8. Delivery and Weights: Delivery will be at the Seller’s option within the movement period and may be made in one or more consignments unless otherwise expressly agreed. Payment shall be made against declared ex- store/ex-works/ex-quay weights or number of bags as appropriate, confirmation of which shall be made available by the Seller in the event of a dispute. 9. Ownership and Risk: a. Ownership shall pass when the goods are paid for by the Buyer. b. Risk shall pass to the Buyer either: i. on collection or delivery of the goods, or ii. for goods sold ex-factory, warehouse or quay, on collection, or iii. for goods not collected by the end of the movement period, on expiry of the movement delivery. 10. Rent and Insurance: Rent and Insurance shall be for the account of the Seller until either: a. collection or delivery of the goods, or b. if the goods are not collected or delivered by the end of the movement delivery, on expiry of the movement delivery, providing the seller has notified the buyer before the expiration of the movement delivery of the availability of the goods for collection / delivery. Thereafter rent and insurance shall be for the account of the Buyer. 11. Claims: a. Claims based on defects of quantity, quality or condition which shall be apparent upon reasonable inspection must be advised as soon as possible and confirmed by the Buyer by fax, e-mail or other electronic means or by letter sent by first class post, within two business days from the arrival of the goods at their ultimate destination in the United Kingdom or from when risk passes in accordance with clause 9(b). In the event of this contract being one of a series of contracts, all claims shall be passed on without delay after receipt and if so passed on shall be deemed to be proper claims from Buyer to Seller as required by the provision of this clause whether within the two business days period or not. b. All claims other than those in (a) above must be notified so as to be received by the Seller within 90 consecutive days from the last day of the movement period with the same proviso as to series of contracts as in (a) above. 12. Liability: Whenever a product is ordered by the Buyer under a brand name and is delivered to them by the Seller in the manufacturer's original packaging then under no circumstances whatsoever does the Seller accept any greater liability for any injury, damage and/or loss that the product may cause to the Buyer than is accepted by the manufacturer of the said product themselves. Without prejudice to the generality of the above disclaimer of liability the Buyer should note that the manufacturer of the goods does not accept any liability for injury damage and/or loss arising from the use of goods manufactured by them if the use to which the goods are put is not one of those set out on their own label or in the technical instructions delivered with the said goods, nor will they do so if the Buyer has failed to observe the instructions for use supplied with the goods or any statutory requirements and/or the requirements of any relevant industry Codes of Practice. Save for liability for death or personal injury caused by the negligence of the Seller and/or such servants or agents of the Seller for whom they are deemed in law to be responsible, or any liability for defective goods under any United Kingdom Statute or Regulations made thereunder which imposes specific conditions and/or warranties and provides that these cannot be excluded by the parties to the contract, the Seller shall not be under any liability to the Buyer nor to any third party claiming through them in respect of defects in goods delivered whether patent or latent, nor for any injury, damage and/or loss resulting directly or indirectly from such defects howsoever caused and except as provided above no warranty or condition whether express or implied by law statute or custom of trade as to the quality or fitness for any particular purpose or merchantability of such goods is given. The Buyer holds himself out as entering into this contract in the course of business. The Seller when supplying goods under a brand name (whether such goods are manufactured by the Seller or by a third party) warrants only that such goods will be of satisfactory quality under their original description and will be fit for any particular purpose for which they have at any time been held out to be fit under that brand name. It is neither a condition nor a warranty of this contract that goods sold under the said brand name will at all times consist of the same ingredients and/or the same proportion of ingredients. The Seller accepts no liability whatsoever for any injury, damage and/or loss of whatever description and whether direct or consequential which such change may cause to the Buyer. Without prejudice to the generality of the disclaimer of liability above the Seller at their sole discretion undertakes to replace allegedly defective goods or to refund to the Buyer up to the invoice price of such goods where the Seller is satisfied that they are responsible. Under no circumstances whatsoever shall the Seller's liability under this clause exceed the invoice price of any allegedly defective goods. Save as already elsewhere provided and for such replacement and/or refund the Seller shall not under any circumstances whatsoever be liable to the Buyer for any loss and/or damage whether direct or consequential.
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