve the right to:
7.1.1 Modify or withdraw, temporarily or permanently, this Website (or any
part thereof) with or without notice to you and you confirm that we shall
not be liable to you or any third party for any modification to or
withdrawal of the Website;
7.1.2 And/or change the Conditions from time to time, and your continued use
of the Website (or any part thereof) following such change shall be
deemed to be your acceptance of such change. It shall be your
responsibility to check regularly to determine whether the Conditions
have been changed. If you do not agree to any change to the Conditions
then you must immediately stop using the Website. - Disclaimers
8.1 The Company makes no warranties, representations or undertakings about:
8.1.1 Any of the content of this website (including, without limitation, any as to
the quality, accuracy, completeness or fitness for purpose of any such
content);
8.1.2 Or any content of any other website referred to or accessed by hypertext
links or otherwise through this website (‘Third Party Site’).
8.2 The Company does not endorse or approve the content of any Third Party Site, nor will
the Company have any liability in connection with any of them (including, but not
limited to, liability arising out of any allegation that the content of any Third Party Site
infringes any law or the rights of any person or is obscene, defamatory or scandalous).
8.3 Whilst the Company has made every effort to ensure that details and information given
to both our printed and online publications are accurate at the time of issue, full
technical specifications are not necessarily included and furthermore, the Company’s
policy is one of continuous improvement and the right is reserved to alter details and
information as the need arises.
8.4 Accordingly, the Purchaser should check any details and information they wish to rely
on with the Company at the time of purchase. The Company cannot accept liability in
respect of any errors or omissions herein contained or for any loss or damage,
malfunction or consequential loss arising from reliance upon our publications.
8.5 Any products shown in both our printed or online publications do not represent
endorsement by the Company of any other products, services or organisations.
8.6 The colour reproductions of the garments featured in both our printed or online
publications are as accurate as the printing or electronic process will allow.
8.7 The Company will at all times comply with its obligations under the Data Protection Act - For further information please see the Company’s Privacy Policy.
8.8 The Company disclaims any express or implied warranties of fitness for purpose of any
product or service recommendations provided by them, unless the requirements of the
Customer from the Company have been issued in writing, stating what specifications or
standards the Customer requires, together with a detailed description of the
application, which must be formerly accepted in writing by the Company.
8.9 Responsibility for the recording and accuracy of order numbers lies solely with the
Customer when placing any order. - Third Party Links
9.1 To provide increased value to our Users, we may provide links to other websites or
resources for you to access at your sole discretion. You acknowledge and agree that, as
you have chosen to enter the linked website we are not responsible for the availability
of such external sites or resources, and do not review or endorse and are not
responsible for liable, directly or indirectly, for:
9.1.1 The privacy practices of such websites
9.1.2 The content of such websites, including (without limitation) any
advertising, content, products, goods or other materials or services on or
available from such websites or resources or
9.1.3 The use to which the others make of these websites or resources, nor for
any damage, loss or offence caused or alleged to be caused by, or in
connection with, the use of or reliance on any such advertising, content,
products, goods or other materials or services available on such external
websites or resources. - Privacy
10.1When you shop on this website, we will ask you to input and will collect personal
information from you such as your name, email address, billing address, delivery
address, telephone number, product selections, credit card or other payment
information and a password.
10.2 Your Information:
10.2.1 We will retain your information for a reasonable period and take steps to
protect it from unauthorised access. If at any time you no longer want
your information held or stored by us, let us know and we will delete it
from our records.
10.2.2 If at any time you want to alter, correct, add or remove Data that we hold
about you we will be pleased to assist you.
10.2.3 Under Data Protection legislation you are entitled to see the information
we hold about you. This information will normally be provided to you free
of charge upon your request but if to provide such Data involves us in
more than a reasonable amount of time we reserve the right to make a
nominal charge of £10 for such service.
10.3 Third Parties
10.3.1 From time to time we may pass your information to third parties. This
however will only be done with your express consent (which consent you
are free to withdraw at any time) or when we are legally required to do
so. We may also collect, and our third party providers of advertisements
and content may collect, information about where you are on the
internet (e.g. the URL you came from, IP address, domain type like .co.uk
and .com), your browser type, the country and telephone area code
where your computer is located, the pages of our website that were
viewed during your visit, the advertisements you clicked on, and any
search terms that you entered on our website (‘User Information’). We
may collect this information even if you do not register with us.
10.4 Changes
10.4.1 Details of any changes to our privacy policy will be posted on our site
www.kiowa.co.uk and may also be sent to you by email or fax.
10.4.2 Should you have any comments or concerns about our site or the
information we hold on you please contact the Administration Team at
Kiowa Ltd, The Reservation, East Road, Sleaford, Lincolnshire NG34 7BY.
Alternatively you can call us on +44 (0)1529 415551, email us at
admin@kiowa.co.uk, or fax us on +44 (0)1529 415552.
10.4.3 We will treat all your personal information as confidential (although we
reserve the right to disclose this information in the circumstances set out
below). We will keep it on a secure server and we will fully comply with
all applicable UK Data Protection and consumer legislation from time to
time in place.
10.4.4 You should be aware that this site is being monitored and may capture
information about your visit that will help us improve the quality of our
service.
10.4.5 We use your information only for the following purposes:
10.4.5.1 Processing your orders;
10.4.5.2 For statistical or survey purposes to improve this Website and
its services to you;
10.4.5.3 To serve website content and advertisements to you;
10.4.5.4 To administer this website
10.4.5.5 If you consent, to notify you of products or special offers that
may be of interest to you.
10.4.6 You agree that you do not object to us contacting you for any of the
above purposes whether by telephone, email or in writing and you
confirm that you do not and will not consider any of the above as being a
breach of any of your rights under the Privacy and Electronic
Communications (EC Directive) Regulations 2003.
10.4.7 When you create a shopping account while ordering online you will be
given the option to receive information from the Company by post, email
or telephone, about products, promotions or special offers which we feel
may be of interest to you.
10.4.8 In the event that you do not wish to be contacted for such purposes,
ensure that you tick the appropriate box as you go through the
registration process. You may unsubscribe from our contact list at any
time by replying to a promotional email with the word ‘unsubscribe’ in
the subject line by email sales@kiowa.co.uk or telephone +44 (0)1529
415551.
10.4.9 You should be aware that if we are requested by the police or any other
regulatory or government authority investigating suspected illegal
activities to provide your Personal Information and/or User Information,
we are entitled to.
10.4.10 We use Cookies to keep track of your current shopping session to
personalise your experience and so that you may retrieve your shopping
basket at any time – if you do not accept Cookies you will be unable to
use this website.
10.4.11 Please check back frequently to see any updates or changes to our
privacy policy. Questions regarding this Policy should be directed to
admin@kiowa.co.uk. - Purchase of Products
11.1Orders
11.1.1 We will take reasonable care, in so far as it is in our power to do so, to
keep the details of your order and payment secure, but in the absence of
negligence on our part we cannot be held liable for any loss you may
suffer if a third party procures unauthorised access to any data you
provide when accessing or ordering from the website.
11.2 Contract creation and electronic contracting
11.2.1 The technical steps required to create the contract between you and us
are as follows:
11.2.1.1 You place the order for your products on the Website by
pressing the Process Payment button at the end of the checkout
process. You will be guided through the process of placing an
order by a series of simple instruction on the Website.
11.2.1.2 We will send to you an order acknowledgement email detailing
the products you have ordered. This is not an order acceptance
from the Company.
11.2.1.3 Order acceptance and the completion of the contract between
you and us will take place on the despatch to you of the
Products ordered unless we have notified you that we do not
accept your order, or you have cancelled it in accordance with
the instructions in Change or Cancel an order.
11.2.2 Non-acceptance of an order may be a result of one of the following:
11.2.2.1 The product you ordered being unavailable from stock.
11.2.2.2 Our inability to obtain authorisation for your payment.
11.2.2.3 The identification of a pricing or product description error.
11.2.2.4 You not meeting the eligibility to order criteria set out in the
main Terms & Conditions.
11.3Delivery
11.3.1 The Company will use all reasonable endeavours to adhere to any time
stated for delivery but any dates quoted for delivery are approximate
only the Company shall not be liable for any delay in delivery of the goods
however caused.
11.3.2 The Company will 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 like loss),
costs, damages, charges or expenses caused directly or indirectly by any
delay in the delivery of the goods (even if caused by the Company’s
negligence), nor will any delay entitle the Customer to terminate or
rescind the Contract unless such delay exceeds [180] days.
11.3.3 Terms and conditions for delivery are only applicable in the UK. For
delivery outside the UK please contact the Company’s export department
by email at admin@kiowa.co.uk.
11.3.4 Unless otherwise agreed delivery of the goods shall take place at the
Customer’s place of business.
11.3.5 Where the Company makes delivery of the goods to the Customer’s place
of business or any other place as agreed in writing, all charges in relation
to carriage, including, without limitation to, transport costs, insurance
and unloading, will at the Company’s option, be borne to the Customer.
11.3.6 If for any reason the Customer does not accept delivery of any of the
goods when they are ready for delivery then the goods will be deemed to
have been delivered, risk passing to the Customer (including for loss or
damage caused by the Company’s negligence) and the Company may;
11.3.6.1 Store the goods until actual delivery whereupon the Customer
will be liable for all related costs and expenses (including
without limitation to storage and insurance); OR
11.3.6.2 Sell the products at the best price readily obtainable and (after
deduction of all reasonable storage and selling expenses) charge
the Customer for any shortfall below the Contract price.
11.3.7 The Company reserves the right to deliver in instalments and any failure
to deliver one instalment will not entitle the Customer to terminate the
Contract.
11.4 The Price and Payments
11.4.1
11.4.2
11.4.3
The Price for the goods shall be the price set out in the Company’s price
list, published on the date of delivery or deemed delivery. The price is
exclusive of VAT.
Payment of the Price and VAT shall be due within 30 days of the date of
their invoice.
Interest on overdue invoices shall accrue from the date when payment
becomes due entitle date of payment at a rate of 2.5% per month and
shall accrue at such a rate after as well as before any Court Judgment.
11.4.4 The Company reserves the right, by giving notice to the Customer before
delivery, to increase the price of the goods to reflect any increase in the
cost to the Company which is due to any factor beyond the control of the
Company (such as, without limitation, any foreign exchange fluctuations,
currency regulation, alteration of duties, significant increases in the costs
of labour, materials or other costs of manufacture) any changes in
delivery dates, quantities or specifications for the goods which is
requested by the Customer, or any delay caused by any instructions of
the Customer or failure by the Customer to give the Company adequate
information or instructions.
11.5 Retention of Title
11.5.1 Until full payment of the monies due by the Customer to the Company:-
11.5.1.1 The title in the Goods will not pass to the Customer but the risk
in the Goods shall be borne by the Customer from the date of
the delivery by the Company, it’s servants, agents or otherwise
to the Customer AND;
11.5.1.2 The Customer shall (at its own expense) store the Goods
separately from all other goods in its possession, marked in such
a way that they are clearly identified as the Company’s property
and stored in a proper manner suitable to the type of goods
involved AND;
11.5.1.3 The Customer shall insure and keep insured the Goods to the
full Price against ‘all risks’ to the reasonable satisfaction of the
Company until the date that property in the Goods passes to
the Customer and shall whenever requested by the Company
produce a copy of such policy of insurance AND;
11.5.1.4 The Customer irrevocably authorises the Company, its servant,
agents or otherwise to enter the premises where the said Goods
are and to remove these in the event of:-
11.5.1.4.1 Any distress or execution being levied upon any of
the assets of the Customer; AND/OR
11.5.1.4.2 The commencement of legal proceedings against the
Customer for the purpose of insolvency, bankruptcy
or liquidation; AND/OR
11.5.1.4.3 A Receiver is appointed over the whole or any part of
the Customers undertaking; AND/OR
11.5.1.4.4 Any meeting or creditors of the Customer is called.
11.5.2 The goods must not be sold by the Customer.
11.6 Restocking Charge
11.6.1 A 20% restocking charge will be made in respect of current stock items
returned as incorrectly ordered by the Customer. The Company will not
accept return of any Goods specially ordered or manufactured to the
Customers requirements. - Safety and Product Recalls
12.1 The Customer shall comply at all times with the written instructions and all written
guidelines issued from time to time attached to the goods concerning their storage and
use and the Customer shall refer its employees and its customers to such instructions
and guidelines.
12.2 The Customer should satisfy itself that the persons responsible for the storage and use
of any goods supplied by the Company have all the information required on health and
safety and the Company shall not be liable to the Customer in any civil proceedings
brought by the Customer against the Company in respect of a breach of the user
instructions or any applicable health and safety legislation or any regulations, orders or
directions made pursuant to such health and safety legislation in force from time to
time or under any directive, regulation, order or other instrument relating to health and
safety where such exclusion of liability is permitted by law.
12.3 The Customer shall keep the Company properly informed of all customer complaints
concerning the goods and shall comply with any directions of the Company in any
issues, proceedings or negotiations relating to such complaint.
12.4 In the event of any recall of the goods by the Company the Customer shall cooperate
fully and promptly with any steps taken by the Company under the Condition below.
12.5 The Company may at its discretion recall any goods already sold by the Company to its
Customers, (whether for a refund or credit or for replacement of the goods which shall
in each case be undertaken by the Company) and/or issue any written or other
notification to its customers about the manner of use of any goods already sold by the
Company to its Customers. The Customer agrees to give all reasonable assistance to the
Company or the manufacturer in resisting any claim which may arise under any recall of
product by the Company or the manufacturer of such product. - Description of Products
13.1Each product purchased is sold subject to its Product Description which sets out
additional Specific Conditions related to that Product including, without limitation,
terms and conditions concerning estimated delivery dates and times.
13.2We will take all reasonable care to ensure that all details, descriptions and prices of
Products appearing on the Website are correct at the time when relevant information
as entered onto the system. Although we aim to keep the Website as up to date as
possible, the information including Product Descriptions appearing on this Website at a
particular time may not always reflect the position exactly at the moment when you
place an order. We cannot confirm the price of a Product until your order is accepted in
accordance with our Order acceptance policy. - Examination of Goods
14.1 It is the responsibility of the Customer to examine the goods immediately upon
delivery.
14.2 The Company will accept no responsibility for shortage, loss or damage unless:-
14.2.1 Any shortage or damages is noted on the delivery sheet; AND
14.2.2 All carriers conditions have been complied with in full by the Customer or
consignee; AND
14.2.3 A clear signature has been given on the delivery sheet and/or notification
in writing of any damage or shortage is sent to the Company and also to
any carriers immediately; AND/OR
14.2.4 Notification in writing of non delivery is sent to the Company within 14
days of this invoice. The quantity of any consignment of goods as
recorded by the Company upon despatch from the Company’s place of
business shall be conclusive evidence of the quantity received by the
Customer on delivery unless the Customer can provide conclusive
evidence proving the contrary. - General
15.1 Intellectual Property and Right to Use
15.1.1 You should acknowledge and agree that all copyright, trademarks and all
other intellectual property rights in all material or content supplied as
part of the Website shall remain at all times vested in us or our licensors.
You are permitted to use the material only as expressly authorised by us
or our licensors.
15.1.2 You acknowledge and agree that the material and content contained
within the Website is made available for your personal non-commercial
use only and that you may (if necessary to make a Purchase) download
such material and content onto only one computer hard drive for such
purpose. Any other use of the material and content of the Website is
strictly prohibited. You agree not to (and agree not to assist or facilitate
any third party to) copy, reproduce, transmit, publish, display, distribute,
commercially exploit or create derivative works of such material and
content.
15.1.3 If any provision of these conditions is held by any competent authority or
court to be invalid or unenforceable in part the validity of the other
provisions of these conditions and the remainder of these provisions in
question shall not be affected.
15.1.4 Any information relating to details of the Company’s business operations,
proprietary rights and techniques, contemplated new products and
Customer lists given by the Company must be treated by the Customer as
confidential and not divulged to any third party without the prior written
consent of the Company. This obligation does not relate to information
which is public knowledge through no fault of the Customer.
15.1.5 Responsibility for the recording and accuracy of order numbers lies solely
with the Customer when placing any order.
15.1.6 This contract is subject to the laws of England and Wales. - Compliance with Laws
16.1 The Website may be used only for lawful purposes and in a lawful manner. You agree to
comply with all applicable laws, statutes and regulations regarding the Website and any
transactions conducted on or through the Website. - Warranties and Liabilities
17.1The Company disclaims any express or implied warranties of fitness for purpose of any
product or service recommendation provided by them, unless the requirements of the
Customer from the Company have been issued in writing, stating what specifications or
standards the Customer requires, together with a detailed description of the
application, which must be formerly accepted in writing by the Company.
17.2Under no circumstances will the Company replace any goods in advance without being
able to examine the goods for themselves. Examination may also include examination
by the manufacturer.
17.3The Customer is responsible for the costs of transporting defective goods to the
Company for repair or replacement. When returning goods the Customer must quote a
returns number on the packaging (which can be obtained from the Company) and
provide a written description of the defect which the Customer claims is covered by the
Warranty. If the Customer does not comply with this procedure the Company shall have
no obligation to consider the Customer’s claim.
17.4The Company shall not be liable for any breach of any warranty where:-
17.4.1 The Customer fails to notify the Company in writing of the alleged defect
within 3 days of the time when the Customer discovers or ought to have
discovered the defect; OR
17.4.2 The Customer makes any further use of the goods after giving such
notice; OR
17.4.3 The defect arises because the Customer failed to follow the Company’s
oral or written instruction as to the storage, commissioning, use or
maintenance of the goods or good trade practice; OR
17.4.4 The Customer alters or repairs the goods without the written consent of
the company; OR
17.4.5 In respect of any defect arising from wilful damage or negligence; or
17.4.6 If the total price for the goods has not been paid by the due date for
payment; OR
17.4.7 There is any type of defect or damage specifically excluded by the
Company by notice in writing.
17.5 Any goods replaced will belong to the Company and any repaired or replacement goods
will be guaranteed on these terms for unexpired portion of the warranty.
17.6 The Company reserves the right to repair or replace any goods found to be in breach of
warranty.
17.7 Save for sales to consumers all warranties, conditions and other terms implied by the
stature or common law (save for the conditions implied by Section 12 of the Sale of
Goods Act 1979 and as amended) are, to the fullest extent permitted by law, excluded
from the contract.
17.8 The Company’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 this contract shall be limited to the
contract price.
17.9 The warranties set out in this document are the only warranties which shall be given by
the Company and all warranties, conditions and other terms implied by statute are
expressly excluded. - Limitation of Liability
18.1While we will use reasonable endeavours to verify the accuracy of any information we
place on the Website, we make no warranties, whether express or implied in relation to
its accuracy. The Website is provided on an ‘as is’ and ‘as available’ basis without any
representation or endorsement made and we make no warranties of any kind, whether
express or implied, in relation to the Website, or any transaction that may be conducted
on or through the Website including but not limited to, implied warranties of noninfringement,
compatibility, security, accuracy, conditions of completeness, or any
implied warranty arising from course of dealing or usage or trade.
18.2We make no warranty that the Website will meet your requirements or will be
uninterrupted, timely or error-free, that defects will be corrected, or that the site or the
server that makes it available are free of viruses or bugs or represents the full
functionality, accuracy and reliability of the Website. We will not be responsible or
liable to you for any loss of content or material uploaded or transmitted through the
Website.
18.3 To the fullest extent permissible under applicable law, we disclaim any and all
warranties of any kind, whether express or implied, in relation to the Products. This
does not affect your statutory rights as a consumer.
18.4We will not be liable, in contract, tort (including, without limitation to, negligence), precontract
or other representations (other than fraudulent or negligent
misrepresentations) or otherwise out of or in connection with the Conditions for:
18.4.1 Any economic losses (including without limitation loss of revenues,
profits, contracts, business or anticipated savings); OR
18.4.2 Any loss of goodwill or reputation; OR
18.4.3 Any special or indirect losses suffered or incurred by that party arising out
of or in connection with the provisions of any matter under the
Conditions.
18.5Nothing in the Conditions shall exclude or limit our liability for death or personal injury
resulting from our negligence or that of our servants, agents or employees. - Severance
19.1 If any part of the Conditions shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from the
Conditions and shall not affect the validity and enforceability of any of the remaining
provisions of the Conditions. - Waiver
20.1No waiver by us shall be construed as a waiver of any proceeding or succeeding breach
of any provision. - Law
21.1 The Conditions shall be governed by and construed in accordance with the laws of
England and you irrevocably submit to the exclusive jurisdiction of the courts of
England. - Contact
22.1 The company business address of Kiowa Ltd is: The Reservation, East Road, Sleaford,
Lincolnshire NG34 7BY.