Liability

Goods invoiced or supplied are not tested or sold as fit for any particular purpose and any term, warranty or condition express or implied or statutory to the contrary is excluded. In no circumstances whatsoever shall the Company’s liability (in contract tort or otherwise) to the Customer arising under, out of or in connection with this contract of the goods supplied hereunder exceed the invoice price of the particular goods or section of goods concerned.

All terms (express or implied) relating to the quality of goods are warranties only the breach of which gives no right to reject the goods or repudiate the contract in any circumstances whatsoever.

Notice of any claim arising out or in connection with this contract must be given in writing to the Company within seven days from the date when the goods are delivered failing which all claims shall be deemed to be waived and absolutely barred. In any event, the Company shall be under no liability for shortage or damage unless within three days of delivery the Customer gives written notice of claim to the carrier (otherwise than upon consignment note or delivery document) and the Company shall be under no liability whatsoever unless the Customer can prove to the Company’s satisfaction the identity of the goods complained of.