Warranty & Liability
WARRANTY
The Company warrants that the Goods shall be of satisfactory quality for a period of 12 months from date of delivery. It is the Customer's responsibility to ensure that the Goods meet any particular performance requirements or specifications pursuant to any other contract in relation to which the Customer requires the Goods.
Figures for the performance of the Goods are based on the Company's experience and are such as the Company expects to obtain on testing the Goods, subject to a reasonable margin of error and on the condition that any figures and information given to the Company by or on behalf of the Customer are accurate.
If the Goods fail to achieve the figures for performance agreed by the Company the Company shall be entitled to reasonable time and opportunity to remedy the default. If the Company fails to remedy the default, the Customer may return such part of the Goods which fails to achieve the figures for performance and the Company shall repay so much of the price as is fairly attributable to the part of the Goods concerned.
LIABILITY
Otherwise than as expressly stated in the Contract, the Company shall have no liability to the Customer for loss, damage, delay or expense of any kind, including (without limitation) any indirect loss, consequential loss, loss of profit or any costs or losses incurred by the Customer pursuant to any other contract in relation to which the Customer requires the Goods.
The Company shall not in any event be liable for loss, damage, delay or expense of any kind if the Goods are altered by the Customer without the Company's written approval or where any damage is caused to the Goods as a consequence of wear and tear, carelessness in using or handling the Goods (unless the Customer is supervised by the Company's staff at the time) or defective buildings.
Subject to clause 10.4, the Company's total liability in relation to the Contract, whether in contract, tort, breach of statutory duty or otherwise, shall be limited to the price of the Goods.
Nothing in these Terms & Conditions shall exclude or limit the liability of the Company for death or personal injury caused by the Company's negligence or for any other matter in respect of which the law provides that liability may not be excluded or limited.