Terms & Conditions

466 accordance with the definition of “defect” contained in Part 1 of the Act. 17.3 The Buyer acknowledges that it is under a duty to pass on to its customers all instructions, information and warnings supplied to it by Mila with the goods. 18. GENERAL 18.1 The contract is entered into between Mila and the Buyer as principals and the Buyer shall not be entitled to assign the benefit or burden of it or of any interest in it (including but not limited to any guarantee) without the prior written consent of Mila. Mila shall be entitled to sub-contract the whole or part of its obligations under the contract and to assign its interest in the contract. 18.2 If these conditions shall be or become void in whole or in part, the other provisions shall remain valid and enforceable and the void provisions shall, where appropriate, be replaced by other provisions corresponding as closely as possible with the void provisions. 18.3 A failure by Mila to exercise, or a delay in exercising, any right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies which Mila may otherwise have and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. 18.4 Any waiver by Mila of a breach of any of the terms of this Agreement or of any default under this Agreement shall not be deemed a waiver by Mila of any subsequent breach or default and shall not affect the other terms of this Agreement. 18.5 A person who is not a party to the Agreement (a “third party”) shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 (the “Act”) to enforce any of these conditions. Any right or remedy of a third party which exists or is available apart from the Act is not affected. 18.6 The parties agree that any disputes arising or in any way connected with the subject matter of this Agreement (whether of a contractual or tortious nature or otherwise) shall be subject to the laws of England and in the case of proceedings issued against Mila shall be subject to the jurisdiction of the English courts only. 18.7 Credit reference agencies - We will make a search and/or enquiry of a credit reference agency that will keep a record of such search and may share it with other businesses. In doing so we will also share your personal data and trade performance with such credit agencies who may go on to share such information with third parties in assessing applications for credit and fraud prevention. For Credit Circle members information including trade credit performance will be made available to other organisations. 18.8 To the extent any personal data is collected or processed under or in connection with these Conditions it shall be collected or processed in accordance with applicable law and the Sellers privacy policy (and where applicable cookies policy) which can be downloaded from our website at www.mila.co.uk . 01.12.17