The
Customer's attention is drawn to the Clauses hereof which
exclude or limit the Company's liability and those which require
the Customer to indemnify the Company in certain circumstances.
DEFINITIONS AND APPLICATION
1. In these Conditions:-
"Company" Is the BIFA Member trading under these Conditions.
"Person" Includes persons or any Body or Bodies Corporate.
"The Owner" Means the Owner of the goods (including any packaging,
containers or equipment) to which any business concluded under
these Conditions relates and any other person who is or may
become interested in them.
"Customer" Means any person at whose request or on whose behalf
the Company undertakes any business or provides advice, information
or services.
2(A) Subject to Sub-Paragraph (B) below, all and any activities
of the Company in the course of business whether gratuitous
or not are undertaken subject to these Conditions.
(B) If any legislation is compulsorily applicable to any business
undertaken, these Conditions shall, as regards such business,
be read as subject to such legislation and nothing in these
Conditions shall be construed as a surrender by the Company
of any of its rights or immunities or as an increase of any
of its responsibilities or liabilities under such legislation
and if any part of these Conditions be repugnant to such legislation
to any extent such part shall as regards such business be
overridden to that extent and no further.
3 The Customer warrants that he is either the Owner or the
authorised Agent of the Owner and also that he is accepting
these Conditions not only for himself but also as Agent for
and on behalf of the Owner.
THE COMPANY
4(A) Subject to Clauses 11 and 12 below, the Company shall
be entitled to procure any or all of its services as an Agent
or to provide those services as a Principal.
(B) The Company shall on demand by the Customer provide evidence
of any Contract entered into as Agent for the Customer. Insofar
as the Company may be in default of this obligation, it shall
be deemed to have contracted with the Customer as a Principal
for the performance of the Customer's instructions.
5 When the Company contracts as a Principal for any services,
it shall have full liberty a) to perform such services itself
or b) to subcontract the whole or any part of such services
to third parties (including the Company's own parent, subsidiary,
or associated companies).
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