21.1 The Contract constitutes the entire agreement between the parties and supersedes any prior agreement or arrangement in respect of its subject matter and:
21.1.1 neither party has entered into the Contract in reliance upon, and it will have no remedy in respect of, any misrepresentation, representation or statement which is not expressly set out in the Contract; representation or statement which is not expressly set out in the Contract;
21.1.2 the Contract excludes any information in any form (including in relation to emails or any other correspondence) passing or communicated between the parties other than as specifically set out in the Quotation;
21.1.3 the only remedies available for any misrepresentation or breach of any representation or statement which was made prior to entry into the Contract and which is expressly set out in the Contract will be for breach of contract; and
21.1.4 nothing in this Condition 21.1 will be interpreted or construed as limiting or excluding the liability of any person for fraud or fraudulent misrepresentation.
21.2 A delay in exercising or failure to exercise a right or remedy under or in connection with the Contract will not constitute a waiver of, or prevent or restrict future exercise of, that or any other right or remedy, nor will the single or partial exercise of a right or remedy prevent or restrict the further exercise of that or any other right or remedy. A waiver of any right, remedy, breach or default will only be valid if it is in writing and signed by the party giving it and only in the circumstances and for the purpose for which it was given and will not constitute a waiver of any other right, remedy, breach or default.
21.3 If any term of the Contract (including any exclusion from, or limitation of, liability set out in Condition 10) is found by any court or body or authority of competent jurisdiction to be illegal, unlawful, void or unenforceable, such term will be deemed to be severed from the Contract and this will not affect the remainder of the Contract which will continue in full force and effect.
21.4 No variation to the Contract will be effective unless it is in writing and signed by a duly authorised representative on behalf of each of the parties.
21.5 Nothing in the Contract and no action taken by the parties in connection with it or them will create a partnership or joint venture between the parties or give either party authority to act as the agent of or in the name of or on behalf of the other party or to bind the other party or to hold itself out as being entitled to do so.
21.6 Each party agrees that it is an independent contractor and is entering into the Contract as principal and not as agent for or for the benefit of any other person.
21.7 The Company’s rights and remedies set out in these Conditions are in addition to and not exclusive of any rights and remedies provided by law.
21.8 The Client will not be entitled to assign, transfer, charge, hold on trust for any person or deal in any other manner with any of the Client’s rights under the Contract. The Client will not be entitled to sub-contract and/or assign any of the Client’s obligations under the Contract.