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STANDARD TERMS AND CONDITIONS FOR THE PURCHASE OF GOODS AND/OR PURCHASE OF SERVICES BY WALES & WEST UTILITIES LIMITED All contract orders are issued under these standard terms and conditions unless separate WWU terms have been agreed as a result of a tendering exercise, awarding of framework agreement or otherwise between Wales & West Utilities and the supplier. Where separate WWU terms have been agreed, those terms shall prevail over all other terms and conditions. The supplier’s standard terms and conditions if any shall not apply. The Supplier wishes to sell and the Customer wishes to purchase the Goods and/or Services on the terms set out in this Agreement. 1. INTERPRETATION 1 1.1 In this Agreement, the following expressions shall have the following meanings unless the context otherwise requires: “Business Day” a day other than Saturday or Sunday or public holiday in England “Commencement Date” the commencement date set out in the Contract Order or Specification (as the case may be) “Completion Date” the completion date set out in the Contract Order or Specification (as the case may be) “Contract Order” means the Customer’s standard contract order “Customer” means the Customer identified as such in the Contract Order “Event of Force Majeure” in relation to either party, any circumstances beyond the reasonable control of that party “Goods” the Goods to be provided by the Supplier under this Agreement as set out in the Contract Order “Specification” the description or specification of the Goods provided in writing and referred to in the Contract Order “Supplier” the Supplier identified as such in the Contract Order “Services ” the services and/or works (if any) to be carried out by the Supplier (or its subcontractor/s) under the terms of the Contract Order or as set out in the Specification (as the case may be) 2. SALE AND PURCHASE OF THE GOODS 2 2.1 The Supplier shall sell and the Customer shall purchase such quantities of the Goods as the Customer orders from time to time pursuant to clause 3, upon the terms and conditions of this Agreement. The appointment of the Supplier under this Agreement is not exclusive and the Customer does not guarantee to purchase Goods or any volume of Goods from the Supplier. 2.2 Unless otherwise agreed by the Customer in writing, every purchase of Goods from the Supplier by the Customer shall be subject to the terms and conditions contained in this Agreement. Any terms and conditions other than those contained in this Agreement are expressly excluded. 3. ORDERS 3 Contract Orders for the Goods shall be given by the Customer to the Supplier in writing or, if given orally, shall be confirmed by the Customer in writing within twenty four (24) hours after the Contract Order is given by the Customer. The Supplier shall acknowledge and confirm whether or not it can accept an order within five (5) Business Days. In any event, the Supplier shall be deemed to have accepted the Contract Order in
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