1 x Schaerer Vito Coffee Espresso Hot Chocolate Bean To Cup Hot Drinks Machine - Includes Vitrifrigo

Buyers Agreement
Welcome to In2Corporate Ltd, below are our Terms and Condition. Please take the time to read them carefully. This is a legally binding contract. Please review it carefully.
Below are the terms and conditions for buying in our sales. Please read these terms and conditions carefully before bidding on any inventory as it is a legally binding agreement. The Buyer agrees to be bound by these terms and conditions, subject to any amendments contained in the Special Conditions. In the event of any conflict between these terms and conditions and the Special Conditions, the Special Conditions shall prevail. No offers or Bids made by the Buyer shall alter or qualify these terms and conditions unless In2Corporate Ltd specifically confirms this by email.
In2Corporate Ltd does not in any way warrant the fitness of the Items sold via the timed online auction, tender auction, live auction, or a fixed price sale for the particular purpose for which the Buyer intends to use them. Furthermore, In2Corporate Ltd hereby specifically DISCLAIMS any express or implied warranty or merchantability of any Items via the timed online auction, tender auction, live auction, or a fixed price sale.
All goods displayed on this website are sold as seen and unless clearly stated otherwise on the individual lot and are sold without warranty. Where it may state dependent on the seller, bidders may have the opportunity to inspect goods prior to bidding and bidding on lots without recourse to condition or completeness, it is the responsibility of the bidder to satisfy themselves as to the condition and completeness of goods prior to bidding and to bid accordingly.
1. in this Agreement. The following words shall have the following meanings:
1.1 “Bid” means an offer made by a prospective Buyer to buy an Item via the timed online auction, tender auction, live auction, or a fixed price sale.
1.2 “Buyer” “your and you” means the buyer of an Item via the timed online auction, tender auction, live auction, or a fixed price sale.
1.3 “Commission” means the commission payable by the Buyer to In2Corporate Ltd in respect of the Buyer being declared the successful bidder of a lot by the auctioneer.
1.4 “In2Corporate Ltd”, “we” or “us” means In2Corporate Ltd
1.5 “Item” means the item(s) of property placed by a Seller for timed online auction, tender auction, live auction, or a fixed price sale.
1.6 “Timed online auction, tender auction, live auction, or a fixed price sale” means an In2Corporate Ltd auction as defined in the terms and conditions..
1.7 “Password” means the password allocated to the Buyer at the time of registration for an online sale.
1.8 “Registration” means the registration of a Buyer for a timed online auction, tender auction, live auction, or a fixed price sale. Registration binds the buyer to In2Corporate Ltd terms and conditions of sale.
1.9 “Reserve” means the reserve price as stipulated by the Seller.
1.10 “No Reserve” means that the seller will allow the market to decide the end price commencing with a low start price agreed prior by the seller and In2Corporate Ltd on the Receipt Form in accordance with this Agreement.
1.11 “Summary” means the Summary of Commission and Charges of In2Corporate Ltd.
1.12 “Terms and Conditions” means the In2Corporate Ltd timed online auction, tender auction, live auction, or a fixed price sale terms of sale.
1.13 “Website” means the website in this case Bidspotter.co.uk
2. Agreement
2.1 The Buyer agrees that by participating in any timed online auction, tender auction, live auction, or a fixed price sale. The Buyer will abide by this Agreement.
2.2 The Summary and the Terms and Conditions will also form part of this Agreement. By participating in any timed online auction, tender auction, live auction, or a fixed price sale, you will agree to abide by the terms of the Summary and the Terms and Conditions.
3. Registration
3.1 Registration is required to bid in any timed online auction, tender auction, live auction, or a fixed price sale. Registration is free and does not obligate you to purchase anything. Registration requires you to provide In2Corporate Ltd with certain true, complete and accurate information about yourself. If you wish to participate in any timed online auction, tender auction, live auction or a fixed price sale or make a Bid, you will be required to provide details of a credit, debit or charge card and must certify that you are fully entitled to use the credit, debit or charge card at the time you provide such details. Each time that you Bid in the timed online auction, tender auction, live auction, or a fixed price sale you may be required to confirm your right to use the card, and also that such a card has sufficient funds to cover all charges to be incurred on it.
3.2 Any Username & Password issued to you is strictly private and confidential and may only be used for the purposes for which it is provided. The Username must be quoted by you in all correspondence relating to any online sale or in any Bid. You shall be responsible for all acts carried out or resulting from any use of your Username & Password by another party, whether authorised by you or otherwise. We reserve the right to withdraw any Username & Password which we consider to have been misused or where we believe there has been a security breech.


4. Suspension or Termination of Registration
4.1 In2Corporate Ltd reserves the right to suspend or terminate the Buyers Registration and/or Username & Password and the right to use the website and/or participate in any timed online auction, tender auction, live auction, or a fixed price sale at In2Corporate Ltd sole and unfettered discretion. No Buyer who’s Registration has been suspended or terminated may re-register without In2Corporate Ltd prior consent in writing.
5. Buying an Item
5.1 Bidding for an Item is an irrevocable offer to buy the Item at the Bid price. The winning bidder is the one who places the highest Bid that meets or exceeds where applicable any reserve set by the Seller by the deadline stipulated in respect of the timed online auction, tender auction, live auction, or a fixed price sale. If the Buyer is the highest bidder the Buyer is obligated to complete the transaction if the Bid is accepted. You authorise In2Corporate Ltd to debit your credit, debit or charge card for the relevant amounts (including any applicable, VAT, sales tax, shipping, etc.) in such circumstances.
5.2 If applicable any identical Bids are accepted, the first Bid received will take precedence. In2Corporate Ltd shall not be responsible for any Bid not arriving or being delayed for any reason. In2Corporate Ltd determination of the winning bidder will be conclusive. All unsuccessful Bids for any item will lapse after the close of any timed online auction, tender auction, live auction, or a fixed price sale of an Item.
5.3 Online Tender Sales will specify a closing date and time (“the Closing Time”) by which Bids should be made. Please note that In2Corporate Ltd reserve the right at all times to:
5.4 consider or accept Bids on behalf of the Seller prior to the specified Closing Time; and
5.5 alter, shorten or extend any Closing Time, and inform any potential Bidders that we are considering a Bid or Bids in respect of the inventory, up until a new closing time; and In2Corporate Ltd shall endeavour to inform all potential Bidders in the event that a Closing Time is being changed.
5.6 No Contract shall be formed in respect of a Tender Sale until In2Corporate Ltd confirm acceptance of your Bid to the buyer by email in order to issue the relevant invoice.
5.7 In2Corporate Ltd reserve the right to accept commissioned bids to purchase inventory on behalf of Bidders, providing such commissioned Bids are given in the appropriate written or by email with a deposit bond in place, and are accepted by In2Corporate Ltd.
6. Description of Items
The Buyer is required to carefully read the entire listings for information about the Item, including the description section and any other information provided by the Seller. The Buyer must not rely solely on the title of the Item for a complete description of the Item. Condition Reports are available on request on most items. Descriptions are educated opinions based on the information available, provided by the Seller at the time of cataloguing. The buyer must make his/her own independent determination regarding the condition of the Item. The Buyer must be certain that he/she understands any shipping and payment terms set by the Seller.
If you are providing your own logistic arrangements any dispute must be filed immediately upon collection, if your shipping is being handled through In2Corporate Ltd you must advise our office within 24 hours following delivery of merchandise and a dispute form must be submitted. We will investigate the matter and come to a resolution within 10 business days. All parties must abide by the dispute resolution provided by In2Corporate Ltd
In2Corporate Ltd offers an efficient dispute process, providing final say in resolution for any dispute filed in the event of sellers misrepresentation in the description of a lot they are selling, this listing will be used in evidence as per our terms and conditions. Buyers and sellers have agreed to use this dispute resolution process and buyers should not use credit card charge backs as an alternative way to resolve a dispute. Any buyer who attempts to rescind a credit card transaction (i.e. charge backs) without our express written consent will be IMMEDIATELY banned from In2Corporate Ltd.
7. Cancelling or Retracting a Bid
7.1 A Bid is an irrevocable promise to purchase the Item available in the listing.
7.2 Bids may not be retracted except under certain situations such as manifest typographical errors (which shall be subject to In2Corporate Ltd sole determination, please see our reference to dispute resolution) or a material change to the auction listing (which shall be subject to In2Corporate Ltd sole determination).
7.3 A material change to the live/online sale would include a significant modification or amendment to the terms of the sale, shipping method, the title/description or identity the Item being altered, or material change in the photograph (if used) for the Item. However In2Corporate Ltd does, at times, publish Sale Room Announcements in live sales (which are also noted by the Auctioneer). These take precedence over certain lot descriptions and terms in the sale catalogue. All Buyers should review any Sale Room Announcements prior to bidding on a lot.
7.4 You must contact In2Corporate Ltd to request that your Bid be cancelled. To cancel a bid In2Corporate Ltd must receive a written request from the Buyer and a written acceptance from the Seller of the Item. Only when In2Corporate Ltd receives the written acceptance from the Seller in any timescale requested by In2Corporate Ltd, will your Bid be cancelled.
8. When the Winning Bidder Does Not Buy
8.1 If the winning Bidder does not buy or complete a successful live/online auction within 7 days, In2Corporate Ltd retain the right to contact the second highest bidder or any other bidder to offer the Item at the highest bid offered by that Bidder. If the Buyer is contacted in this way, the Seller shall allow a reasonable time for the Buyer to respond.
8.2 In the event that a buyer is successful in winning an item in the auction, or submits an accepted tender or buy it now offer and fails to pay for the item, In2Corporate Ltd reserves the right to levy a charge of £100 or the value of the winning bid, whichever is the lesser. This is to ensure that all bidders are genuine and reflects the cost of re-running the item for another auction.


9. Capacity to Contract
9.1 The Buyer must be legally able to enter into contracts for the Item that is Bid for. Generally this means you must be at least 18 years old if you are an individual. The Bidder must have the intention and ability to perform under the terms of any submitted Bids and under any purchase contracts that result from acceptance of such Bids by In2Corporate Ltd.
10. Reserves and Estimated Prices (where applicable)
10.1 All Items will be offered for sale at any timed online auction, live auction, and sale of an Item, subject to either the Sellers confidential Reserve, unless the Seller chooses to sell the items without reserve. The Reserve is the minimum price, which the Seller will usually accept for the Item, and below which the Item will not usually be sold. The Seller may refuse at his sole discretion to accept any offer and shall not be obliged to accept any offer nor the highest offer or offers tendered. The Seller reserves the right to accept the whole or such part of any offer or offers as he may think fit.
IMPORTANT: Your highest bid will be treated as a valid bid even if the reserve is not met. The Seller reserves the right to accept the whole or such part of any offer or offers as he may think fit. Remember when placing a bid you are bidding to buy. Each item, when published by us, may state an estimated price, being the price range reflecting our opinion of the amount the Item may be expected to bring at auction, based upon such factors as its condition, provenance, quality, rarity and prices paid at auction for comparable items. The estimated prices will not include the Commission, VAT (if applicable), Shipping and Insurance Charges, and Sales Taxes (if any), and may be revised prior to any timed online auction, tender auction, live auction, or a fixed price sale of an Item. with or without prior notice.
10.2 Bid manipulation and fraudulent bidding are prohibited.
10.3 Collusion between Bidders, or any form of price manipulation or bid rigging, obtaining more than one Registration, or other associations or aliases to artificially manipulate the bidding on an Item is strictly prohibited. You will not directly or indirectly attempt to manipulate the market.
10.4 The auctioneer reserves the right for the seller or their agent to bid on lots up to the sellers reserve price. The reserve price is held privately and may not be published on the auction lot.
10.5 Making Bids under a false name or with a stolen or invalid credit card is prohibited. We may in our sole discretion (I) refuse or remove bids which In2Corporate Ltd believes are fraudulent; or (ii) cancel Bids which In2Corporate Ltd believes are not made in good faith or made in violation of applicable law. If you are in breach of the Terms and Conditions against such improper bidding, we shall continue to be entitled to payment of our Commission as if the purchase of the Item had been properly completed for the amount which was Bid.
11. Delivery and Completion of Sale
11.1 Buyer agrees to bear the cost of transporting and international shipping as well as any importation. VAT sales, or use taxes that are due at the time of the transaction. The buyer can also request a shipping quote from In2Corporate Ltd
11.2 Any right to return the item(s) following delivery must be made in accordance with the Terms and Conditions.
12. Commission
The Commission which shall be an amount payable to In2Corporate Ltd in addition to the Bid Price shall be charged by In2Corporate Ltd in accordance with the terms and conditions.
13. Withdrawal
13.1 Withdrawal of Item or Cancellation of any timed online auction, tender auction or live auction,
13.2 We reserve the right to withdraw any Item from any timed online auction, tender auction, live auction, or a fixed price sale of an Item.
14. Credit Card Details
14.1 Any credit, debit or charge card details supplied by the Buyer may be used by us without further notification to obtain payment of all sums which become due from you under the terms of this Agreement.

15. Limitation of Liability
15.1 In2Corporate Ltd accepts no liability for any indirect, consequential or economic losses or any loss of profit. We shall not be liable for any failure of the Internet, whether in respect of end-to-end connectivity or any failure by any email to reach its destination within the expected time or at all. We shall not be responsible for any failure to fulfil our obligations due to any matter which is beyond our control, including technical malfunctions.
15.2 The maximum amount of In2Corporate Ltd liability to the Buyer for breach of our obligations, for negligence or otherwise (to the fullest extent that it is possible to limit such liability at law), shall be the successful Bid price of an Item provided that the transaction has completed. If there has been no completion, In2Corporate Ltd accepts no liability to you, to the fullest extent permissible by law.
15.3 In2Corporate Ltd accepts no liability for loss, damage, theft or unauthenticated items presented through us as authentic which may possibly if ever slip through the net. Items proven unauthentic will be returned with a fixed In2Corporate Ltd penalty of £10,000 for misrepresentation and reputation compensation to cover our company policies and standards.
16. LIABILITY
16.1 Nothing in these terms and conditions shall limit in any way In2Corporate Ltd liability:
16.2 For death or personal injury caused by our negligence;
16.3 Under the Consumer Protection Act 1987 or the Sale of Goods Act 1979;
16.4 For fraud or fraudulent misrepresentation; or
16.5 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
16.6 In2Corporate Ltd are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
16.7 loss of income or revenue;
16.8 loss of business;
16.9 loss of profits or contracts;
16.10 loss of anticipated savings;
16.11 loss of data; or
16.12 waste of management or office time however arising, provided that this clause 18.4 shall not prevent claims for loss of or damage to the Buyer’s tangible property that fall within the terms of clause
16.13 Or any other claims for direct financial loss that are not excluded by any of the above categories inclusive of this clause.
16.14 The Buyer hereby indemnify In2Corporate Ltd and the Seller, our employees and agents against any and all losses, damages or expenses suffered as result of the Buyer’s breach of these terms and conditions, and shall obtain the requisite insurance cover against this indemnity.
17. Notices
17.1 Notices to us shall be given by recorded delivery mail, to our address at
In2Corporate Ltd
Unit Q Lyons Industrial Estate
Atlantic Street
Altrincham
Manchester
WA14 5DH
United Kingdom
and notice shall be given to you by email to the address provided on the Registration form. Email notices given by us shall be deemed effective on the day they are sent whether or not they are received. Notices by mail will be deemed accepted and delivered.
17.2 You agree that email correspondences between us shall be binding in relation to all notices which either of us needs to give the other. It is your sole responsibility to ensure that your emails are checked regularly and can be accessed by you at all times including during any period where you maybe travelling. You shall be solely responsible for notifying us in the event of any change in your email address and for obtaining back-up facilities in the event of any server failure or other malfunction.
18. Entire Agreement
This Agreement and the documents referred to in it represent the entire agreement between us in respect of the subject matter and may only be amended either by written agreement between us, signed on behalf of both parties (in respect of which agreement conducted by electronic mail shall constitute signature) or by In2Corporate Ltd issuing a general amendment shall be effective from the time of posting in the sale room or website and it is your obligation to keep yourself informed of amendments to the terms and conditions.
19. Resolution of Disputes and Applicable Law
If you are providing your own logistic arrangements any dispute must be filed immediately upon collection, if your shipping is being handled through In2Corporate Ltd tiontag.com you must advise our office within 24 hours following delivery of merchandise and a dispute form will be provided. We will investigate the matter and come to a resolution within 10 business days. All parties must abide by the dispute resolution provided by In2Corporate Ltd
In2Corporate Ltd offers an efficient dispute process, providing resolution for any dispute filed because of gross misrepresentation. As per our terms and conditions, buyers and sellers have agreed to use this dispute resolution process and should not use credit card charge backs as an alternative way to resolve a dispute. Any buyer who attempts to rescind a credit card transaction (i.e. charge backs) without our express written consent will be IMMEDIATELY banned from In2Corporate Ltd
In2Corporate Ltd and the Buyer agree that the English Courts shall have exclusive jurisdiction in respect of any dispute arising between us, other than in respect of the enforcement of judgments, where their jurisdiction shall be non-exclusive. English law shall govern the contract between us.
20. Photography
All photographs uploaded on Bidspotter.co.uk are provided for illustrative purposes only. Variations in colour and tone may occur during printing, thus images of lots should not be depended upon as actual representations of colour or condition.
21. COLLECTION, HANDLING AND CONDITION OF LOTS
21.1 Unless specified otherwise in the Special Conditions:
21.2 Buyers will be responsible for collection and removal of Lots purchased by them and must provide their own labour and equipment to effect such removal. Removal of inventory is at the Buyer’s expense and risk;
21.3 No inventory or part thereof can be removed until payment is made in full for it, together with payment of all other amounts due
21.4 No inventory shall be cleared without our authority, and no inventory shall be cleared unless In2Corporate Ltd or our employees or agents are present; and
21.5 Removal of inventory shall take place only upon the scheduled set date and times stated in each listing.
21.6 In2Corporate Ltd may at our discretion require the payment of a deposit prior to and/or during the removal of any inventory, which will be refunded on such removal being completed to our satisfaction. If the Buyer refuses to deposit such monies, In2Corporate Ltd or the premise owner may refuse the Buyer access to the relevant premises for the purposes of removing the inventory and/or to rescind the Sale without penalty.
21.7 All equipment used for lifting and transporting heavy items which have been purchased, including but not limited to fork lift trucks and other lifting devices, shall be fit for their purpose and for safe operation and covered by appropriate insurance and registration documents. This documentation may be required by ourselves or the premise owner for inspection and In2Corporate Ltd may refuse permission for the Buyer to use any such devices which we consider not to comply with the foregoing requirements.
21.8 The Buyer hereby indemnifies In2Corporate Ltd and the premise owner against and will make good any injury or damage to persons or property caused by it when handling inventory, and shall insure against this obligation and indemnity.
21.9 The Buyer shall have no right to anything not described on Bidspotter.co.uk website or in the relevant inventory list.
21.10 In exceptional circumstances we may agree to deliver inventory to the Buyer or store Lots bought by the Buyer in which case the following conditions shall apply, unless we agree otherwise in writing:
21.11 delivery of the Lots shall take place at our place of business;
21.12 the inventory shall be at Buyer’s risk from the time the Sale ends;
24.13 You shall take delivery of the inventory within 2 days of In2Corporate Ltd giving notice that the inventory is ready for delivery;
24.14 Any dates specified by Us for delivery of the inventory to the buyer is intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time;
24.15 Subject to the other provisions of these conditions In2Corporate Ltd or the Premise owner shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the inventory (even if caused by our negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days;
24.16 In2Corporate Ltd may store the inventory until delivery, and the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance); and
24.17 The Buyer shall provide at the delivery point and at its expense adequate and appropriate equipment and manual labour for taking delivery of the inventory.
24.18 Appropriate protective clothing, such as hard hats and safety shoes, must be worn during any removal or transportation activities involving inventory and due regard paid to relevant handling practices, laws regulations and codes of practice as well as any of the Seller’s or safety stipulations.
24.19 All electrical equipment and electrical supplies must be left in a safe condition during and after the removal of inventory and the use of explosives, flame cutting equipment or any other potentially hazardous or inflammatory process, shall not be permissible on the site without our express written consent.
24.20 It is expressly brought to your attention that, at the time of sale, any item of plant, machinery or equipment contained in the inventory may not necessarily comply with relevant Health and Safety or any other legislation governing the use of that plant, machinery or equipment, and no warranty is given that any inventory will so comply. From the conclusion of the relevant Contract it is the Buyer’s responsibility to ensure that such inventory will be safe and that their use does not contravene any legislation.
24.21 Certain items included in the inventory could contain blue and white asbestos, dangerous chemicals, or other substances which if not handled correctly during their removal from the site could result in a breach of Health and Safety legislation or other relevant legislation. It is the Buyers responsibility to comply with this legislation from conclusion of the relevant Contract.
24.22 Neither In2Corporate Ltd nor the Seller represents that any Lot sold which comprises furniture or furnishings subject to the Furniture and Furnishings (Fire & Safety) Regulations 1998, or similar legislation, are in a condition which makes them suitable for domestic use. Prior to supplying such inventory for domestic use the Buyer must therefore ensure that they comply with the requirements of such laws and regulations.
24.23 Buyers must ensure that any plant or motor vehicles forming part of the inventory comply with all relevant Laws and Regulations and have all necessary permits, certificates and authorisations before being used and In2Corporate Ltd warrant the accuracy of any recorded mileage on any motor vehicle forming part of the inventory.
24.24 The Buyer undertakes not to disclose or make available to any third party any unlicensed software loaded on any computer equipment forming part of inventory, or any part thereof. The Buyer further undertakes to erase any such unlicensed software at the earliest opportunity, and indemnifies In2Corporate Ltd from any liabilities arising out of the use of any unlicensed software loaded on any hard disc equipment forming part of inventory.
24.25 In2Corporate Ltd makes any warranty whatsoever in relation to computer hardware, software and/or equipment, all of which is bought at the Buyer’s own risk.
25. RISK AND TITLE
25.1 Title to the inventory shall only pass to the Buyer upon the latter of full payment for such inventory together with any other sums due from the Buyer to ourselves or the Seller, and removal of the inventory in accordance with these terms and conditions, and anyone purporting to sell inventory before having title to do so in accordance with these terms and conditions, will be deemed to hold and shall hold the sale proceeds on trust as agent for In2Corporate Ltd and the Seller.
25.2 The Inventory will be at the Buyer’s risk from the time the relevant Sale ends and the Buyers shall affect insurance for these risks at once. In no circumstances will In2Corporate Ltd be held responsible if any inventory or part thereof is stolen damaged or destroyed after the Sale ends.
25.3 The Seller shall only sell such title to the inventory as it may have.
25.4 Prior to clearance of any inventory In2Corporate Ltd may rescind the Contract for the sale of that inventory should any third party claim title to or possession of any part of the inventory.
25.5 If at any time In2Corporate Ltd or the Seller establish that each part of the inventory is subject to a charge, lien, retention of title claim or other encumbrance or that the Seller does not have an unencumbered title thereto then either In2Corporate Ltd or the Seller may give notice in writing that the inventory is to be excluded from the relevant Sale. In this case the Buyer shall be deemed to have waived and relinquished such title as it may have acquired to such inventory and this shall not be a ground for rescinding, avoiding or varying any or all of the provisions hereof or, for recovery of any or the entire purchase price paid by the Buyer.
25.6 If the title of the Seller to any inventory or part thereof which is transferred to the Buyer is called in to question by any third party, or if there is a dispute in relation to these Terms and Conditions, the Buyer will allow the Seller access to the inventory in question during normal business hours for the purpose of resolving such question.
25.7 If any inventories are excluded from these Terms and Conditions in accordance with Clause 9.5, the Buyer undertakes with In2Corporate Ltd and the Seller to:-
25.8 to deliver at its own expense the inventory on being requested to do so by In2Corporate Ltd or the Seller to such place as we shall require; or
25.9 to repay us or the Seller upon demand such amount as is agreed between the Seller and the owner of the relevant inventory or party having a claim thereto, as represents the sum recoverable from the Seller by reason of the Buyer’s failure to deliver the Lot in accordance with sub-clause 9.7.1.
26. EVENTS OUTSIDE OUR CONTROL
26.1 Neither In2Corporate Ltd nor the Seller will be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
26.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond reasonable control and includes in particular (without limitation) the following:
26.3 strikes, lock-outs or other industrial action;
26.4 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
26.5 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
26.6 impossibility of the use of public or private telecommunications networks including the internet and other computer networks; or
26.7 The acts, decrees, legislation, regulations or restrictions of any government.
26.8 Performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and In2Corporate Ltd and the Seller will have an extension of time for performance for the duration of that period. In2Corporate Ltd will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
27. WAIVER
27.1 If In2Corporate Ltd fail or the Seller fails at any time to insist upon strict performance of any of the Buyer obligations under the Contract or any of these terms and conditions, or if In2Corporate Ltd fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the Buyer from compliance with such obligations.
27.2 A waiver by In2Corporate Ltd or the Seller of any default by You under these terms and conditions shall not constitute a waiver of any subsequent default.
27.3 No waiver by us or the Seller of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to the Buyer.
28. SEVERABILITY
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
29. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
29.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.