Limitation of Liability
We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you, the buyer, for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of these terms and conditions by reason of any delay in performing, or failure to perform, any of our obligations in relation to these terms and conditions, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:-
• Act of God, explosion, flood, tempest, fire or accident;
• War or threat of war, sabotage, civil disturbance or requisition;
• Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
• Import or export regulations or embargoes;
• Strikes, lock-outs or other industrial actions or trade disputes;
• Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
• Power failure or breakdown in machinery
If we are prevented from carrying out our obligations in the above circumstances, we will notify you in writing. If we are still prevented from carrying out our obligations 3 weeks from the date such notice was sent, then either party may give written notice to the other to cancel the contract. If the contract is cancelled in this way, we accept no liability to compensate you for any loss or damage caused by failure to perform.
Except where you, the buyer are dealing as a consumer (as defined in the Unfair Contract Terms Act 1977) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods.
Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims which arise out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.