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Terms & Conditions


1 Definitions

“Byelaws” means the Scrabster Harbour Trust Byelaws – 2003 and any other bye-laws made by
the Trust from time to time;

“Charges” means vessel, cargo and any other dues and charges levied by the Trust as Harbour
Authority for Scrabster Harbour and any other sum payable to the Trust;

“Directions” means any special, general or pilotage directions made by the Trust and any port user
handbook of the Trust;

“Equipment” means any plant, machinery, container, package, case, pallet, vehicle, trailer, truck
wagon or other piece of equipment of any nature;

“Goods” means cargo, livestock and all other goods of whatever nature (including any package
or container whatsoever in which goods are packed or conveyed) and which may or
may not be in the ownership of the User;

“Harbour Area” means any area of land, premises or water owned, leased or operated by the Trust,
including for the avoidance of doubt that area of water within the Harbour Limits;

“Harbour Limits” include the following area from a point on the shore at Holburn Head at grid reference
(310949, 971559) in a straight line due north to (310949, 973168), then in a straight
line due east to (316617, 973168) then in a straight line approximately east south east
to (319813, 971844) then in a straight line due south to (319813, 969431) then in a
straight line approximately west north west to (316840, 970662), then in a straight line
due west to (314423, 970662), then in a straight line approximately west south west to
the Coastguard Station Scrabster at (310700, 969120);

“Harbour Master” means the Scrabster Harbour Master, his deputy or any nominee of theirs;

“Owner” means any persons (other than the Trust) with or claiming to have any proprietary or
possessory interest including owners, lessors, charterers, sub-charterers, consignors,
consignees, shippers and receivers;

“Quay” means any quay, pier, jetty, berth, mooring or other place at which Vessels can load or
discharge Goods or embark or disembark passengers or vehicles, and the waters
surrounding the same, all within Harbour Limits;

“Representative” means any employee, agent, broker, driver, contractor, sub-contractor, master or any
other person having command or crew of any Vessel;

“Services” means any service or facility that the Trust provides to the User;

“Terms” means these General Terms & Conditions;

“Trust” means Scrabster Harbour Trust constituted by The Scrabster Harbour Revision
(Constitution) Order 2005 and having its principal place of business at Scrabster
Harbour, Thurso, Caithness, KW14 7UJ;

“User” means (a) any person who enters the Harbour Area; (b) any person who or by any
Representative requests or receives the benefit of any Services; and (c) any Owner or
carrier of any Vessel, Goods or Equipment which may be on or come into the Harbour

“Vessel” means any boat, ship, barge or other vessel of any description and any part thereof.


2 Interpretation

2.1 Words importing the neuter gender only include the masculine and feminine genders, words importing the masculine gender only include the feminine gender and vice versa.

2.2 Words importing the singular number only shall include the plural number and vice versa. Where there are two or more persons included in the expression “User” then obligations undertaken by the User shall be obligations undertaken by such persons jointly and severally and their respective executors
and representatives whomsoever.

2.3 Any reference to an Act of Parliament or Statutory Instrument shall include any modification, extension or re-enactment thereof for the time being in force and shall also include all instruments, orders, plans, regulations, permissions and directions for the time being made, issued or given thereunder or deriving validity therefrom.

2.4 Condition headings are for ease of reference and do not form part of or affect the interpretation of these Terms.

2.5 Any phrase introduced by the terms “including”, “include”, “in particular”, or any similar expression shall be construed as illustrative and shall not limit the sense of the words proceeding those terms.

2.6 Any reference to “person” includes any natural person, company, body corporate or un-incorporate or other judicial person, partnership, firm, joint venture or trust.

2.7 The rights of the Trust under these Terms are in addition to rights, powers and remedies conferred by statute, statutory instrument, the Byelaws and the Directions. In the event of any conflict between these Terms and any statute, statutory instrument, the Byelaws or the Directions (“legislation”) the legislation shall prevail. Nothing in these Terms shall prejudice the right of the Trust, in any circumstance, to rely on any relevant statutory provision including the Merchant Shipping Acts, Harbours Acts and all other relevant statutes.


3 Application of Conditions

3.1 These Terms shall apply:
(a) to all Services provided by the Trust whether directly or indirectly and whether within the
Harbour Area or elsewhere; and
(b) to all physical access by any Vessel, person, Goods or Equipment to or from the Harbour

3.2 In the absence of express acceptance of these Terms by the User, acceptance shall be constituted in
the event of the entry of any Vessel, person, Goods or Equipment into or onto the Harbour Area or by
application (oral or otherwise) to the Trust for entry to the Harbour Area or for any Services or the use
of any facility by or on behalf of any User.

3.3 Subject to Condition 3.4, no terms or conditions whether express or implied which are at variance with these Terms shall apply unless and to the extent that they have been specifically agreed in writing by the Trust.

3.4 The Trust may issue special terms and conditions governing the provision of certain services. Such
special terms and conditions shall apply in respect of the certain services. These Terms shall
continue to apply to the extent they are not at odds with the special terms and conditions.


4 Provision of Services

4.1 Subject to any other provisions of these Terms, the Trust shall exercise reasonable skill and care in
carrying out the Services. No greater obligation, express or implied, is accepted.

4.2 The Trust reserves the right to appoint sub-contractors to perform all or any part of the Services. Any
sub-contractor shall have the benefit of these Terms.

4.3 Where the Trust provides Services in respect of Goods or Equipment being loaded onto or unloaded
from or passengers and their Goods and Equipment embarking or disembarking from any Vessel it
does so purely as agent of the actual and/or contractual carrier.

4.4 The Trust shall have absolute discretion in the handling, storage and transportation of any Vessel,
Equipment or Goods and in the allocation of Quays, plant, machinery, labour and storage space. All
Vessels must berth in the Harbour Area or anchor within the Harbour Limits according to the directions
of the Harbour Master or the Trust. No Vessel is to be launched, lifted into or out of the water at any
Quay without prior permission of the Harbour Master.

4.5 The Trust may in its absolute discretion:
(a) refuse to permit any User to enter the Harbour Area and refuse to accept any Vessel,
Equipment or Goods on or into the Harbour Area;
(b) require any User, Vessel, Equipment or Goods who/which has entered the Harbour Area to
leave it or require the same to be removed at any time;
(c) decline to undertake or suspend the performance of all or any part of Services;
In such event the Trust shall not have any liability and shall not be liable to pay any compensation in
respect thereof.

4.6 Following any exercise of the Trust’s rights under Condition 4.5, the User shall remove the Vessel,
Equipment and Goods from the Harbour Area. The Trust shall refund any Charges paid in advance in
respect of Services not performed but may deduct any sums due to it as well as any loss, damage,
liability, cost or expense incurred by or caused to the Trust by or in respect of such Vessel, Equipment
or Goods (including storage costs).

4.7 In the event that:
(a) the User fails to remove the Vessel, Equipment and Goods from the Harbour Area within 14
days following the exercise of any of the Trust’s rights under Condition 4.5;
(b) any Goods and Equipment are not collected and removed from the Harbour Area by the User
at the time of landing;
the Trust shall be entitled at the expense and sole risk of the User to remove and place wherever the
Trust (acting reasonably) deems appropriate such Vessel, Goods and Equipment. Charges for transit
shed, Quay rental and any other storage will be made where appropriate.


5 Payments

5.1 The User shall be liable for all Charges, payments, fines and expenses due in connection with any
Vessel, Equipment or Goods and for any loss and/or damage suffered or incurred by the Trust in
connection therewith.

5.2 On the earlier of (i) request by the Harbour Master or the Trust; and (ii) 30 days of a Vessel entering
the Harbour Area, either the master/skipper, or Owner, or agent of such Vessel shall furnish, as
appropriate, details of:
(a) the gross value of fish, fish products and shellfish landed direct from the sea (vessel’s own
catch either fresh or frozen), or
(b) description of Goods and/or Equipment loaded and unloaded (or to be loaded and unloaded)
including number of packages, gross weight and port to which the Goods and/or Equipment
are to be shipped/port from which the Goods and/or Equipment have arrived,
(c) passengers embarked and disembarked (or to be embarked or disembarked),
(d) name of Vessel,
(e) name and address of the User or the User’s Representative to whom Charges are to be

In the absence of such details, the Trust reserves the right to invoice vessels/agents/owners, as it shall
deem appropriate, on an estimated basis. The Trust’s normal terms of payment, as set out below shall
apply to all such invoices.

5.3 All sums payable are exclusive of value added tax and any other duty or tax, which shall (to the
extent applicable) be payable by the User at the rate and in the manner from time to time prescribed
by law.

5.4 Payment of all sums due by the User to the Trust shall be made within 30 calendar days of receipt of
the Services or request for payment, whichever shall occur earlier. Payment shall be made without
deduction, withholding, abatement, set-off, or any counterclaim whatsoever, save as may be required
by law. All payments shall be made in cleared funds in GB pounds sterling. If the Trust agrees to
accept payment in any currency other than GB pounds sterling, the User shall be liable for an additional
handling charge, which shall be calculated at the sole discretion of the Trust.

5.5 The User shall be liable to pay interest to the Trust on any sums outstanding for the period from the
due date to the date of payment (i) in accordance with the Late Payment of Commercial Debts
(Interest) Act 1998 (where applicable); or (ii) where the said Act is not applicable, at 4 per cent per
annum above the base lending rate of The Royal Bank of Scotland plc. Notwithstanding any other
provision of these Terms, if the User fails to pay any Charges due to the Trust, the Trust shall have the
right to suspend provision of any and all Services without penalty until such time as payment is made in

5.6 (a) Subject to all applicable laws and regulations, the Trust shall have a general and specific lien
over any Vessel, Equipment or Goods and all documents relating thereto in respect of its
Charges and in respect of any other indebtedness to the Trust of the User or the owner of such
Vessel, Equipment or Goods. The Trust shall be entitled to refuse to deliver up any Vessel,
Equipment or Goods until all such sums have been paid. Storage and other charges accruing
shall continue to accrue during such period. If any sums remain unpaid for a period of 45 days
from the invoice date the Trust shall be entitled to take possession of any such Vessel,
Equipment or Goods and to sell or otherwise dispose of them, reimbursing the User any sale
proceeds less sums due to the Trust and the reasonable sale costs and expenses incurred by
the Trust. The Trust shall have no liability in this regard.
(b) In the exercise of Condition 5.6(a) the Trust reserves to itself absolute discretion as to the
means and procedure to be followed in the handling, storage and transportation of any Vessel,
Equipment or Goods notwithstanding any express instructions given by the User in relation

5.7 If the User ceases to trade (either in whole, or as to any part or division involved in the performance
of these Terms), or becomes insolvent, has a receiver, administrative receiver, administrator or
manager appointed of the whole or any part of its assets or business, makes any composition or
arrangement with its creditors or if an order or resolution is made for its dissolution or liquidation
(other than for the purpose of solvent amalgamation or reconstruction) or (being an individual) the
User shall become bankrupt or make any composition or arrangement with its creditors, or anything
analogous happens in any jurisdiction, then the Trust shall be entitled immediately to recover from
the User or any other person liable for the Charges (notwithstanding that the periods stated above or
any period of credit extended to the User may not have expired) all sums then due to the Trust
(including any accrued interest and other Charges properly levied in accordance with these Terms)
and all loss and expense incurred by the Trust as a result of such circumstances arising.

5.8 Any query to be raised by the User on any invoice issued by the Trust must be made in writing within
30 days of the invoice date failing which the User shall be deemed to have accepted the invoice.

5.9 Any Vessel loading and/or discharging personnel, Goods and/or Equipment and using on-board or
off-board lifting equipment onto/off any pier will be deemed as having berthed alongside. This
includes Vessels alongside but held in position by DP (dynamic positioning).


6 Hazardous Goods And Waste

6.1 The User shall remove from the Harbour Area and dispose of all trade and other waste as often as
may be necessary or as reasonably directed by the Trust.

6.2 No waste material or goods of a dangerous, hazardous or poisonous nature will be handled by the
Trust except with the prior approval of the Harbour Master and then only in accordance with
conditions prescribed by him and all applicable laws, regulations, regulatory requirements and codes
of practice.

6.3 The User warrants that any approved waste material or goods of a dangerous, hazardous or
poisonous nature are stored in suitable containers and properly marked with a warning as to the
hazardous nature of any contents and the precautions to be taken in handling the same (in the event
of the escape of anything injurious therefrom) as may be necessary to ensure the safety and health of
all persons likely to handle or come into contact with the same.

6.4 The Trust shall be entitled to remove and dispose of any trade or other waste material or goods of a
dangerous, hazardous or poisonous nature found within the Harbour Area in contravention of
Conditions 6.1, 6.2 and/or 6.3 and recover their reasonable costs in respect thereof from the User. The
Trust shall have no liability in respect thereof.


7 Import And Export Goods

7.1 Authorisation for the removal of imported Goods and Equipment shall not be granted by the Trust
unless such Goods and Equipment are correctly released and cleared with no statutory or other

7.2 The User shall be responsible for all import duties, export duties, levies, fines and charges relating to
the Vessel, Goods and Equipment. The User shall indemnify the Trust against any and all claims
made against the Trust by H.M. Revenue & Customs and any other duties, levies, fines, charges and
expenses in respect of such Vessel, Goods and Equipment.


8 User Warranties

8.1 The User warrants to the Trust that it is either the owner of the Goods, Equipment or Vessel or has the authority and consent for itself and for and on behalf of all persons having any title to or interest in any Goods, Equipment or Vessel to accept these Terms and has specifically notified these Terms to such
persons. Finance companies, lessors and others having or claiming to have title to or an interest in
such Goods, Equipment or Vessel are advised that unless the Trust is notified in writing of their title or
interest in any particular Goods, Equipment or Vessel prior to the commencement of any relationship
between the Trust and the User, these Terms shall be deemed to have been accepted with the
authority of such persons. Such persons’ rights over and in respect of the Goods, Equipment or Vessel
shall be subordinated to the rights of the Trust hereunder.

8.2 The User warrants that its employees (and those of any agents or contractors it may engage including hauliers and stevedores) are properly trained and competent to carry out the tasks assigned to them at the time those tasks are assigned and undertaken including in relation to the giving of any instructions to the Trust or the inputting of any information into any electronic service or system operated or managed by or on behalf of the Trust. The User warrants that such persons have the full authority to give such instructions or input such information.

8.3 The User warrants that it and its Representatives shall at all times comply in all respects with all
applicable laws, regulations, codes of practice and international conventions relating to the Harbour
Area (including the Byelaws, Directions and requirements of the Trust and to the Vessel, Goods and/or
Equipment (including navigation, manning, carriage, packing, handling, storage, and movement) and
with all other statutory duties, requirements and obligations incumbent on the User.

8.4 The User warrants that it shall obtain and maintain at its own expense, all necessary permits,
licences and authorisations relating to the carriage, handling, storage and movement of the Vessel,
Goods and Equipment.

8.5 Save as otherwise agreed by the Trust, and (if applicable) in accordance with Condition 6.3, the User
warrants that while within the Harbour Area any Goods, Equipment or Vessel:
(a) are not dangerous, hazardous, poisonous, toxic, radio-active, flammable or injurious or liable to
become so (other than distress signals/flares which are safely stowed);
(b) will not contaminate or cause danger, injury, pollution or damage to any person, the Harbour
Area, any other Goods, Equipment or Vessel or any other property or the environment;
(c) are not rotten, infested, verminous or subject to fungal attack or liable to become so;
(d) do not require for their safekeeping any special protection arising from vulnerability to heat,
cold, natural or artificial light, moisture, salt, pilferage, vandalism or proximity to other goods
or from their flammability but will remain safe if left standing in the open on the Harbour Area
or in covered accommodation (if agreed with the Trust);
(e) contains no unauthorised controlled substances, contraband, pornographic, sanctioned or
other illegal matter;
(f) are properly and sufficiently packed, documented and labelled in accordance with all
applicable laws, regulations, regulatory requirements and codes of practice for all shipping,
handling, storage, dispatch, customs and like purposes;
(g) are in a safe, fit and proper condition to be handled or otherwise dealt with by the Trust, its
equipment and its employees, agents and sub-contractors.
The Trust shall be entitled at the User’s sole risk and expense to remove and if reasonably required
destroy or dispose of Goods or Equipment that are not in compliance with any part of this warranty.

8.6 The User warrants that it shall immediately inform the Harbour Master of any occurrence or incident
which might affect the safe and efficient operation of the Harbour Area or other persons at the Harbour
Area or result in adverse environmental impact and shall take, at its own cost, such reasonable steps
to control or eliminate any danger or inconvenience arising as a result of the Vessel, Goods or
Equipment, as may be required by the Trust.

8.7 The User warrants that it shall not:
(a) use any devices which transmit radio signals or attempt to block radio signals (including
without limitation G.P.S.) whilst on the Harbour Area;
(b) interfere with any systems, communication links and equipment or computer hardware and
software whilst on the Harbour Area;
(c) use or attempt to use any devices or software to gain access to unauthorised data and
without the prior written consent of the Trust except that the User may use marine band and radar
radio frequencies and wi-fi.
8.8 The User warrants the accuracy of all descriptions, weights, values and other particulars relating to
Goods and Equipment furnished to the Trust for handling, customs and any other purposes. The Trust
shall not be responsible for checking the accuracy of any documentation handled by it.


9 Liability

9.1 Nothing in these Terms shall exclude or in any way limit the Trust’s liability for fraud, or for death or
personal injury caused by its negligence, or any other liability to the extent the same may not be
excluded or limited by law.

9.2 Any Vessel, Equipment, Goods or other property which is located within the Harbour Area, is located
entirely at the User’s and Owner’s own risk. The Trust will not be responsible for the safe custody of
any Vessel, Goods or Equipment entering the Harbour Area or for any damage to such Vessel, Goods
or Equipment. The Trust has no custody of any Vessel, Goods or Equipment within the Harbour Area
and the Owner must arrange to have them watched appropriately while they remain within the Harbour

9.3 The Trust shall have no liability whatsoever in respect of any of the following howsoever caused or
arising and whether or not the same was foreseeable, known or otherwise: (a) any indirect, incidental,
special or consequential loss or damage; (b) loss of actual or anticipated income, profits, contracts,
goodwill, or business; (c) loss of anticipated savings; (d) loss which might reasonably have been
avoided or minimised by the User; (e) betterment; and (f) any increased costs or expenses or both.

9.4 The Trust shall have no liability whatsoever for any loss, damage, cost, expense or delay caused by or
arising directly or indirectly as a consequence of any of the following: (a) any act, event or omission
beyond its reasonable control; (b) force majeure (including adverse weather, storm, high winds,
lightning, earthquake, tidal wave storm surge, flood or disease); (c) strike, lock-out or other industrial
dispute (whether or not involving the workforce of the Trust; (d) interruption, disruption or failure of any utility service or transport network; (e) war, riot or civil commotion; (f) malicious damage, theft (unless proved to have been committed by an employee of the Trust or piracy; (g) wear and tear, leakage,
insufficient or unsuitable packing or packaging or addressing or latent defect of Goods or Equipment;
(h) compliance with any law or governmental or official order, rule, regulation or direction; (i) accident;
(j) damage to or breakdown or failure of Equipment (including computer hardware, computer software,
telephone, radio satellite or other communication system, alarm, locking mechanisms, C.C.T.V. or
refrigeration equipment); (k) loss, deletion or unauthorised access of data; (l) fire (including steps to
extinguish fire), smoke, radiation, radioactive contamination or explosion; (m) temperature variation,
exposure to heat or cold or light, vermin, mould, insects, rot or corrosion; (n) any Vessel, Goods or
Equipment being unfit or in an unsuitable condition for the Service or any Vessel being unseaworthy;
(o) acts or default of third parties (including suppliers and sub-contractors); (p) insufficient depth of
water at any Quay or its approaches; (q) any act, omission, delay or default of the Trust, its servants,
agents, or any other person for whom the Trust is responsible for in law, which is necessary for the
safety or preservation of any person, premises, Goods, Equipment or Vessel; (r) scarcity of labour,
Equipment, storage areas or any other facilities; (s) the failure of the User or its Representatives to
comply with these Terms, the Byelaws or the Directions or a breach of any of the warranties or
confirmations given by the User; and (t) late receipt of Customs entries or landing orders, or other
documents, disputes in respect of documents, or declarations made for entry purposes by or on behalf
of any person, delay in passing Customs entries or obtaining clearance of the Goods or omission of
information from, or a mis-statement in, any statement or order to the Trust relating to the Goods.

9.5 The burden of proof that any loss or damage was caused by the actionable fault of the Trust shall be
on the User. That such loss or damage occurred within the Harbour Area or under the Trust’s control
shall not satisfy the User’s burden of proof.

9.6 Subject to Condition 9.1, the total liability of the Trust (if any) for any loss, damage, liability, claim, cost and/or expense in respect of any one event or occurrence shall in no case be more than £10,000,000 and shall be the lowest of the following as applicable:
(a) the market value at the time of the damage or loss of that part or parts of the Vessel to which
the claim relates;
(b) the reasonable cost of repairs.
(a) the reasonable cost of repairs;
(b) the market value at the time of the damage or loss to which the claim relates;
(c) the sum of £3,000 per any unit of Equipment.
(a) the market value of the Goods lost or damaged and if any claims in respect of a part
consignment, then the value only of the part consignment as a proportion of the whole
consignment (to be calculated by weight in the absence of specific values for the damaged
(b) the reasonable cost of repairs;
(c) in any other case the sum of £1,300 per tonne (pro rata for any part of a tonne) (or any
higher general limit of liability figure per tonne in the Road Haulage Association’s standard
Conditions of Carriage as amended from time to time) unless the nature and value of the
Goods had been declared to the Trust and the Trust has agreed a higher limit of liability with
the User (as evidenced in writing) prior to such Goods arriving at the Harbour Area.

9.7 Nothing in these Terms shall prejudice the Trust‘s right to rely on any contract, convention or
statutory provision providing for limitation and/or exclusion of liability including the provisions of the
Merchant Shipping Acts and subordinate legislation.

9.8 It is a condition precedent to any liability of the Trust, that the Trust is notified in writing in respect
(a) any damage alleged to have been caused to a Vessel (and to be permitted to inspect such
damage) prior to sailing or the commencement of repairs;
(b) any alleged misdelivery or loss of or damage to Goods or any deficiency therein together with
particulars of the nature and the amount of any claim to be made within 30 days of the Goods
leaving the Harbour Area;
(c) any damage alleged to have been caused to Equipment prior to such Equipment leaving the
Harbour Area.
Failure to meet with these requirements shall absolve the Trust of any liability whatsoever. In any
event the Trust shall be entitled (and the User and Owner hereby grant permission) to inspect any
such Goods or Equipment prior to their disposal or destruction by the Owner. The User and/or
Owner shall not bring any claim in respect of any single incident below the de minimis limit of £200.

9.9 Notwithstanding the provisions of Condition 9.8, the Trust shall in any event be discharged of all
liability whatsoever howsoever arising unless court proceedings are commenced against the Trust
within 12 months from the date of the event or occurrence alleged to have given rise to a claim against
the Trust.


10 Indemnity

10.1 The User shall be liable for and shall indemnify the Trust against any and all damage, claims,
(including claims for personal injury and/or death), actions, liabilities, fines, losses, damages and
expenses (including legal expenses) incurred by the Trust, its employees, servants, agents or subcontractors
howsoever caused, which arise out of or in connection directly or indirectly with:
(a) any act, omission, instruction, misrepresentation, negligence, recklessness, fraud, wilful
misconduct or breach of statutory duty of the User or the Owner;
(b) the failure of the User to comply with the requirements of any authority;
(c) any inaccuracy (or omission) in any warranties, declarations, particulars or information
(including gross weight) given to the Trust in respect of a Vessel, Goods or Equipment; and
(d) the failure of the User to comply with any of these Terms (or to take any step which the Trust
shall consider to have been reasonably required to remedy such failure) or the breach by the
User of any of the warranties or undertakings of the User.

10.2 Any sums payable to the Trust under Condition 10 shall be chargeable to and payable by the User in
addition to and subject to the same provisions as the Charges.


11 Insurance

11.1 The User shall be fully insured against all risks (including, without prejudice to the generality of the
foregoing, fire, damage, environmental incident, salvage, public liability and theft, whether due to the
negligence of others or not), for a sum of not less than £5,000,000 at all times that they or any of their
Vessels, Goods or Equipment shall remain on the Harbour Area. The Trust shall advise the User if they
require the sum so insured to be a figure higher than £5,000,000. The User shall provide evidence of
such insurance to the Harbour Master on request.

11.2 The Trust has no responsibility to insure Vessels, Goods or Equipment.


12 Miscellaneous Provisions

12.1 If and in so far as any part or provision of the Terms is or becomes void or unenforceable it shall be
deemed not to be or never to have been or formed a part of the Terms and the remaining provisions of
the Terms shall continue in full force and effect.

12.2 The failure of either party to exercise or enforce any right conferred on that party by the Terms shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at
any time or times thereafter.

12.3 These Terms and in particular the limitations on liability are intended to inure for the benefit of both the Trust and its employees, agents and contractors to which end the Trust contracts on these Terms on its own behalf and as agent for and trustee for the benefit of its employees, agents and

12.4 All legal relationships and agreements between the Trust and the User shall be governed in all
respects by Scots law and the User hereby submits to the exclusive jurisdiction of the Scottish courts in
connection therewith, save that the Trust shall be at liberty to seek any interim relief, arrest or secure
property of the User or to take steps to enforce any obligation or judgement against the User in any