PERSONAL PROTECTION EQUIPMENT / 149 www.nortonabrasives.com PERSONAL PROTECTION EQUIPMENT despatch. The Company’s liability, if any, shall be limited to replacing or (in its discretion) repairing such goods and it shall be a condition precedent to any such liability that the Customer shall if so requested have returned damaged goods to the Company within 14 days of such request. The Customer shall not be entitled to make any claim against the Company for consequential loss arising out of such damage shortage or loss as aforesaid. (b) Save as otherwise provided in these conditions the Company’s liability in respect of any defect in or failure of goods supplied or work done is limited to replacing or (in its discretion) repairing or paying for the repair or replacement of goods which within 12 months of delivery to the Customer are found to be defective by reason of faulty or incorrect design workmanship parts or materials and carrying out again any services which the Company has failed properly to perform in accordance with the Contract. In the event of any error in any weight, dimension, capacity, performance or other description or information which has formed a representation or is part of a contract the Company’s liability in respect of any direct loss or damage sustained by the Customer as a result of such error shall not exceed the price of the goods or services in respect of which the description or information is incorrect. Conditions precedent to the Company’s liability hereunder shall be that as soon as reasonably practicable the Customer (i) shall have given to the Company reasonable notice of the defect, failure or error (ii) shall have either returned the goods to the Company or provided authority for the Company’s servants or agents to inspect them, as the Company may request. The Company shall have no other or further liability in respect of any direct, indirect or consequential loss or damage sustained by the Customer arising from or in connection with any such defect failure or error as aforesaid. (c) Where the Company agrees to repair or replace goods or carry out again the services in accordance with the foregoing provisions of this paragraph any time specified for delivery under the Contract shall be extended for such period as the Company may reasonably require. (d) The Company shall have no liability in respect of any failure of goods caused, whether wholly or in part, by any modification to the goods (save for trimming or dressing the goods for use) carried out by or for the Customer (other than by the Company) without the Company’s prior written approval. (e) Save for such terms as may be implied in the Contract by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 all conditions, warranties and other terms express or implied, statutory or otherwise, are expressly excluded, save insofar as contained herein or as otherwise expressly agreed by the Company in writing PROVIDED that if and insofar as any legislation or any order made thereunder shall make or have made it unlawful to exclude or purport to exclude from the Contract any term or shall have made unenforceable any attempt to exclude any such term, the foregoing provisions of this paragraph will not apply to any such term. (f) Nothing in this agreement shall limit the Company’s liability for death or personal injury caused as a result of the negligence of the Company. 8. The following provisions shall apply to all goods which under the Contract (other than an International Supply Contract) the Company agrees to supply to the Customer. No failure by the Company to enforce strict compliance by the Customer with such provisions shall constitute a waiver thereof and no termination of the contract shall prejudice limit or extinguish the Company’s rights under this paragraph. (i) Property in the goods shall not pass to the Customer until full payment has been received by the Company for the goods and any other goods supplied by the Company or any of its associated companies. (ii) The Customer undertakes that until payment has been made in accordance with 8i) abovenot to remove, deface, or cover up any identification marks that the goods are the property of the Company • to store the goods separately from those belonging to the Customer and others • to allow the Company, its agents and employees, unrestricted access to the Customer’s premises or any other location where the goods are stored, for the purpose of removal of the goods. (iii) The Customer is hereby granted a license by the Company to incorporate the goods in any other products. (iv) The Customer is hereby licensed to sell on the goods and any products incorporating any of them. The Customer shall, immediately upon receipt of the proceeds of sale, and whether or not payment has become due under paragraph 5 hereof, remit to the Company the full purchase price of the goods sold on less any part thereof which has already been paid and until such amount has been so remitted shall hold such amount as trustee and agent for the Company. (v) The Customer shall maintain all appropriate insurance in respect of the goods from the date or dates on which the risk therein passes to him. In the event of any loss or damage occurring while the goods remain the property of the Company the Customer shall immediately on receipt of the insurance monies, remit to the Company the full purchase price of the goods lost or damaged less any part thereof which has already been paid and until such amount has been so remitted shall hold such amount as trustee and agent for the Company. (vi) The licences granted under sub-paragraphs (ii) and (iii) above shall be terminable forthwith at any time upon notice by the Company to the Customer. 9. In the case of International Supply Contract property in the goods shall pass to the Customer upon delivery. 10. Save as hereinbefore provided and subject to the provisions of section 2(i) of the Unfair Contract Terms Act 1977 the Company shall not be liable to the Customer for any damage or for any direct or consequential loss incurred by the Customer in consequence of any negligence on the part of the Company or negligence or wilful default on the part of its servants or agents or in connection with the supply of any goods or the design or manufacture thereof or in the carrying out of any work or the provision of any information. 11. Nothing in these Conditions shall exclude or restrict any liability that the Company may have by virtue of the Consumer Protection Act 1987. 12. (a) The Customer shall be responsible for complying with any legislation or regulations governing the importation of the goods supplied by the Company under the Contract into the country of destination and for the payment of any duties on them. (b) The Customer shall be liable for and shall indemnify and hold the Company harmless from any and all liability, loss, claims, damages and costs, which the Company may sustain or incur, arising out of or in any way connected with the Customer’s failure to comply with paragraphs 12(a) and/or 15 hereof. 13. Without affecting any other right or remedy available to it, the Company may terminate any Contract with the Customer with immediate effect by giving written notice to the Customer if the Customer commits a material breach of any term of these Conditions and/or the Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of seven (7) days after being notified in writing to do so. 14. The Customer shall ensure that in any dealings with the Company, neither it or its employees or agents shall commit any offence under the Bribery Act 2010 (“the Act”) including not engaging in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Act. The Customer shall inform the Company immediately it becomes aware of any actions between the parties that could constitute an offence under the Act. 15. It is the Company’s and the Company’s group’s policy to comply with all applicable sanctions and legal requirements for the import and export of goods, technology and services. The Company is committed to ensuring compliance with all regulatory and licensing requirements relating to international trade. The Company does not permit the supply of any of its goods to any individuals, companies or organisations that are subject to any trade, economic or financial sanctions, embargoes or similar restrictive measures administered, enacted or enforced by the UK, EU, UN or USA (“Sanctioned Entities”). By entering into this Contract the Customer agrees not to re-sell or otherwise transfer the goods supplied by the Company, either directly or indirectly, to any Sanctioned Entities. 16. (a) For the purposes of this paragraph 16, (a) “Applicable Data Protection Laws” means (i) to the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data; (ii) to the extent the EU GDPR applies, the law of the law of the European Union or any member state of the European Union to which the Supplier is subject, which relates to the protection of personal data, in each case, as updated, amended or replaced from time to time; (b) “EU GDPR” means the General Data Protection Regulation ((EU) 2016/679), as it has effect in EU law; (c) “UK GDPR” has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018; and (d) the terms “Data Subject”, “Personal Data”, “processing”, “processor” and “controller” shall have the meanings set out in the UK GDPR. (b) Each party shall comply with the provisions and obligations imposed on it by the Applicable Data Protection Laws when processing Personal Data in connection with these Conditions. Such processing shall continue for so long as these Conditions are in force and shall be in respect of the following: (i) Categories of data: Contacts within each of the parties and the ultimate customer details;
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