COOLSCAPES LIMITED

STANDARD TERMS

1. Contract Terms

1.1 We agree to sell you the Product and provide our Services to you on the following terms and conditions. These constitute a contract between us and you ("this Agreement") and must be read together with any other documents explicitly agreed to be part of this Agreement. Any other terms and conditions contained in any other document are excluded unless their inclusion is expressly agreed in writing.

1.2 In these terms and conditions:

(a) "we" and "us" means Coolscapes Limited, a company registered in England under number 4878993 and of 114A Top Lane , Whitley, Melksham, Wiltshire SN12 8QU , United Kingdom ;

(b) "the "Product" means the product described in the Contract Details, and

(c) the "Services" means the services that you have ordered from us and we have agreed to provide.

2. Products

2.1 We will try to deliver all Products ordered as soon as possible but delivery time cannot be guaranteed. The items displayed on our website are illustrative only and the Products delivered may differ in some respects.

2.2 All prices shown are in pounds sterling.

2.3 You have a right to cancel your order at any time up to seven working days from the day after your receipt of a standard Product. Please note that this right does not apply to items made to your specification or which are clearly personalised. In the event of cancellation by you, all Products must be returned to us at your expense and in reasonable condition and, where possible, with their original packaging and the paperwork relating to the sale.

2.4 You may cancel your order by sending or delivering us a letter, by post, fax or email. We cannot accept oral cancellations unless there are confirmed in writing as set out in this clause.

2.5 Subject to the immediately following clause, we guarantee that each Product purchased by you from us will be free of any defects rendering it unfit for its purpose or not of satisfactory quality for at least 6 months from the date of purchase. (Some components in water sculptures may be guaranteed for a longer period.) This does not affect your statutory rights.

2.6 Ownership of the Product remains with us until payment has been received in full. If payment is not made by you, we reserve the right to remove the Product from wherever it is

3. Services

When we carry out Services for you, you have the right to withdraw your instructions, without charge, by notice as set out in clause 2.4 within seven working days afterwards. Please note that this right will cease if we start work with your consent within that time.

4. Our Obligations

4.1 We shall sell you the Product and provide you with the Services.

4.2 We shall not use, divulge or communicate to any person (other than those authorised by you) any confidential information concerning your business or affairs which may come to our knowledge in the course of providing the Services.

5. Payment

5.1 You must pay our charges for the Products and Services as agreed between us.

5.2 Unless agreed otherwise, all our charges are exclusive of any applicable value added or other tax, which will be added to our invoices sent to you.

5.3 We reserve the right to suspend the Services if our charges are overdue for payment by you.

6. Responsibility and Additional Work

6.1 Although we will assist you as much as we can, we are not responsible for matters for which we have not taken specific responsibility.

6.2 Any charges that we agree with you are for the Services that we agree at that time. If we are asked to carry out additional work or your instructions to us change we reserve the right to make an additional charge.

7. Termination

7.1 Either we or you shall be entitled to terminate this Agreement immediately by written notice to the other if the other commits any material breach of this Agreement and, in the case of a breach capable of remedy, fails to remedy it within 21 days after receipt of a written notice giving full details of the breach and requiring it to be remedied.

7.2 Either of us can also terminate this Agreement if the other is the subject of a bankruptcy order (or the equivalent in any other jurisdiction) or the other becomes insolvent or make any arrangement or composition with, or an assignment for the benefit of, its creditors or if any of its assets are the subject of any form of seizure. If either of us is a company, the other can terminate this contract forthwith if the first party goes into liquidation, either voluntary or compulsory, or if a receiver or administrative receiver or administrator is appointed.

8. Liability

8.1 We warrant to you that we will seek to supply the Services with reasonable skill and care. We accept liability for our own negligence, but only to the extent stated in this clause.

8.2 Nothing in this Agreement shall be construed as restricting or excluding our liability for death or personal injury resulting from our negligence or for fraud.

8.3 Our liability to you under this Agreement shall not exceed the amount paid by you for the Services over the previous 12 months.

8.4 Subject to the immediately preceding sub-clause, we shall be liable to you in respect of all direct loss or damage caused by our acts or omission other than Excluded Loss. In this clause the expression "Excluded Loss" means all special loss (whether or not the possibility of such loss arising on a particular breach of contract or duty has been brought to our attention at the time of making this contract) and loss, corruption or destruction of data or loss of profits, business or anticipated savings, whether incurred directly or indirectly, or any indirect or consequential damage whatever, either in contract, tort (including negligence) or otherwise.

9. Force Majeure

Neither we nor you are liable for any breach of this Agreement caused by matters beyond our or your reasonable control, including, but not limited to, Acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), failures or interruptions of electricity supplies, weather of exceptional severity or acts of local or central government or other authorities.

10. General

10.1 Any notice required or permitted to be given by either party to the other under this Agreement 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 under this provision to the party giving the notice.

10.2 No waiver or any amendment to these terms shall be effective unless in writing and signed by both you and us.

10.3 A person who is not a party to this Agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

10.4 If any dispute arises out of these terms we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure (see www.cedr.co.uk). If we fail to agree terms of settlement within 42 days of the start of the first meeting held under such procedure the dispute may be referred to litigation by either party.

10.5 This Agreement shall be governed by the laws of England and we both agree to submit to the exclusive jurisdiction of the English Courts.