Horner Salus LTD.

Terms and conditions for the supply of health & safety consultancy services

The Customer’s attention is particularly drawn to the provisions of clause 8

1. Interpretation

1.1 Definitions: In these Conditions, the following definitions apply:

Business Day: a day (other than a Sunday or public holiday) when banks in London are open for business.

Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 5.

Commencement Date: has the meaning set out in clause 2.1 .

Conditions: these terms and conditions as amended from time to time in accordance with clause 12.7 .

Contract: the contract between the Supplier and the Customer for the supply of Services incorporating the Order and the Quotation in accordance with these Conditions.

Customer: the person or firm who purchases Services from the Supplier.

Customer Risk Assessments: risk assessments prepared by the Customer and/or Third Party Suppliers for and on behalf of the Customer in relation to Third Party Supplies as required by the Supplier including but not limited to health and safety, that are to be undertaken for the purpose of the Event.

Event: the event or production to be undertaken by the Customer at the Location for which the Services are required.

Information Request: a description of the Event to be confirmed in writing by the Customer to the Supplier at the request of the Supplier or otherwise provided by the Customer which shall include the information provided by the Customer to the Supplier from time to time and shall include the Third Party Supplier Risk Assessment in respect of Third Party Supplies to enable the Supplier to prepare and/or review the Supplier’s Risk Assessment.

Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Location: the place to which the Services relate as set out in the Quotation

Order: the Customer’s written acceptance of a Quotation.

Quotation: the written confirmation the price payable for the Services based on the Production Statement.

Services: the services supplied by the Supplier to the Customer as set out in the Quotation.

Supplier: HornerSalus Ltd registered in England and Wales with company number 07490980.

Supplier’s Risk Assessment: a suitable risk assessments including safety documentation Event safety plan and related paperwork prepared by the Supplier in relation to any foreseen risks to the health and safety of persons having regard to the undertaking by the Customer, it employees , agents and sub-contractors Third Party Suppliers in respect of the Event.

Third Party Supplier: the Customer’s subcontractors and other suppliers providing goods, equipment and/or services to the Customer in respect of the Event.Third Party Supplier Risk Assessment: a risk assessment provided by the Third Party Supplier to the Customer in relation to the goods , equipment and/or services provided by the Third Party Supplier for the purposes of the Event.

Third Party Supplies: the supply of goods, equipment and/or service by the relevant Third Party Supplier

1.2 Construction. In these Conditions, the following rules apply:

(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) a reference to writing or written includes faxes and e-mails.

2. Basis of contract

2.1 The Order constitutes an acceptance by the Customer to purchase Services in accordance with these Conditions. at which point and on which date the Contract shall come into existence (Commencement Date).

2.2 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.

2.3 Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations provided by the Supplier are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.

2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.5 Any Quotation given by the Supplier shall not constitute an offer, and is only valid for the period set out in the Quotation from its date of issue.

3. Supply of Services

3.1 The Supplier shall supply the Services to the Customer based on the Production Statement and as set out in the Quotation.

3.2 The Supplier shall use all reasonable endeavours to meet any performance dates specified in Quotation, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

3.3 The Supplier shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.

3.4 Where the Supplier has reasonable concerns in respect of possible breach by the Customer, the Customer’s employees, agents, consultants and/or sub-contractors and/or Third Party Supplier of any applicable law and/or safety requirement which is likely to be a threat and/or risk to personal injury and/or damage to property, the Supplier shall be at liberty to make reasonable recommendations which if not accepted by the Customer shall entitle the Supplier to immediately terminate the Contract without any liability to the Supplier or any recourse against the Supplier by the Customer. In the event that the Customer does not comply with the recommendations, the Customer accepts sole responsibility for all risks. The Customer shall be liable for the Supplier’s reasonable fees as at the date of termination of the Contract in the circumstances envisaged by this clause.

3.5 The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.

4. Customer’s obligations

4.1 The Customer shall:

(a) ensure that information it provides in or subsequently provides on request by the Supplier in relation to the Information Request is complete and accurate at all times;
(b) co-operate with the Supplier in all matters relating to the Supplier’s Risk Assessment;
(c) provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Location and any premises, office accommodation and other facilities at the Location as reasonably required by the Supplier;
(d) to commission all relevant Customer Risk Assessments (including Third Party Risk Assessments) requested by the Supplier as would be reasonably required having regard to the nature and activities to be undertaken at and for the Event;
(e) not later than 24 hours prior to the date on which the Services are to be provided the Customer shall provide the Supplier with copies of Customer Risk Assessments and such other information as the Supplier may reasonably require to enable the Supplier to ascertain that the Customer has taken all reasonable precautions for the safety of the persons and property at the Location to the extent that (without obligation or assuming any risk or liability) the Supplier will not be prevented from or hindered in supplying the Services. The Customer shall ensure that all such information is accurate in all material respects. It is expressly agreed that the Supplier does not assume any obligation, responsibility or risk in regard to the content, advice or recommendations of any Customer Risk Assessments;
(f) prepare the Location for the Third Party Suppliers ;
(g) obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start;
(h) comply with Supplier’s Risk Assessment;
(i) at all times to procure access by the Supplier to the Third Party Suppliers and the Customers personnel to enable the Supplier to carry out the Services;
(j) procure compliance by Third Party Suppliers with their respective Third Party Risk Assessments and the Supplier’s Risk Assessment;
(k) comply with the reasonable requirements made by the Supplier as set out in the Quotation and otherwise from time to before, during and after the Event;
(l) promptly review and report to the Supplier with approval or otherwise in respect of Supplier’s Risk Assessment Event and Third Party Supplier’s documentation submitted by the Supplier;
(m) oversee all installation works undertaken by Third Party Suppliers at the Location and ensure that the Supplier’s Risk Assessment is adhered to as well as any snagging work identified and reported by the Supplier required to be undertaken by the Customer and/or any Third Party Supplier before commencement of the Event;
(n) to communicate with Third Party Suppliers and make them aware of the Suppliers Risk Assessment; (o) the Location is structurally secure safe and sound for the purposes of the Event;
(p) the Customer shall ensure that any Third Party Supplier shall use due care skill and judgement in respect of the services provided to the customer relating to the Event;
(q) the Customer shall not, without the prior written consent of the Supplier, at any time from the Commencement Date and for a period m 12 months after completion of supply of the Services or earlier termination of the Contract, solicit or entice away from the Supplier or employ or attempt to employ any person who is, or has been, engaged as an employee, consultant or subcontractor of the Supplier in the provision of services similar to or in competition with the Services;
(r) Any consent given by the Supplier in accordance with clause 4.1
(q) shall be subject to the Customer paying to the Supplier a sum equivalent to 20% of the then current annual remuneration of the Supplier’s employee, consultant or subcontractor (as the case may be) or, if higher, 20% of the annual remuneration to be paid by the Customer to that employee, consultant or subcontractor (as the case may be);

4.2 If the Supplier’s performance of any of its obligations under the Contract is prevented or delayed by, or and additional services are required as a result of, any act or omission by the Customer or Third Party Supplier or in either case failure by the Customer and/or Third Party Supplier to perform any relevant obligation, including those set out in clause

4.1 (Customer Default):

(a) the Supplier shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and Supplier shall have the right to rely on the Customer Default to relieve the Supplier from the performance of any of the Supplier’s obligations to the extent the Customer Default prevents or delays the Supplier’s performance of any of its obligations;
(b) the Supplier shall not be liable for delays or any costs or losses or liabilities sustained or incurred by the Customer arising directly or indirectly from any Customer Default or delay arising from any Third Party Supplier to perform any of its obligations; and
(c) the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.

4.3 On no account shall the Supplier be liable for:

(a) any failure on the part of a Third Party Supplier to comply with the relevant Third Party Risk Assessment (which has been previously approved the Supplier) and/or the Supplier’s Risk Assessment;
(b) any loss or liability suffered or costs incurred by the Customer or claims made by any third party against the Customer and/or the Supplier arising directly or indirectly from any Third Party Suppliers default whether or not such Third Party Suppliers conform with what the Customer has agreed with the Third Party Supplier; and the Customer accepts all liability in respect of the foregoing and the Customer shall indemnify the Supplier in respect of any claim made by any third party against the Supplier in relation to or in connection with the same.

5. Charges and payment

5.1 Unless otherwise agreed, the Charges for the Services shall be as set out in the Quotation:

(a) the Charges shall be based on the Supplier’s standard daily fee rates (“Standard Rates”), by reference to the Supplier’s prevailing rate card;
(b) the Standard Rates are calculated on the basis of a twelve (12) hour day (inclusive of a chargeable one hour meal break) or a ten (10) hour continuous day (without meal break) which in either case is worked between the hours 06.00 hrs to 18:00 hrs (“Standard Hours”) worked on Business Days (“Standard Days”);
(c) the Supplier shall be entitled to charge an overtime rate (“Overtime Rate”) of:
(i) twice the Standard Rates on any national holiday or Bank Holiday; for Services undertaken whether during or outside (as the case may be) of Standard Hours ;
(ii) one and a half times the Standard Rates for Services undertaken on any other non Standard Days whether during or outside (as the case may be) of Standard Hours;
(iii) one and a half times the Standard Rates for Services undertaken on Standard Days but outside of Standard Hours; where any part of the Services are to be provided outside of Standard Hours (i.e. between 18:00 and 06:00hrs immediately following) the Overtime Rate applicable for that period as calculated on the basis 5.1 (c) (i) or 5.1 (c) (ii) or 5.1 (c) (iii) (as the case may be) shall also apply to any earlier continuous period of time during which the Services are to be provided for the Event; and in each case, on a pro-rata basis for each part day or for any time worked by individuals whom it engages on the Services; (d) the Supplier shall be entitled to charge the Customer for any expenses reasonably incurred by the individuals whom the Supplier engages in connection with the Services including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by the Supplier for the performance of the Services, and for the cost of any materials (e) the Supplier shall be entitled to charge for fuel to and from the Location; and (f) The Charges are subject to increase to cover any additional unforeseen services resulting from a Customer Default as referred to in clause 4.2

5.2 The Supplier shall invoice the Customer on or following completion of the Services, unless payment or part payment is required in advance as set out in the Quotation in which event the payment in advance (“Advance Payment”) is payable on the date set out in the Quotation.

5.3 The Customer shall pay each invoice submitted by the Supplier: (a) subject to clause

5.4 in relation to Advance payment, within 30 days of the date of the invoice; and (b) in full and in cleared funds to a bank account nominated in writing by the Supplier, and time for payment shall be of the essence of the Contract. 5.4 Unless otherwise agreed payment of all Charges shall be made in Pounds Sterling

5.5 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.

5.6 If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% per cent per annum above Barclays Bank plc base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.

5.7 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Supplier may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.

6. Intellectual property rights

6.1 All Intellectual Property Rights (including moral rights) in or arising out of or in connection with the Services shall be owned by the Supplier. The Customer shall not use copy or replicate all or any parts of any document (including but not limited to reports, assessments and policy documents) prepared (whether in draft or final versions) by the Supplier in connection with the Services, other than for:
(a) the purposes for which such documents were specifically prepared; and
(b) without any alteration or amendment of whatsoever nature; and
(c) for the Customer’s internal management and organisational purposes and (where applicable) for the purposes of evidencing compliance with any statutory obligations on the part of the Customer.

6.2 The Customer acknowledges that, in respect of any third party Intellectual Property Rights, the Customer’s use of any such Intellectual Property Rights is conditional on the Supplier obtaining a written licence from the relevant licensor on such terms as will entitle the Supplier to license such rights to the Customer.

7.Confidentiality

A party (receiving party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party (disclosing party), its employees, agents or subcontractors, and any other confidential information concerning the disclosing party’s business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party’s obligations under the Contract, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Contract. The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause 7 shall survive termination of the Contract.

8. Limitation of liability: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

8.1 Nothing in these Conditions shall limit or exclude the Supplier’s liability for:

(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

8.2 Subject to clause

8.1 : (a) the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or loss of profit or consequential loss arising under or in connection with the Contract;
(b) the Supplier shall under no circumstances whatever be liable to the Customer for any failure to perform any of its obligations under the Contract if such failure results from unforeseen events or circumstances or causes which are beyond the reasonable control of the Supplier or due to a Customer Default as referred to in clause 4.2 or the matters referred to in clause 4.3 ; and
(c) the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of the Charges in respect of the Event.

8.3 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

8.4 This clause 8 shall survive termination of the Contract.

9. Termination

9.1 Without limiting its other rights or remedies, either party may terminate the Contract with immediate effect by giving written notice to the other party if:

(a) the other party commits a material breach of the Contract and (if such a breach is remediable) fails to remedy that breach within 5 days of that party being notified in writing to do so;

(b) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply; (c) the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;

(d) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party; (e) the other party (being an individual) is the subject of a bankruptcy petition or order;

(f) a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;

(g) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);

(h) the holder of a qualifying floating charge over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver;

(i) a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;

(j) any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 9.1(b) to clause 9.1(i) (inclusive);

(k) the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; (l) the other party’s financial position deteriorates to such an extent that in the Supplier’s opinion the Customer’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; or

(m) the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.

9.2 Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails:

(a) to follow the recommendations made by the Supplier pursuant to clause 3.4 ; or the Supplier’s Risk Assessment; or

(b) to pay any amount due under this Contract on the due date for payment and fails to pay all outstanding amounts within 7 days after being notified in writing to do so.

9.3 Without limiting its other rights or remedies, the Supplier may suspend provision of the Services under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 9.1(b) ) to clause 9.1(m) or in clause 9.2 , or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.

10. Consequences of termination

On termination of the Contract for any reason:
(a) the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;
(b) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
(c) clauses which expressly or by implication survive termination shall continue in full force and effect.

11. Force majeure

11.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

11.2 The Supplier shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

11.3 If the Force Majeure Event prevents the Supplier from providing any of the Services for more than the following periods (“the Relevant Periods”), the Customer shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Supplier.

The Relevant Periods are: (a) where the Services are to be provided at a Location in the United Kingdom

(b) where the Services are to be provided at a Location is in European Economic Community (other than the United Kingdom), the Relevant Period shall be 48 hours.

12. General

12.1 Assignment and other dealings.

(a) The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.

(b) The Customer shall not, without the prior written consent of the Supplier, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.

12.2 Notices

(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or e-mail. (b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 12.2(a) ; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am]on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission. (c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

12.3 Severance. (a) If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract. (b) If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

12.4 Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

12.5 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

12.6 Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.

12.7 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing by the Supplier.

12.8 Governing law. 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 the law of England and Wales.

12.9 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

Effective from 1st November 2018 – Present