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FORCE MAJEURE
The Company 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 its obligations under the Contract, if the delay or failure was due to any cause beyond the Company’s reasonable control, including but not restricted to the following:
Act of God, explosion, flood, tempest, fire or accident;
war or threat of war, sabotage, insurrection, civil disturbance or requisition;
acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind enacted by any parliamentary or local government;
import or export regulations or embargoes
strikes, lock-outs or other industrial actions or trade disputes whether involving employees of the Company or of a third party;
power failure or breakdown in machinery;
difficulties in obtaining or shortages or failures of any supplies whatsoever including shortages or failures caused by the Company’s own suppliers.
These same rights shall apply equally and in all respects to the Buyer.
LIMITATION OF LIABILITY
The Company’s liability in contract, tort, (including negligence or breach of statutory duty) or otherwise in connection with the Contract (except in relation to death or personal injury caused by the negligence of the Company or its employees whilst acting in the course of
their employment) shall be limited to the value of the Goods and/ or Services upon which such liability is based.
Save as above the Company shall not be liable in any circumstances for
i) any loss of use, production or profit, (direct or indirect);
ii) any loss of business, contracts, revenues or anticipated savings;
iii) any increase in operating costs or any other financial or economic loss;
iv) any indirect or consequential loss or damage whatsoever
v) personal injury which is not caused by negligence
whether sustained by the Buyer or by any third party and whether
in contract, tort, (including negligence or breach of statutory duty as permitted under law), or otherwise in connection with the Contract.
If the Company undertakes to perform Services to the Buyer’s own design and/or specification and/or instruction, it shall have no liability for any loss whatsoever arising in whole or in part from the unsuitability or inadequacy of any such design, specification or instructions nor shall the Company’s right to payment be in any way diminished in such circumstances.
Nothing herein shall have the effect of excluding or restricting the liability of the Company for:
i) death or personal injury resulting from its negligence;
ii) fraud and/or fraudulent misrepresentation and
iii) the Consumer Protection Act 1987
in so far as all the foregoing is prohibited by United Kingdom Statute.
GENERAL
The Buyer may only assign the benefit of the Contract with the prior written consent of the Company, such consent not to be unreasonably withheld.
No party not itself a party to the Contract shall have any rights whatsoever under the Contract nor any right of enforcement thereof. Any notice required or permitted to be given by either Party to the other shall be in writing, addressed to the other Party at its principal place of business or any other address previously provided as being that to which correspondence should be sent. Such notice should
be delivered by hand or sent by first class post and shall be deemed to have been received by the Party to whom it is sent 48 hours after the date of posting.
In the event that the Goods supplied are of US origin and are intended for re-export outside the EU, then the Purchaser shall provide details to the Company as to the destination and purchaser of such Goods. Similarly, if the Company reasonably believes that the Goods are intended for export outside of the EU then, if requested by the Company, the Purchaser shall provide the same information in relation to destination and purchaser. The Purchaser shall demonstrate to
the Company that all necessary export licences have been obtained (which for the avoidance of doubt shall include compliance with US export requirements). The Company reserves the right not to supply the Goods in the event of failure to provide any of the information referred to in this Clause 13 d) when so required.
No waiver by the Company of any breach of the Contract by the Buyer shall be considered as a waiver of this breach in the future or a waiver of any other breach whatsoever. .
Any reference in these Conditions to a provision of a Statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
If any court or competent authority finds that any provision or part of any provision of these Terms is invalid, illegal or unenforceable then that provision or part of a provision shall, to the extent required, be deemed to be deleted and the validity and enforceability of the other provisions of these Terms shall not be affected.
If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some or any part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
This Contract shall be governed by English law and subject to the exclusive jurisdiction of the English Courts
The headings in these Conditions are for convenience only and shall not affect the interpretation of the Contract.
A credit check may be carried out by the Company and such a search will show in the records of individuals.
The Company supplies information to a third party Credit Information Agency.
November 2011
DISCLAMER
The content of this catalogue is provided for information purposes only. Product photographs, images and descriptions are indicative only and the Brammer group of companies (“Brammer”) makes
no representations or warranties, express or implied, about the accuracy, reliability and/or completeness of any of the information contained in this catalogue. Brammer reserves the right to revise or amend the information contained in this catalogue, including,
but not limited to, product pricing, descriptions and images, at any time without notice. For the avoidance of doubt, products referred to in this catalogue are subject to availability and individual product prices are subject to confirmation and adjustment by Brammer at the time an order is placed.
Brammer obligations and responsibilities regarding products referred to in this catalogue are governed solely by the agreements under which they are sold and the information contained in this catalogue
does not form part of such agreements or have any contractual force.
Nothing in this catalogue shall be deemed to create or imply any representations or warranties, express or implied, by Brammer regarding the quality, merchantability or fitness for a particular purpose of the products referred to in this catalogue.
To the maximum extent permitted by law, Brammer makes no warranty, express or implied, and
assumes no liability in connection with the use of the information contained in this catalogue. Brammer shall not be liable for any direct, indirect, incidental or consequential damages whatsoever arising out or in connection with the use of this catalogue.
Nothing in this catalogue shall any grant any license or right to use the trademarks, service marks, logos, text, images, graphics and other intellectual property displayed in this catalogue. Such materials may
not be modified or copied for commercial use or distribution.
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