Terms & Conditions
Nite Owl Europe Ltd.
Terms and Conditions of Use
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Nite Owl Europe Ltd.
Terms and Conditions of Sale
1. Interpretation
The definitions and rules of interpretation contained in this condition apply in these conditions.
1.1 'Buyer ' means the person, firm or company who purchases the Goods and/or Services from
Nite Owl.
1.2 'Nite Owl' means Nite Owl Europe Ltd (a company in England and Wales with number
06905733).
1.3 'Contract' means the contract between the Seller and the Buyer for the sale and purchase of
Goods incorporating these Terms and Conditions.
1.4 'Delivery Date' means the date specified by the Seller when the goods are to be delivered.
1.5 'Delivery Point': the place where delivery of the Goods is to take place, under condition 4.
1.6 'Goods': any goods agreed in the Contract to be supplied to the Buyer by Nite Owl (including
any part or parts of them).
1.7 'Machine' means a Nite Owl CO2 Rechargeable Drinkware Machine.
1.8 'Services' means any work, labour or services performed by Nite Owl under a Contract.
1.9 A reference to a particular law is a reference to it as it is in force for the time being taking
account of any amendment, extension, application or re-enactment and includes any
subordinate legislation for the time being in force made under it.
1.10 Words in the singular include the plural and in the plural include the singular.
1.11 A reference to one gender includes a reference to the other gender.
1.12 Headings are used for convenience and do not affect the interpretation of these conditions.
2. Application of terms
2.1 Subject to any variation made in accordance with condition 2.4, the Contract shall be on these
conditions to the exclusion of all other terms and conditions (including, but not limited to, any
terms or conditions which the Buyer purports to apply under any purchase order, confirmation
of order or other document).
2.2 No terms or conditions endorsed on, delivered with or contained in the Buyer's purchase
order, confirmation of order or other document shall form part of the Contract simply as a
result of such document being referred to in the Contract.
2.3 These conditions shall be deemed to be incorporated in all Contracts. Each Contract is to be
treated as a separate contract and accordingly if there shall be at any time more than one
Contract in the course of performance between Nite Owl and the Buyer and if any question
dispute or difficulty shall arise in respect of one or more of such Contracts, neither the
existence of such question, dispute or difficulty nor the terms on which the same shall be
settled shall in any way affect those other Contracts save that if such question or dispute or
difficulty related to any non-performance of any of the obligations of the Buyer or (without
prejudice to the generality of the foregoing) the non-payment to Nite Owl for the goods
supplied or the services performed then Nite Owl shall be entitled to cease to perform those
other Contracts without liability.
2.4 Any variation to these conditions and any representations about the Goods shall have no
effect unless expressly agreed in writing and signed by a director of Nite Owl. The Buyer
acknowledges that it has not relied on any statement, promise or representation made or
given by or on behalf of Nite Owl which is not set out in the Contract. Nothing in this condition
shall exclude or limit Nite Owl's liability for fraudulent misrepresentation.
2.5 Each order or acceptance of a quotation for Goods by the Buyer from Nite Owl shall be
deemed to be an offer by the Buyer to buy Goods subject to these conditions.
2.6 No order placed by the Buyer shall be deemed to be accepted by Nite Owl until a written
acknowledgement of order is issued by Nite Owl or (if earlier) Nite Owl delivers the Goods to
the Buyer.
2.7 The Buyer shall ensure that the terms of its order and any applicable specification are
complete and accurate.
2.8 Any quotation by Nite Owl is merely an invitation for an order and no Contract shall come into
existence until Nite Owl despatches an acknowledgement of the order to the Buyer.
2.9 Where Nite Owl has not given a written acknowledgment of the Buyer's order these
conditions will nonetheless apply to any contract relating to that order provided that the Buyer
has had prior notice of them.
3. Description
3.1 The quantity and description of the Goods shall be as set out in Nite Owl's quotation or
acknowledgement of order.
3.2 All samples, drawings, descriptive matter, specifications and advertising issued by Nite Owl
and any descriptions or illustrations contained in Nite Owl's catalogues or brochures are
issued or published for the sole purpose of giving an approximate idea of the Goods
described in them and do not form a part of these conditions unless specifically incorporated
into the Contract in accordance with condition 2.4.
4. Buyer's use
4.1 The Buyer shall not modify the Goods.
4.2 The Buyer shall maintain and use the Goods in accordance with any recommendations made
by Nite Owl.
4.3 The Buyer shall have the Goods serviced and/or repaired by Nite Owl (or such other person
firm or corporation as may be nominated by it).
4.4 In the event that the completed purchase order or confirmation of order incorporates (in the
section headed "Conditions and Terms of Use") a "Nominated Location of Use"
('the Location'), the Buyer shall store and use the Machine only at the Location.
5. Delivery
5.1 Unless otherwise agreed in accordance with the provisions of condition 2.4, Nite Owl shall
deliver the Goods, by the means most convenient to Nite Owl, to the address or addresses
specified by the Buyer at the time of placing its order or (in the event that the Buyer fails so to
specify an address) to any address at which the Buyer resides or carries on business;
5.2 Nite Owl shall be under no obligation to give the Buyer the notice specified in section 32(3) of
the Sale of Goods Act 1979.
5.3 The Buyer will be charged separately for packaging, insurance and delivery.
5.4 The Buyer shall make all arrangements necessary to take delivery of the Goods whenever
they are tendered for delivery.
5.5 Any dates specified by Nite Owl for delivery of the Goods are intended to be an estimate.
Time for delivery shall not be of the essence of the contract (and time for delivery shall not be
capable of being made of the essence by notice). If no dates are so specified, delivery shall
be within a reasonable time.
5.6 Nite Owl shall not be liable for any direct, indirect or consequential loss (including, 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 of the Goods (even if caused by Nite Owl's negligence), nor shall any delay
entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 60 days.
5.7 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready
for delivery, or Nite Owl is unable to deliver the Goods on time because the Buyer has not
provided appropriate instructions, documents, licences or authorisations:
5.7.1 risk in the Goods shall pass to the Buyer (including for loss or damage caused by Nite
Owl's negligence);
5.7.2 the Goods shall be deemed to have been delivered (including, without limitation, for
the purposes of condition 8.1.2);
5.7.3 Nite Owl may store the Goods until delivery, whereupon the Buyer shall be liable for
all related costs and expenses (including, without limitation, storage and insurance);
and
5.7.4 Nite Owl shall be entitled to make an additional charge in respect of any costs
incurred as a result of repeated delivery;
and if the Buyer fails to take delivery of the Goods within 90 days Nite Owl may sell the
Goods at the best price readily obtainable and, after deducting all reasonable storage and
selling expenses, account to the Buyer for the excess over the price under the contract for the
sale of the Goods or charge the Buyer for any shortfall below the price under the contract for
the sale of the Goods.
5.8 Nite Owl may deliver the Goods by separate instalments. Each separate instalment shall be
invoiced and paid for in accordance with the provisions of the Contract.
5.9 In the case of delivery of Goods by instalments the Buyer will not be entitled to treat the late
delivery of any one instalment or the delivery of faulty Goods in any one instalment as
repudiation of the Contract.
6. Title and Risk
6.1 Subject to any agreement in writing by Nite Owl, the risk in Goods shall pass to the Buyer on:
6.1.1 delivery; or
6.1.2 the date on which the Buyer defaults (which expression shall have the meaning set
out in condition 8.1.3); or
6.1.3 the date on which the goods being ready for delivery, delivery is postponed at the
Buyer's requests, whichever shall first occur.
6.2 Ownership of the Goods shall not pass to the Buyer until Nite Owl has received in full (in cash
or cleared funds) all sums due to it in respect of:
6.2.1 the Goods and Services; and
6.2.2 all other sums which are or which become due to Nite Owl from the Buyer on any
account (including, without limitation, pursuant to any other contract for the supply of
goods or services).
6.3 Nite Owl shall be entitled to recover payment for the Goods notwithstanding that ownership of
any of the Goods has not passed from Nite Owl.
7. Price
7.1 The prices of goods and services contained in catalogues price lists and other advertising
material published by or on behalf of Nite Owl shall not be binding upon Nite Owl.
7.2 The price for the Goods and/or Services shall be exclusive of any taxes (including, without
limitation, value added tax), duties and other governmental charges 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.
8. Payment
8.1 For the purposes of this clause:
8.1.1 'Delivered Goods' shall mean the whole or any instalment of the Goods which Nite
Owl has agreed to supply;
8.1.2 'relevant date' shall mean the date on which
(a) the invoice is dated; or
(b) Nite Owl despatches the goods; or
(c) the Buyer takes delivery of the Delivered Goods; or
(d) the Buyer defaults;
whichever shall first occur; and
8.1.3 the Buyer defaults if he fails to provide an address for delivery as required by the
Contract or (if it is agreed that the Buyer will take delivery at Nite Owl's premises) he
fails to take delivery in accordance with such agreement.
8.2 Save where expressly stipulated in the purchase order or confirmation of under (in the section
the headed "Conditions and Terms of Use"), payment of the price for the Goods is due in
pounds sterling.
8.3 Unless otherwise agreed by Nite Owl and the Buyer (in accordance with condition 2.4),
payment of the price for the goods is due on:
8.3.1 the date set out in the purchase order or confirmation of order (in the section headed
"Conditions and Terms of Use") provided that, if such date is specified as being "0
days", purchase price for the goods is on the date of acceptance of your order by Nite
Owl; or
8.3.2 (if earlier or if no such date is stipulated) on the relevant date.
8.4 Time for payment shall be of the essence.
8.5 No payment shall be deemed to have been received until Nite Owl has received cleared
funds.
8.6 All payments payable to Nite Owl under the Contract shall become due immediately on its
termination despite any other provision.
8.7 The 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 Nite Owl to
the Buyer.
8.8 The Buyer shall pay to Nite Owl an amount equal to any costs and expenses incurred (on a
full indemnity basis) by Nite Owl in recovering from the Buyer any monies due and payable by
the Buyer to Nite Owl.
9. Failure to pay, cancellation and deferment
9.1 If the Buyer fails to pay Nite Owl any sum due pursuant to the Contract, the Buyer shall be
liable to pay interest to Nite Owl on such sum from the due date for payment at the annual
rate of 5% above the base lending rate from time to time of Barclays Bank Plc, accruing on a
daily basis until payment is made, whether before or after any judgment. Nite Owl reserves
the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
Nite Owl reserves the right to charge £25 for dishonoured cheques.
9.2 If there shall be an intervening event, Nite Owl may, within a reasonable time thereafter, defer
or cancel any further deliveries or services, stop any goods in transit and treat any contract as
determined but without prejudice to its rights to the full price of goods delivered and services
supplied and damages for any loss suffered in consequence of such determination.
9.3 For the purpose of this condition 9 and condition 12.2, an 'intervening event' shall be any of
the following:
9.3.1 failure by the Buyer to make any payment when it becomes due;
9.3.2 breach by the Buyer of any of the terms or conditions of any Contract;
9.3.3 the Buyers proposal for or entry into any composition or arrangement with Creditors;
9.3.4 the presentation against the Buyer of any petition for a bankruptcy order,
Administration order, winding up order or similar process;
9.3.5 the appointment of an administrative receiver or receiver in respect of the business of
any part of the assets of the Buyer; and
9.3.6 Nite Owl forming the reasonable opinion that the Buyer has become or is likely in the
immediate future to become unable to pay his, her or its debts (adopting, in the case
of a Company, the definition of that term set out in section 123 of the Insolvency act
1988).
9.4 Cancellation by the Buyer will only be accepted at the discretion of Nite Owl and, in any case,
on condition that any costs or expenses incurred by Nite Owl up to date of cancellation and all
loss or damage suffered by Nite Owl by reason of such cancellation will be paid by the Buyer
to Nite Owl forthwith. Acceptance of such cancellation will only be binding on Nite Owl if in
writing and signed by a director of Nite Owl.
9.5 Any costs incurred by Nite Owl due to the Buyer failing to take delivery of any Goods or to
allow the performance of any Services will be payable by the Buyer forthwith on demand.
10. Quality
10.1 All Goods (save for any Machines) supplied by Nite Owl are supplied with the benefit of the
terms implied by section 12 of the Sale of Goods Act 1979.
10.2 The Machines shall be supplied with the benefit of a warranty in Nite Owl's standard form (at
the date of the Contract) (see below).
10.3 In performing any Services, Nite Owl shall use reasonable care and skill.
11. Limitation of liability
11.1 The following provisions set out the entire liability of Nite Owl (including any liability for the
acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
11.1.1 any breach of these conditions (including, without limitation, any breach of these
conditions by Nite Owl's employees, agents or subcontractors); and
11.1.2 any representation, statement or tortious act or omission including negligence arising
under or in connection with the Contract.
11.2 All warranties, conditions and other terms implied by statute or common law (save for the
conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent
permitted by law, excluded from the Contract (save insofar as contained herein or as
otherwise expressly agreed by Nite Owl in writing in accordance with condition 2.4) provided
that if and insofar as any legislation or any order made there under shall make or have made
it unlawful to exclude or purport to exclude from the Contract any term or shall have made
unenforceable any attempt to exclude any such term, the provisions of this condition 11 will
not apply to any such term.
11.3 (a) Nite Owl's liability in respect of any defect in or any failure of Goods or Services is
limited to:
(i) (in the case of Goods) re-supplying (with new goods) or (at its discretion)
repairing or paying for the repair or re-supply of goods; and
(ii) (in the case of Services) repairing or resupplying (or paying for the repair or
re-supply of) the relevant services;
in the case of defects apparent upon inspection, within 7 days of (as appropriate)
delivery or completion of the provision of the Services and, in the case of defects not
so apparent, (as appropriate) within 3 months of delivery to the Buyer or completion
of the provision of the Services.
(b) Conditions precedent to Nite Owl's liability hereunder shall be that the Buyer shall
have given to Nite Owl reasonable notice of the defect, failure or error and shall have
provided authority for Nite Owl's servants or agents to inspect the defect or failure in
the Goods or Services.
(c) Nite Owl shall have no other or further liability in respect of any direct, indirect or
consequential loss (including but not limited to loss of profits, loss of business or
other economic loss) or damage sustained by the Buyer arising from or in connection
with any such breach, defect, failure or error as aforesaid.
11.4 Where Nite Owl repairs or re-supplies goods in accordance with the foregoing provisions of
this condition 11 or otherwise, any time specified for delivery shall be extended for such
period as Nite Owl may reasonably require.
11.5 Nite Owl shall not be liable in respect of defect in or any failure of Goods or Services in the
event that such defect or failure shall have arisen as a result (directly or indirectly) of any
failure by the Buyer to comply with its obligations contained in conditions 4.1 to 4.3 (inclusive).
11.6 Nothing in these conditions excludes or limits the liability of Nite Owl:
11.6.1 for death or personal injury caused by Nite Owl's negligence; or
11.6.2 under section 2(3), Consumer Protection Act 1987; or
11.6.3 for any matter which it would be illegal for Nite Owl to exclude or attempt to exclude
its liability; or
11.6.4 for fraud or fraudulent misrepresentation.
11.7 Nite Owl'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.
11.8 Nite Owl shall not be liable to the Buyer for loss of profit, loss of business, or depletion of
goodwill 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.
11.9 This clause and these conditions shall have effect subject to the provisions of section 2 (1) of
the Unfair Contract Terms Act 1977.
12. Retention of title
The following provisions shall apply to all contracts and to all Goods.
12.1 Until ownership of the Goods has passed to the Buyer (as set out in condition 6.2), the Buyer
shall:
12.1.1 hold the Goods on a fiduciary basis, as Nite Owl's bailee;
12.1.2 store the Goods (at no cost to Nite Owl) separately from all other goods of the Buyer
or any third party in such a way that they remain readily identifiable as Nite Owl's
property;
12.1.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the
Goods; and
12.1.4 maintain the Goods in satisfactory condition and keep them insured on Nite Owl's
behalf for their full price against all risks to the reasonable satisfaction of Nite Owl
(and on request the Buyer shall produce the policy of insurance to Nite Owl).
12.2 The Buyer's right to possession of the Goods shall terminate immediately upon the
occurrence of an intervening event (as that term is defined in condition 9.3).
12.3 The Buyer grants Nite Owl, 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.
12.4 Where Nite Owl 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 Nite Owl to the Buyer in the order in which they were invoiced to the
Buyer.
12.5 On termination of the Contract, howsoever caused, Nite Owl's (but not the Buyer's) rights
contained in this condition 12 shall remain in effect.
13. Assignment
13.1 Nite Owl may assign the Contract or any part of it to any person, firm or company.
13.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written
consent of Nite Owl.
14. Force majeure
14.1 For the purpose of this clause 'force majeure' shall mean any circumstances beyond the
control of Nite Owl including (but without prejudice to the generality of the foregoing):-
14.1.1 Acts of God, riots, civil commotion, national or international emergencies, strikes
(including secondary strikes or fuel blockades), lock-outs, work to rules, overtime
bans or other labour disputes.
14.1.2 Destruction or damage due to natural causes, floods, fire, explosions, breakdown of
machinery, sabotage or embargo.
14.1.3 Any order of a local, national, or international authority.
14.1.4 Shortage of labour equipment materials or supplies.
14.2 Nite Owl shall not be held liable or deemed to be in breach of the Contract by reason of any
delay or failure to perform its obligations hereunder to the extent that the same has been
caused or fulfilment of its obligations to the Buyer have been prevented hindered or delayed
by force majeure.
14.3 If Nite Owl is prevented from preparing and/or delivering the Goods or performing part of
Services by reason of force majeure Nite Owl may, at its option, prepare and/or deliver or
perform and the Buyer shall take and pay for such part of the Goods or Services as Nite Owl
shall be able to delivery or perform in accordance with the Contract.
15. General
15.1 Each right or remedy of Nite Owl under the Contract is without prejudice to any other right or
remedy of Nite Owl whether under the Contract or not.
15.2 If 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.
15.3 Failure or delay by Nite Owl 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.
15.4 Any waiver by Nite Owl of any breach of, or any default under, any provision of the Contract
by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in
no way affect the other terms of the Contract.
15.5 The 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.
15.6 This Contract and any dispute or claim arising out of or in connection with it or its subject
matter or formation (including non-contractual disputes or claims) shall be governed by and
construed in accordance with English law, and the parties submit to the exclusive jurisdiction
of the English courts.
16. Communications
16.1 All 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:
16.1.1 in case of communications to Nite Owl:
(a) if by post, to its registered office; or
(b) if by fax, to (+44) (0)191 383 9815;
(or to such changed address or fax number as shall be notified to the Buyer by Nite
Owl); or
16.1.2 in the case of the communications to the Buyer:
(a) if by post, 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;
(b) if by fax, to any fax number of the Buyer set out in any document which
forms part of the Contract;
(or such other address as shall be notified to Nite Owl by the Buyer).
16.2 Communications shall be deemed to have been received:
16.2.1 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
16.2.2 if delivered by hand, on the day of delivery; or
16.2.3 if sent by fax on a working day (being a day other than a Saturday, Sunday or bank or
public holidays in England) prior to 4.00 pm, at the time of transmission and otherwise
on the next working day.
16.3 Communications addressed to Nite Owl shall be marked f
or the attention of the managing
director.
Nite Owl Europe Ltd.
Nite Owl Silver Bullet Machine Warranty
The Nite Owl Silver Bullet Machine ("the Machine") is, subject to the terms and conditions set out below (including, but not limited to, those terms and conditions set out below under the heading "Limitations and disclaimers"), warranted by Nite Owl Europe Ltd. (a company in England and Wales with number 06905733) ("Nite Owl") to be free from defects in material and workmanship under normal usage when installed and operated in accordance with the instruction manual for a period of six months from the date of delivery of the Machine ("the Warranty Period").
This warranty extends only to the person, firm or corporation contracting with Nite Owl to the purchase the Machine ("the Buyer") and no other subsequent owners (regardless of the time at which they buy the Machine from the Buyer). This warranty (and any rights arising under or as a result of it) shall not be capable of being assigned, held in trust or otherwise transferred or disposed of by the Buyer.
If a Machine it is outside the Warranty Period, please seek advice from our Service Centre.
Repair or replacement of the Machine under warranty
The liability of Nite Owl under this warranty is limited to re-supplying (with a new Machine) or (at its discretion) repairing or paying for the repair or re-supply of the Machine.
Conditions precedent to Nite Owl's liability hereunder shall be:
- (i) Notification of any defect with or failure of the Machine being given to Nite Owl in writing within seven (7) days of the defect or failure.
- (ii) The Buyer must fully cooperate and provide information enabling Nite Owl to evaluate the failure or defect (including, but not limited to, the manner in which it has occurred).
Limitations and disclaimers
This warranty shall apply solely in respect of any operational failure during the warranty period. For the purposes of this warranty, "operational failure" is defined as failure relating directly and exclusively to the defects in material and workmanship. This warranty does not extend to any Machine that has been damaged or rendered defective due to accident, misuse or abuse.
The warranty is subject to:
(i) Installation, operation and (where specifically required in the instruction manual) any maintenance of the Machine having been strictly in accordance with the instruction manual and in accordance with any other reasonable instructions and directions which Nite Owl may notify to you from time to time in writing.
(ii) The Machine being stored in the manner referred to in the instruction manual.
(iii) Any items used in connection with the Machine (including, but not limited to, glassware) being supplied only by Nite Owl (or such other person firm or corporation as may be nominated by it).
(iv) The Machine not being modified in any way.
(v) Save in respect of any maintenance referred to as being carried out by you in the instruction manual, the Machine being maintained, serviced and/or repaired only by Nite Owl (or such other person firm or corporation as may be nominated by it).
Except as expressly set forth in this Warranty, there are no other warranties, expressed or implied, including implied warranties of merchantability or fitness for a particular purpose.
Nite Owl shall have no other or further liability to the Buyer in respect of any direct, indirect or consequential loss (including but not limited to loss of profits, loss of business or other economic loss) or damage sustained by the Buyer arising from or in connection with any defect or the failure of the Machine.
Nothing in this warranty excludes or limits the liability of Nite Owl:
(i) for death or personal injury caused by Nite Owl's negligence; or
(ii) under section 2(3), Consumer Protection Act 1987; or
(iii) for any matter which it would be illegal for Nite Owl to exclude or attempt to exclude its liability; or
(iv) for fraud or fraudulent misrepresentation.
Returning your Nite Owl Silver Bullet Machine
Upon receipt of notification of a defect or failure, Nite Owl will use reasonable endeavours to contact the Buyer by phone, with a view to diagnosing and rectifying the defect or failure. If this does not provide possible, the Buyer will be required (at its own costs, save as set out below) to return the Machine to Nite Owl at 55 Highgate, Durham, DH1 4GA, UK (or such other location as Nite Owl may notify to the Buyer) ("the Delivery Location").
Do not return your Machine unless you receive authorisation.
The Machine will be at Nite Owl's risk only from following off-loading of the Machine at the Delivery Location. Should the Machine need to be returned for repairs, ensure all post office specifications are applied, i.e. adequate outer protective carton, correctly addressed and sealed. Obtain a certificate of posting. Damage to any Machine (which is being returned) in transit is the responsibility of the Buyer.
If returning a Machine under this warranty, it must be accompanied by proof and date of purchase.
As soon as is reasonably practicable following receipt of any such Machine, Nite Owl will ascertain the reason for the defect or failure and:
(i) in the event that the defect or failure is covered by this warranty:
(a) as soon as is reasonably practicable, shall (at its discretion) remedy the defect or failure or supply to the Buyer a replacement machine (at Nite Owl's discretion) and deliver the same to the Buyer (at its costs and by means most convenient to Nite Owl);
(b) reimburse the Buyer in respect of any reasonable costs incurred by the Buyer in returning the Machine to Nite Owl) by way of a cheque (or such other method as Nite Owl may specify, acting reasonably) delivered at the time of delivery of the repaired Machine (or replacement machine, as appropriate); or
(ii) in the event that the defect or failure is not covered by this warranty, shall notify the Buyer in writing as soon as is reasonably practicable and (save where agreed in writing to the contrary) shall, as soon as is reasonably practicable return the Machine to the Buyer (by means most convenient to Nite Owl but subject always to the Buyer reimbursing Nite Owl, in advance, in respect of the costs of returning the Machine).
Notices
All 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:
(i) in case of communications to Nite Owl:
(a) if by post, to its registered office; or
(b) if by fax, to (+44) (0)191 383 9815; (or such changed address or fax as shall be notified to the Buyer by Nite Owl);
in the case of the communications to the Buyer:
(c) if by post, 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 Nite Owl by the Buyer).
Communications shall be deemed to have been received:
(i) 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
(ii) if delivered by hand, on the day of delivery; or
(iii) if sent by fax on a working day (being a day other than a Saturday, Sunday or bank or public holiday in England) prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
Communications addressed to Nite Owl shall be marked for the attention of the Managing Director.