9.2 If the Goods prove to be defective in terms of materials or workmanship during normal operation or services, such Goods will only be repaired or replaced in accordance with the warranty cover or conditions set by the manufacturer of the Goods, PROVIDED that no unauthorised modification has taken place to the Product or the system to which the Goods belong. Seller is not responsible for labor or other costs incurred in repairing or replacing defective or non-conforming parts, and in no event shall Seller be liable under contract, tort (including negligence or breach of legal obligations) or otherwise and howsoever caused, (i) for loss of profit, of business, contracts, income or anticipated savings, or (ii) for any special indirect part or indirect damages of any kind. The general conditions of sale of goods to consumers (also called general conditions) must be used if you want to deliver goods to a consumer under standard conditions. They should cover key issues such as orders, delivery, pricing, payment, warranties, liabilities, cancellation and termination. 5.4 In the event that the Seller terminates the Contract in accordance with the provisions of clause 5.3.1 above, the Buyer shall fully indemnify the Seller against all losses (including loss of profits), costs (including the cost of all labour and material costs used), damages, costs and expenses incurred by the Seller as a result of such cancellation. Without prejudice to the generality of the foregoing, the Seller is entitled, at the Seller`s discretion, to require the Buyer to pay the Seller an amount equal to 50% of the invoiced value of the contract thus cancelled in the form of lump sum damages. In the event that the Seller so requests, the Buyer must pay this amount (without deduction) to the Seller within seven days of receipt of the Seller`s written notice of the amount to be paid. Seller and Buyer hereby agree that this amount constitutes a true estimate of the monetary value of the loss and damage that Seller may suffer as a result of such cancellation. The retention of title provision in these general terms and conditions does not allow the collection of the proceeds of a sub-sale or the acquisition of ownership of products manufactured subsequently. If you wish to supply goods for these purposes, it is recommended to use the Terms of Use with goods intended for resale or manufacture. 9.11 If and to the extent that sections 6 and/or 7(3A) of the Unfair Contract Terms Act 1977 are applicable to the Contract, nothing in the Terms shall function or be construed as constituting Seller`s liability for any breach of the applicable title and the silent proprietary warranties implied by Section 13(3) of the Sale; excludes or restricts. of 1979 on the Supply of Goods and Services Act 1979 or section 2(3) of the Supply of Goods and Services Act 1982, irrespective of the law applicable to the contract.
3.1 The goods are described in the Seller`s offer or sales documents as amended by the specifications. The Seller reserves the right to modify the specifications of the Goods if this is necessary due to applicable legal or regulatory requirements. 3.12 Without prejudice to the generality of the foregoing, any particular use for which the Buyer proposes the use of the Goods shall be deemed not to have been known to the Seller or not brought to the seller`s attention, unless expressly stated in a calendar signed by one of the Seller`s directors. Buyer hereby acknowledges that any purpose specified in this list shall be deemed to have been determined by Buyer. Software. If the Goods purchased by Buyer or any subsequent update, update, correction or modification of the revision contain software, applications or firmware, including related documentation, data files, modules, libraries and items (”Software”), such software is licensed and not sold. Subject to Buyer`s compliance with these Terms and Conditions, Seller grants a personal, limited, non-exclusive license to use the Software solely for Buyer`s internal purposes. The license is limited to the goods and / or places indicated on the buyer`s order for which this instrument serves either as an offer or confirmation. Any other use is not allowed.
Seller (or, as the case may be, its sellers) retains all ownership of the software provided hereunder, which contains confidential and proprietary information and whose ownership includes, without limitation, all rights in patents, copyrights, trademarks and trade secrets. Buyer may not attempt to sell, transfer, sublicense, reverse engineer, disassemble or redistribute the Software, except as expressly permitted herein. Buyer may also not copy, disclose, distribute or display this Software or otherwise make it available to others (except with Seller`s written permission) or permit unauthorized use of the Software. If the Software is supplied with Goods, Buyer may transfer its license to the Software to a third party only in connection with Buyer`s sale of the Goods on which the Software is installed. Buyer is only entitled to recompile, modify, update or otherwise modify, update or modify the Software within the framework of applicable mandatory legal laws for the protection of intellectual property. Seller may terminate this License if Buyer defaults on payment under these Terms and Conditions. For sales in the United Kingdom and the Republic of Ireland, payment is due within 30 days of the invoice date, unless the parties have agreed in writing to a shorter payment term. Partial deliveries may be charged upon shipment….
