(e) We will store tooling (such as films, plates, disks and cutting formes on your behalf). If such tooling is not used for a period of 12 months we reserve the right, without reference to you, to dispose of any such items. We will incur no liability for loss or replacement costs as a result of this action.
8. Inspection and Liability
- (a) Where delivery is made by us to a carrier for transmission to you or your nominee we will claim against the carrier on your behalf in respect of non-delivery or short delivery by the carrier or damage in transit provided you notify us and the carrier in writing of any such claim within such time as will enable us to comply with the time limits currently laid down by the carrier for notifying him of the claim in question.
- (b) You will inspect the goods immediately on delivery and advise us as soon as possible of any inconsistency between the goods actually delivered and the relevant delivery note and shall be deemed to have accepted the goods if not rejected by notice given within 24 hours after delivery (no account being taken of weekends or bank holidays) and you shall not after acceptance or deemed acceptance be entitled to reject the goods for lack of conformity with the contract or otherwise.
- (c) You shall have no right to make or pursue any claim for damages or any other remedy in relation to the goods or anything pertaining to them
- i) if the substance of such claim has not been notified to the seller in writing within 14 days of delivery; or
- ii) as a result of mixing batches or lots; or
- iii) if such goods have been subject to any process of manufacture or other treatment orif their physical condition has otherwise been altered before we have been afforded such opportunity as we reasonably require to inspect and test any goods in relation to which a claim is made.
- (d) You will be liable to indemnify us against all expenses, loss or damage suffered by us as a result of claims for infringement of patents, trademarks, registered design or copyright arising out of work done to your direct instructions.
- (e) Any shortfall in delivery will not breach the contract if rectified by us within 14 days from the date of notification by you.
- (f) Where goods supplied under these conditions are defective for any reason, including negligence, liability (if any) shall be limited to rectifying such defect or replacing the defective goods within [28 days]. Where we perform our obligations to rectify or replace defective goods under this condition you shall not be entitled to any further claim in respect of such defect(s).
- (g) Notwithstanding any other provisions express or implied our liability to compensate you in respect of any claims arising out of or in connection with the supply or a contract for the supply of goods shall be limited to the price of the goods and Value Added Tax and other sums paid by you to us for the goods in respect of or in relation to which such loss or damage is claimed and we shall not be liable for any further claim or claims in respect of consequential loss or damage or loss of profits or otherwise.
- (h) We warrant that the goods will at the time of delivery materially correspond to any proofed and agreed sample. All other warranties, conditions or terms relating to the fitness for purpose, quality or condition of the goods and whether implied by statute or common law or otherwise are excluded to the fullest extent permissible by law.
- (i) We shall not be liable for any failure to deliver goods arising from circumstances outside our control. Non exhaustive illustration of such circumstances would be acts of god, war, riots, explosion, abnormal weather conditions, fire, flood, strikes, lock-out, government action or regulations (UK or otherwise), delay by suppliers, accident and shortage of materials, labour