BP 2007 Products

40.6 Waiver
Any waiver shall relate only to the matter, non-compliance or breach as it expressly relates
to and shall not apply to any subsequent or other matter, non-compliance or breach.
40.7 Recording, Retention and Monitoring of Communications
Each party hereby acknowledges to the other party and consents that such other party
may from time to time and without further notice and to the extent permitted by law:
(a) record and retain electronic transmissions (including telephone conversations, e-mail
and instant messaging between the parties' respective representatives in
connection with the Agreement or other commercial matters between the parties)
on central and local databases for their respective legitimate purposes; and
(b) monitor electronic transmissions through their internal and external networks for
purposes of security and compliance with applicable laws, regulations and internal
policies for their other legitimate business purposes.
40.8 E-mails and Instant Messaging
In the event that:
40.8.1 The Buyer and the Seller enter into a specific arrangement to an Agreement in
relation to commercial communications and the conclusion of contracts by
electronic means (“an electronic protocol”), which electronic protocol shall
comply with the Electronic Commerce (EC Directive) Regulations 2002
(SI2002/2013) or any subsequent enactment and Statutory Instrument, including
in particular the provisions of Regulations 7 and 9, or
40.8.2 any subsequent Act of Parliament or Statutory Instrument codifies all matters
relating to the exchange of electronic communications and the conclusion of
commercial contracts of the kind envisaged by these General Terms and
Conditions in an electronic medium into the laws of England & Wales such that
no electronic protocol or any additional agreement is required by the parties in
respect of all matters, including but not limited to time of offer and acceptance,
hard copies, validity and proof of agreement as to terms, then
40.8.3 Any notices, advices, confirmatory or other communications (including the
conclusion of the Agreement) may be conducted by e-mail or instant messaging
between the parties, but not otherwise.
40.9 Entire Agreement
The Agreement contains the entire agreement between the Seller and the Buyer with
respect to the matters set forth in the Special Provisions and supersedes all prior
agreements, whether oral or written, in connection therewith.
40.10 Warranties
The Buyer and the Seller each warrant that it has not in connection with the Agreement
relied upon any representations, whether written or oral, made by or on behalf of the
other party, but has relied exclusively on its own knowledge, judgement and expertise.
40.11 Third party rights
No term of the Agreement is intended to, or does, confer a benefit or remedy on any third
party. A person, company or other legal entity who is not a party to the Agreement shall
not have nor acquire whether by virtue of the Contracts (Rights of Third Parties) Act 1999
or otherwise any rights in relation to the Agreement. Further, the parties hereto may
rescind or vary the Agreement, whether in whole or in part, without the consent of any
third party.
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