b'CONDITIONS OF SALEOUR MISTAKES 10.3.4 Maintain the Goods in satisfactory condition.We are constantly updating our products prices and offers. We are confident of our10.4 The Buyer may resell the Goods before ownership has passed to it solely on the technology and staff but acknowledge that human error is always possible. If goodsfollowing conditions:are offered for sale incorrectly there may be rare circumstances where it is not10.4.1 Any sale shall be affected in the ordinary course of the Buyers business at full possible for us to honour the sale. In such cases we will contact you and explain themarket value and the Buyer shall account to the Seller accordingly for the Goods;situation, if we are unable to resolve the matter fairly with you we reserve the right to refuse your order and refund any payment you may have made. 10.4.2 Any such sale shall be a sale of the Sellers property on the Buyers own behalf and the Buyer shall deal as principal when making such a sale;AGE RESTRICTIONS 10.4.3 The Buyers right to resell the Goods shall cease upon the termination of the Age restrictions apply to the supply of some goods. By ordering these goods youContract; andconfirm that you are over 18 and that the person receiving the delivery is also over10.5 Where the Seller is unable to determine whether any goods are the Goods, the 18. Buyer shall be deemed to have sold all goods of the kind sold by the Seller to the DESCRIPTIVE MATTER AND ILLUSTRATIONS Buyer in the order in which they were invoiced to the Buyer.All illustrations, drawings, catalogues and descriptive matter are of a generally10.6 The Seller shall be entitled to recover payment for the Goods notwithstanding informative nature only and do not form part of the specification or descriptions ofthat ownership of any of the Goods has not passed from the Seller.the goods, except to the extent expressly incorporated in them in writing. 10.7 The Buyer grants the Seller, its agents and employees an irrevocable licence at LIMITATION OF LIABILITY any time to enter any premises where the Goods are or may be stored in order to The following provisions and the provisions of conditions 7 and 5.3 set out the entireinspect them, or, where the Buyers right to possession has terminated, to recover liability of the Seller (including any liability for the acts or omissions of its employees,them and if necessary to dismantle them from anything to which they are attached.agents and sub-contractors) to the Buyer in respect of: 10.8 If before making payment for the Goods the Buyer ceases to trade or commits Any breach of these Terms and Conditions; and any act of bankruptcy or if a Receiver of the Buyers undertaking is appointed the Seller may recover the Goods from the Buyer.Any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract. 19. EXCLUSIONS OF LIABILITYAll warranties, conditions and other terms implied by statute or common law (save(19.1) all conditions, guarantees or warranties, whether expressed or implied by for the conditions implied by section 12 of the Sale of Goods Act 1979) are excludedstatute, common law or otherwise, are hereby excluded, except insofar as the same from the Contract. cannot be excluded by law or to liability for resulting death or personal injury.Nothing in these Terms and Conditions excludes or limits the liability of the Seller(19.2) We accept no liability for any loss of income or revenue, loss of business, loss fordeathorpersonalinjurycausedbytheSellersnegligenceorfraudulentof profits or contracts, loss of anticipated savings, loss of data, waste of management misrepresentation. or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or THE BUYERS ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OFotherwise, even if foreseeable.CONDITIONS 8.4 AND 8.5 (19.3) Notwithstanding the foregoing, the Sellers shall repair the goods or at their 8.4 Subject to conditions 8.2 and 8.3: discretion supply new goods in exchange for and to the same description as the 8.4.1 The Sellers total liability in contract, tort (including negligence or breach ofdefective goods provided that:-statutory duty), misrepresentation or otherwise, arising in connection with thei) The goods are shown to be defective due to a fault in the Sellers manufacture.performance or contemplated performance of this Contract shall be limited to the(ii) The goods have been subject only to proper and normal use.contract price; and(iii) Written notice giving full details of the alleged defects is received by the Sellers 8.4.2 the Seller shall not be liable to the Buyer by reason of any representationwithin 12 months from the time of delivery, andor any implied warranty, condition or other term or any duty at law or under the express terms of this Contract for any loss of profit, loss of business, depletion of(iiii) the provision of these General Terms and Conditions of Sale will apply to any goodwill, or any indirect or consequential loss or damage, costs, expenses or othersuch new goods.claims for consequential compensation whatsoever (whether or not caused by the(19.4) The Sellers shall not be deemed to have knowledge of the nature of the negligence of the Seller, its employees, agents or sub-contractors) which arise out ofproposed use or the purpose of the market for which the goods are required.or in connection with the Contract. (19.5) Where goods are supplied to the Buyers drawings, designs or specifications 8.5TheBuyerwillindemnifytheSelleragainstalldamages,penalties,coststhe Buyers warrant that the manufacture supply or sale by the Sellers will not and expenses to which the Seller may become liable as a result of work done ininfringe any liability for any third parties rights and agree to indemnity the Seller accordance with the Buyers specification which involves the infringement of anyagainst all liability for any infringements and against all actions, costs, demands and letters patent, registered design or copyright. expenses in relation thereto.9. FORCE MAJEURE 20. These terms and conditions and all contracts to which they apply shall be 9.1 The Seller shall not be liable to the Buyer in any manner or be deemed to be ingoverned in all respects by and construed in accordance with English Law.breach of this Contract (subject to condition 8) because of any delay in performing21. THIRD PARTIESor any failure to perform any of the Sellers obligations under this Contract if theFor the purposes of the Contracts (Rights of Third Parties) Act 1999 any contract delay or failure was due to any cause beyond the Sellers reasonable control. between us is not intended to and does not give any person who is not party to it any 9.2 Without prejudice to the generality of condition 9.1 the following shall be includedright to enforce any of its provisions.as causes beyond the Sellers reasonable control: Any variation of these Conditions in any document of the Buyer is inapplicable 9.2.1 Governmental actions, war or threat of war, national emergency, riot, civilunless accepted in writing by the Seller subsequent to the date hereof.Any variation disturbance, sabotage or requisition; of these Conditions in any document of the Buyer is inapplicable unless accepted in 9.2.2 Act of God, fire, explosion, flood, epidemic or accident; writing by the Seller subsequent to the date hereof.Bottom of Form9.2.3 Import or export regulations or embargoes; 22. The company has the right to revise and amend these terms and conditions from time to time. Buyers will be subject to the policies and terms and conditions in force 9.2.4 Labour disputes not including disputes involving the Sellers work-force; or at the time that products are ordered, unless any change to those policies or these 9.2.5 Inability to obtain or delay in obtaining supplies of adequate or suitableterms and conditions is required to be made by law or government authority (in material, fuel, parts, machinery or labour. which case it may apply to orders previously placed ), or if the Buyer is notified of the change to those policies or these terms and conditions before a Dispatch 10. PASSING OF PROPERTY AND RISK Confirmation (in which case the Company has the right to assume that the Buyer 10.1 Risk of damage to or loss of Goods shall pass to the Buyer upon delivery to thehas accepted the change to the terms and conditions, unless the Company has Buyer or its agent. been notified to the contrary within seven working days of the Buyer receiving the 10.2 Ownership of the Goods shall not pass to the Buyer until the Seller has receivedproducts).in full (in cash or cleared funds) all sums due to it in respect of: 23. LAW10.2.1 The Goods; and The terms and conditions of business will be interpreted and adjudicated under 10.2.2 All other sums which are or which become due to the Seller from the BuyerEnglish law.on any account. 24. WRITTEN COMMUNICATIONS10.3 Until ownership of the Goods has passed to the Buyer, the Buyer must: Applicable laws require that some of the information or communications we send 10.3.1 Hold the Goods on a fiduciary basis as the Sellers bailee; to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with 10.3.2 Store the Goods (at no cost to the Seller) separately from all other goods ofinformation by posting notices on our website. For contractual purposes, you agree the Buyer or any third party in such a way that they remain readily identifiable asto this electronic means of communication and you acknowledge that all contracts, the Sellers property; notices, information and other communications that we provide to you electronically 10.3.3 Not destroy, deface or obscure any identifying mark or packaging on orcomply with any legal requirements that such communications should be in writing. relating to the Goods; This condition does not affect your statutory rights.578 Phone: 0151 647 4255 email: sales@newtonhale.co.uk web: www.newtonhale.co.uk'