26 Millbrook Dale,
Telephone Number 07802 935973
Help Desk Number 07802 935973
AXcess-electric-bikes hires electric bikes . By renting a electric bike, you are acknowledging that you have read and accepted the following terms and conditions at which point and on which date the contract between us (the Contract) for the supply of goods and services in accordance with these terms and conditions shall come into existence. The Hirer’s attention is particularly drawn to the provisions of clause 14:
1.1 Use of the Service is limited to a period of hire as described within these Terms and Conditions.
1.2 The Service shall be available all year, seven days a week without interruption, unless indicated otherwise on AXcess-electric-bikes website and except in the event of force majeure or where the competent authorities limit the use of the service or restrict bicycle traffic.
1.3 Access to the Service is conditional upon the availability of bicycles. The Hirer should ring the Help Desk to reserve bicycles.
2. DETAILS OF THE SERVICE PROVIDED
2.1 The period of hire is the period from the time that the Hirer accepts delivery of the bike until it is due to be collected by the Company, unless there is specific or previous agreement to the contrary. In the event that the Hirer receives his bike from an employee of AXcess-electric-bikes, then the period of hire is the period of time from when he is given the bike until it is due to be returned .
2.2 To hire a bicycle, the Hirer must register with AXcess-electric-bikes and then accept AXcess-electric-bikes Terms and Conditions. Registration can take place at AXcess-electric-bikes Help Desk. The Hirer can then reserve a bike, but cannot cancel a bike reservation less that 1 full day in advance without incurring the daily hire charge.
2.3 Authorisation for a recovery deposit of £250 is required before hiring an electric bike. This amount is not taken, but authorisation is received from the Hirer, should the electric bike not be returned. This deposit is for the recovery of the electric bike, and any further costs incurred in relation to any damage, replacement cost or other costs associated with its late or non-return or damage may be additionally charged.
2.4 Once a period of half an hour has elapsed, AXcess-electric-bikes will deem the Hirer to be satisfied with his bicycle and no refunds will be forthcoming.
2.5 Any bicycle that is not officially accepted back remains the responsibility of the Hirer.
2.6 In circumstances where the Hirer returns the bicycle after the end of the rental period, AXcess-electric-bikes will be entitled to charge the Hirer an excess charge plus any administration fee.
2.7 In circumstances where the Hirer does not return the bicycle after the end of the rental period, but leaves AXcess-electric-bikes to collect the bike at a place other than the starting place for the hire, AXcess-electric-bikes will be entitled to charge the Hirer a full days hire charge plus any charge for non return and any associated administration and collection charge.
2.8 If the bicycle ceases to function or becomes defective or unsafe or suffers a puncture, then the Hirer must stop and call the Help Desk where AXcess-electric-bikes. Axcess-Electric-bikes will endeavour to replace the defective bike, or if appropriate, repair a puncture.
2.9 Any rental exceeding the rental period in excess of one day shall be deemed to be a disappearance of the bicycle unless communication has been received to indicate otherwise.
2.10 A ‘satisfactory return’ by the Hirer is effective only when AXcess-electric-bikes Operative has deemed it to be a “satisfactory return”.
3. OBLIGATIONS OF THE HIRER
3.1 The Hirer agrees to use the Service for which it was designed and in compliance with these Terms and Conditions.
3.2 Prior to hiring a electric bike, the Hirer must undertake a visible check of the bicycle to ensure that there are no obvious signs of disrepair. Completing the Bike Hire procedure signifies that the Hirer has visibly checked the condition of the bicycle for apparent roadworthiness. It also asserts that the Hirer has read and agrees with these Terms and Conditions.
3.3 By hiring a bike from AXcess-electric-bikes, the Hirer asserts that they are a competent cyclist and will exercise additional care and attention since they will be riding cycles with which they may not be familiar. They must ensure that they know how to adjust the saddle height and use the gears properly.
3.4 The Hirer agrees not to use the bicycle in such a way that 1) is contrary to the provisions of the applicable road traffic regulations and Highway Code. 2) is likely to damage the bicycle because of the terrain or weather conditions; 3) it endangers the Hirer or third parties, including transporting a passenger in any way whatsoever;
4) involves dismantling or attempting to dismantle a electric bike, 5) results in the theft of a bicycle or any part thereof; and 6) involves any improper use of a bicycle. 6) agrees to ensure that nobody under the age of 14 years uses the electric-bike.
3.5 The Hirer agrees not to exceed the maximum load that can be borne by a bicycle, being 127 kg for the bicycle itself and 25 kg for the baskets on the front and rear of the bike.
3.6 The Hirer acknowledges that the nature of off road cycling increases the risk of damage and they accept the responsibility for bike damage caused by the incorrect use of equipment.
3.7 The Hirer is responsible for the bicycle they accept from the company and agree to do everything reasonably possible to prevent the disappearance, deterioration or destruction of the bicycle whilst it is in their care. A lock is provided which the Hirer may use to secure the bike as appropriate.
3.8 The Hirer agrees to return the bicycle in the same condition as when taken at the start of the hire with the exception of normal wear and tear. AXcess-electric-bikes will be entitled to charge a reasonable sum for damage.
3.9 The Hirer agrees to return the bicycle within the Permitted Period of Continuous Use. The Hirer acknowledges that any failure to comply with this obligation shall result in a recovery charge of £250 payable to the Axcess-Electric-Bikes.co.uk
3.10 The Hirer agrees to return the bicycle at any time upon request by the AXcess-electric-bikes.
3.11 The Hirer remains responsible for the bicycle at all times during the hire period and until the bike is handed to an AXcess-electric-bikes Operative.
3.12 The Hirer is responsible for, and agrees to pay, all fees or fines incurred during their use of the bicycle such as court costs and administrative costs including any parking fees or other traffic violations.
3.13 The Hirer is responsible for, and agrees to pay, any administrative handling fees which occur as a result of any fines or traffic violations.
3.14 The Hirer acknowledges that it is AXcess-electric-bikes strongest recommendation to use the safety helmets provided. Subject to clause 14.2 if the Hirer suffers from any injury or loss whatsoever resulting from any accidents as a result of a failure to use the safety helmets, any liability on the part of AXcess-electric-bikes shall be excluded.
3.15 The Hirer acknowledges that they have full responsibility for any accident, injury or death which may occur as a result of hiring a electric bike.
3.16 The Hirer agrees that he will be responsible for the payment of any damage, including third party damage, caused as a consequence of any dangerous cycling, loss of control or negligence.
3.17 The Hirer has a duty to lock their bike though the wheel and frame and secure to a fixed object whenever they leave the bike unattended with the combination lock provided. In the event of the disappearance of a bicycle whilst it is in the care of the Hirer, the Hirer has a duty to report the disappearance to the Help Desk within 24 hours of being aware that the bicycle has been lost. The Hirer also has a duty to report the theft to the police within 48 hours.
3.18 The Hirer will not undertake any manoeuvres which are beyond his level of skill or beyond the design purposes of the equipment provided.
4. LEGAL RESTRICTIONS ON THE HIRER
4.1 The Hirer may not lend, rent or assign his electric bike, which remains the property of AXcess-electric-bikes, or use the same for purposes which are contrary to the provisions herein.
4.2 A Hirer is expressly forbidden from allowing any third party to use a bicycle which is the property of AXcess-electric-bikes, in any way whatsoever, whether free of charge or not.
4.3 Access to the Service is denied to any minor aged less 13 years or less, whether accompanied or not. Access to the Service is available only to those aged 14 or over.
5. LEGAL RESPONSIBILITIES OF THE HIRER
5.1 The Hirer is solely responsible for any damage incurred as a result of the use of the bicycle for the entire period of use, including any period in excess of the Permitted Period of Continuous Use. The Hirer shall be responsible for, and agrees to pay, all costs associated with the repair of any damage, howsoever caused. The repairs will be undertaken at a fair market rate.
5.2 The parents or legal representatives of any minor who subscribes to the Service shall be liable for any damage caused directly or indirectly by the minor as a result of using the Service.
5.3 The Hirer is aware that it is illegal to ride after dark unless your cycles are fitted with reflectors and lights that are turned on.
5.4 The Hirer agrees to defend, indemnify and hold AXcess-electric-bikes harmless from all losses, liabilities and damages, injuries, claims, demands, costs and expenses (unless it can be proven that AXcess-electric-bikes did not fulfil reasonable maintenance procedures for the equipment being used) incurred in any manner by AXcess-electric-bikes throughout the rental period.
5.5 In the event of an accident and/or incident, the Hirer has an obligation to report the facts to AXcess-electric-bikes by advising the Help Desk within 24 hours following the occurrence thereof. A Hirer remains fully responsible for a bicycle until it is either secured in a Bike Docking Stand or delivered into the hands of a representative of AXcess-electric-bikes.
5.6 The Hirer must be capable of using a bicycle and having the physical condition required for such use. It is a condition of hire that the Hirer is in good health and is not suffering from any medical condition or disability which is likely to adversely affect normal control of the bicycle.
5.7 The Hirer must not operate the bicycle or permit the bicycle to be operated whilst unfit to do so through drink, drugs or other prohibited substances.
5.8 The Hirer represents that all information that is provided as pertaining to the Hirer is accurate and satisfies the conditions set forth herein.
The nature and/or amount of the penalties due and owing to the AXcess-electric-bikes by the Hirer in the event of a breach of the provisions hereof shall be:
• disappearance of the bicycle contrary to these terms and conditions: £250;
• repair of damage to the bicycle attributable to the Hirer based on the degree of damage to be determined by AXcess-electric-bikes
• late return of the bicycle including incorrect or unsatisfactory re-docking, the cost of another full day’s hire; and
• loss of any part of the bicycle and or its equipment, the cost of the part lost and or that equipment
The corresponding amount of the penalties stated within these terms and conditions is due and owing upon the first demand by AXcess-electric-bikes where a subscriber has been found to be in breach of his or her obligations hereunder.
In the event of the disappearance or theft of a bicycle, AXcess-electric-bikes shall collect the amount of the security deposit previously agreed by the subscriber and indicated within these terms and conditions.
7. CONFIDENTIALITY AND USE OF PERSONAL DATA
Under the Acts governing the confidentiality of personal information, any Hirer may have access to, and, if applicable, correct or delete information pertaining to such Hirer by contacting The AXcess-electric-bikes Help Desk or writing to the Registered Office of AXcess-Electric-Bikes.
8. INTERPRETATION AND OBLIGATIONS
8.1 The Hirer hereby agrees to comply with the Terms and Conditions and acknowledges and accepts that any breach thereof may result in the termination hereof in accordance with law. No rights or privileges hereunder may be assigned to anyone in any way whatsoever.
8.2 All prices are correct at the time of publishing. AXcess-electric-bikes website is regularly updated to ensure that the displayed prices are correct. Prices may change and AXcess-electric-bikes reserves the right to alter the prices without prior notice and will not be held liable for occurrences of this nature.
8.3 In these Terms and Conditions, the following definitions apply:
Business Day: a day (other than a Saturday, Sunday or a public holiday) when banks in London are open for business.
Conditions: these terms and conditions as amended from time to time in accordance with clause 17.8.
Contract: the contract between AXcess-electric-bikes and the Hirer for the supply of Goods and/or Services in accordance with these Terms and Conditions.
Hirer: the person or firm who purchases the Goods and/or Services from AXcess-electric-bikes.
Force Majeure Event: has the meaning given to it in clause 17.1.
Goods: the goods (or any part of them) set out in the Contract.
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and similar or equivalent rights or forms of protection in any part of the world.
Service or Services: the services supplied by AXcess-electric-bikes to the Hirer as set out in the Specification.
Specification: in relation to Goods, any specification for the Goods (including any relevant plans or drawings) that are provided and in relation to Services, the description or specification for Services provided by AXcess-electric-bikes to the Hirer.
8.4 Construction. In these Conditions, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including, included, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) a reference to writing or written includes faxes.
9.1 The Contract constitutes the entire agreement between the parties. The Hirer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of AXcess-electric-bikes which is not set out in the Contract. Any drawings, descriptive matter or advertising issued by AXcess-electric-bikes and any descriptions or illustrations contained in AXcess-electric-bikes catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the services and/or goods described in them. They shall not form part of the Contract or any other contract between AXcess-electric-bikes and the Hirer for the supply of the Goods and/or Services.
9.2 These Conditions apply to the Contract to the exclusion of any other terms that the Hirer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
10. SUPPLY OF SERVICES
10.1 AXcess-electric-bikes shall have the right to make changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and AXcess-electric-bikes shall notify the Hirer in any such event.
11. HIRER’S OBLIGATIONS
11.1 If AXcess-electric-bikes performance of any of its obligations in respect of the Services is prevented or delayed by any act or omission by the Hirer or failure by the Hirer to perform any relevant obligation (Hirer Default):
(a) AXcess-electric-bikes shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Hirer remedies the Hirer Default, and to rely on the Hirer Default to relieve it from the performance of any of its obligations to the extent the Hirer Default prevents or delays AXcess-electric-bikes performance of any of its obligations;
(b) AXcess-electric-bikes shall not be liable for any costs or losses sustained or incurred by the Hirer arising directly or indirectly from AXcess-electric-bikes failure or delay to perform any of its obligations as set out in this clause 11.1; and
(c) The Hirer shall reimburse AXcess-electric-bikes on written demand for any costs or losses sustained or incurred by AXcess-electric-bikes arising directly or indirectly from the Hirer Default.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by AXcess-electric-bikes.
12.2 The Hirer acknowledges that, in respect of any third party Intellectual Property Rights in the Services, the Hirer’s use of any such Intellectual Property Rights is conditional on AXcess-electric-bikes obtaining a written licence from the relevant licensor on such terms as will entitle AXcess-electric-bikes to licence such rights to the Hirer.
AXcess-electric-bikes has a policy of not disclosing personal information unless it is required to do so for legal reasons. Subject to that, a party (Receiving Party) shall keep in strict confidence all personal information, technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party’s obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause 13 shall survive termination of this Contract.
14. LIMITATION OF LIABILITY:
THE HIRER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
14.1 Nothing in these Conditions shall limit or exclude AXcess-electric-bikes liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(e) defective products under the Consumer Protection Act 1987.
14.2 Subject to clause 14.1:
(a) AXcess-electric-bikes shall not be liable to the Hirer or any third parties, whether in contract, tort (including negligence), breach or statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with the Services (including any losses that may result from a deliberate breach of the Contract by AXcess-electric-bikes, its employees, agents or subcontractors);
(b) AXcess-electric-bikes total liability to the Hirer or any third parties in respect of all other losses arising under or in connection with this Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including losses caused by a deliberate breach of the Contract by AXcess-electric-bikes, its employees, agents or subcontractors shall not exceed the amount that AXcess-electric-bikes receives from the Hirer under this Contract; and
(c) AXcess-electric-bikes shall not be liable to the hirer for any pure economic loss, loss of profit or losses of business in each case whether direct, indirect or consequential or any claims for consequential compensation whatsoever and howsoever caused which arises under the hire.
14.3 Except as set out in these Terms and Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
14.4 This clause shall survive termination of the Contract.
15.1 Without limiting its other rights or remedies, each
party may terminate the Contract with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of its obligations under this Contract and (if such breach is remediable) fails to remedy that breach within 2 days after receipt of notice in writing of the breach;
(b) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;
(c) the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
(d) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of the other party with one or more other companies or the solvent reconstruction of that other party;
(e) the other party (being an individual) is the subject of a bankruptcy petition or order;
(f) a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
(g) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);
(h) a floating charge holder over the assets of the other party (being a company) has become entitled to appoint or has appointed an administrative receiver;
(i) a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
(j) any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 15.1(b) to clause 15.1(i) (inclusive);
(k) the other party suspends, threatens to suspend, ceases or threatens to cease to carry on, all or substantially the whole of its business; or
(l) the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.
15.2 Without limiting its other rights or remedies, AXcess-electric-bikes may terminate the Contract:
(a) by giving the Hirer one months’ written notice; or
(b) with immediate effect by giving written notice to the Hirer if the Hirer fails to pay any amount due under this Contract on the due date for payment.
15.3 Without limiting its other rights or remedies, AXcess-electric-bikes shall have the right to suspend the supply of Services or all further deliveries of Goods under the Contract or any other contract between the Hirer and AXcess-electric-bikes if:
(a) the Hirer fails to make pay any amount due under this Contract on the due date for payment; or
(b) the Hirer becomes subject to any of the events listed in clause 15.1(b) to clause 15.1(i), or AXcess-electric-bikes reasonably believes that the Hirer is about to become subject to any of them.
16. CONSEQUENCES OF TERMINATION
16.1 On termination of the Contract for any reason:
(a) the Hirer shall immediately pay to AXcess-electric-bikes all of AXcess-electric-bikes outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has yet been submitted, AXcess-electric-bikes shall submit an invoice, which shall be payable by the Hirer immediately on receipt;
(b) the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
(c) clauses which expressly or by implication have effect after termination shall continue in full force and effect.
17.1 Force majeure:
(a) For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of AXcess-electric-bikes including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
(b) AXcess-electric-bikes shall not be liable to the Hirer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
(c) If the Force Majeure Event prevents AXcess-electric-bikes from providing any of the Services and/or Goods for more than 4 weeks, AXcess-electric-bikes shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Hirer.
17.2 Assignment and subcontracting:
(a) AXcess-electric-bikes may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party.
(b) The Hirer shall not, without the prior written consent of AXcess-electric-bikes, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
(a) Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party’s main fax number.
(b) Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at such addressor, if sent by prepaid first-class post or recorded delivery, at [9.00 am] on the [second] Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed, or if sent by fax, on the next Business Day after transmission.
(c) This clause 17.3 shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, “writing” shall not include e-mails and for the avoidance of doubt notice given under this Contract shall not be validly served if sent by e-mail.
17.4 Waiver and cumulative remedies:
(a) A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
(b) Unless specifically provided otherwise, rights arising under the Contract are cumulative and to not exclude rights provided by law.
(a) If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
17.6 No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
17.7 Third parties: A person who is not a party to the Contract shall not have any rights under or in connection with it.
17.8 Variation: Any variation, including the introduction of any additional terms and conditions, to the Contract shall only be binding when agreed in writing and signed by the Supplier.
17.9 Governing law and jurisdiction: This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales. Each of the parties shall, as a pre-condition to commencing any litigation, agree to serve notice of any disputes concerning AXcess-electric-bikes for the attention of the Principal at its office within 14 days.