These Terms and Conditions will apply to all products and services ordered from Shapland Limited ("Shapland") in the absence of a written agreement signed by Shapland.
Although these Terms and Conditions may conflict with the terms and conditions, if any, specified by the Customer in the Customer's order form or otherwise, Shapland acceptance of Customer's order is subject to these Terms and Conditions. Any term, provision, or condition in conflict with, or in addition to or in modification of any of these Terms and Conditions shall not be binding upon Shapland unless such term, provision or condition is in writing and signed by an officer of Shapland. All use of Shapland software is subject to the Shapland software license terms provided by Shapland.
All prices are exclusive of all taxes, VAT, and similar fees and shall be payable by Customer. Time of payment is of the essence. Shapland may charge interest at the maximum rate permitted by law or on any overdue amounts owed to Shapland. Shapland shall also be entitled to collect from Customer all costs of collection of amounts owed by Customer to Shapland including reasonable attorney's fees.
Shapland's aggregate liability (if any) shall in no circumstances exceed the cost of any products purchased to which the claim relates, except as prescribed by law. In no event shall Shapland be liable for incidential, indirect, consequential or special damages of any nature even if advised of the possibility of the same.
The remedies set out in these terms shall be each party's sole and exclusive remedy for any breach of this agreement by the other party.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom. The parties agree that the exclusive jurisdiction and venue of any action with respect to this order shall be the United Kingdom, and Customer and Shapland each submit itself to the exclusive jurisdiction and venue of such courts for the purpose of any such action.
Software is subject to all laws, regulations, orders or other limitations on the export and reexport of commodities, technical data and software. You must not export, reexport, resell or transfer any Shapland software or technical data (a) in violation of any such limitations imposed by the United Kingdom or any other appropriate national government authority, or (b) to any country for which an export license or other governmental approval is required at the time of export, without first obtaining all necessary licenses or approvals.