7. DELIVERY AND COMMENCEMENT OF RISK
7.1 Whilst delivery dates are given in good faith they are approximate and are not guaranteed. Time for delivery or the completion of any Services shall not be of the essence. No liability shall attach to the Company if such dates are not met for any reason.
7.2 Risk of Damage to or loss of Goods shall pass to the Client on delivery by the Company to the Clients premises or if the Client fails to take delivery when Goods are tendered for delivery or when possession of Goods is taken by a carrier for the Post Office for delivery to the Client.
7.3 The Company does not accept any liability for loss or damage to Goods whilst in transit to the Client unless they are carried by the Company and the Company is notified within 2 days of delivery (time being of the essence)
7.4 If the Client fails or is unable to take possession of Goods or is unable or unwilling to permit the Company to perform the Contract after the Company has tendered delivery or performance then without prejudice to other rights or remedies the Company shall be entitled to
(a) cancel or suspend the Contract in which case payment by the Client for the Goods and Services shall immediately become due whether or not an invoice has been rendered by the Company and/or
(b) be indemnified by the Client for all losses costs and expenses incurred.
8. TITLE & WARRANTY
8.1 Subject to clause 7 and notwithstanding delivery/passing of risk Goods shall remain the absolute property of the Company until the Company has received cleared funds in full for all charges and all other sums due from the Client to the Company
8.2 Until title to the Goods passes the Client shall hold the Goods and each of them on a fiduciary basis as bailee and agent for the Company. The Client shall keep the Goods separate from any other Goods in its possession and promptly store protect insure and identify them as belonging to the Company. Notwithstanding that the Goods remain the property of the Company the Client may sell or deal in the Goods in the ordinary course of the Client’s business at full market value but only for the account of the Company. Any sale or dealing shall be a sale or deal of the Company’s property by the Client and the Client shall act as principal (as between the Client and any third party) when making any sales or dealings
8.3 Until the property passes the Client shall upon request deliver up such of the Goods as have not ceased to be in existence or re-sold and if the Client fails to do so forthwith the Company may enter the premises owned occupied and controlled by the Client and repossess the Goods
8.4 The Company shall be entitled to recover the price of the Goods notwithstanding the fact that title to the Goods has not passed
8.5 The Client shall not in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company until the Client does so all monies owing by the Client to the Company shall immediately become due and payable.
8.6 All warranties and conditions or other terms whether implied by statute or common law are excluded to the fullest extent permitted by law provided that nothing in these conditions shall exclude |
or restrict liability for personal injury caused by the negligence of the Company or affecting the statutory rights of the Client dealing as a consumer
8.7 The Company shall not be liable whether in Contract or tort (including negligence) or otherwise for any damage caused or any loss (including without limitation any loss of profits business revenue goodwill reputation cash flow anticipated savings any operational administrative costs and/or expenses or any expenditure or charges) incurred as a result of the Services provided to any person or property of the Client or any other person directly or indirectly resulting from his activities or his employees or agents activities on the premises other than in respect of personal injury or death caused by the negligence of the Company or its employees or agents
8.8 The Company’s total liability, if any, whether in Contract or tort including negligence or otherwise under or in connection with a contact or based on any claim for indemnity or contribution shall not exceed the charges paid by the Client to the Company for the Contract.
9. THE CLIENT’S PREMISES
9.1 The Client warrants that the premises on or at which the Company is to carry out the Services are safe and suitable for the purposes to which the Client intends to engage the Company to carry out the Services
9.2 The Client shall:-
(a) be responsible for obtaining all licences consents or authorisations that may be necessary to enable the Services to be performed by the commencement of the Contract
(b) insure the premises its contents and all occupiers (including the Company’ employees or Contractors) against all risks unless otherwise agreed in writing(c) at its own expense and in sufficient time suitable prepare the premises as requested by the Company (if applicable) and afford the Company or its representatives all reasonable assistance to enable the Company or its representatives to fulfil their obligations under the Contract
(d) provide the Company with such information concerning the premises as may be required to enable the Company to carry out the Services(e) pay the Company based on the hourly time charges of its consultants or employees as advised from time to time any costs thrown away as a result of the Client failing to keep an appointment with the Company
10. FORCE MAJEURE
The Company shall not be liable to the Client for any loss of damage whatsoever to be deemed to be in breach of Contract by reason of any delay in performing or any failure to perform any of the Company’s obligations under a Contract if the loss damage or delay or failure is due to force majeure or other cause beyond the Company’s reasonable control.
11. SPECIFICATION
11.1 The Company reserves the right to make any changes to the specification in the Goods or the Services which are required to conform with any applicable safety or other statutory requirements and which do not materially affect he quality or performance of the Contract |
