Terms & Conditions

11.1 In cases of claims for defective material or workmanship the Seller’s liability is limited to the replacement or repair of such material. The right to replacement or repair of such parts or goods determined to be defective shall constitute the sole and exclusive remedy of the Buyer hereunder. At the absolute discretion of the Seller, the Seller may elect to repay to the buyer the price of such material paid by the Buyer to the Seller in lieu of any obligation to replace or repair.
11.2 Nothing in these Conditions, shall limit or exclude the liability of either party for:
11.2.1 Death or personal injury resulting from such party’s negligence;
11.2.2 Fraudulent misrepresentation;
11.2.3 Breach of terms applied by S.12 Sale of Goods Act 1979;
11.2.4 (in relation to consumers) defective products arising under the Consumer Protection Act 1987.
11.3 Each party acknowledge and agree that the allocation of risk and liability contained in their Conditions is reasonable in all circumstances having regard to the price of the Goods, the nature of these Conditions and of the Goods and the ability of the Buyer to rely on its own acts, omissions, behaviour, insurance arrangements and other resources to minimise, bear or recover any loss and/or damage incurred.
11.4 Save as provided in clause 10.2 the Seller’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise shall not in relation to any Contract exceed the price paid by the Buyer in relation to such Contract.
11.5 The Seller shall not, in any event be liable for loss of profits; loss of contracts; loss of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss, damage to or corruption of data; or any indirect or consequential loss, and such liability is excluded whether it is foreseeable, know, foreseen or otherwise. For the avoidance of doubt, the exclusions set out in this clause apply, whether such losses are direct, indirect, consequential or otherwise.
11.6 The Seller shall not have any liability to the Buyer in relation to the Goods where such liability relates in any way (and whether directly or indirectly) to a failure by the Buyer or any third party to strictly comply with the User Handbook and comply with all Legal Requirements.
11.7 The Seller shall not be liable to the buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Sellers obligations in relation to the Goods if the delay or failure was due to any cause beyond the Sellers reasonable control. Without limiting the foregoing the following shall be regarded as causes beyond the Sellers reasonable control;
11.7.1 Act of God, explosion, flood, tempest, fire or accident;
11.7.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition;
11.7.3 Acts, restrictions, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
11.7.4 Import or export regulations or embargoes;
11.7.5 Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Seller or of third party);
11.7.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
11.8 Power failure or breakdown in machinery.
11.9 The Seller shall not be liable to the buyer in respect of any defect where the Buyer provides specifications for the Goods and the Goods are supplied in accordance with these specifications.
11.10 Where the identification of the manufacturer is known to the Buyer (and this is not the Seller) it is the sole responsibility of the Buyer to audit and enquire as to the suitability of the manufacturer to its own satisfaction, including the quality control checks employed by the manufacturer, such that the Buyer will rely upon the manufacturer (and not the Seller) to establish the likely rate of failure of Goods or materials sold in bulk numbers to conform with the Buyers precise specifications for these goods or materials.
11.11 The Seller shall not be liable to the Buyer in any instance of defect where the goods are utilised alongside or incorporated in any additional product and it is the duty of the Buyer to inspect the goods or materials before use.