APPENDIX
iKon-L APPENDIX
Page 166
5. Where any valid claim in respect of the Goods which is based on any defect in the quality or condition of the
Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the
Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole
discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall
have no further liability to the Buyer.
6. Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable
to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other
term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or
consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for
compensation whatsoever (whether caused by the negligence of the Seller, its employees or against otherwise)
which arise out of or in connection with the supply of the Goods, or their use or resale by the Buyer and the
entire liability of the Seller under or in connection with the Contract shall not exceed the price of the goods,
except as expressly provided in these Conditions.
7. The Seller 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 Seller’s obligations in relation to the goods, if the delay
or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of
the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
7.1 Act of God, explosion, flood, tempest, fire or accident;
7.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
7.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any
governmental, parliamentary or local authority;
7.4 import or export regulations or embargoes;
7.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or
of third party);
7.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
7.7 power failure or breakdown in machinery.
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