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							    EDINBURGH NAPIER UNIVERSITY


Invitation to Tender for Fire Safety Consultant Services
     (For a 6 month period commencing 27/04/2009)



                         INDEX


1   Introduction & the Procurement Process


2   Prequalification Questionnaire


3   The Requirement


4   Terms & Conditions




                         Page 1 of 21
         EDINBURGH NAPIER UNIVERSITY
1      INTRODUCTION & PROCUREMENT PROCESS

1.1    Introduction

Edinburgh Napier University formerly Napier University (the University legally
changed its name as of the 25th of January 2009) is one of Scotland foremost
modern higher education providers with over 14,000 students and some 1,700
staff.

The University has a short term requirement (6 months) for Fire Safety
Consultant Services commencing 27th April 2009.
Resource requirement is expected to be (0.4FTE) - 8 days (average 7 hours
per day) each and every 4 week period – some flexibility may be required.

The University has a diverse estate both in size and age with currently 3
major campuses and a number of student residential buildings within
Edinburgh as well as a range of smaller buildings.

For an overview of the University estate see the link below:
http://www.napier.ac.uk/aboutus/Maps/Pages/default.aspx

Suitably experienced and qualified providers are invited to bid for this
requirement.

1.2    Procurement Process

Tender bids will consist of a completed PQQ (Prequalification Questionnaire)
– see Section 2 and a response to the Requirement (Section 3).

A panel will consider first the response to the PQQ - to enable the University
to create a short list of potential providers by obtaining sufficient information to
evaluate the suitability of potential suppliers in terms of selection criteria:

      technical knowledge and experience          (35%)
      capability/capacity                         (35%)
      organisational and financial standing       (30%)

The panel will then go on to consider the short listed bidders responses to the
ITT/The Requirement and no more than 3 potential providers will be
requested to attend an interview in Edinburgh.
Award criteria – Quality of responses 75% and Price 20%
The outcome and feedback will be communicated to bidders as appropriate.

PQQ (Section 1) & Tender Responses (Section 3) to be submitted as follows:
Send by email to tenders@napier.ac.uk by 12:00 hours on Friday 20/02/2009
Documents submitted in MS WORD 2003 and or in Adobe Reader (PDF).

Contact:
Procurement           David Campbell       d.campbell@napier.ac.uk


                                    Page 2 of 21
        EDINBURGH NAPIER UNIVERSITY


2      PRE-QUALIFICATION QUESTIONNAIRE


        Guidance Notes for Completion of Qualification Questionnaire

Questionnaire Purpose

The purpose of this questionnaire is to allow us to identify a number of
suitably qualified and experienced businesses who will be invited to submit a
tender for this competition

Questionnaire Layout

The questionnaire is split into 4 distinct parts:
Part A seeks background information;
Part B requests details of your financial status;
Part C relates to business probity and
Part D relates to service operation and quality issues.

All information requested should be provided in the order and format of the
Parts. Candidates may respond using their own text creation facilities


Questionnaire Responses

All responses will be treated in confidence. Completed questionnaires may
be submitted either:

       a) Via email (scanned PDF preferable) or

       b) Via the postal system or delivered by hand etc.

Candidates are advised that their responses may be reproduced and that no
further indication or request prior to publication will be made.

Only information provided as a direct response to the questionnaire will be
evaluated. Information and detail which forms part of general company
literature or promotional brochures etc. will not form part of the evaluation
process. Marketing material should not be included

Supplementary documentation may be attached to the questionnaire where
applicants have been directed to do so. Such material must be clearly marked
with the name of the organisation and the question to which it relates. All
questions must be answered.

Please note that we may require clarification of the answers provided or ask
for additional information.


                                   Page 3 of 21
        EDINBURGH NAPIER UNIVERSITY

The response should be submitted by an individual of the organisation,
company or partnership who has authority to answer on behalf of that
organisation, company or partnership.

Should the response be found to be erroneous or in any other way incorrect,
we reserve the right to remove the candidate from the tender list(s)or where
invitation to tender have been issued, require the bidder to return the tender
documents which will be deemed void. In the case where the error or
misrepresentation is not discovered until after the contract is awarded, we
reserve the right to determine the contract and all costs incurred by us as a
result of the determination shall be recoverable from the provider under the
contract

If applying on behalf of a consortium, please list the names and addresses of
all other members of the consortium. Please note that the questionnaire will
be evaluated on the basis of the details supplied in the questionnaire and, if
shortlisted, an Invitation to Tender will be issued to the nominated lead
organisation only. Any contract will be entered into with the nominated lead
organisation and all members of the consortium, who will in these
circumstances each be required to execute said contract together with all
ancillary documentation, evidencing their joint and several liability in respect of
the obligations and liabilities of the contract. It will be for members of the
consortium to sort out their respective duties and liabilities amongst each
other. For administrative purposes, any associated documentation will be sent
to the nominated lead organisation.

  If sub-contractors are proposed to assist in the delivery of the service,
  please list the business names and addresses.


  NOTE: In respect of an expression of interest which includes consortia or
  sub-contractors, it is the lead organisation that completes the entire
  questionnaire and, in addition, arranges for each named organisation to
  complete Parts A, B and C and attach them to the completed
  questionnaire. Part D relates to issues affecting the quality of service to be
  delivered by the applicant.
  Or
  NOTE: In respect of an expression of interest which includes consortia or
  sub-contractors, it is the lead organisation that completes the entire
  questionnaire. However, we reserve the right to request further information
  in respect of the lead organisation and/or partnering organisations should it
  be deemed necessary for evaluation purposes.




                                    Page 4 of 21
        EDINBURGH NAPIER UNIVERSITY
Freedom of Information

The Freedom of Information (Scotland) Act 2002, which came into force on 1
January 2005, designates EDINBURGH NAPIER UNIVERSITY as a Scottish
public authority and therefore subject to the provisions and obligations in that
Act. This means that from 1 January 2005, any person who makes a valid
request for recorded information held by EDINBURGH NAPIER UNIVERSITY
will be entitled to receive it, unless all or part of that information can be
withheld as a result of the exemptions in that Act.
As part of our responsibility under the Act, EDINBURGH NAPIER
UNIVERSITY may be required to disclose any information held relating to
your response to anyone who makes a request under that Act. Such
information may only be withheld if it meets one or more of the exemptions or
conditions in that Act. Information held cannot simply be classified as
“confidential" or "commercial in confidence" to enable it to be protected from
disclosure.
The 'Restricted - Commercial' header in these documents is part of
EDINBURGH NAPIER UNIVERSITY internal file protective marking system
which provides guidance for staff on the handling and storage of such
documents, and is not an indication that the information will be protected from
disclosure in response to a valid request.
EDINBURGH NAPIER UNIVERSITY may publish the names and contact
details of companies who have been issued with a Questionnaire on its
website.
Information may also be requested under the Data Protection Act 1998 and
the current and forthcoming Environmental Information Regulations.




                                   Page 5 of 21
        EDINBURGH NAPIER UNIVERSITY

                              Questionnaire

1. CONTRACT TITLE

Invitation to Tender for Fire Safety Consultant Services


2. TIMETABLE
  Return of questionnaire                          20/02/2009
   (Questionnaires received by[Edinburgh Napier University] after this
   date may not be considered)

  Issue of Tender Documents                        06/02/2009


  Return of Tender Documents                       20/02/2009


3. OVERVIEW OF THE REQUIREMENT
The University has a short term requirement (6 months) for Fire Safety
Consultant Services commencing 27th April 2009.


4. CONTACT DETAILS

NAME                     David Campbell
ADDRESS
E-MAIL ADDRESS           d.campbell@napier.ac.uk

Any questions relating to this document should be addressed to the above
contact.




                                  Page 6 of 21
        EDINBURGH NAPIER UNIVERSITY

                    PART A - BACKGROUND INFORMATION


1.   Name of Organisation

2.   Address for all correspondence




3.   Contact Name

4.   Contact Position

5.   Telephone Number

6.   Fax Number

7.   E-mail address

8.   Website address (if applicable)
9.   Address of Registered Office (If
     applicable)

10. Nature of Organisation
    (E.g. Plc, Partnership etc).
11. Number of Employees
12. Names of the Directors or
    Partners

13. Group
    If the Organisation is a Member
    of a Group of Companies,
    please give the name and
    address of the ultimate parent
    company.
14. Company Registration Number
    (or alternative EU registration
    number).
15. VAT Registration Number
    (or alternative EU registration
        number).
16. Consortia Details (if applicable)

     1. Name and address


     Identify which part of the service
                                   Page 7 of 21
        EDINBURGH NAPIER UNIVERSITY
     this consortia member will
     deliver
     2. Name and address


     Identify which part of the service
     this consortia member will
     deliver
     3. Name and address


    Identify which part of the service
    this consortia member will
    deliver
17. Sub Contractor Details (if applicable)

     a. Name and address

     Identify which part of the service
     this sub contractor will deliver
     b. Name and address

     Identify which part of the service
     this sub contractor will deliver
     c. Name and address

     Identify which part of the service
     this sub contractor will deliver




                                   Page 8 of 21
        EDINBURGH NAPIER UNIVERSITY

                    PART B - FINANCIAL STATUS


 18. BANK DETAILS
 19. Name of Bank:
     (from which a financial reference
     may be sought).
 20. Address:




 21. Telephone Number:

 22. Suitable contact name:

 23. Telephone Number:
     (if different)
 24. Provide details of the Annual Turnover (in £ Sterling) for:

      Latest Year

      One year previous


Please attach one copy of your organisation’s audited accounts (or
equivalent) and the accounts of your group (if any) for the last 2 years in
English and in UK Sterling together with details of any significant changes
since the last year end. Copies of the accounts should be signed and dated
by Directors and auditors (preferably scanned, if being submitted
electronically) or marked as draft




                                  Page 9 of 21
              EDINBURGH NAPIER UNIVERSITY

                              PART C - BUSINESS PROBITY


    25. Please confirm whether any of the following criteria applies to your
        organisation:

           Is the organisation bankrupt or        YES
           being wound up, having its
           affairs administered by the            NO
           court, or have you entered into
           an arrangement with creditors,
           suspended business activities or
           any analogous situation arising
           from similar proceedings under
           national laws or regulations?
           Is the organisation the subject of     YES
           proceedings for a declaration of
           bankruptcy, for compulsory             NO
           winding-up or administration by
           the court or for an arrangement
           with creditors or of any other
           similar proceedings under
           national laws or regulations?
           Has any employee whom you              YES
           would propose to use to deliver
           this service been convicted of         NO
           an offence concerning his
           professional conduct by a
           judgement which has the force
           of res judicata?1
           Has any employee whom you              YES
           would propose to use to deliver
           this service been guilty of            NO
           misrepresentation in supplying
           or failing to supply the
           information that may be required
           in this Section?




1
    A matter already settled in court
                                          Page 10 of 21
       EDINBURGH NAPIER UNIVERSITY

     Has any employee whom you            YES
     would propose to use to deliver
     this service been guilty of grave    NO
     professional misconduct?
     Has the organisation failed to       YES
     fulfil obligations relating to the
     payment of social security           NO
     contributions in accordance with
     the legal provisions of the
     United Kingdom or the country
     in which it is established?
     Has the organisation failed to       YES
     fulfil obligations relating to the
     payment of taxes in accordance       NO
     with the legal provisions of the
     United Kingdom or the country
     in which it is established?


Note: Failure to disclose information relevant to this section may
result in your exclusion from this and/or other competitions.




                                  Page 11 of 21
       EDINBURGH NAPIER UNIVERSITY

                   PART D – SERVICE OPERATION AND QUALITY


26. What are the principal business activities of your organisation?




27. State your organisation’s experience in delivering the same or similar service to
    that described under [Subject Details]




28   Provide contact details for 2 referees for work within the last two years that is
     similar or the same to that required by this requirement. Note that contact will
     be made with referees without further reference to you.
     a. Referee Organisation                    Referee Organisation
     Contact Name                               Contact Name
     Title                                      Title
     Address                                    Address




     Service Provided                            Service Provided
     Period of Contract                          Period of Contract
     Approximate Vale                            Approximate value

     b. Referee Organisation                     Referee Organisation
     Contact Name                                Contact Name
     Title                                       Title
     Address                                     Address




     Service Provided                            Service Provided
     Period of Contract                          Period of Contract
     Approximate Vale                            Approximate value




                                 Page 12 of 21
        EDINBURGH NAPIER UNIVERSITY
      TECHNICAL CAPACITY
      Provide management/project leader experience, education and professional
      qualifications for those leading the management of the provision of the
      goods/services required




      Provide details of human resources, plant and technical equipment available
      for providing this service




Finally in addition please provide the details of the following

Certificates of Insurances
Employer’s Liability Compulsory Insurance (ECLI)
Public Liability Insurance
Professional Indemnity Insurance

Standards and Policies
Health and Safety
Quality Assurance
Equal Opportunities
Environmental Management




                                   Page 13 of 21
         EDINBURGH NAPIER UNIVERSITY
EXPRESSION OF INTEREST

Name of organisation/lead organisation wish to register interest and apply to be
considered for short listing to receive Invitation to Tender documentation for
provision of Fire Safety Consultant Services. I confirm that the answers given on
this questionnaire are true, complete, accurate and not misleading.

Signed:

Print Name:

Title:

Date:




                                Page 14 of 21
           EDINBURGH NAPIER UNIVERSITY
3         THE REQUIREMENT - Fire Safety Consultant Services


Service Summary

The University requires the provision of services to enable the University to
comply with all current and future fire legislation and to provide support and
competent advice on all fire issues raised through the Health & Safety Office.

Detailed Requirements

3.1   Demonstrate how you would meet each of the following
requirements:

1. Carry out Fire Risk Assessments at campuses and student residential
   accommodation and update current Fire Risk Assessments already in
   place.

2. Provide competent advice to the Health & Safety Office and to the
   University on legal developments affecting fire safety and on the
   publication and content of relevant authoritative guidance on fire safety
   issues.

3. Provide advice on general fire safety and make recommendations.

4. Carry out fire inspections of the various buildings owned by Edinburgh
   Napier University.

5. Assist the Health & Safety Office in providing detailed incident reports on
   outbreaks of fire and comment on potential fire hazards. Assist in
   investigating complaints into potential breaches of fire safety measures.

6. Provide competent fire safety advice with regards to projects, new builds,
   refurbishments and day to day fire safety.

7. Fire safety training.

         Fire extinguisher training

         Student training

         Fire evacuation training

8. Assist the Health & Safety Team with the implementation of the
   University’s Fire Policies & Procedures, and DDA and PEEPs related
   issues.

3.2       Price: Detail your hourly and daily rates

Resource requirement is expected to be (0.4FTE) - 8 days (average 7 hours
per day) each and every 4 week period



                                       Page 15 of 21
        EDINBURGH NAPIER UNIVERSITY
4     TERMS & CONDITIONS

1. INTERPRETATION
1.1 In these Conditions:

      "Buyer" means Edinburgh Napier University.

      "Conditions" means the standard conditions of purchase set out in this
      document and (unless the context otherwise requires) includes any
      special terms and conditions agreed in writing between the Buyer and
      the Seller.

      "Order" means the Buyer's purchase order to which these Conditions
      are annexed.

      "Services" means the services (if any) described in the Order.

      "Goods" means the goods (including any installment of the goods or
      any part of them) described in the Order.

      "Contract" means the contract for the sale and purchase of the Goods
      and the supply and acquisition of the Services on the Conditions
      "Delivery Address" means the address stated on the Order.

      "Price" means the price of the Goods and/or the charge for the
      Services.

      "Seller" means the person so described in the Order.

      "Specification" includes any plans, drawings, data or other information
      relating to the Goods or Services.

      "Writing" includes telex, cable, facsimile transmission and comparable
      means of communication.

1.2 Any reference in these Conditions to a statute or a provision of statute
shall be construed as a reference to that statute or provision as amended, re-
enacted or extended at the relevant time.

1.3 The headings in these Conditions are for convenience only and shall not
affect their interpretation.

2. BASIS OF PURCHASE

2.1 The Order constitutes an offer by the Buyer to purchase the Goods and/or
acquire the Services subject to the Conditions.

2.2 These Conditions shall apply to the Contract to the exclusion of any other
terms and conditions on which any quotation has been given to the Buyer or
subject to which the Order is accepted or purported to be accepted by the
Seller.

                                  Page 16 of 21
        EDINBURGH NAPIER UNIVERSITY
2.3 The University reserves the right to cancel the Order unless
unconditionally accepted by the Seller in writing within 28 days of its date.

2.4 No variation to the Order or these Conditions shall be binding unless
agreed in Writing between the authorised representatives of the Buyer and
the Seller.

3. SPECIFICATIONS

3.1 The quantity, quality and description of the Goods and the Services shall,
subject as provided in these Conditions, be as specified in the Order and/or in
any applicable Specification supplied by the Buyer to the Seller or agreed in
Writing by the Buyer and the Seller.

3.2 Any Specification supplied by the Buyer to the Seller or specifically by the
Seller for the Buyer, in connection with the Contract together with the
copyright, design rights or any other intellectual property rights in the
Specification, shall be the exclusive property of the Buyer. The Seller shall not
disclose to any third party or use any such Specification except to the extent
that it is or becomes public knowledge through no fault of the Seller, or as
required for the purpose of the Contract.

3.3 The Seller shall comply with all applicable regulations or other legal
requirements concerning the manufacture, packaging, packing and delivery of
the Goods and the performance of the Services.

3.4 The Seller shall not unreasonably refuse any request by the Buyer to
inspect and test the Goods during manufacture, processing or storage at the
premises of the Seller or any third party prior to despatch, the Seller shall
provide the Buyer with all facilities reasonably required for inspection and
testing.

3.5 If, as a result of inspection or testing, the Buyer is not satisfied that the
Goods will comply in all respects with the Contract, and the Buyer so informs
the Seller within 7 days of inspection or testing, the Seller shall take such
steps as are necessary to ensure compliance.

3.6 The Goods shall be marked in accordance with the Buyer's instructions
and any applicable regulations or requirements of the carrier, and properly
packed and secured so as to reach their destination in an undamaged
condition in the ordinary course.

4. PRICE OF GOODS AND SERVICES

4.1 The Price of the Goods and the Services shall be as stated in the Order
and, unless otherwise so stated, shall be:

4.1.1 exclusive of any applicable value added tax (which shall be payable by
the Buyer subject to receipt of a VAT invoice); and any applicable VAT should
be shown separately.


                                   Page 17 of 21
        EDINBURGH NAPIER UNIVERSITY
4.1.2 inclusive of all charges for packaging, packing, shipping, carriage,
insurance and delivery of the Goods to the Delivery Address and any duties,
imposts or levies other than value added tax.

4.2 No increase in the Price may be made (whether on account of increased
material, labour or transport costs, fluctuation in rates of exchange or
otherwise) without the prior consent of the Buyer in Writing.

4.3 The Buyer shall be entitled to any discount for prompt payment, bulk
purchase, or volume of purchase customarily granted by the Seller, whether
or not shown on its own terms and conditions of sale.

5. TERMS OF PAYMENT

5.1 The Seller shall be entitled to invoice the Buyer on or at any time after
delivery of the Goods or performance of the Services, as the case may be,
and each invoice shall quote the number of the Order.

5.2 Unless otherwise stated in the Order, the Buyer shall pay the Price of the
Goods and the Services within 30 days after the end of the month of receipt
by the Buyer of a valid invoice or after acceptance of the Goods or Services in
question by the Buyer whichever is the later.

5.3 The Buyer shall be entitled to set off against the Price any sums owed to
the Buyer by the Seller.

6. DELIVERY

6.1 The Goods shall be delivered to and the Services shall be performed at
the Delivery Address on the date or within the period stated in the Order, in
either case during the Buyer's usual business hours.

6.2 Where the date of delivery of the Goods or of performances of the
Services is to be specified after the placing of Order, the Seller shall give the
Buyer reasonable notice of the specified date.

6.3 The time of delivery of the Goods and of performance of the Services is of
the essence of the Contract.

6.4 A packing note quoting the number of the Order must accompany each
delivery or consignment of the Goods and must be displayed prominently.

6.5 If the Goods are to be delivered or the Services are to be performed by
installments, the Contract will be treated as a single contract and not
severable.

6.6 The Buyer shall be entitled to reject any Goods delivered which are not in
accordance with the Contract, and shall not be deemed to have accepted any
Goods until the Buyer has had a reasonable time to inspect them following
delivery or, if later, within a reasonable time after any latent defect in the
Goods has become apparent.

                                   Page 18 of 21
        EDINBURGH NAPIER UNIVERSITY
6.7 The Seller shall supply the Buyer in good time with any instructions or
other information required to enable the Buyer to accept delivery of the Goods
and performance of the Services.

6.8 The Buyer shall not be obliged to return to the Seller any packaging or
packing materials for the goods, whether or not any Goods are accepted by
the Buyer.

7. RISK AND PROPERTY

7.1 Risk of damage to or loss of the Goods shall pass to the Buyer upon
delivery to the Buyer in accordance with the Contract.

7.2 The property in the Goods shall pass to the Buyer upon delivery, unless
payment for the Goods is made prior to delivery when it shall pass to the
Buyer once payment has been made and the Goods have been appropriated
to the Contract.

8. WARRANTIES AND LIABILITY

8.1 The Seller warrants to the Buyer that the Goods:

8.1.1 will be of satisfactory quality and fit for any purpose held out by the
Seller or made known to the Seller in Writing at the time the Order is placed;

8.1.2 will be free from defects in design, material and workmanship;

8.1.3 will correspond with any relevant Specification or sample; and

8.1.4 will comply with all statutory requirements and regulations relating to the
Sale of the Goods.

8.2 The Seller warrants to the Buyer that their Services will be performed by
appropriately qualified and trained personnel, with due care and diligence and
to such high standard of quality as it is reasonable for the Buyer to expect in
all the circumstances.

8.3 Without prejudice to any other remedy, if the Goods or Services are not
supplied or performed in accordance with the Contract, then the Buyer shall
be entitled:

8.3.1 to require the Seller to repair the Goods or to supply replacement Goods
or Services in accordance with the Contract within 7 days; or

8.3.2 at the Buyer's sole option, and whether or not the Buyer has previously
required the Seller to repair the Goods or to supply any replacement Goods or
Services, to treat the Contract as discharged by the Seller's breach and
require the repayment of any part of the Price which has been paid.

8.4 The Seller shall indemnify the Buyer in full against all liability, loss,
damages, costs, claims and expenses (including legal expenses) awarded
against or incurred or paid by the Buyer as a result of or in connection with:
                                   Page 19 of 21
        EDINBURGH NAPIER UNIVERSITY

8.4.1 breach of any warranty given by the Seller in relation to the Goods or
Services;

8.4.2 any claim that the Goods infringe, or their use or resale infringes the
patent, copyright, design right or trade mark or other intellectual property
rights of any other person, except to the extent that the claim arises from
compliance with any Specification supplied by the Buyer;

8.4.3 any liability under the Consumer Protection Act 1987 in respect of the
Goods;

8.4.4 any act or omission of the Seller or its employees, agents or sub-
contractors in supplying, delivering and installing the Goods; and

8.4.5 any act or omission of any of the Seller's personnel in connection with
the performance of the Services.

8.5 In respect of any injury, damage or loss caused to third parties or their
property by the Goods there shall be no automatic right of indemnity due from
the Buyer to the Seller. Any clause in the Seller's standard terms and
conditions of sale purporting to establish a right of indemnity from the Buyer to
the Seller in the event of any injury, damage or loss caused to third parties or
their property shall not be incorporated into this Contract.

9. TERMINATION

9.1 The Buyer shall be entitled to cancel the Order in respect of all or part only
of the Goods and/or the Services by giving to the Seller at any time prior to
delivery or performance in which event the Buyer's sole liability shall be to pay
the Seller the Price for the Goods or Services in respect of which the Buyer
has exercised its right of cancellation, less the Seller's net saving of cost
arising from cancellation.

9.2 The Buyer shall be entitled to terminate the Contract without liability to the
Seller by giving notice to the Seller at any time if:

9.2.1 the Seller makes any voluntary arrangement with its creditors (within the
meaning of the Insolvency Act 1986) or (being a company) becomes subject
to an administration or goes into liquidation (otherwise that for the purpose of
amalgamation or reconstruction); or

9.2.2 an encumbrancer takes possession, or a receiver is appointed, of any of
the property or assets of the Seller;

9.2.3 the Seller ceases, or threatens to cease, to carry on business; or

9.2.4 the Buyer reasonably apprehends that any of the above events is about
to occur in relation to the Seller and notifies the Seller accordingly.

10. GENERAL

                                   Page 20 of 21
        EDINBURGH NAPIER UNIVERSITY
10.1 The Order is personal to the Seller and the Seller shall not assign or
transfer or purport to assign or transfer to any other person any of its rights or
sub-contract any of its obligations under the Contract.

10.2 Any notice required or permitted to be given by either party to the other
under these Conditions shall be in Writing addressed to that other party at its
registered office or principal place of business or such other address as may
at the relevant time have been notified pursuant to this provision to the party
giving the notice.

10.3 No waiver by the Buyer of any breach of the Contract by the Seller shall
be considered as a waiver of any subsequent breach of the same or any other
provision.

10.4 If any provision of these Conditions is held by any competent authority to
be invalid or unenforceable in whole or in part the validity of the other
provisions of these Conditions and the remainder of the provision in question
shall not be affected thereby.

11. HEALTH AND SAFETY

11.1 The Seller shall comply with the requirements of UK and international
legislation and agreements relating to the supply, packaging, labeling and
carriage of hazardous goods.

11.2 The Seller shall ensure that Goods comply with current health and safety
legislation and the legislation implementing any relevant EC Directive. The
Buyer may require the Seller to show that the Goods bear a CE mark and
may ask for a copy of the EC Declaration of Conformity.

12. LAW

12.1 The construction, validity and performance of the Contract shall be
subject to Scots Law and the jurisdiction of the Scottish Courts.




                                   Page 21 of 21

						
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