Oceanair - The Specialist Distributor

TERMS & CONDITIONS OF SALE

GENERAL

1.1 In these conditions “the Company” shall mean Ocean Air Distribution Ltd and “the Products”
shall mean all goods to be supplied under this Contract. All quotations are made and all orders
accepted subject to these conditions. All other terms conditions or warranties whatsoever are
excluded from the contract or any variation thereof unless expressly accepted by the Company in
writing (order acknowledgements do not constitute such acceptance). In the event of a conflict
between these conditions and the specific terms and conditions of quotation then the latter will
prevail. Acceptance by the Customer of delivery of the Products shall be deemed to constitute
unqualified acceptance of these conditions.

1.2 Unless otherwise stated therein quotations shall be available for acceptance for a maximum
period of 30 days from issue and may be withdrawn at any time by written or oral notice.

1.3 Any statement or representation (other than in the Company’s quotation or order
acknowledgement) by the Company its servants or agents upon which the Customer wishes to
rely must be set out in writing and attached to or endorsed on the Customer’s order and in any
such case the Company may confirm, reject or clarify the point and submit a new quotation.
Any statement or representation which is not so confirmed in writing is followed or acted upon
entirely at the Customer’s own risk and the Company shall have no liability in negligence or
otherwise in connection therewith.

1.4 The contract is between the Company and the Customer as principals; neither the benefit nor the
burden is assignable by the Customer without the Company’s written consent; the contract may
be assigned or sub-contracted by the Company.

1.5 Unless specifically agreed to the contrary all trade terms shall be interpreted in accordance with
current ICOTERMS.

1.6 If, subsequent to any contract of sale which is subject to these conditions, a contract of sale is
made with the same Customer without reference to any conditions of sale or purchase, such
contract howsoever made shall be deemed to be subject to these conditions.

DELIVERY

2.1 Unless otherwise agreed in writing by the Company delivery shall be deemed to take place in the
case of ex-works sales when the Products are made available for collection by the Customer or
its carrier and in all other cases upon delivery by the Company to the agreed mainland UK
delivery point airport or port.

2.2 Delivery is dependent upon prompt receipt of all necessary information drawings final
instructions and approvals from the Customer and any delays or alterations by the Customer may
result in delayed delivery for which the Company shall not be responsible.

2.3 All dates and periods for delivery are estimated and do not constitute fixed times for delivery by
the Company. Unless otherwise expressly agreed in writing by the Company the Customer shall
have no right to damages or to cancel the contract for failure for any cause to meet any delivery
times given in the contract or subsequently set and even if it is expressly so agreed the liability
in damages to the Company for delay in delivery shall not in any event exceed 5% of the net
invoice value of the delayed Products or £10,000 whichever is the less.

2.4 Notwithstanding clause 2.3 the Customer shall be obliged to accept delivery on the date or
within the period stated in the quotation or order acknowledgement or (if none is so stated) in
the order or (if none is so stated) one month after the issue of notice in writing by the Company
requiring the Customer to accept delivery (such notice may relate to all or part of the Products
and shall be valid and effective as aforesaid whether or not in the contract allowed the Customer
to schedule or call–off deliveries over a specified period which has expired or an unspecified
period). Failure by the Customer either to take delivery of or to make payment in respect of any
one or more instalments of Products shall entitle the Company to treat the whole contract as
repudiated by the Customer.

2.5 Where the Customer requests that the Company agrees to postpone delivery or where delivery is
otherwise postponed without default by the Company shall pay all costs and expenses including
reasonable charge for storage and transportation occasioned thereby and the Customer shall pay
for the Products in accordance with these conditions as if the same had been delivered in the
ordinary course without reference to the postponement or at the Company’s option shall make a
payment on account equal to the cost incurred by the Company in purchasing the raw materials
required to produce the Products.

2.6 Unless otherwise expressly agreed the Company may effect delivery in one or more instalments.
Where delivery is effected by instalments each instalment shall be treated as a separate contract
governed by these conditions. No delay in the delivery of any instalment of Products or any
defect therein shall entitle the Customer to terminate the remainder of the contract.

RISK AND TITLE

3.1 The Equipment is at the risk of the Client from the time of delivery.

3.2 Ownership of the Equipment shall not pass to the Client until Oceanair Distribution Limited has received in full (in cash or cleared funds) all sums due to it in respect of:-

(a) the Works;
(b) the Equipment (if applicable); and
(c) all other sums which are or which become due to the Oceanair Distribution Limited from
the Client on any account.

3.3 Until ownership of the Equipment has passed to the Client the Client shall:-

(a) hold the Equipment on a fiduciary basis as Oceanair Distribution Limited’s bailee;
(b) ensure any remains readily identifiable as Oceanair Distribution Limited’s Equipment;
(c) Not destroy, deface or obscure any identifying mark or packaging on or relating to the
Fittings or Equipment; and
(d) maintain the Equipment in satisfactory condition and keep them insured on Oceanair
Distribution Limited’s behalf for their full price against all risks to the reasonable
satisfaction of Oceanair Distribution Limited.

3.4 The Client’s right to possession of the Equipment shall terminate immediately if:

(a) The Client has a bankruptcy order made against him or makes an arrangement of
composition with his creditors, or otherwise takes the benefit of any statutory provision
for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Client or notice of intention to appoint an administrator is given by the Client or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Client or for the granting of an administration order in respect of the Client or any proceedings are commenced relating to the insolvency or possible insolvency of the Client; or

(b) the Client suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under this agreement or any other contract between Oceanair Distribution Limited and the Client, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Client.

(c) The Client encumbers or in any way changes any of the Equipment.

3.5 Oceanair Distribution Limited shall be entitled to recover payment for the Equipment notwithstanding that ownership of any of the Equipment has not passed from Oceanair Distribution Limited.

3.6 The Client grants Oceanair Distribution Limited its agents and employees an irrevocable licence at any time to enter any premises where Equipment are or may be stored in order to inspect them, or, where the Client’s right to possession has terminated, to recover them.

3.7 On termination of this agreement, howsoever caused, Oceanair Distribution Limited’s (but not the Client’s) rights contained in this condition 14 shall remain in effect.

CANCELLATION AND AMENDMENT

4.0 No contract can be amended or cancelled except with the Company’s written approval and
should such approval be given the Customer shall indemnify the Company against any costs
losses or expenses resulting from any cancellation or amendment.

PRICES

5.1 Unless otherwise agreed in writing all prices are net for delivery ex works and VAT is payable
in addition.

5.2 The Company shall be entitled at any time to make a reasonable adjustment to the price in the
event of any alteration in quantity design or specification requested by the Customer.

5.3 The price of Products being copper tubes to British Standard Specification No. 2871 Part 2 1972
are subject to variation at the Company’s option as follows:

5.3.1 for any Products delivered between three and six months from the date of acceptance of
order, to take account of increases in the Company’s costs other than raw material costs
since the date of acceptance of order.

5.3.2 for any Products delivered beyond six months from the date of acceptance of order, to
take account of increases in the Company’s prices and costs including raw material
costs since the date of acceptance of order so that the price payable shall not be less
than the Company’s price therefore current at the date of invoice.

5.4 The price of Products not being copper tubes to British Standard Specification No. 2871 Part 2
are subject to variation at the Company’s option for any Products delivered later than six months
after the date of accepting of order, to take account of increases in costs including increases in
raw materials costs but excluding raw material costs increases if delivery is made and was due to
be made later than six months after the date of acceptance of order on a date fixed at the time of
contracting.

5.5 Charges made on the Company’s invoice for cases will be credited on their return to the
Company’s Works carriage paid and in good re-usable condition otherwise an additional charge
will be made in respect of their costs.

5.6 The Customer shall be liable to the Company for any demurrage costs incurred in the event of
vehicles being unduly delayed at the point of delivery.

TERMS OF PAYMENT

6.1 Unless otherwise agreed by the Company in writing payment shall be made thirty days from the
day of invoice and the Company shall be entitled to issue invoices in the month in which the
Products are delivered or would have been delivered save for postponement otherwise than due
to default on the part of the Company. Time for payment of the price is of the essence of the
contract.

6.2 No disputes arising under this or any other contract shall interfere with prompt payment in full
and the Customer agrees to waive any and all rights of set-off howsoever arising.

6.3 In the event of default in payment by the Customer the Company shall be entitled without
prejudice to any other right or remedy:

6.3.1 to suspend without notice all further deliveries on this or any other contracts between
the Company and the Customer

6.3.2 to charge interest (after as well as before judgement) on any amount outstanding at the
rate of 2% per annum above the Base Rate of HSBC Bank plc in force at the time when
payment was due; and or

6.3.3 to serve notice on the Customer requiring immediate payment for all goods supplied by
the Company under this and all other contracts between them whether or not payment is
otherwise due or invoice.

SPECIFICATIONS

7.1 Subject to clause 7.2 the Products shall be generally in accordance with the published
specification of the Company therefore (if any) of normal industrial quality or as otherwise
required by the contract.

7.2 The Company reserves the right to make changes in dimensions or other specifications of the
Products as are required to conform to application standards or laws or are otherwise within
reasonable limits having regard to the nature of the Products. Dimensions specified by the
Company are to be treated as approximate only unless it is specifically agreed in writing that
exact measurements are required.

LOSS SHORTAGES AND DAMAGE APPARENT ON DELIVERY INSPECTIONS

8.1 The Customer shall have no claim for loss, shortages or damage on delivery which are or would
be apparent on inspection unless the Customers:

8.1.1 unpacks and inspects the Products as soon as reasonably practicable following receipt;

8.1.2 notifies the Company of any loss, shortages or damage (otherwise than by a qualified
signature on the delivery note) within three working days of receipt; and

8.1.3 demonstrates to the satisfaction of the Company that such loss shortages or damage
occurred prior to delivery.

8.2 The Customer shall have no rights in respect of loss shortages or damage unless the Company is
given a reasonable opportunity to inspect the Products and investigate any complaint before any
use or alteration to or interference with the Products.

8.3 On a valid complaint made in accordance with this clause 8 the Customer shall be entitled to
repairs to or replacements for the affect Products or at the Company’s option a credit for the
price thereof but the Company shall have no further liability whatsoever. If a complaint of loss
shortages or damage on delivery is not made to the Company in accordance with this clause 8
then the Products shall be deemed to be delivered complete and undamaged in accordance with
the contract and the Customer shall be bound to pay for the same accordingly.

8.4 Loss shortages or damage in a delivery or any instalment delivery shall not be a ground for a
termination of the contract and the Customer shall be bound to pay for the same accordingly.

WARRANTY 3 YEAR PARTS - FUJITSU/SANYO/LG SPLIT AIR CONDITIONERS

PERIOD

9.0 Ocean Air Distribution Limited (“Ocean Air”) warranty is for a period of 36 months from the
date of delivery of the products to the Customer (being the person, firm or company placing
the order).

Any replacement or repair within the warranty period will not extend the original period of
guarantee on that item

COVER

9.1 a) This warranty is personal to the first purchaser from Ocean Air and is non-
transferable.

b) Within the warranty period subject to clause 4 the equipment is guaranteed against
faults in material providing:

c) The equipment has been purchased from Ocean Air.

d) The equipment has been installed by an Ocean Air authorised dealer/installer in
accordance with the manufacturer’s recommendations.

e) An Ocean Air authorised installer has maintained the equipment. If requested,
evidence that maintenance has been completed at least twice a year, must be
provided.

f) If the equipment has not been installed and maintained as above the warranty is null
and void.

PRODUCTS

9.2 The warranty applies to Fujitsu/Sanyo/LG split air conditioners only.

EXCLUSIONS

9.3 a) Ocean Air’s obligation under this warranty shall not apply to any product or part
thereof which has been modified by the customer without Ocean Air’s prior written
approval or has not been properly stored, used, maintained or repaired so as to
materially affect the product or parts.

b) Expendable parts (e.g. fuses/filters) that are regularly replaced due to normal use are
excluded from this warranty. Also Ocean Air shall have no liability or otherwise in
respect of ordinary wear and tear, or damage to paintwork or other surfaces however
caused, including through the fault of Ocean Air.

c) This guarantee excludes consequential loss damages of any nature.

d) Ocean shall have no liability whatsoever where the alleged breach, failure or defect is
caused by:

i) any failure to follow Fujitsu/Sanyo/LG’s instructions for the installation, use
and/or maintenance of Goods as supplied with the equipment;

ii) any failure to install, use and/or maintain Goods in accordance with usual
and prudent practices applicable to Goods of a similar type;

iii) accident, vandalism or deliberate or negligently caused damage (whether
caused by the customer or any third party);

iv) any force majeure event or any actions or omissions of the customer, its
agents or servants, or any third party.

e) The following are not covered by warranty:

i) Faults arising from damage or negligence on the part of the installer or end
user.

ii) Installation faults

iii) Faults arising from incorrect electrical wiring/supply

iv) All piping faults

v) All condensate drainage system faults

vi) Mechanical adjustments ie tighten compressor mountings

vii) Claims relating to recharging units due to leaking valves

SCOPE

9.4 a) This warranty covers spare parts costs only. Ocean Air will replace items covered by
the Warranty Agreement free of charge.

b) Ocean Air will not be liable for any other costs whatsoever, including labour costs,
subsistence, hotel or travelling costs etc.

c) Ocean Air shall make final determination of warranty eligibility. If a warranty claim is found to be invalid for any reason, the customer will be charged for services performed and expenses incurred by Ocean Air in relation to the warranty claim.

GENERAL

9.5 a) Warranty replacements may be subject to investigation by Ocean Air and/or their
appointed representatives. Ocean Air reserves the right to have the replacements
installed by themselves or a third party.

b) The warranty is subject to Ocean Air’s terms of payment being adhered to.

c) Ocean Air reserves the right to charge for replacement equipment and shipping costs
if the return of the faulty item to Ocean Air is not made within 14 days of receiving
replacement equipment, or if the equipment is found not to be defective.

d) In the case of compressors Ocean Air may ask an independent engineer to examine
the faulty items and submit a report as to why the failure occurred. If the fault is due
to negligence/poor maintenance etc then the replacement will be charged as well as
the cost of the report.

e) This Warranty Agreement will remain in effect until further notice and Ocean Air
reserve the right to change, modify or alter this Agreement in any shape or form and
without notice.

WARRANTY CLAIM PROCEDURE

9.6 a) Ocean Air will only accept a claim for warranty replacement provided model and
serial numbers are given along with purchase date. Replacement goods will be
despatched and invoiced on receipt of these.

b) The faulty equipment must be returned to Ocean Air within 14 days of receipt of the
replacement equipment. Ocean Air may ask that certain equipment not to be
returned.

c) Once Ocean Air has received the failed equipment then after testing an appropriate
credit note will be issued. If the testing shows that the fault is due to negligence then
no credit will be issued for the replacement part and invoice will stand.

d) Any claim not submitted in accordance with Ocean Air’s procedure will not be
considered for credit.

LIABILITY

10.1 The Company does not exclude liability arising under Section 12 of the Sale of Goods Act
1979 (good title) or for death or personal injury caused by its negligence as defined in the
Unfair Contract Terms Act 1977.

10.2 Save as provided under clauses 8, 9 and 10.1 the Company shall have no liability to the
Customer in connection with or arising from any defect or failure in the Products or otherwise
due to the quality condition suitability durability safety or any other aspect or feature of the
Products except to the extent that the total aggregate liability of the Company does not exceed
the lesser of £20,000 and the net invoice value of the Products supplied under the contract.
The Customer agrees to insure adequately to cover any loss or damage in excess of the
aforesaid limit of the Company’s liability.

10.3 In clause 10.2 the term “liability” means any form of liability whatsoever including but not
limited to liability in misrepresentation and under contract common law equity and any
statutory provision whether or not based on negligence or breach of any express or implied
duty to act with care or skill.

10.4 Without prejudice to clause 10.1 but notwithstanding any other provisions of these conditions
the Customer shall have no claim against the Company in respect of any consequential or
financial loss whether direct or indirect including but not limited to any costs of dismantling
fitting or other work required in connection with the provision of a repair or replacement any
loss of production profits contracts or anticipated savings and any claims made against the
customer by any third party.

10.5 To the extent that any liability of the Company is expressed to be limited or excluded by these
conditions the Customer shall indemnify the Company in respect thereof.

CONFIDENTIAL INFORMATION ETC

11.0 All drawings documents records computer software and other information supplied by the
Company are supplied on the express understanding that copyright is reserved to the Company
and that the Customer will not without written consent of the Company either give away loan
exhibit or sell the same or extracts therefrom or copies thereof or use the same in any except
in connection with the Products in respect of which they are issued.

PATENT INDEMNITIES

12.1 If the Customer is subject to a claim or threatened with any action alleging that the Products in
the form supplied infringe any patent copyright design right or other intellectual property
rights then provided that the Customer promptly informs and fully co-operates with the
Company and if requested allows the Company the conduct and defence thereof on the
Customer’s behalf, the Company will indemnify the Customer against any award of damages
for infringement made in any such action by a court or other competent body against the
Customer. Further, if the Products are infringing the Customer agrees that the Company shall
have the option at its own expense either to modify the Products so that they do not infringe;
to replace the Products with a non-infringing substitute; to procure for the Customer the right
for the Customer to continue its use of the Products; or to repurchase the Products from the
Customer at the price paid by the Customer less an allowance for the use made thereof.

12.2 The Company shall have no liability in respect of claims for infringement or alleged
infringement of third parties’ patent or other intellectual property rights arising from the
manufacture or supply of the Products to the Customer’s instructions or in accordance with
design plans for specifications given by the Customer and the Customer shall indemnify the
Company against all losses damages expenses costs or other liability arising from such claims.

CUSTOMER’S DRAWINGS

13.0 The Customer shall be solely responsible for ensuring that all drawings information advice
and recommendations specified or given to the Company by the Customer or its agents
servants consultants or advisers are accurate correct and suitable. Examination or
consideration by the Company of such drawings information advice or recommendations shall
not result in any liability on the part of the Company.

COMPANY LITERATURE

14.0 The information contained in the advertising sales technical and other literature issued by the
Company may be relied upon to be accurate in the exact circumstances in which it is expressed otherwise any illustrations performance details examples of installations and methods of assembly and all other information and data in such literature are based on experience and upon trials under test conditions and are provided for general guidance only. No such information or data shall form part of the contract unless it is specifically referred to in the quotation or order acknowledgement or the Customer shall have complied in respect thereof with clause 1.3.

TERMINATION

15.1 Without prejudice to any other rights or remedies of the Company it shall be entitled in any of
the following circumstances to terminate (in whole or in part) this and any other contract
whenever made between the Company and the Customer and/or to suspend deliveries and/or
to receive upon demand payment of all monies payable under any such contracts whether or
not otherwise due.

15.1.1 the Customer makes or proposes any voluntary arrangement with its creditors or
becomes subject to an administration order or becomes bankrupt or goes into
liquidation;

15.1.2 an encumbrancer takes possession or a receiver is appointed of any of the property or
assets of the Customer.

15.1.3 the Customer becomes unable to satisfy its debts as they fall due or ceases or
threatens to cease to carry on business;

15.1.4 the Company reasonably believes or apprehends that any of the events mentioned
above or any equivalent under any relevant laws has or may occur.

15.1.5 The Customer commits any breach of this or any other contract whenever made
between the Customer and the Company.

FORCE MAJEURE

16.1 Oceanair Distribution Limited reserves the right to defer the date of delivery or to cancel this agreement or the Works or reduce ordered by the Client (without liability to the Client) it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Oceanair Distribution Limited including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of [30 days ] the Client shall be entitled to give notice in writing to Oceanair Distribution Limited to terminate the Contract.

GENERAL

17.1 Each right or remedy of Oceanair Distribution Limited under this agreement is without prejudice to any other right or remedy of Oceanair Distribution Limited whether under this agreement or not.

17.2 If any provision of this agreement 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 agreement and the remainder of such provision shall continue in full force and effect.

17.3 Failure or delay by Oceanair Distribution Limited in enforcing or partially enforcing any provision of this agreement shall not be construed as a waiver of any of its rights under this agreement.

17.4 Any waiver by Oceanair Distribution Limited any breach of, or any default under, any provision of this agreement by the Client shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of this agreement.

17.5 The parties to this agreement do not intend that any term of this agreement shall be enforceable by virtue of the Contracts (Rights of Third parties) Act 1999 by any person that is not a party to it.

17.6 The formation, existence, construction, performance, validity and all aspects of this agreement shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

TOOLS

18.1 Free issue materials shall be insured by and remain at the risk of the Customer at all times and
the Company shall be indemnified by the Customer against any loss of or damage to any such
materials during fabrication by the Company or by any sub-contractor employed by the
Company or whilst on the premises of the Company or of any such sub-contractor or in transit
to or from the premises of the Company or of any such sub-contractor provided that the
Company may at its sole discretion make a contribution towards the replacement costs of such
materials.

18.2 An allowance for material lost as process scrap is (where applicable) included in the contract
price and no such losses shall be the subject of any claim by the Customer or contribution by
the Company.

18.3 Where materials are supplied by or on behalf of the Customer to the Company the Customer
shall be responsible to ensue that the material is of merchantable quality and is fit for its
purpose and shall indemnify the Company against any loss, damage, injury or expenses
whatsoever arising directly or indirectly from any fault in or incorrect specification of the said
materials.

CONSUMER PROTECTION ACT 1987

19.1 Where the Customer purchases the Products for use or incorporation with any composite
products to be assembled produced processed packed or supplied by the Customer or for
resale or supply ancillary to any such composite products or other products supplied by the
Customer then:

19.1.1 the Customer shall forthwith on demand produce for inspection by the Company
copies of all written instructions information and warnings to e supplied by the
Customer in relation thereto provided nevertheless that such inspection or right to
inspect shall not give rise to any responsibility or liability on the part of the
Company; and

19.1.2 the Customer shall indemnify the Company against any losses costs and damages that
the Company may suffer or incur in the event that any claim is made against the
Company in relation thereof if the Products did not comprise the defective element
thereof or were rendered defective by reason of actions or omissions of the Customer
(including without limitation the supply of defective free-issue materials) or were
rendered defective by reason of instructions or warnings given or omitted by the
Customer or other reseller.

19.2 For the purposes of clause 19.1 the term “defective” shall be interpreted in accordance with
the definition contained in Part 1 the Consumer Protection Act 1987.

HEALTH & SAFETY

20.0 The Customer agrees to pay due regard to any information supplied by the Company relating
to the use for which the Products are designed or have been tested or concerning conditions
necessary to ensure that they will be safe and without risk to health at all times when they are
being set, used, cleaned, services or maintained by any person at work and the Customer
undertakes to take such steps as may be specified by such information or otherwise necessary
to ensure that as far as is reasonably practicable the Products will be safe and without risk to
health at all times as mentioned above.

LAW AND JURISDICTION ETC

21.1 The contract shall be governed and interpreted exclusively according to the Laws of England.
The parties hereby agree to submit to the exclusive jurisdiction of the English courts provided
that the Company may at its option take proceedings in the courts of the state in which the
Customer is domiciled.

21.2 No waiver of or delay or failure by the Company to exercise any rights or remedies shall
prejudice any future or further exercise thereof.

21.3 If any provision of these conditions shall be held invalid or unenforceable in whole or in part
then the unaffected provisions shall remain in full force and effect. Headings appear for
convenience only and shall not affect the construction of these conditions.

21.4 If the contract includes the supply of services and no general conditions of the Company
relating specifically to the supply of services are made applicable to such services then these
conditions shall mutates mutandis apply to such services as they would apply to Products and in
such event clause 9.1 will be deemed to include a reference to sections 3 to 5 of the Supply of
Goods and Services Act 1982 either in addition to or in place of the reference to sections 13 to
15 of the Sale of Goods Act 1979 as may be appropriate.