Nothing in these Terms shall be construed to exclude or restrict liability for death or personal injury, if caused by Tradedor negligence or fraudulent misrepresentation or any other liability what cannot be excluded or restricted by law.
With the exception of clause 10.1, Tradedor liability is excluded in contract, tort, misrepresentation, losses and damages, including but not limited to:
Loss or damage incurred by You as a result of third party claims;
Loss of actual or anticipated profits;
Loss of business opportunity;
Loss of anticipated savings;
Loss of goodwill; and
Any indirect, special or consequential loss or damage howsoever caused.
Tradedor entire liability is limited, under any circumstances, to the repair, replacement, or refund of the net amount invoiced, in the case of the Goods, and to the re performance, in the case of Services.
In the sale of Goods, We warrant that:
Tradedor Ltd has legal title to sell the Goods;
Goods will be substantially free from defects in materials and workmanship; and
Goods will comply with their specification.
In the provision of Services, We warrant that they will be performed with reasonable skill and care.
Tradedor liability under the Contract is excluded:
For defect in the Goods or failure in the provision of the Services apparent upon Reasonable Inspection under Condition 6.1, unless such fault is communicated to Us in accordance with Condition 6.2;
Unless a defect in the Goods or failure in the provision of the Services other than is covered by Condition 10.7 is discovered within 24 months of the date of delivery of the Goods or failure in the provision of the Services and We are given written notice of such defect or failure in the provision of the Services within 15 Working Days of it being discovered;
Unless after discovery of the defect We are given a reasonable opportunity to inspect the Goods or to review the Services before they are used fixed or in any way interfered with;
For wear and tear;
If the defect arises from Your or a third party’s negligence, mis-use, alteration or repair of the Goods or the Supplies or the Services, failure to follow British Standard or industry or Our instruction relevant to the Goods or the Supplies or the Services, storage of the Goods or the Supplies in unsuitable conditions or use of the Goods or the Supplies or the Services in abnormal working conditions.
If the Goods are not manufactured by Us or have been processed by a third party whether or not at Our or Your request Our liability in respect of any defect in or arising from the Goods will be limited to such rights against the manufacturer or the third party as We may have in respect of those Goods.
If the Goods are supplied manufactured or processed or the Services are performed to a drawing, design, measurement,
calculation or specification of Yours or as approved by You or any third person nominating or specifying the Goods whether as provided in Condition 6.4 or otherwise then:
Subject to Condition 10.1, We shall not be liable for any defect in such Goods or the performance of Services except in the event of:
a) Misrepresentation where the representation was made or confirmed in writing by Us;
b) Non-compliance with such drawing, design, measurement, calculation or specification; or
c) Breach of a separate written warranty signed by Us that the Goods or the Supplies are fit for a particular purpose.
You will unconditionally fully and effectively indemnify Us against all losses, damages, costs on an indemnity basis and expenses awarded against or incurred by Us in connection with or paid or agreed to be paid by Us in settlement of any claim for infringement of any intellectual property rights of any other person.
If the Goods are supplied or the Services are performed to a drawing, design, measurement, calculation or specification provided in writing by Us then subject to Condition 10.1 We shall not be liable except in the proportion and to the extent that such damages have resulted primarily from Our breach of Contract or negligence provided that We will not be liable under this Condition 10.10 if:
Material information is withheld concealed or misrepresented by You; and/or
The drawing, design, measurement, calculation or specification provided by Us is not in writing signed by one of Our
You will unconditionally fully and effectively indemnify Us against all losses, damages, penalties, costs on an indemnity basis and expenses awarded against or incurred by Us in connection with or paid or agreed to be paid by Us in settlement of any claim by any third party arising from the supply or use of the Goods or the Supplies. This indemnity will be reduced in proportion to the extent that such losses, damages, penalties, costs and expenses are due to Our negligence.
Except as expressly provided in these Terms all warranties, conditions of other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Where You resell the Goods or the Supplies to a third party and the third party brings any claim against Us, You will provide all reasonable assistance to Us at Your cost to enable Us to defend the claim and You will not make any admission, negotiate or settle any claim without Our prior written consent thereto.
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