(c) WHERE TENDER INCLUDES INSTALLATION OR OTHER WORK - the site specified for installation or other works; providing that we shall not be liable for damage caused during unloading. 7. Returns Any goods agreed by the Company as acceptable for return, excluding faulty goods, will be subject to a 20% restocking charge of the invoiced price along with any further reimbursement of expenses incurred by the Company, including return carriage costs. Goods or parts damaged during transit shall be replaced free of charge providing: (a) that the Buyer notifies us within three days of receipt of any damages or shortages; and (b) that delivery notes have been clearly marked as damaged; and (c) that damaged goods are returned to us within 14 days in the event of non-arrival or shortage of goods, no claim will be entertained unless we receive written confirmation of nonarrival within fourteen days of our dispatch date. 8. Cancellation If a Buyer cancels an order for standard items of equipment after that order has been dispatched, we reserve the right to hold the Buyer liable to pay 20% of the invoice price to cover administrative and other costs. For an item of equipment which has been made or purchased to the Buyers specific requirements this will be deemed to be neither returnable nor refundable unless the equipment is faulty. The item will be delivered as initially agreed. 9. Warranty This section applies only to equipment of our own manufacture which bears our nameplate and/or trademark. We undertake to replace, free of charge or to rectify any piece of equipment which is found to be faulty in material or workmanship within twelve calendar months from the date of dispatch from our works (or by special agreement from the date of installation) providing that it has been used under normal conditions. This guarantee covers breakdowns experienced during normal working conditions inclusive of fair wear and tear. However, equipment failure as a result of neglect and/or misuse and failure to maintain the equipment as directed in the product instruction manuals will not be covered by the guarantee. A copy of our most up to date warranty policy is available on our website. Equipment which is the subject of a guaranteed claim should be returned to us for inspection. We regret that we cannot accept liability for any item which has been repaired before we have been able to inspect it or given authority for repair work to be carried out or in cases where other than genuine Falcon components have been used. We undertake to replace free of charge or to rectify any part which is found to be faulty in material or workmanship within three calendar months from the date of dispatch, providing that it has been used under normal conditions. This guarantee excludes breakdowns from fair wear and tear, misuse or damage and faulty installation by other contractors. Where parts or equipment is not of our manufacture, our liability is confined to the guarantee given to us by the maker. We do not undertake to pay for the cost of disconnecting or reconnecting any equipment or the carriage charges involved in returning it to us.
10. Liability and Indemnity 10.1 - Nothing in these Conditions shall limit or exclude either Party’s liability for death or personal injury caused by its negligence, or the negligence of its employees, agents, or subcontractors (as applicable); fraud or fraudulent misrepresentation; or in respect of any matter where it would be unlawful to exclude or restrict liability. 10.2 - Subject to clause 10.1, we shall under no circumstances whatever be liable to you, whether in contract, tort (including without limitation negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, loss of goodwill, loss of revenue, or loss of anticipated savings (whether direct or indirect in each case) or for any indirect or consequential loss arising under or in connection with the Contract. Subject to Clause 10.1, the Company’s total aggregate liability arising under or in connection with the Contract, whether in contract, tort (including without limitation negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed a sum equivalent to the price of the Goods purchased under the Contract. The Buyer shall indemnify the Supplier in respect of all damage, injury or loss occurring to any person or property and against all actions, suits, claims, demands, charges or expense in connection therewith arising from the condition or use of the goods in the event that the damage, injury or loss shall have been occasioned partly or wholly by the carelessness of the Buyer or his servants, invitees or agents or by any breach by the Buyer of its obligations to the Company hereunder. 11. Force Majeure The Company shall not be liable in respect of any breach of contract due to any cause beyond its reasonable control including Act of God, inclement weather, flood, lightening or fire, industrial action or lock outs, epidemics or pandemics, actions of government department, was, riot, or terrorism or the action of any party for whom the Company is not directly responsible. 12. Severability If any condition or part of the Contract is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from the Contract and will be ineffective without, as far as possible, modifying any other provision or part of the Contract and this will not affect any other provisions of the Contract which will remain in full force and effect. The company reserves the right to amend its policy without notice. Please refer to our website for the most recent copy of these terms and conditions.
www.falconfoodservice.com
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