Terms & Conditions
Clauses 1 through 12 are applicable to the following sub-Sections:
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A. Online Shop for Parts
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B. Repairs and Servicing
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C. Hot Tub Sales
1 Company Information
Spa Simple Ltd is a company registered in England and Wales under company number 14618018 with its registered office at 1 Curator Rise, Street, England, BA16 0GF.
Please refer to Spa Simple's website at www.spasimple.co.uk for information about how to contact us.
2 Interpretation
2.1 A “business day” means any day other than a Saturday, Sunday or bank holiday.
2.2 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
2.3 Words imparting the singular number shall include the plural and vice-versa.
2.4 For the purposes of this document Spa Simple may be referred to as any of the following: Spa Simple, the company, Seller, our, us or we.
2.5 You (the customer) may be referred to as the customer, your, you, they or Buyer.
3 Trading Hours
Our offices are open Monday — Friday 9.00am — 5.00pm [excluding public holidays], during which our phone and email facilities are manned by our out-of-hours support team.
Our pledge is that should you leave a message on our twenty-four-hour telephone answering service, or send us an email, that we will return your enquiry within twenty-four hours.
The above does not apply to non-business days such as weekends, public holidays or closure due to unforeseen circumstances.
4 Copyright
All images text design and format are the original property of Spa Simple Ltd. Copyright theft is taken extremely seriously by Spa Simple Ltd and such material taken from www.spasimple.co.uk or any of our other associated websites [without prior Written Notice] will be treated as Copyright Theft and legal action will incur. Our appointed Representatives and Solicitors will monitor and act upon any of these instances without warning.
4.1 Images are for display purposes only and should not be used for correctly identifying a replacement. Please refer to the products description for this.
5 Notices
Unless otherwise expressly stated in these Terms and Conditions all Notices from you must be in writing and sent to our contact postal address as detailed in Clause 1. All Notices from us to you will be displayed on our website from time to time.
6 Severance
In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).
7 Privacy and Personal Details
You acknowledge and agree to be bound by the Terms of our Privacy Policy which is that Spa Simple Ltd will at all times respect the privacy of all personal information entered on the website. Your personal information will not be shared with third parties. All payment information entered into our website is processed by a secure payment process and none of your payment details is kept by Spa Simple Ltd. To view the full privacy policy, visit the website.
8 Complaints
Spa Simple Ltd promises to do its best to provide you with the service that you expect. However, we appreciate that sometimes things do not always go to plan and we, therefore, welcome the opportunity to constructively listen and learn from such instances. So, if you should have a genuine grievance about our services or one of our products then we want to know about it and would ask that you first bring it to our attention either by telephoning us outlining the details and providing a brief description, and if necessary, we may ask you to follow this up in writing in order that we can provide you with the time and care needed to deal with this effectively and appropriately for you. All complaints made in writing will be responded to within seven days.
9 Third Parties
Spa Simple Ltd can only take responsibility for our employees and we are happy to advise that they are covered by public and employee liability insurance. Unfortunately, we cannot accept responsibility for anything stated by another party either on our behalf or in relation to any products or goods that we retail and this should be interpreted as a variation of our Terms and Conditions.
10 Governing Law
10.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by and construed in accordance with, the laws of England and Wales.
10.2 Any dispute, controversy, proceedings or claim between the Seller and the Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
11 Entire Agreement
These Terms and Conditions together with our current website prices, delivery details, contact details and Privacy Policy set out our whole Agreement relating to the supply of Services to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any Goods offered for sale by us. Save for fraud or fraudulent misrepresentation we shall have no liability for any such representation being untrue or misleading. No other terms and conditions shall apply to the sale of the Goods or to the invoice unless agreed upon in writing between the Buyer and Seller.
12 Calls
All calls are recorded for quality and training purposes. In accordance with the General Data Protection Regulation (GDPR) and Payment Card Industry Data Security Standard (PCI DSS), call recording can be disabled by verbal request for that specific call. The operative will manually disable recording before taking any card details for payment and will reinstate it after payment is complete.
A. Online Shop for Parts (Aqua Warehouse LTD)
Clauses 13 - 1 through 17 apply to Online Shop for Parts Only. Spa Simple Ltd offers no direct online sales. The below Terms and Conditions of Sale, are representative of Aqua Warehouse LTD and not Spa Simple Ltd. All references to 'we' or 'the seller' is applicable to Aqua Warehouse LTD.
13 Terms & Conditions
Aqua Warehouse LTD trading as Aqua Warehouse, Aqua Spa Supplies and Spa Simple ("we", "us" or "our") provides the services available on the Site to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
1. PRIVACY POLICY
Please also review our Privacy Policy, which forms a part of these Terms and Conditions and governs your visit to the Site, so that you may understand our privacy practices.
2. ABOUT
Aqua Warehouse LTD trading as Aqua Warehouse, Aqua Spa Supplies and Spa Simple
Aqua Warehouse LTD trading as Aqua Warehouse, Aqua Spa Supplies and Spa Simple is the supplier of the goods and is registered in England as Aqua Warehouse LTD, 1, Royal Terrace, Southend, Essex, SS1 1EA
3. PRICES
The prices indicated in the retail section for products available via the Site do include UK VAT and do not include delivery charges The prices indicated in the trade section for products available via the Site do NOT include UK VAT and do not include delivery charges.. VAT will be charged (where applicable) at the current rates. Shipping will be added automatically during checkout according to the delivery address.
4. PRODUCT INFORMATION
We will do our best to ensure that all information, descriptions, photographs and prices of products appearing on the Site are correct at the time when the relevant information was entered onto the system. Though we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site may not always reflect the product exactly at the moment you place an order.
5. RESELLING OF PRODUCTS
Please note that all products and services available on the Site are for personal use only. You may not sell or resell any of the products or services. We reserve the right to cancel or reduce the quantity of any orders that we believe may result in the violation of our Terms and Conditions.
6. ONLINE ORDERS
When you order online you will be helped through the process by simple instructions on the Site. You may review your order and confirm or correct it prior to finally placing your order. You place your order request for goods from the Site by clicking on the Submit button at the end of the online order process. When you have placed your order we will send you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit card.
If you require an invoice, please contact us at +44 (0)1245.477400 or. If you require any further information regarding your order(s) please contact Customer Services on +44 (0)1245.477400 or (opening hours 9:00am - 5:00pm Monday to Friday). We may not accept your order if we suspect fraudulent activity or violation of our Terms and Conditions (including our Privacy Policy).
If for some reason we are unable to fulfil your order, we will contact you by email or telephone.
7. PAYMENTS AND REFUNDS
You may pay using credit card or PayPal account. When paying by credit card you confirm that the credit card that is being used is yours. All cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery. On occasion, and for frequent (trade only) customers we can, out of goodwill and understanding despatch orders prior to payment. Payment must be made within 14 days from despatch by either cheque or bank transfer.
If you need to return an order for a refund we will issue you a credit note and return the money to the card or PayPal account used to make the purchase. Unfortunately we cannot return money outside of a 60 day period (from the date of the order) as this is a timed limitation on our merchant account. On this occasion will be required to create a voucher for the value of the returned parts.
8. DELIVERY
We will deliver the goods following the delivery option selected by you during the order process. Any delivery timescales quoted to you are indicative only. If some of our stock is unavailable when you place your order we will inform you of the out of stock items and allow you the choice of either (a) having a cash refund or (b) a shop voucher or (c) choosing to have the out stock parts shipped with a future (freight paid) order, beneficial if you are a frequent buyer. We do not accept any liability for delayed delivery caused by any third party.
9. INTELLECTUAL PROPERTY
All the content on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "Content") is the property of Aqua Warehouse LTD, our affiliates, our partners or our licensors, and is protected by United Kingdom and international copyright laws. The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of Aqua Warehouse LTD, our affiliates, licensors or partners, in the United Kingdom and other countries, and are protected by United Kingdom and international trademark laws. All other Trademarks not owned by us, our affiliates, partners or licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Neither the Content, the Trademarks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
10. PRESS ARTICLES
Aqua Warehouse LTD does not accept any responsibility whatsoever for any celebrity endorsements in the Press articles displayed on this website. All articles have been reproduced here as they were originally printed and written by the original publisher. Any false claims or endorsements are the responsibility of the original publisher.
11. WEBSITE LINKS
A website that links to our Site may link to, but not replicate, our Content; may not imply that we are endorsing such website or its services or products; may not misrepresent its relationship with us; may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; may not use any Trademark without express written permission; and may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.
12. YOUR OBLIGATIONS AND RESPONSIBILITIES
In the access or use of the Site, you shall comply with these Terms and Conditions. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Aqua Warehouse LTD, our affiliates, partners or licensors.
13. YOUR PERSONAL INFORMATION
By submitting your details on our website you warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. Please see our Privacy Policy regarding the treatment of your personal information.
If your personal information changes please notify us immediately by contacting Customer Service on +44 (0)1245.477400 or email us through this website. Alternatively, you can update your details through the "My Account" page. You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You can cancel your account at any time by contacting Customer Services on +44 (0)1245.477400or by email through this website. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Aqua Warehouse LTD best interests to do so.
14. INDEMNIFICATION
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorney’s fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorney’s fees, resulting from any action you take that imposes an unreasonable burden or load on our infrastructure.
15. COMPLAINTS
If you have any complaints or wish to discuss any matter in respect of the goods please contact Customer Service on +44 (0)1245.477400 or email us through this website.
16. DISPUTES
Your use of this Website and any purchase by you of any goods from aqua Warehouse Ltd shall be governed by English law and the parties hereto submit to the exclusive jurisdiction of the English courts. Any arbitration shall be heard at a court in London.
17. GENERAL
You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of or purchases on the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site.
We have taken great measures to ensure that your visit to the Aqua Spa Supplies website is an excellent one and that your privacy is constantly respected. If you have any questions, comments, or concerns about our privacy practices, please contact us by email through this website.
B. Repairs and Servicing
Clauses 22 through 26 apply to sub-Section B. Repairs and Servicing only.
22 Charges (all fees include taxes)
A call out or breakdown visit fee, which covers up to the first sixty minutes labour on site, is £95. This rate applies to our primary coverage area as listed on our website. Any additional labour is charged at an ongoing rate of £60 for every sixty minutes elapsed. These charges become payable on the day of the technician’s visit along with the cost of any parts used that are not covered under a recognised Manufacturers warranty.
Payments can be made by cash, or a card payment can be taken with our mobile wireless card machine. All payments are due on the day of the appointment. If you are not able to be present on the day of the visit but have arranged for the visit/works to be completed in your absence, we will require a pre-authorised card on account or be available by telephone on completion to make a payment by card. We aim to make all repairs on the day of our first visit but sometimes this is not always possible for various reasons such as, but not limited to, the following:
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more work than first anticipated or advised
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more faults are found that were not originally reported and so the job requires more time and costs for additional parts
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if parts are required that we do not have in stock at the time of the visit and so need to be ordered causing the job to be rebooked for an additional appointment to complete the works.
You will be notified of any other costs involved prior to work commencing so that you can make an informed decision as to whether you wish to proceed with further remedial works. The technician will advise you as to any of the above on the day of his visit. If you are not available then we will notify you at the earliest opportunity.
In the event for any of the above reasons that the works cannot be completed on the day of the original visit, you will be required to pay the pre-quoted call out/breakdown fee. All additional works will be charged on our return visit once agreed.
23 Return Visit/Rebooked Work
All additional works required, booked as part of a return visitor rebooked work will not incur a second call out/breakdown fee providing that the visit falls within ninety days of the original call out/breakdown. Labour on site and Parts (if applicable) will be charged on completion of the return visit. Prices for spare parts may be subject to change during this period but you will be advised and agreed prior to our visit.
The above applies to ongoing jobs only and does not apply to new unrelated faults that may develop following a repair or a service.
24 Parts Supplied by the Engineer
Our technicians carry as many parts as possible on their vehicles and will stock any parts felt necessary prior to attending to a scheduled visit on site that they envisage will be required. However, as this is on the basis of the fault description provided, occasionally other parts may be required and a return visit/rebook may be required – please see Clause 23 above. If a part is not in stock on the engineer’s vehicle and has to be ordered in from our supplier then we will advise you of this as soon as possible and provide you with an estimated date of arrival and costs if applicable. Once the part is received we will book an appointment for you at the earliest available date.
25 Cancellation
Cancellation by you is free from charge providing that it is made in writing by post, email or telephone with a minimum twenty-four hours notice. Cancellation with less than twenty-four hours notice can incur a 50% cancellation fee. The cancellation policy does not apply in any event if the cancellation is made within one hour of the appointment being confirmed.
Cancellation by us will be notified in writing by email following a phone call. We will always endeavour to complete all scheduled appointments accept for events beyond our control such as extreme weather or staff sickness.
Spa Simple Ltd does not take responsibility for damages or loss of earnings for failed appointments.
26 Insurances and Warranty
Spa Simple Ltd are covered by full public liability insurance. Spa Simple Ltd provide twelve months new Parts & Labour warranty following all completed works. New unrelated faults are not covered by this agreement.
C. Hot Tub Sales (Bristol Hot Tubs Ltd)
Clauses 27 through 41 apply to sub-Section C. Hot Tub Sales only. Spa Simple Ltd offers no direct sales. The below Terms and Conditions of Sale, are representative of Bristol Hot Tubs Ltd and not Spa Simple Ltd. All references to 'we' or 'the seller' is applicable to Bristol Hot Tubs Ltd.
27 Goods
27.1 The description of the Goods are as set out on the Seller’s website and confirmed in the invoice. In placing their order the Buyer has acknowledged that it does not rely on any other representations regarding the Goods save for those made in writing by the Seller. No descriptions of the Goods set out on the Seller’s website shall be binding on the Seller and are intended as a guide only.
27.2 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.
28 Price
28.1 Subject to sub-Clause 28.2, the price (“Price”) of the Goods shall be that detailed on the Sellers’ website, accepted by the Buyer and confirmed in the invoice.
28.2 Any increase in the cost of the Goods to the Seller due to any factor beyond the Seller’s control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, shall be reflected in this invoice in accordance with the Sellers right to increase the Price prior to delivery.
28.3 Any increase in the Price under sub-Clause 28.2 shall only take place upon the Seller informing the Buyer of the increase in writing.
28.4 The Price is exclusive of fees for packaging and transportation/delivery unless otherwise stated.
28.5 The Price shown on the Sellers’ website is inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority. The price shown on the order confirmation and invoice will show VAT separately.
29 Basis of Sale
A legally binding contract between us and you will be created upon our acceptance of your order, indicated by our invoice and upon receipt of any applicable deposit.
30 Distance Selling Regulations
30.1 Any order placed online, by email or by telephone (i.e not placed at our usual business premise) will fall under the distance selling regulations and are subject to a 14-day return or exchange right subject to sub-Clause 30.5 below.
30.2 Any request to exercise this right must be made in writing within 14 days of delivery of the goods.
30.3 The goods must be unused and in an ‘as new’ condition and failure to comply with this may result in the return being rejected and/or extra charges applied.
30.4 The goods must be returned to us within 14 days of the date we were notified of the return.
30.5 Distance selling regulations will not apply to any custom made orders. This includes any orders that have been adapted for the specific requirements of the customer. Where this is the case the order cancellation terms at Clause 31 will apply.
31 Order Cancellations
31.1 Where the distance selling regulations do not apply and you wish to cancel your order we will do our utmost to find an alternative product and/or payment method to suit your needs.
31.2 If we cannot reach an alternative solution and you still wish to cancel your order before delivery, a cancellation charge of 30% will apply.
31.3 The request to cancel must be made in writing at least 5 days before the planned delivery date (if this has been booked).
32 Payment
32.1 The Buyer shall pay the Price stated on the invoice, within the terms as stated on the invoice, or otherwise in accordance with any credit terms agreed between the Seller and the Buyer.
32.2 Payment must be made by the Buyer notwithstanding that delivery may not have taken place and/or that the property in the Goods has not passed to the Buyer.
32.3 Time for payment is of the essence of the Contract between the Seller and the Buyer.
32.4 All payments must be made in GBP unless otherwise agreed in writing between the Seller and the Buyer.
33 Finance Agreements
33.1 The Seller will make an application on behalf of the Buyer through the finance provider at the point of order.
33.2 The finance provider will carry out all necessary credit checks and the application will be either accepted or declined.
33.3 If accepted, the Finance Agreement must be signed by the Buyer forming a legally binding agreement between the Buyer and the Finance provider. The Buyer is then legally bound to pay the amounts specified on the Finance Agreement and consequences of not keeping up with these repayments shall be detailed on the Finance Agreement.
33.4 Delivery of the Goods will only be arranged after the Seller has received the Finance Agreement signed by the Buyer.
34 Delivery
34.1 The Seller will deliver the Goods on a date mutually agreed by both the Seller and Buyer. If delivery is delayed for any reason under no circumstances can compensation be considered or paid.
34.2 Lead times will vary for non-stock items. We will always provide our best estimate of lead time based on the information we have but changes to this may be out of our control.
35 Inspection of Goods
35.1 The Buyer is under a duty to inspect the Goods on delivery or collection.
35.2 If the Goods cannot be examined, the carriers note or such other note as appropriate must be marked “not examined”.
35.3 If the Buyer identifies any damage or shortages they must inform the Seller in writing within 7 days of delivery, providing details of the alleged damage or shortage. The Seller shall not be liable if the Buyer fails to provide such notice.
35.4 The Seller must be permitted to inspect the affected Goods before the Buyer uses, alters or modifies them in any way.
35.5 Subject to the Buyer’s compliance with Clause 35 and the Seller’s agreement with any alleged damage or shortages, the Seller shall make good any and all damage and shortages within a reasonable time.
35.6 The Seller shall be under no liability for and shall not indemnify the Buyer against any matters arising from damage or shortages.
36 Return of Faulty Goods
36.1 Faulty goods include those which are of unsatisfactory quality, not fit for purpose and/or not as described.
36.2 The Seller will offer either a repair, exchange or refund for any faulty goods rejected within 30 days of the date ownership began.
36.3 If the goods are rejected after 30 days from the date ownership began the Seller will offer to repair or replace the faulty goods.
36.4 The Seller shall only accept returned Goods if satisfied that those Goods are faulty.
36.5 The Seller shall not be liable for defects arising out of normal wear and tear, the Buyer’s failure to follow any instructions given by the Seller, misuse or alteration of the goods, negligence, wilful damage or any other act of the Buyer, its employees, agents or any other third party.
37 Risk and Title
37.1 Risk of damage to or loss of the Goods shall pass to the Buyer either when the Goods are delivered to the Buyer or when the Seller notifies the Buyer that the Goods are ready for collection.
37.2 If the Buyer wrongfully fails to take delivery of the Goods, risk shall pass to the Buyer at the time when the Seller has tendered delivery of the Goods.
37.3 Legal and beneficial title in the Goods shall not pass to the Buyer until the Seller has received, in cash or cleared funds, payment in full of the Price.
37.4 The Seller reserves the right to repossess any Goods in which the Seller retains the legal and beneficial title if full payment is not received in accordance with Clause 32. In the event of such repossession, the Buyer shall deliver the Goods in which legal and beneficial title has not passed to the Seller at its own cost.
37.5 The Buyer’s right to possession of the Goods in which the Seller retains legal and beneficial title shall terminate if:
37.5.1 the Buyer commits a material breach of its obligations under these Terms and Conditions;
37.5.2 the Buyer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors;
37.5.3 the Buyer enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
37.5.4 the Buyer convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator in respect of the Buyer, notice of intention to appoint an administrator is given by the Buyer or any of its directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer.
38 Rights, Warranties and Liability
38.1 We only supply Goods for domestic and private use. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). By making your Order, you agree that you will not use the Goods for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
38.2 Separate terms and conditions will apply to any goods supplied for business use.
38.3 The Seller shall not be liable for any loss or damages of any nature, direct or indirect or consequential damages suffered or incurred by the Buyer for whatever reason.
38.4 The exclusions of liability contained within this Clause 38 shall not exclude or limit the liability of the Seller:
38.4.1 for death or personal injury caused by the Seller’s negligence;
38.4.2 for any matter for which it would be illegal for the Seller to exclude or limit its liability; and
38.4.3 for fraud or fraudulent misrepresentation.
39 Communications
39.1 All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
39.2 Notices shall be deemed to have been duly given:
39.2.1 when delivered, if delivered by courier or another messenger (including registered mail) during the normal business hours of the recipient;
39.2.2 when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
39.2.3 on the fifth business day following mailing, if mailed by national ordinary mail; or
39.2.4 on the tenth business day following mailing, if mailed by airmail.
39.3 All notices under these Terms and Conditions shall be addressed to the most recent address, email address or fax number notified to the other party.
40 Events Beyond our Control
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.