Equipment Supply Terms and Conditions

Dunns Automotive Limited
11 South Point, Ensign Way, Southampton SO31 4RF
Company number 12255336. Registered in England and Wales.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms, the following definitions apply:

"Business Customer": a Customer who is not a Consumer, being a Customer who enters into the Contract wholly or mainly for purposes relating to that Customer's trade, business, craft or profession.
"Business Day": a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
"Consumer": an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession, as defined in section 2(3) of the Consumer Rights Act 2015.
"Contract": the contract between Dunns and the Customer for the supply of Equipment, comprising the applicable Order Confirmation, the Quote (if any) referred to in it, and these Terms, formed in accordance with clause 2.
"Customer": the person, firm or company that purchases Equipment from Dunns under a Contract, whether a Business Customer or a Consumer.
"Delivery Location": the address for delivery of the Equipment specified in the Order or Order Confirmation.
"Dunns": Dunns Automotive Limited, a company registered in England and Wales (company number 12255336) whose registered office is at 11 South Point, Ensign Way, Southampton SO31 4RF; referred to in these Terms as "Dunns", "we", "us" or "our".
"Equipment": the equipment, parts, tools, machinery and related goods described in the Order and the Order Confirmation, which Dunns agrees to supply to the Customer under the Contract.
"Manufacturer": the original manufacturer of any item of Equipment, where different from a Third Party Supplier.
"Order": an order for Equipment placed by the Customer by telephone, by email, or through the Website, in each case in the manner set out in clause 2.
"Order Confirmation": Dunns' written acceptance of an Order, issued by email or such other durable medium as Dunns may use, confirming the Equipment, Price and other principal terms of the Contract.
"Price": the price payable for the Equipment as set out in the Order Confirmation, calculated in accordance with clause 5.
"Quote": a written quotation for Equipment issued by Dunns to the Customer, whether by email, through the Website or otherwise.
"Terms": these Equipment Supply Terms and Conditions, as amended from time to time in accordance with clause 18.9.
"Third Party Supplier": a manufacturer, distributor or other third-party supplier from whom Dunns sources Equipment for supply to the Customer, including (without limitation) any such supplier that despatches Equipment directly to the Customer under a drop-shipment arrangement as described in clause 7.2.
"Website": Dunns' ecommerce website at www.adasequipment.co.uk, or such other website as Dunns may operate from time to time for online sales of Equipment.
"Writing": includes email and, in relation to the Website, any electronic order or confirmation process on the Website; references to "written" are construed accordingly.

1.2 In these Terms, unless the context otherwise requires: a reference to a statute or statutory provision includes any subordinate legislation made under it and any amendment, extension, re-enactment or replacement of it from time to time in force; headings do not affect interpretation; and words in the singular include the plural and vice versa.

1.3 Where any provision of these Terms distinguishes between a Business Customer and a Consumer, the provision applicable to the Customer's actual status applies. If Dunns reasonably believes, from information given at the time of Order, that the Customer is a Business Customer, Dunns is entitled to rely on that belief unless and until the Customer notifies Dunns otherwise in writing.

1.4 Nothing in these Terms affects the statutory rights of a Customer who is a Consumer. If any provision of these Terms conflicts with a right which cannot lawfully be excluded, restricted or varied as against a Consumer, that provision applies only to the extent it does not do so, and the Consumer's statutory right prevails.

2. BASIS OF CONTRACT, ORDERS AND INCORPORATION

2.1 These Terms apply to every Contract for the supply of Equipment by Dunns to a Customer, whether the Order is placed by telephone, by email or through the Website, 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, including the Customer's own purchase order terms.

2.2 Any Quote is valid for the period stated on it or, if none is stated, for 14 days from its date of issue, and is not an offer capable of acceptance by the Customer. A Quote may be withdrawn or amended by Dunns at any time before an Order is placed on the basis of it.

2.3 An Order constitutes an offer by the Customer to purchase Equipment on these Terms. No Order is accepted by Dunns, and no Contract comes into existence, until Dunns issues an Order Confirmation, or (if earlier) Dunns delivers the Equipment to the Customer.

2.4 Orders may be placed as follows:

(a) by telephone to Dunns' sales team, followed by an Order Confirmation issued by email;

(b) by email, followed by an Order Confirmation issued by email; or

(c) through the Website, by completing the order process, which will provide the Customer with the opportunity to check and correct any input errors before submitting the Order. On submission, Dunns will acknowledge receipt of the Order without undue delay by electronic means; that acknowledgement is not, of itself, an acceptance of the Order.

2.5 Dunns may decline to accept, or may cancel after acceptance, any Order where: the Equipment is unavailable from Dunns or the relevant Third-Party Supplier; Dunns identifies an error in the description or Price; the Customer fails to provide information reasonably required to fulfil the Order; or Dunns reasonably suspects fraud or an inability to pay. Where an Order is cancelled under this clause 2.5 after payment has been taken, Dunns will refund any sum paid in respect of that Order without undue delay.

2.6 The Contract constitutes the entire agreement between the parties in relation to the supply of the Equipment to which it relates. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Dunns which is not set out in the Contract, save that nothing in this clause 2.6 excludes or limits liability for fraud or fraudulent misrepresentation, or for any pre-contract information Dunns is required by law to give a Consumer under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which is treated as included in the Contract.

2.7 No variation of a Contract is effective unless it is agreed in writing and signed by, or confirmed by email on behalf of, an authorised representative of Dunns.

3. THE EQUIPMENT

3.1 Dunns will supply the Equipment described in the Order Confirmation. Illustrations, drawings, specifications and descriptions in any catalogue, price list, the Website or marketing material are approximate only and do not form part of the Contract unless expressly incorporated by reference in the Order Confirmation.

3.2 Some or all of the Equipment may be manufactured or supplied by a Third Party Supplier and delivered directly to the Customer by or on behalf of that Third Party Supplier rather than from Dunns' own premises, as described further in clause 7. Dunns remains the seller of the Equipment to the Customer under the Contract in every case, and the Third Party Supplier is not a party to the Contract.

3.3 Dunns may make changes to the Equipment which are necessary to comply with applicable law or safety requirements, or which do not materially affect the nature or quality of the Equipment, and will notify the Customer of any such change.

4. PRICE

4.1 The Price is as set out in the Order Confirmation. Unless otherwise stated, the Price is exclusive of value added tax, which is payable in addition at the rate applicable at the relevant tax point, and exclusive of delivery charges, which are stated separately.

4.2 Where the Customer is a Consumer, the total price payable, including all mandatory fees, taxes and delivery charges that can be calculated in advance, will be presented before the Order is placed, in accordance with the price transparency requirements of the Digital Markets, Competition and Consumers Act 2024 and the Consumer Contracts Regulations 2013. Any optional extra (for example expedited delivery or installation) will only be added to the Price with the Consumer's explicit consent.

4.3 If Dunns discovers a genuine pricing error in a Quote or Order Confirmation before the Equipment is delivered, Dunns will notify the Customer as soon as reasonably practicable and give the Customer the option to confirm the Order at the correct price or cancel it, save that if the error is obvious and could reasonably have been recognised as a mispricing by the Customer, Dunns is not bound to supply at the stated price.

4.4 Dunns reserves the right to vary the Price before an Order is accepted to reflect any increase in the cost of Equipment charged by a Manufacturer or Third Party Supplier, but not after an Order Confirmation has been issued, save where the Customer requests a change to the Equipment or specification.

5. PAYMENT

5.1 Unless otherwise agreed in the Order Confirmation, payment for Equipment ordered through the Website or by a Consumer is due in full at the time the Order is placed, using one of the payment methods stated on the Website or otherwise notified to the Customer.

5.2 If a Business Customer fails to make any payment due under the Contract by the due date, Dunns may charge interest on the overdue amount at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998, accruing daily from the due date until paid, and may suspend further deliveries under that or any other Contract with the Customer until payment is made.

5.3 If a Consumer fails to make a payment due under the Contract, Dunns may charge interest on the overdue amount at 4% a year above the Bank of England base rate from time to time, such interest to accrue daily from the due date until paid, calculated so as to reflect Dunns' genuine pre-estimate of loss and not to operate as a penalty.

5.4 Time for payment is of the essence of the Contract.

6. DELIVERY

6.1 Dunns will arrange for delivery of the Equipment to the Delivery Location. Any dates given for delivery are estimates only, unless expressly stated to be guaranteed in the Order Confirmation.

6.2 Where the Customer is a Business Customer, time for delivery is not of the essence, and Dunns is not liable for any loss arising from a delay in delivery, save that if delivery is delayed by more than 30 days beyond the estimated date, the Business Customer may cancel the affected Order by written notice and receive a full refund of any sums paid in respect of it.

6.3 Where the Customer is a Consumer, Dunns will deliver the Equipment without undue delay and, in any event, within 30 days of the day after the Contract is entered into, unless a different delivery date is expressly agreed in the Order Confirmation, in accordance with section 28 of the Consumer Rights Act 2015. If Dunns fails to deliver by the agreed date or within that 30-day period, the Consumer may specify a new reasonable period for delivery and, if Dunns still fails to deliver within that period, may treat the Contract as at an end and obtain a refund. A Consumer may also treat the Contract as at an end without first allowing a further period where delivery on a specific date was essential, or Dunns has refused to deliver, or the Consumer told Dunns before the Contract was made that delivery by a specific date was essential.

6.4 The Customer must ensure that suitable access, and any person reasonably required to be present, is available at the Delivery Location at the agreed time. If delivery cannot be completed because the Customer or its representative is not available, or suitable access is not provided, Dunns may charge the Customer its reasonable additional costs of redelivery, and (for a Business Customer only) risk in the Equipment passes at the time delivery was attempted.

6.5 Dunns may deliver the Equipment in instalments, each of which is treated as a separate delivery under the Contract; a delay or defect in one instalment does not entitle the Customer to cancel any other instalment, save where the instalments are so interdependent that they cannot reasonably be used independently of each other.

7. DIRECT DELIVERY FROM SUPPLIERS (DROP-SHIPMENT)

7.1 Dunns operates, for some Equipment lines, a direct delivery model under which the Equipment is despatched by the Manufacturer or a Third Party Supplier directly to the Delivery Location, rather than passing through Dunns' own premises.

7.2 Where Equipment is to be delivered under a drop-shipment arrangement, the Order Confirmation will identify this. The use of a drop-shipment arrangement does not change the fact that the Contract for the sale of that Equipment is between Dunns and the Customer only; the Manufacturer or Third Party Supplier acts as Dunns' delivery agent for that purpose and has no contractual liability to the Customer, save to the extent that a Manufacturer's or Third Party Supplier's warranty is passed through under clause 10.

7.3 Delivery timescales for drop-shipped Equipment depend on the Manufacturer's or Third Party Supplier's own stock and despatch arrangements. Dunns will pass on the best information available to it, but (subject to clause 6.3 for Consumers) is not liable for delay caused by a Manufacturer or Third Party Supplier that is outside Dunns' reasonable control.

7.4 The Customer must give Dunns any information reasonably requested for the purpose of arranging direct delivery (including site access, contact details and any special handling requirements) in good time before the estimated delivery date.

8. RISK AND TITLE

8.1 Where the Customer is a Business Customer, risk in the Equipment passes to the Customer on completion of delivery to the Delivery Location, including where delivery is made directly by a Manufacturer or Third Party Supplier under clause 7.

8.2 Where the Customer is a Consumer, the Equipment remains at Dunns' risk until it comes into the physical possession of the Consumer or of a person identified by the Consumer to take possession of it (other than a carrier arranged or recommended by Dunns), in accordance with section 29 of the Consumer Rights Act 2015. This applies regardless of any drop-shipment arrangement under clause 7, and is not affected by any earlier passing of risk between Dunns and a Manufacturer or Third Party Supplier.

8.3 Title to the Equipment does not pass to the Customer until Dunns has received payment in full, in cleared funds, of the Price and all other sums then due from the Customer to Dunns under the Contract and any other contract between them.

8.4 Until title passes in accordance with clause 8.3, the Customer must: hold the Equipment on a fiduciary basis as Dunns' bailee; store it separately from other goods and in a manner that identifies it as Dunns' property; not remove, deface or obscure any identifying mark on the Equipment; keep it insured at full replacement value against usual commercial risks; and not pledge, charge or otherwise encumber the Equipment as security for any indebtedness. This clause 8.4 applies to a Business Customer; where the Customer is a Consumer, it applies only to the extent consistent with the Consumer's rights under Part 1 of the Consumer Rights Act 2015 and section 29 in particular, given that risk in the Equipment does not pass to a Consumer until delivery.

8.5 If a Business Customer's payment is overdue, or an event described in clause 13.4 occurs, Dunns may (having given reasonable notice, where practicable) enter any premises where the Equipment is stored to repossess it, without prejudice to any other right or remedy.

9. INSPECTION, ACCEPTANCE AND RETURNS

9.1 The Customer should inspect the Equipment as soon as reasonably possible after delivery.

9.2 Where the Customer is a Business Customer: any claim that the Equipment is damaged, short-delivered or does not comply with the Contract must be notified to Dunns in writing within 5 Business Days of delivery, failing which (save for a defect that could not reasonably have been discovered on a reasonable inspection within that period) the Equipment is deemed to have been accepted. This clause 9.2 does not affect any right the Business Customer has under sections 13 to 15 of the Sale of Goods Act 1979 in respect of a defect that comes to light after that period, to the extent that right has not been validly excluded under clause 10.

9.3 Where the Customer is a Consumer, nothing in these Terms restricts the statutory rights available under Part 1 of the Consumer Rights Act 2015 in respect of Equipment that is not of satisfactory quality, fit for purpose or as described, including (as applicable): the short-term right to reject within 30 days of delivery; the right to require repair or replacement; and the right to a price reduction or to reject the Equipment if repair or replacement is not possible or has not been carried out within a reasonable time and without significant inconvenience. If a defect appears within six months of delivery, it is presumed to have been present at delivery unless Dunns shows otherwise.

9.4 Separately from any statutory right, and separately from the Consumer's cancellation right under clause 14, Dunns may at its discretion accept the return of Equipment that a Customer no longer wants, provided that: the request is made within 14 days of delivery; the Equipment is unused, in its original packaging and in a resaleable condition; and the Customer pays the cost of return. Dunns may charge a restocking fee of up to 15% of the Price to cover costs charged by a Manufacturer or Third Party Supplier on a return of this kind, and may decline to accept a return of Equipment that has been made to the Customer's specification or is not ordinarily stocked by Dunns. This clause 9.4 is a goodwill arrangement and does not affect the Customer's statutory rights.

10. WARRANTY

10.1 Equipment supplied by Dunns may be covered by a warranty or guarantee given by the Manufacturer or the Third Party Supplier. Dunns will, on request, provide the Customer with details of any such warranty applicable to the Equipment ordered, and will pass through to the Customer the benefit of that warranty to the extent it is capable of being passed through, and provide reasonable assistance to the Customer in pursuing a claim under it.

10.2 Where the Customer is a Business Customer, and to the extent permitted by law: Dunns' own liability in respect of a defect in the Equipment is limited to the benefit of the applicable Manufacturer's or Third Party Supplier's warranty passed through under clause 10.1, together with the express terms of the Contract; and all other conditions, warranties or terms implied by statute, common law or otherwise are excluded, save for the condition as to title implied by section 12 of the Sale of Goods Act 1979, which cannot be excluded.

10.3 Where the Customer is a Consumer, clause 10.2 does not apply. Dunns remains liable to the Consumer, as the seller under the Contract, for the statutory rights described in clause 9.3, in addition to and regardless of any Manufacturer's or Third Party Supplier's warranty passed through under clause 10.1. A Manufacturer's or Third Party Supplier's warranty is an additional benefit to the Consumer and does not reduce, exclude or replace the Consumer's statutory rights against Dunns, in accordance with section 30 of the Consumer Rights Act 2015. Where Equipment is drop-shipped under clause 7, Dunns remains the Consumer's point of contact for a statutory claim, whether or not the Manufacturer or Third Party Supplier also deals with warranty claims directly.

10.4 Any warranty given by Dunns, a Manufacturer or a Third Party Supplier does not cover a defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Manufacturer's instructions, misuse or alteration of the Equipment without the Manufacturer's or Dunns' written approval, or use of the Equipment otherwise than for its intended purpose.

11. LIMITATION OF LIABILITY

11.1 Nothing in the Contract limits or excludes Dunns' liability for: death or personal injury caused by its negligence, or that of its employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the condition as to title implied by section 12 of the Sale of Goods Act 1979; or any other liability which cannot lawfully be limited or excluded, including (for a Consumer) liability under sections 9 to 11, 17, 28 and 29 of the Consumer Rights Act 2015.

11.2 Subject to clause 11.1, where the Customer is a Business Customer: Dunns is not liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, loss of business, loss of anticipated savings, loss of goodwill or any indirect or consequential loss; and Dunns' total aggregate liability arising out of or in connection with the Contract, however arising, is limited to the greater of £5,000 and the Price paid for the Equipment giving rise to the claim.

11.3 Subject to clause 11.1, where the Customer is a Consumer: Dunns is liable only for foreseeable loss and damage caused by its breach of the Contract or by its negligence, being loss or damage that is an obvious consequence of the breach or that was contemplated by Dunns and the Consumer at the time the Contract was entered into; Dunns is not liable for any loss or damage arising from the Consumer's use of the Equipment for business purposes; and nothing in this clause 11.3 limits any statutory right of the Consumer referred to in clause 11.1.

11.4 Save as set out in clause 6.3, Dunns is not liable for any failure or delay in performing its obligations under the Contract to the extent that the failure or delay is caused by a Manufacturer or Third Party Supplier, where that cause is outside Dunns' reasonable control.

12. CUSTOMER OBLIGATIONS AND USE OF EQUIPMENT

12.1 The Customer must: provide Dunns with complete and accurate information reasonably required to process the Order and arrange delivery; provide safe and sufficient access to the Delivery Location; and obtain any consent or licence needed for the Equipment to be delivered, installed or used at the Delivery Location.

12.2 The Customer must use the Equipment only for its intended purpose, and in accordance with any operating, safety and maintenance instructions supplied with it or made available by the Manufacturer. Where installation, electrical or gas connection, calibration or commissioning of the Equipment is required, the Customer must ensure this is carried out by a suitably qualified and, where applicable, appropriately certified person, unless Dunns has agreed to arrange this as part of the Order.

12.3 Where the Customer is a Business Customer, the Customer must indemnify Dunns against any liability, cost, expense, loss or damage (including reasonable legal costs) incurred by Dunns arising from the Customer's misuse of the Equipment, failure to follow the Manufacturer's instructions, or breach of this clause 12. This clause 12.3 does not apply to a Consumer.

12.4 Failure to maintain or service the Equipment in accordance with the Manufacturer's requirements may invalidate a Manufacturer's or Third Party Supplier's warranty; this does not, of itself, affect a Consumer's statutory rights under clause 9.3.

13. CANCELLATION AND TERMINATION

13.1 This clause 13 applies to cancellation and termination generally. A Consumer's separate statutory right to cancel a distance Contract is dealt with in clause 14, and nothing in this clause 13 restricts that right.

13.2 A Business Customer may ask Dunns to cancel an Order before it has been despatched by Dunns or a Third Party Supplier. Dunns will use reasonable efforts to accommodate the request, but where the Manufacturer or Third Party Supplier has already despatched the Equipment, commenced manufacture of a made-to-order item, or otherwise incurred non-cancellable costs, the Business Customer remains liable for the Price, or for Dunns' reasonable costs and any cancellation charge levied by the Manufacturer or Third Party Supplier, whichever Dunns reasonably determines.

13.3 Either party may terminate a Contract immediately by written notice if the other party commits a material breach of the Contract which, if capable of remedy, is not remedied within 14 days of a written request to do so.

13.4 Dunns may terminate a Contract, or suspend further deliveries under it, with immediate effect by written notice if the Customer: fails to pay any sum due under the Contract on its due date; is a Business Customer and enters into administration, receivership, liquidation, a voluntary arrangement with creditors, or an equivalent process, or ceases or threatens to cease trading; or (for any Customer) provides false or misleading information material to the Order.

13.5 On termination of a Contract for any reason: any sums accrued due to Dunns as at termination remain payable; and clauses 1, 8 (in respect of Equipment already delivered but not yet paid for), 9.3 (for a Consumer), 10.3 (for a Consumer), 11 and 16 to 18 survive termination..

14. CONSUMER RIGHT TO CANCEL (DISTANCE CONTRACTS)

14.1 This clause 14 applies only where the Customer is a Consumer and the Contract was entered into by telephone, by email or through the Website, each of which is a "distance contract" for the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

14.2 Subject to clause 14.6, the Consumer has the right to cancel the Contract within 14 days without giving any reason. The cancellation period expires 14 days after the day on which the Consumer, or a person named by the Consumer, takes physical possession of the last item of Equipment ordered.

14.3 To exercise the right to cancel, the Consumer must inform Dunns of the decision to cancel by a clear statement (for example a letter, email, or telephone call to the contact details given in the Order Confirmation). The Consumer may, but need not, use the model cancellation form at Schedule 1. To meet the cancellation deadline, it is sufficient for the Consumer to send notice of cancellation before the cancellation period has expired.

14.4 If the Consumer cancels the Contract in accordance with this clause 14, Dunns will reimburse all payments received from the Consumer, including the standard delivery cost (but not any supplement for a non-standard delivery option the Consumer chose), without undue delay and, in any event, within 14 days of the day on which Dunns is informed of the decision to cancel; save that Dunns may withhold reimbursement until it has received the Equipment back, or the Consumer has supplied evidence of having sent it back, whichever is earlier. Reimbursement will be made using the same means of payment used for the original transaction, unless otherwise agreed.

14.5 The Consumer must send back the Equipment, or hand it over to Dunns or a carrier authorised by Dunns to collect it, without undue delay and, in any event, within 14 days of telling Dunns of the decision to cancel. The Consumer must pay the direct cost of returning the Equipment, unless Dunns agrees otherwise or has failed to provide the information about return costs required by the Consumer Contracts Regulations 2013. The Consumer is liable for any diminished value of the Equipment resulting from handling beyond what is necessary to establish its nature, characteristics and functioning.

14.6 The right to cancel under this clause 14 does not apply to Equipment that is made to the Consumer's specification or is clearly personalised, in accordance with regulation 28(1)(b) of the Consumer Contracts Regulations 2013. The Order Confirmation will identify where this exclusion applies to an Order.

15. EVENTS OUTSIDE OUR CONTROL

15.1 Dunns is not liable for any failure or delay in performing its obligations under a Contract to the extent caused by an event beyond its reasonable control, including (without limitation) act of God, fire, flood, severe weather, war, terrorism, civil unrest, strike or industrial action (whether or not involving Dunns' own workforce), failure of a utility service or transport network, and failure or delay of a Manufacturer or Third Party Supplier caused by any of the foregoing.

15.2 If an event under clause 15.1 continues for more than 60 days, either party may cancel the affected Order by written notice, in which case Dunns will refund any sums paid for Equipment not delivered.

15.3 This clause 15 does not affect a Consumer's rights under clause 6.3 to treat the Contract as at an end for late delivery, save that Dunns will not be treated as in breach of clause 6.3 to the extent the delay is caused by an event within clause 15.1.

16. DATA PROTECTION

16.1 Each party will comply with its obligations under the UK GDPR and the Data Protection Act 2018 in connection with personal data provided by the Customer when placing an Order by telephone, email or through the Website. Details of how Dunns collects, uses and protects personal data are set out in its privacy notice, available at https://www.dunnsautomotive.co.uk/privacy, which does not form part of the Contract.

17. COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION

17.1 Any complaint about the Equipment or about Dunns' service should be addressed in the first instance to Gemma Dunn at info@dunnsautomotive.co.uk, and Dunns will aim to acknowledge it within 5 Business Days.

17.2 If a complaint from a Consumer cannot be resolved directly, Dunns participates in the alternative dispute resolution scheme operated by The Motor Ombudsman, a body certified under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015.

18. GENERAL

18.1 Assignment. Dunns may transfer or assign its rights and obligations under a Contract to another organisation, provided this does not adversely affect the Customer's rights under it. The Customer may not assign, transfer or subcontract its rights or obligations under a Contract without Dunns' prior written consent.

18.2 Notices. Any notice given under a Contract must be in writing and sent to the address or email address specified in the Order Confirmation or otherwise notified by the recipient, and is deemed received, if sent by email, when transmission is confirmed, and if sent by post, 2 Business Days after posting.

18.3 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.

18.4 Waiver. No failure or delay by Dunns in exercising any right under a Contract operates as a waiver of that right.

18.5 Third party rights. Save as expressly provided in these Terms (including the pass-through of a Manufacturer's or Third Party Supplier's warranty under clause 10, which may, where the Order Confirmation says so, be directly enforceable by the Customer against the Manufacturer or Third Party Supplier under the Contracts (Rights of Third Parties) Act 1999), no one other than a party to the Contract has any right to enforce any of its terms.

18.6 Anti-bribery. Each party will comply with applicable anti-bribery and anti-corruption laws in connection with the Contract.

18.7 Governing law and jurisdiction. The Contract, and any dispute or claim arising out of or in connection with it, is governed by the law of England and Wales. Subject to clause 18.8, the courts of England and Wales have exclusive jurisdiction over any dispute or claim arising out of or in connection with the Contract.

18.8 Where the Customer is a Consumer resident in Scotland or Northern Ireland, clause 18.7 does not deprive the Consumer of the protection of any mandatory provisions of the law of, or the right to bring proceedings in, the Consumer's country of residence.

18.9 Amendment. Dunns may update these Terms from time to time; the version in force at the date an Order is placed applies to that Order. The version applicable to a given Contract is the version referenced in, or current as at the date of, the relevant Order Confirmation.

SCHEDULE 1

Model Cancellation Form (Consumers Only)

This form is provided in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. A Consumer wishing to cancel a Contract under clause 14 may, but need not, complete and return this form.

To: Dunns Automotive Limited, 11 South Point, Ensign Way, Southampton SO31 4RF, info@dunnsautomotive.co.uk

I/We [*] hereby give notice that I/We [*] cancel my/our [*] Contract for the supply of the following Equipment:

Ordered on [*] / received on [*]

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

[*] Delete as appropriate.