AUSTIN TRUMANNS IRELAND LIMITED

TERMS AND CONDITIONS OF SALE

The Terms and Conditions in this Part I
Shall apply to all orders placed with the Company subject, in case of Export Sales only, to the modifications and additions specified in Part II hereof.

1. Definitions.
In these Terms and Conditions, unless the context shall otherwise require, the following words and expressions shall have meanings hereinafter mentioned:
“The Company” means the company from whom the Customer agrees to purchase the Goods referred to herein;
“The Customer” means any person, body of persons, firm or company with whom the Company enters into a Contract for the sale of Goods by the Company;
“The Contract” means the contract for the sale of Goods pursuant to these Terms and Conditions. “
“Terms and Conditions” means these terms and conditions of sale and any additional terms and conditions agreed in writing between the Company and the Customer;
“Goods” means the goods the subject of the Contract and where the context so admits any instalment thereof;
“ Export Sale” means a contract involving the export of Goods from the United Kingdom irrespective of the method by which the export is carried out;
“Premises” means the Company’s premises from which the Goods are despatched to the Customer, or such other place as may be notified by the Company to the Customer in writing;
“Specified” means (as the context admits) either stipulated in writing by the Company or stipulated by the Customer in writing signed by, or whose acceptance is evidenced by writing signed by, the Company and cognate words shall be construed accordingly;
“Price” means the figure(s) specified in the Company’s Acknowledgement of Order, or, in the event that no Acknowledgement of Order is issued by the Company, in the Company’s Quotation or as otherwise stated by the Company;
“Quotation” means a written quotation issued by the Company to the Customer in respect of the sale of Goods by the Company;
“Acknowledgement of Order” means written confirmation issued by the Company of the Customer’s order;
“Bill of Lading” means the note issued to the Customer upon Delivery of the Goods;
“Delivery” means delivery of the Goods in accordance with these Terms and Conditions.

2. General.
(i) Orders are accepted by the Company only on these Terms and Conditions (which form part of the Contract between the Company and the Customer) and to the exclusion of all other terms and conditions (unless expressly accepted in writing by the Company). Without being obliged to give reason, therefore, the Company reserves the right to refuse any order if the Customer’s order is inconsistent with these Terms and Conditions. The Company’s acceptance of the Customer’s order by the issue of an Acknowledgement of Order or Bill Of Lading or Delivery itself or in the case of orders made over the telephone, verbal acceptance by the Company of the Customer’s order, shall constitute acceptance of an offer by the Customer on these Terms and Conditions.
(ii) The Contract between the Company and the Customer shall be constituted by the earlier of the issuing by the Company of its Acknowledgement of Order or Delivery following upon the placing of an order by the Customer. Until such time as the Company issues an Acknowledgement of Order or Bill of Lading or Delivery takes place or in the case of orders made over the telephone, verbal acceptance by the Company of the Customer’s order, there shall not be a binding contract between the Company and the Customer.

3. Quotation.
A Quotation does not constitute an offer by the Company to supply goods and every acceptance of any Quotation by the Customer shall be deemed an offer by the Customer to purchase goods from the Company and will not be binding on the Company unless the Company has accepted such order pursuant to Clause 2 (ii) above. Unless previously withdrawn by the Company, which may be done without prior notice, any Quotation is open for acceptance for seven days only from the date thereof, unless otherwise agreed by the Company in writing.

4. Limits of Quotation.
The Company’s Quotation includes only such Goods as are Specified therein. Any Quotation given by the Company shall not place the Company under any duty or liability to the Customer and shall not be deemed to form part of the Contract, nor shall it constitute a representation by the Company inducing the Customer to enter into or finalise the Contract.

5. Acceptance.
(i) The Customer’s acceptance of the Company’s Quotation must be accompanied by sufficient information to enable the Company to proceed with the order forthwith, otherwise the Company shall be at liberty to amend the Quotation prices to cover any increases in cost, which have taken place after acceptance.
(ii) The Company shall not be bound to accept changes to the order after acceptance but shall endeavor, subject to agreement of any necessary revision to the Price and estimated delivery date, to meet any reasonable request.
(iii) The Company only accepts responsibility for compliance with any relevant codes, regulations, standard or rules referred to in the Company’s Acknowledgement of Order.

6. Credit to the Customer.
If the Company so requests, the Customer shall supply such details as to credit-worthiness as the Company may consider necessary.

7. Particulars of Goods.
(i) While all reasonable care is taken in preparing the descriptive and technical specifications and particulars of weights and dimensions submitted with the Company’s Quotation and technical and other descriptions contained in any of the Company’s catalogues, brochures, advertisements or other documents or publicity material, the accuracy of such particulars and descriptions is not guaranteed and they shall not (save where the contrary is expressly confirmed in the Contract) form part of the Contract nor shall they be deemed to constitute a representation inducing the Customer to enter into the Contract.
(ii) The Company reserves the right at any time to vary, alter or amend any particulars, descriptions, prices, measurements or specifications contained in its catalogues, brochures, advertisements or other documents or publicity material.

8. Samples.
(i) Notwithstanding that a sample of the Goods may have been exhibited to and inspected by the Customer, it is hereby agreed that such sample was so exhibited and inspected solely to enable the Customer to judge the quality of the bulk and not so as to constitute a sale by sample. The Customer shall take the Goods at the Customer’s own risk as to their corresponding with the said sample.
(ii) Any samples submitted to the Customer and not returned within fourteen days from the date of receipt by the Customer shall be paid for by the Customer.

9. Delivery.
(i) Any delivery or despatch date included in the Contract shall be accepted as an estimate only, unless otherwise agreed in writing but it is expressly stated that any such date shall not form an essential part of the Contract and the Company shall not be liable for any loss incurred by the Customer by reason of any delays in Delivery caused by factors beyond the Company’s reasonable control.
(ii) Unless otherwise Specified, Delivery of the Goods shall be made at the Premises. Where any place other than the Premises is specified for Delivery of the Goods, all costs of carriage and insurance and all taxes, duties and imposts, of whatever nature and by whomsoever imposed, shall be payable by the Customer.
(iii) Where delivery of the Goods is made by the Company to a carrier, the carrier will be deemed to be acting, as the Customer’s agent and Delivery to the carrier shall be deemed to constitute Delivery by the Company to the Customer. The Customer may authorise the Company in writing to engage a carrier and issue delivery instructions on the Customer’s behalf. The Customer acknowledges that the Company shall have no liability if the Goods are lost or damaged in transit.
(iv) In the event of the Customer failing to accept Delivery of the Goods, the Company shall store them at the Company’s expense. After the expiry of fourteen days from the date of failure by the Customer to accept Delivery of the Goods (and without prejudice to the Company’s other rights and remedies) the Company shall be entitled at its sole discretion to sell the Goods to the account of the Customer and apply the sale proceeds in diminution of any amounts due to the Company by the Customer under the Contract or any other amounts due to the Company by the Customer.

10. Delivery in Instalments.
The Company reserves the right to deliver the Goods in instalments and each Delivery shall constitute a separate Contract and failure by the Company to deliver any one or more of the instalments in accordance with the Contract or any claim by the Customer in respect of any one or more instalment shall not entitle the Customer to treat the Contract as a whole as repudiated.

11. Rejection.
The Customer shall only be entitled to reject Goods which are found not to be in accordance with the Contract and shall not under any circumstances be entitled to reject Goods after a period of fourteen days has elapsed from the date of Delivery or in the case of latent defects within fourteen days after the latent defect has become apparent or should reasonably have been apparent to the Customer. The Customer shall be obliged to give notice in writing to the Company of its reasons for rejection of the Goods. The Company shall (at its sole discretion) either replace any Goods that fail to comply with the Contract or refund any money paid by the Customer in respect of any rejected Goods not replaced by the Company.

12. Warranty.
The following warranty is given by the Company and is accepted by the Customer as fair and reasonable and as far as is permissable at law to the exclusion of any statutory, common law or contractual rights relating to quality of the Goods supplied in terms of the quotation:
(i) save as provided in this Clause, the Company shall not be under any liability whether in contract, delict(tort) or otherwise in respect of defects in the Goods supplied or for any injury (other than death or personal injury caused by the company’s negligence) damage or loss resulting from such defects;
(ii) the Company shall have no liability in respect of any damage, loss, personal injury or death resulting from the failure to observe any information or advice relating to the Goods supplied or to be supplied by the Company, and the Customer agrees to indemnify the Company in respect of any claim brought against the Company in respect of any such damage, loss, personal injury or death. Nothing in the Contract shall remove liability on the part of the Company for death or injury caused by its negligence;
(iii) the Goods comply with the description in the Contract subject to the standard tolerance relating to weight and dimensions;
(iv) the Goods are of satisfactory quality;
(v) save as provided herein, there are excluded from the Contract as far as is permissible at law all representations, conditions, warranties and terms, whether express or implied, as to the quality, condition or fitness for any purpose of the Goods;
(vi) the maximum liability of the Company however arising from or in connection with the sale of the Goods to the Customer (whether for breach of contract, negligence, misrepresentation or otherwise) shall be limited to the replacement of any Goods which fail to comply with the Contract or a refund of any money paid by the Customer in respect of any rejected Goods not replaced by the Company, except in respect of death or personal injury caused by the Company’s negligence;
(vii) the Company shall not in any circumstances be liable to the Customer or to any other person for any consequential or indirect loss or damages (including damage or for loss of profit) arising directly or indirectly in connection with the sale of the Goods.

13. Prices.
(i) Prices quoted are net and do not include packaging or the amounts of any VAT or any other sales tax or excise duties paid or payable by the Company which extra charges shall be added to the Price and be payable by the Customer.
(ii) The price stated by the Company in the Contract is based on information available to the Company at the date thereof. If between the date of the Contract and date of Delivery there shall be any variation in the cost of materials, labour or otherwise, the Company may at its absolute discretion adjust the Price to take account of such variation.
(iii) The tonnage weight charged by the Company may include an allowance for all wasted materials remaining after completion of any production process.

14. Variation.
If the Company incurs extra expenditure as a result of variation or suspension of work caused by the Customer’s instructions or lack of instructions, interruptions, delays, overtime, unusual hours, mistakes or otherwise as a result of the Customer’s action or for any other cause whatsoever beyond the Company’s control, a reasonable turn in respect of such extra expenditure shall be added to and form part of the Price and paid for accordingly.

15. Statutory and Other Regulations.
If the cost to the Company of performing its obligations under the Contract shall be increased or reduced by reason of amendment after the date of Quotation of any law or of any order, regulation or byelaw having the force of law that shall affect the performance of the Company’s obligations under the Contract, the amount of such increase or reduction shall be added or deducted from the Price as the case may be.

16. Payment.
(i) The Price in full including taxes, duties and charges will be due by the end of the month following the month of Despatch.
(ii) Where the Contract provides for Delivery by instalments and for progress payments the Company shall be entitled to withhold release of any subsequent instalments of Goods until the Customer has paid for every previous instalment released by the Company. If payment is not made in accordance with this Clause, all monies owed by the Customer to the Company in respect of any order shall immediately become due and payment recoverable forthwith.
(iii) In the event that payment of the Price in full is not received by the due date, interest thereon shall be chargeable on the outstanding amount at the rate of 4 per annum above Bank of Scotland base rate from the due date until payment is received in full.

17. Set Off.
The Company or any company of which the Company has control (as defined in Section 840 of the Income & Corporation Taxes Act 1988) or any subsidiary or holding company (as defined in Section 736 of the Companies Act 1985) shall have the right to set off any sum owing to the Company by the Customer or any controlled company or subsidiary or holding company of the Customer against any sums due by the Company or by any such controlled or holding or subsidiary company of the Company to the Customer.

18. Property and Risk.
This Clause shall apply to all Goods supplied to the Customer. For the purpose of this Clause, “Associated Company” shall mean any holding or subsidiary company (as defined in Section 736 of the Companies Act 1985) or any subsidiary of such holding company.
(i) Until such time as the Customer has paid in full all monies (including any interest and charges) due by the Customer to the Company and
any Associated Company, property to and title to the Goods shall remain with the Company. The monies shall not be treated as paid until any instalment of payment has been met on presentation or otherwise honored in Accordance with its terms. Payment shall be applied to invoices in the order in which they are issued and to the Goods in the order in which they were listed on the invoices.
(ii) Until payment of all such sums referred to in Clause 18(i) hereof has been made in full to the Company, the Customer shall:
(a) store the Goods separately so that they are readily identifiable and clearly marked as the Company’s Goods;
(b) if the Customer fails to pay any sums due in terms of Clause 18(i) hereof by the date for payment, in addition to any other remedies available to the Company under these Terms and Conditions or otherwise, the Company shall be entitled to repossess the Goods. The Customer will assist and allow the Company to repossess the Goods and for this purpose, admit or procure entry to the premises in which the Goods are situated;
(c) if the Customer becomes apparently insolvent or compounds with his or its creditors or has a liquidator, receiver or administrator appointed over all or any of its assets or carries out or undergoes any analogous act or proceeding under foreign law prior to property in the Goods passing as aforesaid, or if the Customer is in material breach of these Terms and Conditions the Customer’s right to re-sell or otherwise deal in the Goods shall automatically terminate and the Company shall be entitled to repossess the Goods;
(d) the Company shall be entitled to enter the premises whether lock fast or otherwise, in which it believes the Goods are situated for the purpose of repossessing and to repossess the Goods. Notwithstanding the foregoing, the risk of damage to or loss or destruction of the Goods shall pass to the Customer at the date of Delivery. No claim for shortage of Delivery of the Goods will be accepted by the Company unless separate written notice is given to the carrier concerned (if appropriate) and to the Company within four days of receipt of the Goods, followed by a complete claim within fourteen days of receipt of the Goods. In the case of non-delivery, a separate written notice must be given to the carrier concerned (if appropriate) and to the Company within fourteen days of the Delivery date Specified by the Company. If liability is accepted by the Company under this Clause, the Company will rectify or replace the Goods or pay the Customer such compensation as the Company in its absolute discretion considers to be reasonable.

19. Sales to Third Parties.
Subject always to Clause 18(ii)(c) of these Terms & Conditions, the Customer shall be entitled to resell or use the Goods in the ordinary course of its business.

20. Cancellation, termination, lien and damages.
For the purposes of this Clause, “Associated Company” shall mean any holding or subsidiary company (as defined in Section 736 of the Companies Act 1985) or any subsidiary of such holding company.
(i) The Customer’s cancellation of any order will be of no effect unless the Company has previously agreed to such cancellation in writing.
(ii) Without prejudice to any other right available to it, the Company and any Associated Company and the Customer may terminate the Contract if:
(a) the Customer after due warning from the Company commits or continues to commit a material breach of the Customer’s obligations under any contract with the Company, or
(b) any arrestment or any other legal process is carried out upon any of the Customer’s assets, or
(c) the Customer makes or offers to make any arrangement or composition with creditors or becomes bankrupt or apparently insolvent or is sequestrated, or if any petition or receiving order in bankruptcy shall be presented against it, or if the Customer is a Company, any resolution or petition for winding up the Customer shall be passed or presented or a liquidator, receiver, manager, administrator, judicial factor, or committee shall be appointed over the Customer’s undertaking property and assets or any part thereof or the Customer carries out or undergoes any analogous act or proceeding under foreign law.
(iii) Without prejudice to any other rights available to it, the Company shall in the event of cancellation or termination of the Contract, be entitled to recover from the Customer:
(a) the quoted value of any work completed on the Customer’s behalf at the date of cancellation or termination;
(b) the value of any such work begun but not completed at such date, such value to include the cost of material, labour, overheads and a fair profit as determined by the Company’s Accountant whose decision shall be conclusive & binding on both parties; and
(c) the cost of the Goods and materials ordered by the Company pursuant to the Contract for which the Company has to pay.
(iv) The Company shall have in addition to any other remedy, a general lien on all Goods ordered by or belonging to the Customer, which may be under the Company’s control (although such Goods or some of them may have been paid for) for all monies due to the Company by the Customer under any order and may at the Company’s discretion sell such Goods and apply all monies received in respect thereof in reduction of those monies due to it by the Customer. If the Customer does not discharge the lien within eight days of it being imposed by the payment of all amounts due, the Company shall have the right to sell the Goods subject to the lien and to deduct from the net proceeds of the sale all amounts due to the Company.
(v) In the event of industrial or trade disputes, accidents, fire, inclement weather, flood, tempest, war or Act of God or delay in delivery of materials or any cause or contingency whatsoever beyond the reasonable control of the Company but affecting the Company’s supply of Goods, the Contract may be terminated or suspended by the Company at its sole discretion. Such cancellation or suspension shall not constitute a breach by the Company of its obligations under the Contract and the Company shall not be liable to the Customer for any delay or damage caused by reason of such cancellation or suspension. At any time after a suspension arising under this Clause, the Company may exercise its right to terminate the Contract.

21. Assignation.
The Customer shall not assign any benefit or burden under the Contract without the Company’s prior consent in writing, which may if given be on such terms as to guarantee or indemnify or otherwise as the Company may think fit. The Company shall he entitled to sub-contract or assign its rights and/or obligations under the contract.

22. Notices.
Any notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by recorded delivery service or transmitted by a facsimile or other means of communication resulting in the receipt of a written communication in permanent form, and if so sent or transmitted to the address of the relevant party as shown on the Contract documents or such other addresses as one party may by notice to the other have substituted therefore shall be deemed validly and effectively given on a day when in the ordinary course of the means of transmission it would be first received by the addressee in normal business hours.

23. Validity.
If any paragraph or sub-paragraph (or part therefore) of these Terms and Conditions shall be found to be invalid, ineffective or unenforceable, such invalidity, ineffectiveness or unenforceability shall not affect any other part thereof.

24. Legal Construction.
(i) The Heading of these Terms and Conditions is for reference only and shall not affect the construction hereof.
(ii) Unless otherwise agreed in writing, the Contract shall be governed and construed in accordance with the law of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.

25. Waiver.
No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

The Terms and Conditions in this Part II

1.Terms and Conditions.
The terms and conditions specified in Part I hereof, shall apply to all Export Sales subject to the modifications and additions contained in this Part II. In the event of any provisions of the terms and conditions in Parts I and II being in conflict, the provisions of this Part II will prevail. The latest edition of incoterms shall be deemed to have been incorporated into, and form part of, the provisions of this Part II, where any Export Sale is agreed by reference to an incoterm, save where inconsistent with the provisions of this Part II.

2. Delivery.
(i) Clauses 9,10 & 11 of Part I shall apply to all Export Sales with the qualifications that, unless otherwise agreed by the Company in writing, or by reference to an incoterm. Delivery of Goods to a customer will be deemed to have taken place (and for the avoidance of doubt title to and risk in the Goods shall be deemed to pass to the Customer) on the Delivery of such Goods to a carrier or other bailee or custodier (whether named by the Customer or not) for the purpose of transmission to the Customer.
(ii) Notwithstanding anything to the contrary herein, the Company will have been deemed to have performed and discharged its duties under the Contract in respect of any Export Sale by delivering the Goods to a carrier or other bailee or custodier (whether named by the Customer or not) for the purposes of transmission to the Customer, and by presenting the shipping documents, (i.e. the invoice and one other of the consignment note, airway bill, delivery order, non negotiable sea waybill or bill of lading as the case may be and, where the Export Sale is CIF (cost insurance and freight), the certificate of insurance) to the Customer or to the Customer’s order or pursuant to any letter of credit or bill of exchange issued on the Customer’s behalf.
(iii) Where the Contract is CIF or C&F (cost and freight) the Company has the absolute discretion to select the method route and conditions for carriage of the Goods and where CIF the Company has absolute discretion to select the insurer and conditions of the insurance cover.

3. Licenses.
The Customer warrants that, prior to shipment of the Goods, all regulations governing import of the Goods into the country of destination will have been compiled with and all such licenses as may be necessary to import the Goods will have been obtained. The Company will make such export declarations as it may consider reasonably necessary and such further declarations as the Customer may lawfully request at the Customer’s expense and on the Customer’s behalf, but if the Customer does not provide the necessary instructions as to how the Goods are to be declared, they will be declared by the Company as it shall deem fit and the Customer shall be responsible for the fines or other charges imposed as a result of errors or incorrect declarations.

4. Storage.
Without prejudice to the Company’s other rights and remedies, if the company is unable by reason of the Customer’s instructions to deliver all or any part of the Goods in accordance with the Contract, the customer shall pay all demurrage costs arising from such non-delivery and procure and pay the cost of suitable storage and insurance. Such insurance shall be on terms as the Company may reasonably require. If the Customer does not take delivery or procure such storage and insurance, the Company shall be entitled to itself procure storage (either at the Premises or elsewhere) and insurance and all charges for storage and insurance and demurrage shall be payable by the Customer in addition to the Price payable pursuant to Clause 6 of this Part II.

5. Packing.
Unless otherwise specified the cost of packaging in the case of an Export Sale shall be included in the Price.

6. Payment.
In an Export Sale the Price shall be paid to the Company against presentation of the shipping documents referred to in Clause 2(ii) of this Part II to the Customer or to the Customer’s order or in accordance with any letter of credit or bill of exchange issued on the Customer’s behalf. Payment shall be made by irrevocable letter of credit or bill of exchange or by any other suitable method, which the Company may require, including telegraphic transfer. Otherwise Clause 16 of Part I remains in full force and effect; save that the due date for payment in an Export Sale shall be forthwith on presentation of such shipping documents, unless the Company shall agree in writing to the contrary.

7. Property and Risk.
(i) Unless otherwise agreed by the Company in writing or by reference to an incoterm, title to and risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery of the Goods to a carrier or other bailee or other custodier (whether named by the Customer or not) for the purpose of transmission to the Customer.
(ii) The periods given in Clause 18 of Part I for notification may be amended by the Company at its sole discretion having due regard to the particular circumstances of any Export Sale.
(iii) The Customer hereby agrees that the Company shall not be obliged to give notice to the Customer under Section 32(3) of the Sale of Goods Act 1979.

8. Warranty.
Save as provided in sub-paragraphs (ii), (iii), (iv), (vi) and (vii) of Clause 12 of Part I, the Company shall not be under any liability whether in contract, delict (tort) or otherwise, in respect of defects in Goods supplied or for any injury, damage or loss whatsoever resulting from such defects or from any work done in connection therewith, whether or not such injury damage or loss arises as a result of the Company’s negligence; always provided that the Company shall remain liable for any death or injury of or to persons caused by its own negligence or the negligence of those for whom it is vicariously liable.

9. Law and Jurisdiction.
It is expressly agreed and stipulated that the Contract relating to an Export Sale is to be governed and construed in accordance with the Law of England and any dispute arising in respect of the Contract relating to an Export Sale shall be subject to the exclusive jurisdiction of the English High Court of Justice to the jurisdiction of which the parties hereby submit. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (commonly known as the Vienna Convention) are hereby excluded in respect of the Contract relating to an Export Sale.

Notice under the Data Protection Act 1998

Your Information
Your information includes any information, which we now or at any time in the future may hold, or use relating to you, or any person, company, partner or associate of yours (as defined in Section 184 of the Consumer Credit Act 1974). This information may come from or relate to:
(i) any application by you for the provision and the supply to you of goods and services by us;
(ii) what you may tell us either verbally or in writing or by electronic means, either directly or in documents submitted to us or information published by you or about you;
(iii) reports from third parties such as professionals, bankers, brokers and agents with whom you may have had a business relationship, credit reference agencies, fraud prevention organisations, valuers and other responsible third parties employed by you or us;
(iv) your transactions with us, which may include the names of your staff with whom we liaise, your customers, their representatives, their contact details, your bank account and other financial and personal information such as your address and contact details and other related information that we shall obtain in the course of operating any services for you or your supplier(s) or information that we may accumulate in assessing whether to commence or continue to operate such services; and
(v) recorded telephone messages, which may be left by you outside normal office hours.

What we may do with your information
We will use, analyse and assess your information to maintain and develop the relationship between us. This will include the following purposes:
(i) considering any applications made by you for, and helping us to make, credit related decisions about you and/or your business;
(ii) operating and administering the services currently and in the future provided by us to you;
(iii) financial risk assessment, money laundering checks, the exchanging of information with credit reference agencies and fraud prevention organisations to assist us in the making of credit decisions and preventing fraud;
(iv) helping us assess how we can develop our business relationship in the future including market research, product and statistical analysis and the development of new products;
(v) helping us to identify new products and services, which may interest you (unless you have requested otherwise to us in writing or by telephone); and
(vi) improving business skills by the use of Information in staff training.

Disclosure of your information
We will not disclose your information outside our own business unless:
(i) where required to do so for the operational and administrative reasons referred to above;
(ii) where we have your consent. Your consent shall be given by you continuing your relationship with us following your receipt of this or subsequent notice(s) to you and shall include consent to the disclosure of information to:
(a) any other companies within our own group of companies for any of the purposes mentioned above; and
(b) any professionals, bankers, agents, brokers or insurers engaged by us for the purposes of their providing their services to us which will assist us in providing services to you.
(iii) where we are required or permitted to do so by law;
(iv) where required for the provision of finance to us by any of our financiers;
(v) to persons to whom we may transfer rights and obligations under the agreement/s between us;
(vi) to any person who provides a service to us who agrees to keep your information confidential; and
(vii) to credit reference agencies and other agencies involved in the prevention of fraud and the tracing debtors.

Credit Reference Agencies and Fraud Prevention Organisations
We use such agencies from time to time to assist us in taking decisions in regard to providing credit, including whether to do so as well as any applicable limits. They will supply us with credit information including information from the electoral register. They will record the enquiries we may make about you and details of your credit history with us. They may use this information for statistical analysis about credit, insurance and fraud. We may also pass information to financial and other organisations involved in fraud prevention to protect our clients and us from theft and fraud. If you give us false or inaccurate information and we suspect fraud, we will record this.

Your Rights
You have the right of access to your personal records held by us, and details of the responsible third parties to whom we have supplied, and from whom we have received information about you upon request, and upon payment of a fee of £10.00. You also have the right of access to personal data held by credit insurance agencies and fraud prevention organisations that we use. We can supply their name, address and other contact details upon written request.