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Liability
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& Conditions
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The company
(subject as herein provided) undertakes to replace, correct or at its option
credit the value of all goods or services supplied which are defective
or otherwise not in conformity of contract subject to all of these conditions
provided always. The company must be informed in writing of such defective
goods or services and requested to make such replacement or correction
or give such credit within 2 weeks from collection or delivery of the
goods or services.
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The company's liability whether in contract, tort or
otherwise in respect of any goods supplied by it shall be limited
solely to the foregoing, and in no circumstances does the company accept
any further liability or any injury, damage or financial loss or
for either direct or consequential losses howsoever or whenever arising.
in particular, but without prejudice to the generality of the
foregoing,
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Limitation of liability
- If the company carries out any work
at the request of the client the company's liability for any failure
or breach of contract will be limited to the invoice cost of the work.
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Cancellation
- Orders placed with the company
cannot be cancelled except with the company's written consent and on
terms which will indemnify the company against any damage or consequential
loss.
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Nominees
- The client shall indemnify
the company and any and all of its agents, officers and servants against all
costs arising from the provision of nominee officers, signatories,
shareholders etc.
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Registered office
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If the registered
office remains at the company's address the provision of a registered office fee
will be charged at the prevailing rate and will include forwarding of post sent
to the registered office by Companies House and Inland Revenue departments.
Dealing with other matters will incur an additional charge. Default in payment
of registered office charges or additional charge will result in withdrawal of
the facility without notice and without liability for the consequences.
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Performance
of contract
- In event of the performance of any
obligation accepted by the company being prevented, delayed or
in any way interfered with by either
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An act of god, outbreak of war, either general or local riot or
other civil commotion, strike, lockout, act or decree of any government or
any other act, matter or thing beyond our reasonable control.
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Non-delivery or non-performance by the company's suppliers
or damage, loss or destruction of the whole or part of the goods
or work, the company may at its option suspend performance or cancel its
obligation under the contract without liability for any damage or
consequential loss resulting there from such suspension or
cancellation being without prejudice to the company's right to recover
all sums owing to it in respect of consignments delivered, or collected and
costs incurred to date.
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By any cause beyond the company's control.
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Assignment
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The contract shall not be assigned by the client to any third party without
the prior consent of the company.
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Patents
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The client is to
indemnify the company against any claims whatsoever for damages and or costs
against all liability in respect of any infringement of trade mark, patent
right, copy right or any other intellectual property resulting from compliance
with clients instructions express or implied.
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Law
and jurisdiction
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Subject to the above conditions the client shall not take legal
action against the company.
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The contract shall be governed by and constructed in all respects
in accordance to English law. The client on entering into the contract submits
to the jurisdiction of the English courts.
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Should any condition or part thereof become unenforceable for any
reason whatsoever this shall be without prejudice to the remainder of that
condition and all other conditions and part conditions.
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The condition headings are inserted for convenience only and shall
not effect the construction of these conditions
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