9.1 Nothing in this clause shall exclude the Supplier's liability for death
or personal injury caused by its negligence.
9.2 The Supplier warrants
that all Goods will correspond with the Order at the time of delivery and
will be free from defects on delivery.
9.3 If the Supplier is in
breach of the warranty contained at clause 9.2 above, the Buyer shall advise
the Supplier in Writing immediately and in any case not later than 14 working
days from the date of discovery of the defect.
9.4 On receiving a notice
under clause 9.2 above, where Buyer IS NOT acting as a consumer the Supplier
may, at its sole option:-
9.4.1 repair the Goods;
9.4.2 replace all or any
part of the defective Goods; or
9.4.3 refund the price of
those Goods which are defective.
9.5 Where the Buyer IS NOT
acting as a consumer, the Goods are not tested and sold as fit for any
particular purpose and any terms of warranty or condition express implied or
statutory to the contrary is excluded to the fullest extent allowed in law.
9.6 Save as expressly
provided in these Conditions, and except where the Goods are sold to a person
dealing as a consumer (within the meaning of the Unfair Contract Terms Act
1977) all warranties conditions terms and liabilities express or implied by
statute or common law are excluded to the fullest extent permitted by law and
the Supplier will not be liable to the Buyer for any loss of any kind
whatsoever which arises out of the breach of implied warranties or conditions
or breach of any other duty of any kind imposed on the Supplier by operation
of law.
9.7 Where the Buyer IS NOT a
consumer, the Supplier will not be liable for any of the following losses
which may arise by reason of any breach of the Contract or any implied
warranty, condition or other term, any representation or any duty of any kind
imposed on the Supplier by operation of law:
9.7.1 any loss of
anticipated profits or expected future business;
9.7.2 damage to reputation
or goodwill;
9.7.3 any damages costs or
expenses payable by the Buyer to any third party;
9.7.4 loss of any order or
contract; or
9.7.5 any consequential loss
of any kind.
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