In these terms and conditions, “Red Alert Telecare Ltd” means Red Alert Telecare Ltd UK Ltd; “the goods” means any item of whatsoever nature or part thereof or service which is to be sold or supplied by Red Alert Telecare Ltd or its subsidiaries; “the Customer” means the person who buys or has agreed to buy the goods.
The Customer shall comply with all instructions of Red Alert Telecare Ltd or any other manufacturer in relation to the fitting, installation, service and use of the goods and, notwithstanding such compliance, the Customer shall keep Red Alert Telecare Ltd fully and effectually indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature and wheresoever arising, including, without prejudice to the generality of the foregoing, claims for damage to property and consequential loss (including loss of profit) which may be made against Red Alert Telecare Ltd or which Red Alert Telecare Ltd may sustain, pay or incur arising out of or in connection with the supply, fitting, installation or use of the goods.
If Red Alert Telecare Ltd is prevented from fulfilling any order or contract within a reasonable time by reason of any cause beyond its reasonable control including, without prejudice to the generality of the foregoing war, threat of war, riots, civil commotion, act of God, government, terrorist activities, strikes, lockouts, industrial action, accident, technical problems with transportation, natural disaster, storm, flood, fire earthquake, delay in delivery to Red Alert Telecare Ltd of any goods or material or interruption of transport it shall be under no liability to the Customer and shall be entitled at its option (to be notified in writing to the Customer) either to cancel any contract to which these Conditions apply or without any liability, to extend the time or times for delivery or otherwise performing such contract by a period at least equivalent to that during which such delivery or performance has been extended by any of the restrictions hereinbefore referred to.
Any contract to which these Conditions apply shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
The heading shall not affect the meaning or interpretation of these Conditions.
Nothing in these Conditions shall affect the statutory rights of any person dealing with Red Alert Telecare Ltd as a consumer.
All material comprising Red Alert Telecare Ltd software, its associated manuals and other written materials, will be subject to the Red Alert Telecare Ltd Telecom License Agreement. A copy of this agreement will be sent with these terms and conditions, if appropriate.
The invalidity, illegibility or unenforceability of any provision of these conditions should not affect the other conditions.
A person who is not party to this agreement shall have no right under the Contracts (Right of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.