(a) All conditions, guarantees or warranties, (whether express or implied by statute or common law) which may be lawfully excluded are hereby excluded from the contract save as set out on the face of the Acknowledgement of Order and neither the Seller nor its authorised representatives or agents shall be under any liability whatsoever in respect of any loss, damage or expense arising, whether directly or indirectly, from any defect, which may be found to exist in any goods supplied by the Seller or for late delivery of such goods or for failure to perform any obligations under the contract by the Seller save as set out in clause (c) below.
(b) Nothing in this Agreement shall exclude or restrict the liability of the Seller in respect of goods supplied within the United Kingdom from personal injury or death resulting from negligence of the Seller in the performance of his obligations under the contract.
(c) In the event that any goods prove to be defective and/or there is proved to be any shortfall in goods supplied and in either case detailed notice of such defect or shortfall is given in writing to the Seller and the carriers of the goods within 3 working days of the date of delivery or such goods and/or in the event of non-delivery of goods and detailed notice of non-delivery being given to the Seller within 14 days of the date of despatch in respect of the same then, in any such case, the Seller’s entire liability shall be to replace or refund or waive payment for the goods as it may elect, subject always to a limit of the agreed price for such goods PROVIDED ALWAYS that the Seller shall be under no liability to the extent that such defects occur as a result of some act or omission of the Buyer.
(d) In the event that any liability for loss, damage or injury is imposed upon the Seller by virtue of any statute or the common law (other than a liability accepted by the Seller in clause (c) above) then, (insofar as may be permitted by law) the Buyer shall indemnify the Seller to the full extent of any such liability including, without limitation, any costs incurred by the Seller in relation to the liability (save insofar as such liability results directly from a reckless or negligent act of the Seller).
In no event shall the Seller be liable under this Agreement for any failure or delay in performing any of its obligations under the contract to the extent that such failure or delay is caused by occurrences outside its reasonable control including, without limitation, acts of God, governmental acts, fire or industrial disputes, no matter where these occur.
Unless and except in so far as Special Terms have been expressly agreed by us in writing your acceptance of any Dantex goods will be treated as an acknowledgement that they have been sold to you according to our Terms of Business and Conditions of Sale as stated on our website: www.dantex.com/terms.