Rayware Ltd - Terms and Conditions

11.2.2 the Company is given a reasonable opportunity of examining such Goods and are provided to the Company’s satisfaction not to comply with Clause 11.1; and

11.2.3 the Customer (if asked to do so by the Company) returns such Goods to the Company's place of business at the Company's cost,

the Company shall either (at its sole option) replace such defective Goods or allow the Customer credit in respect of such Goods.

11.3

The Company shall not be liable for the Goods' failure to comply with the warranty set out in Clause 11.1 if:

11.3.1 defects which would have been reasonably apparent to the Purchaser on reasonable examination of the Goods on collection or delivery and which have not been notified to the Company in accordance with Clause 8.1 here of;

11.3.2 defects or failures (not being defects to which Clause 11.3.1 applies) which are not reported to the Company within 30 days of the occurrence of failure or the defect becoming apparent;

11.3.3 any failure or damage due to Goods being operated in excess of their rated capacity or contrary to instructions issued by the Company (either oral or written) in respect of the storage, commissioning, installation, use and maintenance of the Goods or good trade practice of the same or under conditions likely to cause excessive wear or tear;

11.3.4 defects that arise as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;

11.3.5 Goods that have been modified or re-worked by the Customer or any third party, including any alterations or repairs to the Goods without the written consent of the Company;

11.3.6 Goods which have continued to be used by the Customer (or any sub-buyer from the Customer) after the failure or defects of the Goods first became apparent;

11.3.7 the Goods differ from their description or the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements; or

11.3.8 subject to Clause 12, any direct, indirect or other losses, injury or damage howsoever arising including without limitation, loss of business, contracts or profits or any money paid by the Customer to other parties (other than death or personal injury) arising through any such failure or defect.

11.4 Except as provided in Clauses 8 and Error! Reference source not found. , the Company shall have no liability to the Customer in respect of the Goods' failure to meet the acceptance of the Customer or comply with the warranty set out in Clause 11.1.

11.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

11.6

These Conditions shall apply to any replacement Goods supplied by the Company.

12

Liability

12.1 References to liability in this Clause 12 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

12.2 Subject to Clause 12.4, the obligations of the Company under Clauses 8 and Error! Reference source not found. are undertaken by the Company and shall be accepted by the Customer in lieu of and to the exclusion of all conditions and warranties express or implied statutory (save for the implied condition as to the Company's title to the Goods) or otherwise.

12.3 Subject to Clause 12.4, the total liability of the Company to the Customer shall not in any event exceed the amount invoiced by the Company to the Customer for the Goods.

12.4 Nothing in the Contract limits or excludes any liability which cannot be legally limited or excluded, including the Company's liability for:

12.4.1

death or personal injury resulting from the negligence of the Company its servants or agents;

12.4.2

fraud or fraudulent misrepresentation;

12.4.3

breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

12.4.4

defective products under the Consumer Protection Act 1987.

12.5

Subject to Clause 12.4, the Company excludes its liability for the following types of losses:

12.5.1

loss of profits;

12.5.2

wasted expenditure;

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