Terms and Conditions for online sales
Welcome to Opars (the Site), a service provided by Opars Ltd.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF SERVICE.
These Terms of Service may be changed in the future without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. Further, these Terms of Service apply exclusively to your access to, and use of, the Site and are in addition to the terms or conditions of any other agreement you may have with Opars for products, services or otherwise.
All prices on Opars are for online purchases only.
We will make reasonable efforts to present accurate information but we cannot guarantee the price or our ability to supply any particular book.
Occasionally publishers may increase their prices unexpectedly, and this is often something we become aware of only upon ordering stock from them. In the event that this occurs, or in the event of a pricing error, we will check with you to see if you still wish to receive the item at the new price.
Prices are subject to alteration, but we will attempt to notify customers of any changes prior to processing orders.
We accommodate orders of any size, large or small; There are no minimum order requirements. No additional service charge is added to your invoice.
How to place orders
Please complete and submit our online “Quotation Request Form“.
If that is not possible, you may send us your enquiries in any other way which is convenient for you such as email, fax or post.
To avoid delay in processing your orders, please include the following information:
- Title, Order Code, and quantity of each item.
- Bill-To address, contact person, numbers and e-mail.
- Ship-To address, contact person, numbers and e-mail (if different).
- Special shipping instruction, if needed.
- Whether or not you prefer to backorder.
Payment arrangements are based on Prepayment, Deposit Account or Credit Account with us. Different payment arrangements can be done depending on the customer and the volume of orders. In normal cases, prepayment is required. As soon as we receive your order, we send you a pro-forma invoice, which serves as official notice that pre-payment is required and lists availabilities and exact prices in effect at the time you order. In the case of Deposit Account arrangement, for a faster process in order delivery, you can set up a deposit account and charge your order to it with sufficient money on deposit to cover the cost of the material being ordered. When you purchase, we deduct the amount from your account and send you a report showing the deducted and remaining amounts. In the case of Deposit Account and Credit Account arrangements, before shipping any order, a pro-forma invoice is issued and sent to the customer for final confirmation of the order details.
Ways to Pay
We accept payments through the following methods:
- Bank transfer – Our UK account details will be notified in the pro-forma invoice.
- Credit/Debit Card – We accept payment by Visa and MasterCard.
Shipping & Delivery
Every effort is made to ensure that tangible goods are delivered on time and the time indications provided are subject to the goods being in stock at the time of order and may vary at certain times of the year. Opars cannot be held responsible for any parcel not arriving within any guaranteed time due to circumstances beyond our control. Delivery time for international orders will vary according to country but will be approximately 7-15 working days.
All orders (firm, standing) are consolidated and shipped via Registered Mail to any part of the world. Our default international shipping method is Registered Air-Mail. Other shipping methods are negotiable. Under normal circumstances, all firm orders are shipped two days after receipt of the payment. We include despatch data for consolidated shipments in the form of printed packing lists.
Out of Stock
Customers who have placed orders for items temporarily out of stock will be informed within 14 days. These orders will be recorded and supplied when available.
Very occasionally we may sell out of popular items. If this happens, we will amend your order and you will only be charged for the items you receive. Your despatch note/invoice email will confirm all books delivered.
All tangible (firm, standing) orders are consolidated and packaged very carefully and shipped registered. We can not be responsible for the replacement or repair of the books if you do not notify the shipping company. Returns of items only shipped in error are handled within 20 days of receipt of the shipment. Before returning any item, you must notify us to receive a confirmation Return Code and an address to return the item. Items to be returned, should not be marked, accessioned, or stamped in any way.
Claims for lost orders should reference the invoice number. We are not liable for lost orders shipped by non-registered posts or once your freight forwarder has signed for the order.
Any information regarding availability is subject to the main publisher’s stock levels. Please note that the site does not have a ‘live’ link into our main database therefore availability displayed for each title is subject to change.
The prices payable for goods are as set out on the website, inclusive of VAT where applicable (books are currently zero-rated). Customers ordering for delivery outside of the UK will be responsible for payment of any local taxes payable including VAT and will be required to pay extra for delivery and clearance where necessary.
If you are ordering goods for delivery outside of the EU, please note that your consignment may be subject to import duties and taxes, which are levied once the goods reach the country/region of the destination. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that Opars has no control over additional charges in relation to customs clearance. Opars recommend that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your online order.
- As New: The book is in the same immaculate condition as when it was published. This could be the description for a book that has been lost in a warehouse for years, never shelved, thumbed or even opened yet may still be some years old.
- Fine (F or FN): A Fine book approaches the condition of As New, but without being crisp. The book may have been opened and read, but there are no defects to the book, jacket or pages.
- Very Good (VG): Describes a book that shows some small signs of wear – but no tears – on either binding or paper. Any defects should be noted by the seller.
- Good (G): Describes the average used worn book that has all pages or leaves present. Any defects should be noted by the seller.
- Fair: Worn book that has complete text pages (including those with maps or plates) but may lack endpapers, half-title, etc. (which must be noted). Binding, jacket (if any), etc., may also be worn. All defects should be noted.
- Poor: Describes a book that is sufficiently worn. Any missing maps or plates should still be noted. This copy may be soiled, scuffed, stained or spotted and may have loose joints, hinges, pages, etc.
- Binding Copy: describes a book in which the pages or leaves are perfect but the binding is very bad, loose, off, or nonexistent.
- Reading Copy: A copy usually in poor to fair condition that includes all text presented in a legible fashion. The copy is fine to read but nothing more.
- Bowed: A condition of the covers or boards of a hardcover book. Bowed covers may turn inward toward the leaves or outward away from the leaves. The condition generally results from a rapid change in the level of moisture in the air and is caused by different rates of expansion or contraction of the paste-down and the outer material covering the board.
- Chipped: Used to describe where small pieces are missing from the edges of the boards or where fraying has occurred on a dust jacket or the edge of a paperback.
- Dampstained: A light stain on the cover or on the leaves of a book caused by moisture such as a piece of food or perspiration. Generally not as severe as water stains.
- Darkening or Fading: When book covers are exposed to light, the colour darkens or becomes more intense. See also tape shadow.
- Edge-worn: Wear along the edges of hardback book covers.
- Ex-library: the book was once owned by, and circulated in, a public library. This book could well be in any of the above general categories but more often than not has been well used. May have library stickers, stamps, or markings. Any former library book must be marked ex-library.
- Foxed / Foxing: Brown spotting of the paper caused by a chemical reaction, generally found in 19th-century books, particularly in steel engravings of the period.
- Loose: The binding of a new book is very tight; that is, the book will not open easily and generally does not want to remain open to any given page. As the book is used, the binding becomes looser until a well-used book may lay flat and remain open to any page in the book.
- Made-up Copy: A copy of a book whose parts have been assembled from one or more defective copies.
- Price Clipped: The price has been clipped from the corner of the dust jacket.
- Re-backed: A book that has been repaired by replacing the spine and mending the hinges.
- Re-cased: A book that has been glued back into its covers after having been shaken loose.
- Re-jointed: This means the book has been repaired preserving the original covers, including the spine.
- Shaken: An adjective describing a book whose pages are beginning to come loose from the binding.
- Shelf Wear: The wear that occurs as a book is placed onto and removed from a shelf. It may be to the tail (bottom) edge of the covers as they rub against the shelf, to the dust jacket or exterior of the covers (when no dust jacket is present) as the book rubs against its neighbours, or to the head of the spine which some use to pull the book from the shelf.
- Sunned: Faded from exposure to light or direct sunlight.
- Tight: The binding of a new book is very tight; that is, the book will not open easily and generally does not want to remain open to any given page. As the book is used, the binding becomes looser until a well-used book may lay flat and remain open to any page in the book.
- Trimmed: An adjective indicating that the pages have been cut down to a size smaller than when originally issued.
- Unopened: The leaves of the book are still joined at the folds, not slit apart.
- Working copy: Even more damaged than a reading copy, the working copy will have multiple defects and may even need repair.
- Worming, Wormholes: Small holes resulting from bookworms (the larvae of various beetles.)
After purchasing any downloadable e-product from Opars Ltd, it is your responsibility to download the e-products within 24 hours of purchase. If you believe an error has been made in the purchase, please do not download the e-product and contact us explaining the error immediately. Once you download the e-product, then it is impossible for us to refund you for it. YOU EXPRESSLY AGREE that Opars Ltd has the right to put a temporary hold on any account while it validates credit card purchases and/or reviews such transactions for potential fraud. While an account is on hold, downloading e-products is not allowed. Once the purchase is validated, the hold will be removed and downloading will be possible. Or, if the transaction is fraudulent, then the account will be frozen and other actions will be taken. Important Notice: Once an e-product is downloaded, it cannot be refunded or exchanged for another e-product or for a different format of the same e-product.
Digital contents are accessible in any of the following methods:
- Manual Login: in this method, you should log in using your username and password determined when signing up for the service.
- IP-Based Authentication: In this method, any user visiting our website originating from an IP address within the IP range specified by the customer would get access to the articles through an automatic authentication system.
Regarding the number of simultaneous users that can be online and get access to e-journals, we can make it virtually unlimited; however, we begin from 3 concurrent users and increase it on your request and based on fair usage.
Most of the Iranian scholarly prestigious and highly cited journals are available electronically. If you seek a specific journal that is not already available in our database, we can make it accessible for you in most cases and in the earliest possible.
By subscribing at our digital rate you will get electronic access only to the issues within your current and all previously paid orders. For example, for orders placed for 2018 issues, access will be available to the content in 2018. When renewed for 2019, access will be available to 2018 and 2019. In other words, for your subscription fee, you would be buying the data for the journal for the year in question and will have permanent access to that material. You would not have to pay another fee to access it as back issues, once the year is done. You would, of course, have to pay a subscription price for a new year’s subscription.
Orders can be placed at any time during the year for any designated subscription year.
All prices are subject to change without notice. However, once an order is placed, We will not raise its price for the duration of the subscription year.
Digital contents are not always exact matches of their print counterparts. If the page image was scanned into the database, the match may be exact. Many electronic journals exclude non-article items, such as letters to the editor or advertisements.
You can download and print articles with no limitations, however, please note that reproducing articles whether in digital or print format for distribution and sales purposes are strictly prohibited.
Articles are available in PDF (using Adobe Acrobat or other freely available plug-ins). Formatting, images, fonts and layout are reproduced accurately, providing a high-quality replica of the printed page that can be viewed on-screen or downloaded at your convenience.
We automatically take action to renew every subscription that has not been cancelled on schedule by sending you a request for every single journal 4 months before the subscription is due to expire. If you wish to cancel an existing subscription you need to give written notice at least 3 months before the expiry date of the subscription.
Back issues and back volumes are available for most titles at the current subscription rates. Please contact us for availability.
All orders are fully cancelable as long as the cancel request is received within 48 hours of the time the order is placed. After that, in most cases cancellations will not be accepted.
Digital CollectionsOpars offers flexible acquisition options for digital products to suit your collection strategy and budget. We can provide holdings comparisons and recommendations based on the person or institution’s requirements for e-products (including digitised books, journals, articles, conference proceedings and maps). Customers can build customised collections by selecting e-products from our full title list or by using criteria such as publisher and discipline.
All digital products provide perpetual access with platform recurring fees for collections. Savings are available on every item since the digital products are integrated with our platform.Opars offers a range of collections, products and payment options as described below. Customers’ access shall be subject to payment of applicable fees (payable in British Pounds exclusive of any applicable VAT) and our Service Terms and Conditions as may be updated by Opars.
The fees for Digital Archival Collections (DACs) are comprised of: (1) a Collection Capital Fee (“CCF”, a one-time fee per Collection) and (2) an Annual Platform Fee (“APF”, a periodic payment covering access to the current collection plus attainable additions).
Should any institution terminate access to an Opars collection, the institution may resume access to that collection and all content subsequently added to that collection at any time through payment of outstanding APFs. The APF is subject to reasonable annual increases upon renewal of the Agreement.
Institutional and personal customers may purchase access to e-products on Opars on a title-by-title basis. Access to selected individual e-products at Opars may also be subject to an annual platform fee unless such fee is waived by Opars under conditions it may set and update from time to time. Complete payment of fees for a selected title shall be required before the customer receives access to that title.
Institutions can add access for alumni through a secure portal or via an authenticated website by paying an additional 10% of the total fees (or other percentage set by Opars to better reflect the usage by its alumni relative to its other Authorised Users or otherwise upon reasonable notice).
Except as stated herein, none of the material on the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Opars Ltd or the respective copyright owner. Permission is granted to display and use the materials on the Site for personal, noncommercial and informational use only, provided that you may not, without the permission of Opars Ltd or the respective copyright owner, (a) copy, publish, duplicate, or distribute any materials, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.
Opars Ltd allows you to make personal use only of the Site. Such use does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) making derivative uses of the Site or its contents; or (c) use of any data mining, robots or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Opars Ltd or any third party.
You may not use framing techniques to enclose any Opars Ltd logo or other proprietary information (including the images found at the Site, the content of the Site, or the layout/design of any page or form contained on a page) without Opars Ltd‘s express written consent. Further, you may not use any meta tags or any other hidden text utilizing a Opars Ltd name or product name without Opars Ltd‘s express written consent.
You may create a hyperlink to the Site provided such link and the content associated with the link do not portray Opars Ltd or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Opars Ltd logo or other proprietary graphic of Opars Ltd to link to the Site without the express written permission of Opars Ltd. This permission may be revoked at any time. Opars Ltd makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from the Site, or sites linking to the Site. These linked sites are not under the control of Opars Ltd and Opars Ltd is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Opars Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Opars Ltd of the site or any information contained therein.
When leaving the Opars Ltd site, you should be aware that Opars Ltd‘s terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
Use of the Site
In using the Site, you agree: Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.
In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Site.
Opars reserve the right to refuse service, terminate accounts, and/or cancel transactions in its discretion if Opars‘s believes that customer conduct is in violation or breach of any applicable law or Opars‘s terms and conditions, or is harmful to the interests of Opars’s. This does not affect your statutory rights as a consumer. Contracts are established at the time of dispatch.
Furthermore, Opars is not responsible for the delivery or quality of any goods or services sold or advertised by third parties through or on the Site.
Intellectual Property Complaint Procedure
If you believe that an item of content infringes your intellectual property in a material way, please notify Opars and provide the following information for each allegedly infringing item of content:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- For copyright complaints, an identification of the copyrighted work claimed to have been infringed.
- For trademark complaints, proof of registration of the underlying mark, including registration number.
- For patent or other proprietary right complaints, a list of allegedly infringed materials.
- An identification of the specific item of content that you claim is infringing so that we may locate it on the site.
- Your address, telephone number and email address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other proprietary right owner, its agent, or the law.
- A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In cases where Opars owns the relevant item of content, Opars will reply to complaints. In cases where Opars has received the item of content from a third party content provider, Opars will pass complaints along to that third party content provider for evaluation and response.
You agree to indemnify and hold harmless Opars Ltd from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your use of the Site or the services offered thereon, your violation of these Terms of Service, or your violation of any rights of a third party.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or other submission to Opars are nonconfidential and shall become the sole property of Opars Ltd. Opars shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Opars irrevocably waives any and all moral rights in such materials, including the rights of paternity and integrity.
Credit Card Security
We know of no documented cases of credit card fraud using our shopping system over the Internet. All credit card numbers are encrypted in the software when the order is placed using industry standard SSL encryption in conjunction with Actinic shopping cart software. They are only decrypted after they reach our computer. They are not held in clear text on any web site. This system is approved by the UK high street banks.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ITS AFFILIATES, AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY OR ITS SUPPLIERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE. AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. AND ITS SUPPLIERS DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR INFORMATION PROVIDED BY VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DO OR ITS SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE. AND ITS SUPPLIERS ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF , ITS AFFILIATES, ITS LICENSORS OR A USER’s OWN ERRORS AND/OR OMISSIONS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Limitation on Liability UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE OR ANY CONTENT PROVIDED BY OR THROUGH THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Notwithstanding any of these Terms of Service, Opars reserves the right, without notice and in its sole discretion, to terminate your permission to use the Site, for any or no reason, and to block or prevent future access to and use of the Site. Opars may, in its sole discretion, discontinue or alter any or all aspects of the Site or the services offered thereon at any time without notice.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.