Terms

Information about us and how to contact us

We are Bamfords (Yeovil) Limited a Company registered in England and Wales.  Our Company Registration Number is 06552406 and our Registered Office is at 24 Garrett Road, Lynx Trading Estate, Yeovil, Somerset, BA20 2TJ . Our VAT registration number is 931 053 556

1.0      Interpretation

The following definitions and rules of interpretation apply in these terms and conditions.

• Definitions:

• Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
• Business Customer: A Customer who is not a Consumer Customer.
• Commencement Date: has the meaning given in clause 2.
• Conditions: these terms and conditions as amended from time to time in accordance with clause 7.
• Consumer Customer: A Customer who is an individual as set out in clause 2.1.
• Contract: the contract between the Supplier and the Customer for the supply of Goods and/or Services in accordance with these Conditions.
• Cooling-Off Period: has the meaning given in clause 19.3
• Customer: the person or firm who purchases the Goods and/or Services from the Supplier namely the Consumer Customer or Business Customer.
• Data Protection Legislation: all legislation and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications, including, without limitation (i) any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation, as well as (ii) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to data protection and privacy (for so long as and to the extent that the law of the European Union has legal effect in the UK). This shall be taken to include any domestic Data Protection regulation which is introduced upon the conclusion of the transitional arrangements.
• Deliverables: the deliverables set out in the Order produced by the Supplier for the Customer.
• Delivery Location: has the meaning given in clause 1.
• Force Majeure Event: has the meaning given to it in clause 21.
• Goods: the goods (or any part of them) set out in the Quotation.
• Goods Specification: any specification for the Goods, including any relevant plans or drawings, as set down in the Quotation
• Order: the Customer’s order for the supply of Goods and/or Services, as set out in the Customer’s written acceptance of the Quotation and these terms.
• Quotation: the Supplier’s quotation for the supply of Goods and/or Services to the Customer.
• Services: the services, including the Deliverables, supplied by the Supplier to the Customer as detailed in the Quotation.
• Service Specification: the description or specification for the Services as detailed in the Quotation
• Supplier: Bamfords (Yeovil) Limited registered in England and Wales with company registration number 06552406 and registered office at 24 Garrett Road, Lynx Trading Estate, Yeovil, Somerset, BA20 2TJ.
• Supplier Materials: has the meaning given in clause 13.1.
  • Interpretation:
    • A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
    • A reference to a party includes its personal representatives, successors and permitted assigns.
    • A reference to a statute or statutory provision is a reference to it as amended or re-enacted and includes all subordinate legislation made under that statute or statutory provision.
    • Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
    • A reference to writing or written shall be taken to include electronic communications provided by email but not by fax. The Supplier does not accept service by fax.

2. Business or Consumer Customer
   • In some areas the Customer will have different rights under these terms depending on whether they are a business or consumer. The Customer is a consumer and defined as a Consumer Customer if:

• They are an individual.
• They are buying products or services from the Supplier wholly or mainly for personal use (not for use in connection with their trade, business, craft or profession).

2.2       This shall be taken as complying with the definition as set out in Regulation 4 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

3. Basis of contract
   • The Order constitutes an offer by the Customer to purchase Goods and/or Services in accordance with these Conditions.
   • The Order shall only be deemed to be accepted when the Supplier issues written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).
   • Any samples, drawings, descriptive matter or advertising issued by the Supplier and any descriptions of the Goods or illustrations or descriptions of the Services contained on the Supplier’s website, or any other promotional materials are issued or published for the sole purpose of giving an approximate idea of the Services and/or Goods described in them. They shall not form part of the Contract or have any contractual force.
   • These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
   • Any Quotation given by the Supplier shall not constitute an offer, and is only valid for a period of 30 Days from its date of issue. For the meaning of an agreement, the offer shall be made by the Consumer and acceptance shall be made by the Supplier.
   • All of these Conditions shall apply to the supply of both Goods and Services except where application to one or the other is specified.
4. The Goods
   • The Goods may vary from any images of them provided and such images are for illustrative purposes only. The Supplier has made every effort to display the colours accurately but the Goods may vary slightly from those images. The Goods will remain fit for purpose and in compliance with the statutory obligations of the Supplier.
   • If Goods are being made to measurements provided to the Supplier by the Customer, the Customer is responsible for ensuring that these measurements are correct.
5. The Customer’s right to make changes
   • If the Customer wishes to make changes to the product or services ordered, the Customer must contact the Supplier to request the change. The Supplier will confirm if the change is possible. If it is possible, the Supplier will inform the Customer of any change to the price of the Goods or Services, the timing of supply or anything else which would be necessary as a result of the requested change and request confirmation of whether the Customer would like to go ahead with the change.
6. The Supplier’s right to make changes
   • The Supplier reserves the right to make changes to the products or supply substitute products of materially similar quality and specification if required by an applicable statutory or regulatory requirement or due to supply chain difficulties, and the Supplier shall notify the Customer in any such event.
7. If there is a problem with the Goods or Services

If you have any questions or complaints about the Goods or Services, please contact us.  You can telephone our customer service team on 01935 423006 or write to us at Hello@bamfordsyeovil.com or at 24 Garrett Road, Lynx Trading Estate, Yeovil, Somerset, BA20 2TJ .

8. Delivery of Goods
   • The Supplier shall deliver the Goods to the location set out in the Quotation (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready.
   • Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location.
   • Any dates quoted for delivery of the Goods are approximate only. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event, the Customer’s failure to provide the Supplier with any other instructions that are relevant to the supply of the Goods or any other event outside of the Supplier’s control.
   • If the Customer fails to take delivery of the Goods within three Business Days of the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Supplier’s failure to comply with its obligations under the Contract in respect of the Goods:
     • delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which the Supplier notified the Customer that the Goods were ready; and
     • the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
   • If ten Business Days after the Supplier notified the Customer that the Goods were ready for delivery the Customer has not taken delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.
9. Quality of Goods and Services – Consumer Customers
   • This clause 9 only applies if the Customer is a Consumer Customer.
   • If the Customer is a consumer the Supplier is under a legal duty to supply products that are in conformity with this contract. The box below summarises consumers’ key legal rights in relation to the Goods and Services.

• If the Customer is a Consumer Customer and choses to exercise the right to reject Goods they must either return them in person, post them back to the Supplier or (if they are not suitable for posting) allow the Supplier to collect them at the Supplier’s cost.

10. Quality of goods and services – Business Customers
    • This clause 10 only applies if the Customer is a Business Customer.
    • The Supplier warrants that delivery date and for a period of 12 months from the date of delivery (warranty period), the Goods shall:
      • conform in all material respects with their description and any relevant specification;
      • be free from material defects in design, material and workmanship;
      • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
      • be fit for any purpose held out by the Supplier.
    • Subject to clause 10.4, if:
      • the Customer gives notice to the Supplier in writing during the warranty period within a reasonable time of discovery that the Goods do not comply with the warranty set out in clause 10.2; and
      • the Supplier is given a reasonable opportunity of examining such a product,

the Supplier shall, at its option, repair or replace the defective product, or refund the price of the defective product in full.

• The Supplier will not be liable for Goods’ failure to comply with the warranty in clause 10.2 if:
  • the Customer make any further use of such Goods after giving notice in accordance with 10.3(a).
  • the defect arises because the Customer failed to follow the Supplier’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
  • the Customer alters or repairs the Goods without the Supplier’s written consent; or
  • the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
• Except as provided in this clause 10, the Supplier shall have no liability to the Customer in respect of Goods’ failure to comply with the warranty set out in clause 10.2.
• These terms shall apply to any repaired or replacement products supplied by the Supplier under clause 10.3.
• In supplying the services, the Supplier shall:
  • perform the Services with reasonable care and skill;
  • use reasonable endeavours to perform the Services in accordance with the Service Specification; and
  • ensure that all materials, standards and techniques used in providing the Services are of satisfactory quality and are fit for purpose.

11. Title and risk
    • The risk in the Goods shall pass to the Customer on completion of delivery.
    • Title to the Goods shall not pass to the Customer until the Supplier receives payment in full (in cash or cleared funds) for the Goods and any other goods and services that the Supplier has supplied to the Customer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums.
    • Until title to the Goods has passed to the Customer, the Customer shall:
      • not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
      • maintain the Goods in satisfactory condition and keep them insured against all risks for their full price on the Supplier’s behalf from the date of delivery;
      • notify the Supplier immediately if it becomes subject to any of the events listed in clause20.7(c); and
      • give the Supplier such information relating to the Goods as the Supplier may require from time to time.
    • If the Customer is a Business Customer and before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in clause 20.7(c), then, without limiting any other right or remedy the Supplier may have:
      • the Customer’s right to use them in the ordinary course of its business ceases immediately; and
      • the Supplier may at any time:
        • require the Customer to deliver up all Goods in its possession; and
        • if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.

12. Supply of Services
    • The Supplier shall supply the Services to the Customer in accordance with the Service Specification in all material respects.
    • The Supplier shall begin the Services on the date agreed with the Customer during the order process/as set down in the Order. The estimated completion date for the Services is as specified in the Supplier’s quotation.
    • The Supplier reserves the right to amend the Service Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.
13. Customer’s obligations
    • The Customer shall:
      • ensure that the terms of the Order and any information it provides in the Service Specification are complete and accurate;
      • co-operate with the Supplier in all matters relating to the Services;
      • provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Customer’s premises, and other facilities as reasonably required by the Supplier to provide the Services;
      • provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
      • prepare the Customer’s premises for the supply of the Services;
      • obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
      • comply with all applicable laws, including health and safety laws;
      • keep all materials, equipment, documents and other property of the Supplier (Supplier Materials) in safe custody and at its own risk, and not dispose of or use the Supplier Materials; and
      • comply with any additional obligations as set out in the Service Specification and the Goods Specification.
    • If the Supplier’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
      • without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Supplier’s performance of any of its obligations;
      • the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations; and
      • the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.

14. Charges and payment
    • The price for Goods and Services (which excludes VAT) shall be set out in the Quotation and Letter of Engagement.
    • If the rate of VAT changes between the order date and the date the Supplier supplies the Goods and Services, the Supplier will adjust the rate of VAT that the Customer pays, unless the Customer has already paid for the product in full before the change in the rate of VAT takes effect.
    • The Supplier shall invoice the Customer in accordance with the payment dates set out in the Quotation, however the Supplier reserves the right to issue interim invoices for Goods delivered and Services completed at any time after the Commencement date.
    • The Customer shall pay each invoice submitted by the Supplier:
      • within 7 days of the date of the invoice; and
      • the Customer may make payment either:
        • with debit / credit cards or
        • in full and in cleared funds to a bank account nominated in writing by the Supplier, and time for payment shall be of the essence of the Contract.
      • If the Customer fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Supplier’s remedies under clause 19 (Termination), the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 5 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
      • If the Customer is a Business Customer, all amounts due to the Supplier under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

15. Entire Agreement
    • If the Customer is a Business Customer these terms constitute the entire agreement between the parties in relation to the Customer’s purchase. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in these terms and that the Customer shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
16. Data protection and data processing
    • The Supplier will only use the Customer’s personal information as set out in its privacy policy, which can be found at our office.
17. Limitation of liability – Consumer Customers
    • This clause 17 is only applicable if the Customer is a Consumer Customer.
    • The Supplier is responsible for loss or damage the Customer suffers that is a foreseeable result of the Supplier’s breach of this contract or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both parties knew it might hap
    • This clause 17 does not exclude liability for death or personal injury caused by the Supplier’s negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the Customer’s legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
    • When providing services in the Customer’s property, the Supplier will make good any damage to the property caused by the Supplier while doing so. However, the Supplier is not responsible for the cost of repairing any pre-existing faults or damage to the Customer’s property that is discovered while providing the services.
    • If the Customer is a consumer the products are only supplied for domestic and private use. If the Customer uses the products for any commercial, business or re-sale purpose the Supplier’s liability to the Customer will be limited as set out in clause 1
18. Limitation of Liability – Business Customers
    • This clause 18 is only applicable if the Customer is a Business Customer.
    • Nothing in these terms shall limit or exclude the Supplier’s liability for:
      • death or personal injury caused by the Supplier’s negligence, or the negligence of the Supplier’s employees, agents or subcontractors (as applicable);
      • fraud or fraudulent misrepresentation;
      • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
      • any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
    • Except to the extent expressly stated in clause 11.2 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    • Subject to clause 1:
      • the Supplier shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between the Supplier and the Customer; and
      • the Supplier’s total liability to the Customer for all other losses arising under or in connection with any contract between them, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by the Customer for products under such contract.

19. Termination
    • The Customer may terminate the Contract if the circumstances set out at (a) to (d) below apply. If any of the circumstances described at (a) to (d) below apply, the Customer may terminate the contract immediately and, subject to any deductions which apply pursuant to clauses 19.5 and 19.6, the Supplier must refund the Customer for any products which have been pre-paid but which have not been provided. The Circumstances are:
      • the Supplier has informed the Customer about an upcoming change to the Goods, Services or these terms which the Customer does not agree to;
      • there is a risk that supply of the products may be significantly delayed because of events outside of the Supplier’s control;
      • subject to clauses 19.2 to 19.6 (inclusive), if the Cooling-Off Period has not expired; or
      • the Customer has a legal right to end the contract because of something the Supplier has done wrong.
    • The Customer does not have the right to terminate the contract pursuant to clause 21.1(c) in respect of:
      • services once they have been completed; and
      • any products which become mixed inseparably with other items after their delivery.
    • The Cooling-Off Period
      • The Cooling-Off Period in relation to the Services is 7 days from the date the Supplier gives notice that the Order is accepted. However, once the Supplier has performed any of the Services the Customer may not terminate the Contract in relation to those services, even if the Cooling-Off Period is still running.  If the Customer terminates the Contract after the Supplier has started the Services, the Customer must pay the Supplier for the Services which have been provided up until the time that notice is given to terminate the Contract by the Customer pursuant to clause 19.1(c).
      • The Cooling-Off Period in relation to the Goods is 7 days from the day the Customer receives the goods, unless the Goods are delivered over different days, in which case the Cooling-Off Period is 14 days after the Customer receives the last delivery.
    • If a Consumer Customer exercises their right to terminate the contract within the Cooling-Off Period pursuant to clause 19.1(c) after any Goods have been dispatched to or received by the Customer, the Customer must allow the Supplier to collect them.
    • If the Customer terminates the Contract pursuant to clause 19.1(c):
      • the Supplier may reduce the refund to the Customer to reflect any reduction in the value of the Goods if this has been caused by the Customer’s handling of the Goods in a way which would not be permitted in a shop.
      • in relation to Services, the Supplier may deduct from the relevant refund to the Customer an amount for the supply of the Service for the period it was supplied, ending with the time the Customer notified the Supplier of the decision to exercise the right to terminate under clause 20.1(c). The amount deducting in accordance with this clause 19.5(b) will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
    • If the Customer exercises their right to terminate the Contract pursuant to clause 19.1(c) the Supplier shall make any refunds due to the Customer within 7 days of the date the Customer notified the Supplier of their intention to terminate the Contract in accordance with that clause.
    • Without affecting any other right or remedy available to it, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if:
      • the Customer fails to make any payment to the Supplier when it is due and fails to make payment within 7 days of the Supplier giving notice to the Customer that payment is due;
      • the Customer does not provide the Supplier with information necessary for performing the Contract, within a reasonable time of the Supplier requesting such information;
      • if the Customer is a Business Customer, it takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; and
      • if the Customer is a Business Customer, there is a change of control (within the meaning of the Corporation Tax Act 2010) of the Customer.

20. Consequences of termination
    • On termination of the Contract:
      • the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services and Goods supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;
      • the Customer shall return all of the Supplier Materials and any Deliverables or Goods which have not been fully paid for. If the Customer fails to do so, then the Supplier may enter the Customer’s premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract.
    • Termination or expiry of the Contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
    • Any provision of the Contract that expressly or by implication is intended to have effect after termination or expiry shall continue in full force and effect.
21. Force majeure

Neither party shall be in breach of the Contract nor liable for delay in performing or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

22. General
    • Assignment and other dealings
      • The Supplier may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
      • The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of the Supplier.
    • Notices
      • Any notice given to a party under or in connection with this agreement shall be in writing and shall be:
        • Recorded delivery, delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
        • sent by email to the email address specified by the parties from time to time.
      • Any notice shall be deemed to have been received:
        • if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
        • if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service; and
        • if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 23.2(b), business hours means 8.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
      • This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
    • If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
    • A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
    • Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.
    • Third parties rights.
      • Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
      • The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
    • Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).
    • The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
    • Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.