Limitation of Liability

Attention is drawn to the provisions of this Condition

1.1 Subject to After-Sales terms, the following provisions of this Limitation of Liability set out the entire financial liability of the Company including any liability for the acts or omissions of its employees, agents and sub-contractors) in respect of any breach of these Conditions and any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

1.2 All terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from that Contract.

1.3 Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company's negligence or for fraudulent presentation.

1.4 Subject to Conditions 10.2 and 10.3

1.4.1 The Company's total liability in contract tort (including negligence or breach of statutory duty, misrepresentation or otherwise arising in connection with the performance or contemplated performance of this Contract shall be limited to the price paid by the Buyer.

1.4.2 The Company shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill otherwise) costs, expenses or other claims for consequential compensation (howsoever caused which arise out of or in connection with the Goods.

1.5 The Buyer warrants that any installation of the goods will be performed by properly trained staff and agrees that it shall be solely responsible for any use to which the Goods are put after delivery.

2.   Intellectual Property

2.1 The property and any copyright or other intellectual property rights in any Buyer Materials shall belong to the Buyer and any Company Materials shall, unless otherwise agreed in writing between the Buyer and the Company belong to the Company subject only to a licence in favour of the Buyer to use the Company Materials for the purposes of receiving the Goods.

3.   Force Majeure

3.1 The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including without limitation acts of God, governmental actions, war or national emergency, riot, civil commotion, fire explosion, flood, epidemic, lock-outs, strikes or other about disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

4.   General

4.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.

4.2 If any provision or part of a provision of the Contract is found by any court or other body of competent jurisdiction to be illegal invalid void, voidable, unenforceable or unreasonable it shall be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

4.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract will not be constituted as a waiver of any of its rights under the Contract. Any waiver by the Company of any breach of or any default under any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.

4.4 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

4.5 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company. The Company may assign the Contract or any part of it to any person, firm or company.

4.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be deemed by English Law and the parties submit to the jurisdiction of the Dutch Law.