Exclusion of Liability
- The above guarantee is given by the Company and accepted by the Buyer in substitution for any rights which the Buyer might otherwise have:
- (a) Reason of any express or implied representation condition,Warranty or otherwise as to:
- (b) The description, merchantability, quality, fitness or performance of the goods;
- (c) The standard of the Company's workmanship and the description, merchantability, fitness or performance of any materials supplied in connection therewith all such representations, conditions and warranties express or implied being hereby expressly excluded;
- (d) In negligence or otherwise in tort arising out of or in connection with the supply of any goods or materials to or to the order of the Buyer or the execution of any work for the Buyer and all such liability whatsoever however arising is hereby expressly excluded provided that nothing in this Condition shall excuse the Company from any liability which it may incur from death or personal injury resulting from the negligence of its servants or agents.
- Except for any such liability in respect of death or personal injury the Company shall not be liable in any manner whatsoever whether in contract tort misrepresentation or otherwise beyond the terms of the above guarantee and in particular shall not be liable for any indirect or consequential loss damage or injury howsoever or by whomsoever caused which may arise out of or in connection with the supply of goods or materials to or to the order of the Customer or the execution of work for the Customer.
- If any of these terms and conditions or any part of any of them is rendered void by any legislation to which it is subject it shall be void to that extent and no further. It any one of these terms and conditions or any part of any one of them is rendered unenforceable by legislation to which it is subject it shall be unenforceable to the extent that it is shown by the Buyer that it would not be fair or reasonable to allow reliance on it and no further
The Buyer shall indemnity and hold the Company harmless against any claims which may be made against the Company by any third party (which expression shall include the servants and agents of the Buyer) and which relates in any way whatsoever to the goods.
A shortage or surplus, charged prorate, not exceeding 10 percent will be considered due execution of any order.
In the event of any delay or interruption of works at the Company's works or of any strike, lockout, trade dispute, fire, explosion, flood, accident to or breakdown of any plant or machinery, stoppage of any material, labour or transport or any other cause whatsoever beyond the Company's control adversely affecting or delaying the Company's performance of any of its obligations under the contract, the Company shall be entitled without liability to suspend delivery wholly or in part or to extend the time for delivery or, if performance of the contract becomes impossible or commercially unreasonable, to repudiate the contract.
If the Buyer shall make default in or commit any breach of any of his obligations to the Company or ff any distress or execution shall be levied upon the Buyer his property or assets or if he shall make or offer to make any arrangement or composition with creditors or commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against him or if the Buyer shall be a limited company and any resolution or petition to wind up such company's business shall be passed or presented otherwise than for reconstruction or amalgamation or if a receiver of such company's undertaking property or assets or any part thereof shall be appointed the Company shall have the right forthwith to determine any order than subsisting and upon written notice of such determination being posted to the Buyer's last known address any subsisting order shall be deemed to have been determined without prejudice to any claim or right the Company might otherwise make or exercise.
The headings to these terms and conditions are intended for convenience only and shall in no way affect their construction.
These Terms and Conditions shall be governed by and construed in accordance with English Law, and by entering into a contract with the Seller the Buyer agrees irrevocably to submit any disputes arising out of this Agreement to the exclusive jurisdiction of the English Courts.