Appendix - Definitions and Interpretation
In each Contract, the definitions and rules of interpretation and definitions in this Appendix apply.
• "Business Day" means a working weekday (other than a Saturday or Sunday or public bank holiday) in England when the banks in London are open.
• "Buyer", "you" or "your" means the person, firm or company named as the buyer in a Quotation.
• "Company", "we", "our" or "us" means Parkside Ceramics Limited Registered in England No. 01732302 VAT No. 372 2996 24. Parkside Ceramics Limited trades as 'Parkside' and 'Strata Tiles'.
• "Contract" means an agreement between you and us for the sale and purchase of the Products specified in a Quotation and incorporating these terms and conditions in accordance with clauses 2 - 4 (ORDERING AND TERMS AND CONDITIONS).
• "Delivery Point" means the location for delivery of Products as specified in a Quotation, or as otherwise agreed between you and us.
• "Force Majeure" means an event or sequence of events beyond our reasonable control preventing or delaying us from performing our obligations under a Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster; restrictions on the operation of our business or that of any of our suppliers or transport operators which are imposed by law (including in response to COVID-19); war, riot or civil unrest; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; restriction on availability or unavailability of Products or other material required for performance of the Contract; strike, lockout or boycott or other industrial action including strikes or other industrial disputes involving our or our suppliers workforce. But excluding your inability to pay or circumstances resulting in your inability to meet your obligations.
• "Insolvent" means, being an individual you die, you have a bankruptcy order made against you, you make or take steps to make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except for a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed to your undertaking or any part of it, or documents are filed with the court for the appointment of an administrator of you or notice of intention to appoint an administrator is given by you or your directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for your winding-up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade.
• "Order" means an order for Products within the meaning given in clause 2,
• "Quotation" means a quotation for Products within the meaning given in clause 2,
• "Products" are those saleable items to be supplied to us to you as specified in a Quotation (including any part or parts of them).
Rules of Interpretation
• A reference to a party (you or us) includes that party's personal representatives, successors and permitted assigns.
• A reference to a 'person' includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person's personal representatives, successors and permitted assigns.
• A reference to a gender includes each other gender. Words in the singular include the plural and vice versa.
• Any words that follow 'include', 'includes', 'including', 'in particular' or any similar words and expressions will be construed as illustrative only and will not limit the sense of any word, phrase, term, definition or description preceding those words.
• Any clause, schedule or other headings is included for convenience only and will have no effect on the interpretation of these terms and conditions.
• A reference to legislation is a reference to that legislation as amended, extended, re-enacted or consolidated from time to time, except to the extent that any such amendment, extension or re-enactment would increase or alter our liability under a Contract.