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4
cordance with these Conditions Joule shall
be entitled to repair or replace the Goods (or
the part in question) free of charge or at the
Company’s sole discretion refund to the Buyer
the Price (or a proportionate part of the Price)
but Joule shall have no further liability to the
Buyer.
7. Joule shall not be liable to the Buyer by
reason of any representation (unless fraudu-
lent) or any implied warranty condition or
other term or any duty at common law (in-
cluding but without limitation the negligence
of Joule its employees agents or otherwise)
or under the express terms of the Contract
for any loss of production loss of profits or
anticipated profits loss of contracts opera-
tion time or anticipated savings loss of busi-
ness or of expected further business loss of
or corruption to data damage to the Buyer’s
reputation or goodwill damages costs or
expenses payable by the Buyer to any third
party or any other indirect special or conse-
quential loss or damage or claim (whether
caused by the negligence of Joule its em-
ployees agents or otherwise) which arise
out of or in connection with the supply of the
Goods or their use or resale by the Buyer.
8. Without prejudice to the provisions of
clauses 3, 4, 5, 6 and 7 the entire liability of
the Buyer under or in connection with the
Contract shall not exceed the Price of the
Goods.
9. Joule 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 Company’s ob-
ligations in relation to the Goods if the delay
or failure was due to any cause beyond the
Company’s reasonable control. Without lim-
iting the foregoing, due to causes beyond
the Company’s reasonable control.
10. For comprehensive details regarding “War-
ranties and Liability” please refer to the
“CONDITIONS OF SALES” section 7.
