Estimates

Overview

When requested, estimates are prepared without charge or obligation.  The estimating process is thorough, such that RWS guarantees not to exceed the agreed costs.  In preparing an estimate, the core search strategy is devised and, from the strategy, the total number of documents to inspect is calculated; allowance is also made for supplementary search strategies, which form an integral part of all searches and are designed to identify records having missing, or misapplied, classification headings. The length of time required to inspect the set of documents, and therefore the estimated cost, is established by determining the expected inspection rate, which is dependent upon technology, language, and access to the full documents.

In the absence of any indication to the contrary, RWS will always prepare an initial search proposal for a robust investigation that remains cost-effective. If, after consideration, a more in-depth investigation is required, we are happy to provide a detailed estimate. However, please alert us to any budgetary or time considerations, and these can be incorporated within our strategies.

It is not necessary to supply a complete specification when requesting an estimate; a description of the technology, with figures where appropriate, is often sufficient.

Strategy

Using our in-house database PatBase, we have access to all major classification systems, namely: the International Patent Classification (IPC), the Cooperative Patent Classification (CPC), the United States Patent Classification (USPC), the German Patent Examiner’s Classification System (DEKLA), the Japanese Patent Classification (F-term/FI) and the legacy European Patent Office Internal Classification System (ECLA - replaced by the CPC). The optimum approach is to conduct a search through multiple classification systems, as this minimises the possibility of cases being missed due to incorrect classification on the part of the examiners. However, given the very high volume of material involved in using this approach, search costs can be prohibitively expensive (full, manual, classification-based searches spanning multiple classification schemes can involve hundreds of hours search time).

For searches involving an infringement element, RWS usually provides an estimate based upon a search through the most relevant CPC headings, together with an IPC ‘hole-filler’ (a search of records indexed under relevant IPC headings and which are not indexed under the CPC scheme), and supplementary searches using an appropriate selection of the following tools:

  • Classes-in-combination: where multiple classes (2 or more) describe different aspects of the subject matter, they can be combined using a logical AND in order to generate a more focused search list (this is a very useful tool which can locate material not identified by combined classification/keyword searches, e.g. older material having little, or no, text or references publishing only in non-standard languages).
  • Keyword searches: ‘pure’ and/or in combination with classification headings. Searches can be conducted through all available fields (Title / Abstract / Claims / Description) and can require complex strategies involving multiple truncation options and proximity operators.
  • Citation searches: these searches leverage the expertise of patent examiners and can be used to identify both citing and cited references
  • Name (Applicant/Inventor) searches

If the estimated costs are too high using a full, manual, classification-based approach, then these same tools can be used to devise an overall search strategy that fits the constraints of a specified budget.

Other measures can also be employed to reduce the size of the search, such as:

  • Restrict the period and/or country coverage of the search
  • Examine abstracts only/use of kwic (keyword-in-context) display formats & highlighting schemes
  • Examine only one member per family (or all records from one territory per family)

Please note: any measure used to limit the scope of a search carries an element of risk that relevant material may not be inspected.

Preparation

Unless specifically requested, estimates are not prepared for every single country/publishing body. Typically the major Western World publishers (DE, EP, FR, GB, US and WO) would be included, as would any other country that appears to be active in the particular technology in question. Options for searching Asian material (CN, JP, TW and KR), either conducted in-house or by means of local associates using natural language data, are also provided where appropriate.

Non-patent literature would be included only upon specific request: however, a mention of such would be made in every Validity search estimate. Unless specific journals are suggested by the client, RWS' initial recommendation is to search via an abstract database using keywords. The choice of databases will depend upon the target subject, but typically first choice resources are Chemical Abstracts, the Engineering Index (Compendex) and Inspec. Our aim is to select resources that provide a good overview of their respective technical areas. The results of the initial abstract searches are used to provide an indication of possible journals/publications for full manual searching.

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Search Strategy

Overview

There are four key elements to be considered when conducting subject matter searches, namely: classifications, keywords, citations and applicant/inventor names. RWS believes in conducting subject matter searches by making the best possible use of all of these tools in appropriate combination. Despite the proliferation of published patent documentation (and the increase in the number of search tools available), the use of classifications remains at the core of our search philosophy. Primary consideration is given to establishing whether there are good headings under which to conduct a search.

Factors such as timescale and/or budget are also considered when developing a search strategy.

However, total reliance on the use of classifications is not considered to be an optimum approach and supplementary searches are always carried out to take account of the possibility of missing, or misapplied, headings.

Searches are an iterative process and material indexed under the most pertinent classification headings can also be used to: indicate additional headings for review; identify keywords/phrases and/or identify ‘seeds’ for citation searches.

The full-texts of patents are inspected whenever possible. Rarely will a patent be eliminated solely upon its abstract (unless the full-text is not readily available).

Search Tools and Strategies

Using the key search elements (see above) in various combinations enables a number of techniques to be employed:

  • Full, manual, patent classification searches: this entails a review of the entire content of all documents indexed under the selected classification headings.
  • Multiple classification systems, namely: CPC (the Cooperative Patent Classification – co-produced by the EPO and the USPTO, this scheme has replaced the ECLA scheme), IPC (the International Patent Classification system), USPC (the United States Patent Classification system), DEKLA (the German Patent Examiner’s Classification System) and Japanese (F & FI Terms).  Notes: (1) the ECLA scheme (the Internal Classification of the European Patent Office, including the ICO indexing system) is still available for use as a legacy resource on PatBase; (2) the family structure of PatBase also enables the possibility of the use of national classification systems for broader search coverage – for example Japanese F & FI Terms can be used to identify European/US material where families include members from these territories.
  • Classes-in-combination: where multiple classes (2 or more) describe different aspects of the subject matter, they can be combined using a logical AND in order to generate a more focused search list (this is a very useful tool which can locate material not identified by combined classification/keyword searches, e.g. older material having little, or no, text or references publishing only in non-standard languages).
  • Keyword searches: ‘pure’ and/or in combination with classification headings. Searches can be conducted through all available fields (Title / Abstract / Claims / Description) and can involve complex strategies involving multiple truncation options and proximity operators.
  • Chemistry searches: for certain searches in this field, Registry Number and Structure searches also provide useful options.
  • Citation searches: these searches leverage the expertise of patent examiners and can be used to identify both citing and cited references.
  • Name (Applicant/Inventor) searches: useful where known competitors/inventors are believed to be active in the field; these can be identified by the client and/or be identified from other strategies carried out during a search.

Searching is not an exact science and RWS values its clients’ input in developing a search strategy. PatBase has statistical analysis tools to aid the classification process. Known prior art can also be used to confirm classification headings. Terminology plays a large part in the success of a keyword strategy; thus any preferred/technology-specific terms are always helpful.

Non-Patent Literature

Unless specific journals are suggested by the client, RWS's initial recommendation is to search via an abstract database using keywords. The choice of databases will depend upon the target subject, but typically first choice resources are Chemical Abstracts, the Engineering Index and Inspec. Our aim is to select resources that provide a good overview of their respective technical areas. The results of the initial abstract searches are used to provide an indication of possible journals/publications for full manual searching. As the majority of non-patent resources are limited to abstracts, initial reviews will be based upon the abstract disclosure. However, for any case which cannot be eliminated on the basis of the abstract alone, the full-text of each document (where available) will be inspected at the British Library/readily available online sources.

The British Library provides a worldwide resource of non-patent literature. Journals, periodicals, text books, research disclosures, theses and trade literature are readily available for review. Each document held is date-stamped, which can be vital for validity purposes. Although the first-step of a non-patent literature search is often via abstract databases, RWS has the facilities to offer page-by-page searches of specific publications. The British Library provides a computerised catalogue of its holdings, and searches by title, author or publisher are possible. RWS uses the catalogue to generate a set of journal titles for potential examination, then a cursory review is conducted of each journal to assess its suitability for the search, prior to making a final selection.

Designs

Searches of Registered Designs are conducted using the Locarno Classification and/or national Intellectual Property Office systems (e.g. USPC, GB Design Classification), and all cases are inspected. Depending on the subject matter, this approach can involve the inspection of thousands of designs. However, RWS has developed a number of in-house techniques to allow the search to be conducted in an efficient and cost-effective manner. Due to the limited textual data available for designs, only in rare cases will the search be limited by keywords.

Registered Design searches of most Western and European territories can be conducted in-house. Where in-house searches are not possible, we have a network of local associates that can conduct the searches on our behalf. The reports received from our associates are independently checked and integrated into our own search results (where appropriate).

Non-patent literature can be included for searches of unregistered designs and/or for invalidity purposes. Along with the resources available at the British Library, a number of UAL (University of the Arts London) libraries are located near our offices. These include the libraries of the London College of Fashion and Central St Martin’s which house a collection of specialist publications relating to fashion, furniture and other areas of design.

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Conducting the Search

PatBase

Searches are conducted by utilising PatBase, an international database developed by RWS in cooperation with Minesoft Ltd. Aside from being created by professional searchers, PatBase is also one of the largest and most comprehensive commercially available patent databases in the world. RWS methodology is to inspect full-texts whenever possible; otherwise text from the title, abstract and/or claims.

RWS searchers all use dual-screen systems to improve the efficiency of screen-based searching; PatBase was developed with this in mind.

PatBase records are organized into extended families based upon one or more common priorities. Each PatBase family is a consolidation of the bibliographic elements of each individual family member. Thus all the classification headings, from six different classification systems, associated with each family member are collected together. Classification-based search lists can be generated from a single classification system or by combining classification systems. As the search list is generated from a single source, there is no duplication of records, and the search process is therefore efficient.

Keywords

In addition to classification-based searches, supplementary keyword searches are always conducted, to cover any cases of incorrect/missing classification. Boolean operators, together with a variety of truncation and proximity options, allow detailed keyword strategies to be developed. It is possible to search via the title, abstract, description or claims in various combinations.

PatBase has extensive full-text capabilities with advanced highlighting and kwic (keyword-in-context) features: this functionality facilitates efficient inspection of patents in detail. If a full-text is not available then the PDF of the patent will be inspected.

Keyword searching is an iterative process which develops as the search progresses. However, any known technology-specific terminology is always helpful, and RWS is happy to work with its clients in formulating initial strategies.

Examiners' Citations

Citation tree searches are also conducted, both backward and forward across patent families, to leverage the results of the Examiners' searches.

ISO 9001:2008

RWS searchers work to a company-specific methodology as RWS is an ISO 9001:2008 certified company. Search lists are generated for both classification and keyword-based searches, and these are maintained within each search file. As the lists are annotated during the search, it is possible to ensure that each document within a given list has been reviewed. Part of the overall methodology is to check the classification strategies prior to any searching taking place. In addition, upon the completion of the search there is an independent technical review of the report.

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Search Reports

Layout

The RWS standard report provides a summary of the search criteria, a table of results, technical comments on the results and a field of search setting out the areas covered in detail.

Criteria

If RWS is provided with specific features to search against then these features will be included in the search criteria. In the absence of such information the search criteria will detail those features considered to be of greatest pertinence. Thus the criteria reflects the scope of the search. In the case of budget limited searches, it may be necessary to focus on particular aspects of the invention to make the best use of the budget.

Results

The table of results lists the cases located, together with their family members, and, where available, applicant data and a representative title, abstract and drawing. The search results are divided into two categories, relevant and marginal. At least one technical comment is provided for each citation. In some cases, a document categorised as relevant may not have all the features selected for searching, but would nevertheless be considered better than the remainder of the results. Thus the categorisation is intended to provide direction as to which documents to inspect first. For infringement searches, the categorisation of relevant and marginal is dependent upon the unofficial status of each document. The references cited as being relevant have claims which are either in force or potentially in force. Those references cited as being of marginal interest have disclosures or claims in the public domain, and may therefore indicate possible right of use.

Comments

Technical comments are detailed in the Comments on Results section of our report. The comments provided are of a technical nature and are intended to indicate why a particular reference has been cited; thus the comments may link to the features detailed in the search criteria. No legal opinion is provided.

Field of Search

The Field of Search table shows what classification headings, countries/bodies, and time periods have been searched. Outline details of any keyword searches are also supplied. RWS does not provide a complete listing of the Boolean strategies used for each search, merely a listing of the keywords used and through what resources, as a successful strategy for one database is not necessarily appropriate for another database.

Where appropriate, a recommendation for extension of the search is provided listing those areas (either patent or non-patent) considered to be the next most fruitful areas to search.

Tailormade Reports

Although RWS has a standard report, client specific reports can be provided in a variety of formats, such as Word, Excel, PDF, CSV, HTML and or XML.

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Search Caveats

Search Caveats

The Cooperative Patent Classification (CPC) codes are applied retrospectively by the EPO (they are available on publication when applied to US documents), and may take several months to be accorded to a given patent publication.

The periods covered are approximate. The date range corresponds to the earliest and latest publications, not necessarily from the same publishing body in the case of databases covering the publications of multiple patent offices.

Systematic equivalent searches are not conducted, unless specifically requested. Extended family information (obtained via PatBase) is provided in our subject matter reports.

The status of the patents/applications where given is obtained from unofficial sources and is subject to confirmation.

There is always the possibility of pertinent patents not having been cross-referenced into the appropriate sub-classes and our classification-based search is thus dependent upon the accuracy and the completeness of the classification. Although supplementary keyword searches are always conducted, keyword searching is a far less precise and comprehensive method for conducting a search and it is therefore possible that pertinent art may be overlooked.

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Standard Disbursements

Electronic Copies:

  • Patent copies: Free (for subject matter searches).
  • Patent abstracts: Free (for subject matter searches).
  • Unofficial design representations: Free (for subject matter searches).

Paper Copies:

  • Patent copies: £0.35/€0.60/$0.60/¥75 per page.
  • Patent abstracts: £0.50/€0.80/$0.80/¥105 per page.
  • Unofficial design representations: £0.35/€0.60/$0.60/¥75 per page.
  • Non-patent copies/abstracts: £0.60/€0.95/$0.95/¥120 per page for A4 copies, or £0.75/$1.20/¥150 per page for A3 copies.

Delivery:

  • Mail/courier: at cost.
  • Email/FTP/CD: no charge.

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External Information Sources

British Library

The British Library provides a worldwide resource of non-patent literature. Journals, periodicals, text books, research disclosures, theses and trade literature are readily available for review. Each document held is date-stamped, which can be vital for validity purposes. Although the first-step of a non-patent literature search is often via abstract databases, RWS has the facilities to offer page-by-page searches of specific publications. The British Library provides a computerised catalogue of its holdings, and searches by title, author or publisher are possible. RWS uses the catalogue to generate a set of journal titles for potential examination, then a cursory review is conducted of each journal to assess its suitability for the search, prior to making a final selection.

Inspec

Inspec is the leading English-language bibliographic information service providing access to the world's scientific and technical literature in physics, electrical engineering, electronics, communications, control engineering, computers and computing, information technology, production, manufacturing and mechanical engineering. Produced by the Institution of Electrical Engineers, Inspec provides information on over 5,000 scientific and technical journals and over 2,500 conference proceedings, along with books, reports and dissertations.

Compendex

Compendex is the database version of the Engineering Index, which provides abstracted information from the world's significant engineering and technological literature. Subjects include: civil, energy, environmental, geological, and biological engineering; electrical, electronics, and control engineering; chemical, mining, metals, and fuel engineering; mechanical, automotive, nuclear, and aerospace engineering; computers, robotics, and industrial robots. Compendex provides worldwide coverage of more than 5,500 journals and selected government reports and books. In addition to journal literature, there are more than 13 million records included in the database.

Chemical Abstracts

The Chemical Abstracts database includes over 35 million citations to the worldwide literature of chemistry and its applications from 1907 forward. The database corresponds to the bibliographic information and complete indexing found in the printed version of Chemical Abstracts. In addition to keyword searching, chemical substances can be searched by Registry Numbers, unique numbers which are assigned to each specific chemical compound.

Other Databases

RWS has access to a large number of other commercial databases hosted by STN. Databases commonly used include PQSciTech (an amalgamation of a large number of databases relating to engineering, chemistry and computer science disciplines), PIRA (Paper, Packaging and Printing Abstracts) and Medline/EMBASE (medical devices and clinical trials). The majority of design searches are conducted via databases provided on the national/regional IPO websites.

Searches Conducted in Japan/China/South Korea

RWS conducts searches of English abstracts of Japanese/Chinese/Korean records via PatBase, using classifications and/or keywords. However, for in-depth searches of Asian material (patents, utility models and/or non-patent literature) RWS uses local associates with which it has established a close working relationship.

The searches are coordinated by the search team in London. Basic strategies (see Strategies above) are agreed between our office and our associates prior to the commencement of the search. The same level of classification review takes place as for in-house searches. The reports received from our associates are independently checked and integrated into our own search results (where appropriate).

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Terms and Conditions

Terms and Conditions of Business

 

1. Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

Charges

the charges payable by the Client for the Services as specified in the Contract or, if not specified in the Contract, as set out in the Price List.

Client

the company or other entity which has entered into a Contract with RWS for the provision of Services.

Client Materials

documentation, reference material and other material that the Client provides to RWS in order for RWS to be able to provide, or otherwise in connection with, the Services.

Contract

has the meaning given to it in clause 2.2.

Expenses

the third party costs and expenses as are specified in a Contract, or which are reasonably and necessarily incurred by RWS in connection with the Services (including, without limitation, travel and subsistence expenses, and courier fees).

Order

an order from the Client for the provision of Services, which may be in such form and medium as RWS may from time to time accept.

Price List

the price list agreed by RWS and the Client for the Services or, if no such price list has been agreed, RWS’s then standard price list.

RWS

RWS Information Limited (company number 01032254) whose registered office is at Europa House, Chiltern Park, Chiltern Hill, Chalfont St Peter, Buckinghamshire SL9 9FG.

RWS Search Methodology

RWS’s methodology for patent searches set out at http://www.rws.com/services/patent-searches/methodology, or available from RWS on request.

Services

the provision of:

(i) patent, non-patent and design search services;

(ii) alert, monitoring and current awareness services;

(iii) IP documentation; and/or

(iv) other services,

as specified in a Contract.

2. Quotations and Contracts

2.1 Unless stated otherwise each written quotation issued by RWS remains open for acceptance for 60 days. The Client’s acceptance of a quotation constitutes an Order which is subject to acceptance by RWS in accordance with clause 2.2.

2.2 A contract between RWS and the Client for the provision of Services is only formed on the written acceptance by RWS of an Order (a “ Contract”). Each Contract incorporates these Terms and Conditions, the Client Materials, and any document(s) expressly referred to herein or in the Order. A Contract may only be modified in writing by duly authorised representatives of RWS and the Client. Any standard or pre-printed terms and conditions contained on the Client’s purchase order, invoice or other document shall have no effect and shall not apply to the Contract.

2.3 Each Contract constitutes the entire agreement between the parties with respect to the provision of Services, provided that nothing in this clause shall limit or exclude the liability of either party for fraud or fraudulent misrepresentation.

3. Services

3.1 Subject to the following provisions of this clause 3, RWS undertakes that:

(a) it will exercise reasonable skill, care and diligence in carrying out the Services; and

(b) it will use all reasonable endeavours to meet any date(s) for completion of the Services specified in a Contract, provided that RWS shall not be liable for any delay caused by the Client (including, without limitation, any failure or delay by the Client to provide any Client Materials, or any errors or omissions in the Client Materials).

3.2 Unless another method is specified in a Contract, RWS will send all work to the Client by email at the Client’s sole risk.

3.3 In relation to Services which comprise search services, the Client acknowledges and agrees that RWS will provide such Services in accordance with, and subject to the limitations set out, the RWS Search Methodology.

3.4 The Client shall ensure that all Client Materials:

(a) are of a sufficient quality and integrity to enable RWS to provide the Services;

(b) do not infringe any third party's copyright or other intellectual property rights;

(c) are not defamatory or otherwise libellous; and

(d) do not breach any other law, statute, ordinance or regulation.

The Client agrees to indemnify RWS against any loss, liability, damage, cost and expense (including reasonable legal fees and expenses) incurred by RWS in connection with claims made or brought against RWS by a third party alleging that the Client Materials, or the use thereof by RWS (i) infringe the copyright or other intellectual property rights of any person, or (ii) are defamatory or otherwise libellous.

3.5 All Client Materials provided to the Company by the Client will be held or dealt with by the Company at the Client's risk, and the Client is solely responsible for ensuring that such Client Materials are insured against loss or damage while in RWS’s custody. RWS reserves the right to destroy or otherwise dispose of any Client Materials which have been in RWS’s custody for more than three months following completion of the Services to which they relate.

4. Prices and Payment

4.1 Unless other invoicing terms are specified in a Contract, RWS shall invoice the Client for the Charges and any Expenses (together with VAT at the then applicable rate) on completion of the Services, provided that, where Services take (or are reasonably expected to take) more than 30 days to complete, RWS shall be entitled to issue interim invoices.

4.2 Unless other payment terms are specified in a Contract, the Client shall pay each invoice issued by RWS within 30 days from the date of the invoice. If the Client requests that RWS invoices a third party in respect of any Services and such third party fails to pay the invoice by the due date, RWS is entitled to reissue the invoice to the Client and the Client shall pay such invoice in full on receipt.

4.3 For the avoidance of doubt, the Client is not entitled to delay payment of an invoice issued by RWS as a result of any failure or delay in payment by the Client’s own client or customer, even where the Client has notified RWS that the Services are being provided for the benefit of such client or customer.

4.4 In the event of a bona fide dispute, the Client shall pay the disputed invoice (or, if applicable, the disputed part of the invoice) within 7 days of the dispute being resolved in RWS’s favour.

4.5 If the Client fails to pay an undisputed and overdue invoice within 7 days of receiving a written notice from RWS, then RWS reserves the right:

(a) to suspend or terminate some or all outstanding Contracts; and

(b) to charge interest at the rate of 3% above the base rate for the time being of the Bank of England per annum from the due date up to the actual date of payment on all unpaid invoices.

5. Confidentiality

RWS will keep information and documentation entrusted to it confidential, apart from information which RWS knew prior to its engagement by the Client without any obligation of confidentiality, or information which enters the public domain other than through the fault of RWS, or where RWS is required to disclose such information as a result of a binding order from an authority of competent jurisdiction.

6. Data Protection

6.1 In this clause, the terms “data processor”, “data controller” and “personal data” have the meanings given to them in the Data Protection Act 1998 (the “Act”). A “data subject” is an individual who is the subject of personal data.

6.2 The parties acknowledge that:

(a) the provision of the Services may require processing of personal data on behalf of the Client by RWS; and

(b) for the purposes of the Act the Customer is a data controller and RWS is a data processor.

6.3 RWS undertakes that in relation to any personal data that it processes on behalf of the Client it shall process such personal data only in accordance with the Contract or otherwise on the instructions of the Client.

6.4 The Client undertakes that it shall obtain all necessary consents from data subjects and provide all information to data subjects that is required to be provided under the Act for the processing of data in relation to the Services.

7. Non-solicitation

The Client agrees that it will not, at any time prior to the date falling twelve (12) months after the date of completion of the Services, solicit, directly or indirectly, the services of any employee or former employee of RWS or of any subcontractor of RWS who has at any time been involved with the provision of Services.

8. Cancellation and postponement

8.1 If the Client notifies RWS that it wishes, for any reason, to postpone or cancel any Services, RWS may (at its discretion) agree to such postponement or cancellation, subject always to the Client paying all Charges which have accrued and all Expenses that have been incurred up to the date of cancellation or postponement (as applicable).

8.2 RWS shall be entitled to terminate a Contract with immediate effect and without liability if it reasonably believes that the Client is or may be in breach of clause 3.4.

9. Liability

9.1 RWS shall not be liable, whether in negligence, for breach of contract, misrepresentation or otherwise, for any indirect or consequential loss, damage, expense or cost of any kind suffered or incurred by the Client.

9.2 Subject to clause 9.1, the maximum aggregate liability of RWS under or in connection with a Contract, whether in negligence, for breach of contract, misrepresentation or otherwise, is limited, in respect of each event or series of connected events, to an amount equal to the higher of (i) 200% of the Charges payable under the Contract and (ii) £50,000.

9.3 The exclusions and limitation in clauses 9.1 and 9.2 shall apply to the fullest extent permissible at law, but RWS does not exclude liability for death or personal injury caused by the negligence of RWS, its officers, employees, subcontractors or agents, for fraud or fraudulent misrepresentation, breach of the obligations implied by section 12 Sale of Goods Act 1978 or section 2 Supply of Goods and Services Act 1982, or any other liability which may not be excluded by law.

10. Dispute resolution

RWS and Client agree that any disagreements about the quality of the Services shall be referred to an arbitrator to be agreed and appointed by the parties or, if the parties fail to agree, by an arbitrator appointed by the President of the Chartered Institute of Arbitrators.

11. Force Majeure

In the event of Force Majeure (which shall include strike, fire, industrial dispute, civil commotion, natural disaster, acts of war and any other situation which can be shown to have materially affected RWS's ability to undertake and complete the Services as agreed), RWS shall notify the Client as soon as it becomes aware of such event, indicating the circumstances. An event of Force Majeure shall entitle either RWS or the Client to terminate the Contract with immediate effect, subject to the Client paying RWS for all Services completed and Expenses incurred up to the date of termination. RWS shall not be liable for the consequences of non-performance or any delay in completion or delivery of Services as a result of Force Majeure.

12. Assignment and subcontracting

12.1 Neither party shall assign its rights or obligations under a Contract without the prior written consent of the other party.

12.2 RWS is entitled to subcontract some or all of the Services, provided that RWS shall remain solely responsible for the acts and omissions of its subcontractors.

13. Waiver

The waiver by either party of a breach or default of any of the provisions of a Contract by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.

14. Jurisdiction

Each Contract is governed by English law and RWS and the Client irrevocably submit to the non-exclusive jurisdiction of the English Courts, provided that nothing in this clause shall prevent RWS from taking legal action against the Client in any jurisdiction in which the Client carries on business.

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