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9.7 Under no circumstances shall the Company have any liability for any defect in the Goods arising from normal wear and tear or if (other than by the Company) any part of the Goods is modified, repaired, improperly stored or used, damaged by accident or neglect or maintained otherwise than or not maintained in accordance with the maintenance requirements specified by the Company or any manufacturer.
10. LIMITATION OF LIABILITY
10.1 Subject to condition 4, condition 5 and condition 9, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
(a) any breach of these conditions;
(b) any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
10.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
10.3 Nothing in these conditions excludes or limits the liability of the Company:
(a) for death or personal injury caused by the Company’s negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
10.4 Subject to condition 10.2 and condition 10.3:
(a) the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
(b) the Company shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
10.5 The Buyer and the Company have freely and openly negotiated the Contract in the knowledge that the liability of the Company is limited in accordance with these terms and conditions and the price has been calculated accordingly. The Buyer acknowledges that a higher price would be payable but for such limitation.
11. E-COMMERCE REGULATIONS
11.1 The technical steps required to conclude the Contract are as follows:
(a) The Buyer may submit a written or verbal offer to purchase Goods from the Company, subject to these terms and conditions. All verbal offers must be confirmed in writing in the form of, an email, fax, or handwritten purchase order, which shall be subject to these terms and conditions. The written confirmation must specify the Buyer’s invoice and delivery address, a description of Goods required, total costs and any special conditions the Buyer requires.
(b) If the Buyer has no credit facilities with the Company, payment details must be provided at the time of submission of the written offer. Payment can be made via credit card, paypal, BACS, or cheque on delivery (only where agreed).
(c) Upon receipt of the Buyer’s written offer, The Company will, in most instances, provide a written acknowledgement of the Buyer’s offer and confirm whether the same is accepted. No offer shall be deemed accepted until the submission of an unconditional acknowledgment by the Company to the Buyer or until the Goods have been delivered, whichever is the earlier.
11.2 The Contract will be stored by us and accessible by us.
11.3 Should you identify any input errors prior to placing an order, you may correct them as follows:
(a) Use the back button on the checkout page to re enter / amend details.
(b) The Cancel button is available throughout the whole checkout procedure and can be used to abort the purchase. Buyer can then start over with the purchase.
(c) If the shopping basket has duplicate items stored, then the quantity can be edited and Saved or Updated using these named buttons. There is also a Remove check box, once checked by the Buyer the update button will remove all items in the shopping basket.
11.4 The Contract will be concluded in English
12.1 Orders placed in the course of business are not cancellable.
12.1 Orders placed by a Consumer (as defined by the Consumer Protection (Distance Selling) Regulations 2000) may be cancelled up to seven working days after the day on which the Goods are received by the Buyer.
13.1 The Company may assign the Contract or any part of it to any person, firm or company.
13.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
14. FORCE MAJEURE
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
15.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
15.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
15.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
15.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
15.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
15.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
16.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by email:
(a) (in case of communications to the Company) to its registered office or such changed address as shall be notified to the Buyer by the Company; or
(b) (in the case of the communications to the Buyer) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Company by the Buyer.
16.2 Communications shall be deemed to have been received:
(a) if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
(b) if delivered by hand, on the day of delivery; or
(c) if sent by email on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
16.3 Communications addressed to the Company shall be marked for the attention of The Secretary.
Postal address – The SCSI Shop Ltd , Wold House, 32 Cherry Hill, Old, Northampton. Northants. NN6 9EN
The SCSI Shop Ltd do not disclose buyers’ information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
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