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S0 User Handbook
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INFORMA
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WA R R A N T Y & S A F E T Y
I N F O R M AT I O N
(c)
The Company accepts liability:
(i)
for death or personal injury to the extent that it results from the negligence of
the Company, its employees (whilst in the course of their employment) or its
agents (in the course of the agency);
(ii)
for any breach by the Company of any statutory undertaking as to title, quiet
possession and freedom from encumbrance.
(d) Subject to conditions (a) and (c) from the time of despatch of the Goods from the
Company’s premises the Purchaser shall be responsible for any defect in the Goods
or loss, damage, nuisance or interference whatsoever consequential economic or
otherwise or wastage of material resulting from or caused by or to the Goods. In
particular the Company shall not be liable for any loss of profits or other economic
losses. The Company accordingly excludes all liability for the same.
(e)
At the request and expense of the Purchaser the Company will test the Goods to
ascertain performance levels and provide a report of the results of that test. The report
will be accurate at the time of the test, to the best of the belief and knowledge of the
Company, and the Company accepts no liability in respect of its accuracy beyond that
set out in Condition (a).
(f )
Subject to Condition (e) no representation, condition, warranty or other term, express
or implied (by statute or otherwise) is given by the Company that the Goods are of
any particular quality or standard or will enable the Purchaser to attain any particular
performance or result, or will be suitable for any particular purpose or use under
specific conditions or will provide any particular capacity, notwithstanding that the
requirement for such performance, result or capacity or that such particular purpose
or conditions may have been known (or ought to have been known) to the Company,
its employees or agents.
(g)
(i)
To the extent that the Company is held legally liable to the Purchaser for any
single breach of contract, tort, representation or other act or default, the
Company’s liability for the same shall not exceed the Price of the Goods.
(ii)
The restriction of liability in Condition (g)(i) shall not apply to any liability
accepted by the Seller in Condition (c).
(h) Where the Goods are sold under a consumer transaction (as defined by the Consumer
Transactions (Restrictions on Statements) Order 1976) the statutory rights of the
Purchaser are not affected by these Conditions of Sale.
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