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1.3.5 the defect arises due to a cause beyond the Company’s reasonable control, such as: act of God, explosion,
flood, tempest, fire or accident, including without limitation lightning; war or threat of war, national emergency,
sabotage, terrorism, insurrection, protest, riot, epidemic, civil disturbance or requisition; Acts, restrictions,
regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary
or local authority; 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); restraints or delays
affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials; or power failure
or breakdown in machinery.
1.3.6 where the Company has notified the Customer directly of in service modification(s) deemed necessary to
further protect the Goods from damage have not been followed.
1.3.7 where a claim has been made where the Goods ownership is in dispute.
1.3.8 where the parts where not purchased from an authorized outlet.
1.3.9 where the goods where purchased via the internet from the United States but were not shipped to an address
or fitted in the United States.
1.4
Subject to Conditions 1.2 and Condition 1.3, if any of the Goods do not conform with the warranty in Condition
1.1 the Company shall at its option repair or replace such Goods (or the defective part) without charge for labor
or parts or refund the price of such Goods at the original purchase price. The Company shall pay for the return
transportation to the Buyer of such repaired or replaced Goods.
1.5
Any Goods replaced shall belong to the Company and any such repaired or replacement Goods shall be
guaranteed on these terms for the unexpired portion of the warranty period of the warranty in Condition 1.1.
2: LIMITATION OF LIABILITY
2.
These Conditions set out the entire financial liability of the Company (including any liability for the acts or
omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
2.1.1. Any breach of these Conditions;
2.1.2 any defect in the Goods;
2.1.3 any use made or resale by the Buyer of any Goods, or of any product incorporating any of Goods; and
2.1.4 any representation, statement or tortuous act or omission including negligence arising or in connection with
the contract with the Buyer.
2.2.
All warranty, conditions and other terms implied by both UK law are, to the fullest extent permitted by law,
excluded from the contract with the Buyer.
2.3. Nothing in these conditions excludes or limits the liability of the Company;
2.3.1. for death or personal injury caused by the Company’s negligence;
2.3.2 under both UK law;
2.3.3 for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
2.3.4 for fraud or fraudulent misrepresentation.
2.4. Subject to the above Condition 2.3:
2.4.1 the Company’s total liability in contract, (including without limitation negligence or breach of statutory duty),
misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated
performance of the contract with the Buyer or (without limitation) in respect of the Goods shall be limited to
the original purchase; and
2.4.2 the Company shall not be liable to the Buyer for any pure economic loss, loss of profits, loss of business, loss
of contracts, damage to property, depletion of goodwill or otherwise, in each case whether direct, indirect
or consequential, or any claims for consequential whatsoever (however caused) which arise out of or in
connection with the contract with the Buyer or (without limitation) the Goods.
3: THIRD PARTY RIGHTS
No term of any Contract formed between the Buyer and the Company shall be enforceable by virtue of the
Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
4: APPLICABLE LAW
Each of (a) the sale of the Goods to the Buyer, (b) these conditions, and (c) any disputes or claims arising there
from or in connection therewith shall be governed by and construed in accordance with the law of England;
and the Buyer and the Company irrevocably agree that the Courts of England have exclusively jurisdiction to
settle any dispute or claim that arises out of or in connection with the foregoing.
