LIMITATION OF LIABILITY

In no event, whether as a result of breach of contract, warranty, tort (including negligence), failure of a remedy to accomplish its purpose, or otherwise, shall Company be liable for any incidental or consequential damages including, but not limited to, loss of profits or revenue, loss of use of the product, damage to associated equipment, downtime of plant or equipment, cost of substitute equipment or products, or claims of Buyer's customers for such damage. Except as provided below with respect to patent infringement, the liability of Company on any claim of any kind, whether based upon breach of contract, warranty, tort (including negligence) or otherwise, for any loss or damage arising out of, or resulting from this agreement, or from its performance or breach, or for any product furnished hereunder, shall in no event exceed the price of the product which gives rise to the claim. Except as to title, all such liability shall terminate upon the expiration of the Liability Period specified in the section entitled "Warranty". If Company furnishes Buyer with advice or other assistance which concerns any product supplied hereunder or any equipment, in which any such product may be installed and which is not required pursuant to this agreement, the furnishing of such advice or assistance will not subject Company to any liability, whether in contract, warranty, tort (including negligence) or otherwise. The invalidity, in whole or part, of any of the foregoing paragraphs will not affect the remainder of such paragraphs or any other paragraph in this section.

REJECTION, DAMAGE OR LOSS IN TRANSIT

You are responsible for checking Products upon delivery and verifying that they are in satisfactory condition, in accordance with their specification and complete.

You may return purchased Products in accordance with theses Conditions or any applicable Returns Policy referred to on the Site.

Without prejudice to the applicable Returns Policy, your rights as a consumer set out above or any mandatory applicable laws that cannot be excluded by contract, we shall not be liable and you shall not be entitled to reject the Products, except in relation to:

1. damage to or loss of the Products or any part thereof in transit (where the Products are carried by our own transport or by a carrier on our behalf) which is notified to us within 5 working days of receipt of the Products;
2. other defects in the Products (not being defects caused by any act, neglect or default on your part) notified in writing to us within 30 days of receipt of the Products.

We shall not be liable for any damage or losses arising from defective installation of the Products; from the use of the Products in connection with other defective, unsuitable or defectively installed equipment; your negligence; improper use or use in any manner inconsistent with the manufacturer's specifications or instructions.

SALES AND SIMILAR TAXES

Unless otherwise stated in writing, Company's prices do not include sales, use, excise or similar taxes, Consequently, in addition to the prices specified herein, the amount of any present or future sales, use, excise or other similar tax applicable to the sale of the products hereunder shall be aid by Buyer or in lieu thereof Buyer shall provide Company with a tax exemption certificate acceptable to the taxing authorities.

THIRD PARTY RIGHTS

You shall indemnify us against any and all liabilities, claims and costs incurred by or made against us as a direct or indirect result of the carrying out of any work required to be done on or to the Products in accordance with your requirements or specifications or any end-user involving any infringement or alleged infringement of any proprietary rights of any third party.

WARRANTY

Company warrants that each product to be delivered hereunder will conform to Company's applicable specifications and be free from defects in material or workmanship. The foregoing warranties are exclusive and in lieu of all other warranties, (except the warranty of title), whether written, oral, implied to statutory. The conditions of any test shall be mutually agreed upon, and company shall be notified of, and may be represented at, all tests that may be made. If any failure to conform to the foregoing warranties appears within three months from date of shipment (hereinafter referred to as the Liability Period), Buyer shall promptly notify Company thereof and make the affected products available to Company and Company shall then, at its option, either correct the defect or defects by making a replacement of the product at Buyer's plant or issue an appropriate credit. The foregoing shall constitute the Buyer's exclusive remedies for claims (except as to title or patent infringement) based on defects in or failure of products whether the claim is in contract or tort (including negligence) and however instituted. NOTE: Where products have limited life or may deteriorate through age or other factor such as improper storage, of where industry accepted visual imperfections exist, such limited life, or deterioration or imperfection is not a defect in material or work- man ship or a failure to conform to specification as contemplated herein. Such products are normally so labeled, or identified in published data, or accompanied by cautionary notice. It is understood that any defective product will not be returned until authorized in advance by Company. Returned products should be intact in form as shipped and must retain Company's identity.

PERSONAL INFORMATION AND YOUR PRIVACY

We observe applicable data protection and privacy laws and will not use your Personal Data without your consent or other than as set out below.

By submitting an order, you consent to us processing your account information and personal details submitted by you ("Personal Data") for the purposes of processing and fulfilling your order. We may also ask for additional Personal Data if reasonably necessary for the purposes of verification of your identity or fraud prevention purposes.

We may occasionally use or disclose anonymous customer information for the purpose of statistical analysis or other business purposes. This will not include Personal Data that identifies you.

The Site may use "cookies" (a "cookie" is a small data file placed on your computer's hard drive when you access the Site or part of the Site). This information identifies your computer and is collected automatically as a means of supporting your visit to this Site. This "cookie" technology enables us to enhance the Site and/or products and services provided to you. You can choose to not receive a cookie file by enabling your Web browser to refuse cookies or prompt you before accepting a cookie. Please note that by refusing to accept a cookie, you may not be able to access all services and features offered by this Site.

GENERAL

We shall not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event we may elect to cancel your order and refund any payments made.

These Conditions supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us.

No relaxation, forbearance, delay or indulgence by either you or us in enforcing any of these Conditions or the granting of time by either party to the other shall prejudice or restrict such rights and powers.

No waiver of any term or condition of these Conditions shall be effective unless made in writing and signed by us. The waiver of any breach of any Condition shall not be construed as a waiver of any subsequent breach or condition.