Common use of CUSTOMER REMEDIES Clause in Contracts

CUSTOMER REMEDIES. 5.1. If the Supplier (a) fails to deliver the Goods and/or the Goods do not comply with any of the undertakings or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s), the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights to: 5.1.1. terminate the Agreement with immediate effect by giving written notice to the Supplier; 5.1.2. reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; 5.1.3. require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; 5.1.4. require Supplier to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 5.1.6. recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; 5.1.7. require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 5.1.8. claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier’s breach. 5.2. Notwithstanding any other rights or remedies available to Customer if the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 3% of the price of the Goods for each week’s delay in delivery, up to a maximum of 15% of the total price of the Goods. In the event such delay continues for six (6) weeks or more, Customer may terminate the Agreement with immediate effect upon given Supplier written notice. 5.3. These Terms shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 5.4. The Customer’s rights under the Agreement are in addition to its rights and remedies implied by statute and common law.

CUSTOMER REMEDIES. 5.1. 6.1 If the Supplier (a) fails to deliver the Goods and/or the Goods do not comply with any of the undertakings or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s)date, the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights to: 5.1.1. rights: a to terminate the Agreement Contract with immediate effect by giving written notice to the Supplier;; b to refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; c to recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; d to require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and e to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier’s failure to meet such dates. 5.1.2. 6.2 If the Supplier has delivered Goods that do not comply with the undertakings set out in Clause 3.1, then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights, whether or not it has accepted the Goods: a to terminate the Contract with immediate effect by giving written notice to the Supplier; b to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; 5.1.3. ; c to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; 5.1.4. require Supplier Goods (if paid); d to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 5.1.6. ; e to recover from the Supplier any costs expenditure incurred by the Customer in obtaining substitute goods and/or services from a third party; 5.1.7. require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 5.1.8. and f to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to arising from the Supplier’s breachfailure to supply Goods in accordance with Clause 3.1. 5.2. Notwithstanding any other rights or remedies available to Customer if the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 3% of the price of the Goods for each week’s delay in delivery, up to a maximum of 15% of the total price of the Goods. In the event such delay continues for six (6) weeks or more, Customer may terminate the Agreement with immediate effect upon given Supplier written notice. 5.3. 6.3 These Terms Conditions shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 5.4. 6.4 The Customer’s rights under the Agreement Contract are in addition to its rights and remedies implied by statute and common law.

CUSTOMER REMEDIES. 5.1. 6.1 If the Supplier (a) fails to deliver the Goods and/or the Goods do not comply with any of the undertakings or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s)date, the Customer shall, without limiting or affecting its other rights or remedies available to itremedies, have one or more of the following rights torights: 5.1.1. (a) to terminate the Agreement Contract with immediate effect by giving written notice to the Supplier; 5.1.2. (b) to refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; (c) to recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; (d) where the Customer has paid in advance for Services that have not been provided by the Supplier and/or Goods which have not been delivered by the Supplier, to have such sums refunded by the Supplier; and (e) to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier's failure to meet such dates. 6.2 If the Supplier has delivered Goods that do not comply with the undertakings set out in clause 3.1, then, without limiting its other rights or remedies, the Customer shall have one or more of the following rights, whether or not it has accepted the Goods: (a) to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s 's own risk and expense; 5.1.3. (b) to terminate the Contract with immediate effect by giving written notice to the Supplier; (c) to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected GoodsGoods (if paid); 5.1.4. require Supplier (d) to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 5.1.6. (e) to recover from the Supplier any costs expenditure incurred by the Customer in obtaining substitute goods and/or services from a third party; 5.1.7. require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 5.1.8. (f) to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to arising from the Supplier’s breach's failure to supply Goods in accordance with clause 3.1. 5.2. Notwithstanding any other rights or remedies available to Customer if the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 3% of the price of the Goods for each week’s delay in delivery, up to a maximum of 15% of the total price of the Goods. In the event such delay continues for six (6) weeks or more, Customer may terminate the Agreement with immediate effect upon given Supplier written notice. 5.3. 6.3 These Terms Conditions shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 5.4. 6.4 The Customer’s 's rights under the Agreement this Contract are in addition to its rights and remedies implied by statute and common law.

CUSTOMER REMEDIES. 5.1. 6.1 If the Supplier (a) fails to deliver the Goods and/or the Goods do not comply with any of the undertakings or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s)date, the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights torights: 5.1.1. (a) to terminate the Agreement Contract with immediate effect by giving written notice to the Supplier; 5.1.2. (b) to refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; (c) to recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; (d) to require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and (e) to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier’s failure to meet such dates. 6.2 If the Supplier has delivered Goods that do not comply with the undertakings set out in Clause 3.1, then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights, whether or not it has accepted the Goods: (a) to terminate the Contract with immediate effect by giving written notice to the Supplier; (b) to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; 5.1.3. (c) to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected GoodsGoods (if paid); 5.1.4. require Supplier (d) to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 5.1.6. (e) to recover from the Supplier any costs expenditure incurred by the Customer in obtaining substitute goods and/or services from a third party; 5.1.7. require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 5.1.8. (f) to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to arising from the Supplier’s breachfailure to supply Goods in accordance with Clause 3.1. 5.2. Notwithstanding any other rights or remedies available to Customer if the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 3% of the price of the Goods for each week’s delay in delivery, up to a maximum of 15% of the total price of the Goods. In the event such delay continues for six (6) weeks or more, Customer may terminate the Agreement with immediate effect upon given Supplier written notice. 5.3. 6.3 These Terms Conditions shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 5.4. 6.4 The Customer’s rights under the Agreement Contract are in addition to its rights and remedies implied by statute and common law.

CUSTOMER REMEDIES. 5.1. 6.1 If the Supplier (a) fails to deliver the Goods and/or the Goods do not comply with any of the undertakings or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s)date, the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights torights: 5.1.1. (a) to terminate the Agreement Contract with immediate effect by giving written notice to the Supplier; 5.1.2. reject the Goods (in whole or in partb) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; 5.1.3. require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; 5.1.4. require Supplier to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 5.1.6. (c) to recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; 5.1.7. (d) to require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 5.1.8. (e) to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier’s breach's failure to meet such dates. 5.2. Notwithstanding any other rights or remedies available to Customer if 6.2 If the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 35% of the price of the Goods for each week’s 's delay in deliverydelivery by way of liquidated damages, up to a maximum of 1550% of the total price of the Goods. In If the event such delay continues for six Customer exercises its rights under this clause 6.2 it shall not be entitled to any of the remedies set out in clause 6.1 in respect of the Goods' late delivery. 6.3 If the Supplier has delivered Goods that do not comply with the undertakings set out in clause 3.1, then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights, whether or not it has accepted the Goods: (6a) weeks or more, Customer may to terminate the Agreement Contract with immediate effect upon given by giving written notice to the Supplier; (b) to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier written noticeat the Supplier's own risk and expense; (c) to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; (d) to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; (e) to recover from the Supplier any expenditure incurred by the Customer in obtaining substitute goods from a third party; and (f) to claim damages for any additional costs, loss or expenses incurred by the Customer arising from the Supplier's failure to supply Goods in accordance with clause 3.1. 5.3. 6.4 These Terms Conditions shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 5.4. 6.5 The Customer’s 's rights under the Agreement Contract are in addition to its rights and remedies implied by statute and common law.

CUSTOMER REMEDIES. 5.1. 7.1 If the Supplier (a) fails to deliver the Goods and/or perform the Goods do not comply with any of Services by the undertakings or warranties date set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s)Order, the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights torights: 5.1.1. (a) to terminate the Agreement Contract with immediate effect by giving written notice to the Supplier; 5.1.2. (b) to refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; (c) to recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party to include the difference in price between the price charged by the Supplier and the price paid to the third party; (d) to require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and (e) to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier’s failure to meet such dates of delivery. 7.2 If the Supplier has delivered Goods that do not comply with the undertakings set out in Clause 3.1, then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights, whether or not it has accepted the Goods: (a) to terminate the Contract with immediate effect by giving written notice to the Supplier; (b) to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; 5.1.3. (c) to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected GoodsGoods (if paid); 5.1.4. require Supplier (d) to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 5.1.6. (e) to recover from the Supplier any such additional costs incurred by the Customer in obtaining substitute goods and/or services from a third party; 5.1.7. require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 5.1.8. (f) to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to arising from the Supplier’s breachfailure to supply Goods in accordance with Clause 3.1. 5.2. Notwithstanding any other rights or remedies available to Customer if the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 3% of the price of the Goods for each week’s delay in delivery, up to a maximum of 15% of the total price of the Goods. In the event such delay continues for six (6) weeks or more, Customer may terminate the Agreement with immediate effect upon given Supplier written notice. 5.3. 7.3 These Terms Conditions shall extend to any substituted or remedial services and/or repaired repaired, spare or replacement goods supplied by the Supplier. 5.4. 7.4 The Customer’s rights under the Agreement Contract are in addition to its rights and remedies implied by statute and common law.

CUSTOMER REMEDIES. 5.1. 8.1 If the Supplier (a) fails to deliver the Goods and/or the Goods do not comply with any of the undertakings or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s)date or in compliance with its obligations under this Contract, the Customer shall, in its sole discretion and without limiting or affecting any of its other rights or remedies available to itremedies, have one or more of the following rights torights: 5.1.1. 8.1.1 terminate the Agreement this Contract with immediate effect by giving written notice to the Supplier; 5.1.28.1.2 refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 8.1.3 recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; 8.1.4 where the Customer has paid in advance for Services that have not been provided by the Supplier and/or Goods which have not been delivered by the Supplier, have such sums refunded by the Supplier; and,/or 8.1.5 claim damages for any Losses incurred by the Customer which are in any way attributable to the Supplier's failure. 8.2 If any Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct five per cent (5%) of the price of the Goods for each week's delay in delivery by way of liquidated damages, up to a maximum of twenty per cent (20%) of the total price of the Goods relating to the applicable Order. If the Customer exercises its rights under this clause, it shall not be entitled to any of the remedies set out in clause 8.1 in respect of the late delivery of the Goods. 8.3 If the Supplier has delivered Goods that do not comply with the undertakings set out in clause 4.2, then, without limiting the Customer’s other rights or remedies, the Customer may exercise one or more of the following rights, whether or not it has accepted the Goods: 8.3.1 reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s 's own risk and expense; 5.1.3. 8.3.2 terminate this Contract with immediate effect by giving written notice to the Supplier; 8.3.3 require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected GoodsGoods if paid; 5.1.4. require Supplier to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. 8.3.4 refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 5.1.6. 8.3.5 recover from the Supplier any costs expenditure incurred by the Customer in obtaining substitute goods and/or services from a third party; 5.1.7. require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 5.1.8. 8.3.6 claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to arising from the Supplier’s breach's failure to supply Goods under clause 4.2. 5.2. Notwithstanding any other rights or remedies available to Customer if the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 3% of the price of the Goods for each week’s delay in delivery, up to a maximum of 15% of the total price of the Goods. In the event such delay continues for six (6) weeks or more, Customer may terminate the Agreement with immediate effect upon given Supplier written notice. 5.3. 8.4 These Terms Conditions shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 5.4. The Customer’s rights under the Agreement are in addition to its rights and remedies implied by statute and common law.

CUSTOMER REMEDIES. 5.1. 6.1 If the Supplier (a) fails to deliver the Goods and/or the Goods do not comply with any of the undertakings or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s)date, the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights torights: 5.1.1. 6.1.1 to terminate the Agreement Contract with immediate effect by giving written notice to the Supplier; 5.1.26.1.2 to refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 6.1.3 to recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; 6.1.4 to require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 6.1.5 to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier’s failure to meet such dates. 6.2 If the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 5% of the price of the Goods for each week’s delay in delivery by way of liquidated damages, up to a maximum of 5% of the total price of the Goods. If the Customer exercises its rights under this clause 6.2 it shall not be entitled to any of the remedies set out in clause 6.1 in respect of the Goods’ late delivery. 6.3 If the Supplier has delivered Goods that do not comply with the undertakings set out in clause 3.1, then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights, whether or not it has accepted the Goods: 6.3.1 to terminate the Contract with immediate effect by giving written notice to the Supplier; 6.3.2 to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; 5.1.3. 6.3.3 to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected GoodsGoods (if paid); 5.1.4. require Supplier 6.3.4 to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 5.1.6. 6.3.5 to recover from the Supplier any costs expenditure incurred by the Customer in obtaining substitute goods and/or services from a third party; 5.1.7. require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 5.1.8. claim damages for any additional costs, loss 9.1 All Intellectual Property Rights in or expenses incurred by arising out of or in connection with the Customer which are Services (other than Intellectual Property Rights in any way attributable to the Supplier’s breach. 5.2. Notwithstanding any other rights or remedies available to Customer if the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 3% of the price of the Goods for each week’s delay in delivery, up to a maximum of 15% of the total price of the Goods. In the event such delay continues for six (6Materials) weeks or more, Customer may terminate the Agreement with immediate effect upon given Supplier written notice. 5.3. These Terms shall extend to any substituted or remedial services and/or repaired or replacement goods supplied be owned by the Supplier. 5.4. 9.2 The Supplier grants to the Customer’s , or shall procure the direct grant to the Customer of, a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to copy and modify the Deliverables (excluding Customer Materials) for the purpose of receiving and using the Services and the Deliverables. 9.3 The Customer shall not sub-license, assign or otherwise transfer the rights under granted by clause 9.2. 9.4 The Customer grants the Agreement Supplier a fully paid-up, non-exclusive, royalty-free non-transferable licence to copy and modify any materials provided by the Customer to the Supplier for the term of the Contract for the purpose of providing the Services to the Customer. 9.5 All Customer Materials are in addition to its rights and remedies implied by statute and common lawthe exclusive property of the Customer.

CUSTOMER REMEDIES. 5.1. 6.1 If the Supplier (a) fails to deliver the Goods and/or the Goods do not comply with any of the undertakings or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s)date, the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights torights: 5.1.1. (a) to terminate the Agreement Contract with immediate effect by giving written notice to the Supplier; 5.1.2. reject the Goods (in whole or in partb) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; 5.1.3. require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; 5.1.4. require Supplier to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 5.1.6. (c) to recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; 5.1.7. (d) to require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 5.1.8. (e) to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier’s breach's failure to meet such dates. 5.2. Notwithstanding any other rights or remedies available to Customer if 6.2 If the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 32% of Of the price of the Goods for each week’s 's delay in deliverydelivery by way of liquidated damages, up to a maximum of 1510% of the total price of the Goods. In If the event such delay continues for six Customer exercises its rights under this clause 6.2 it shall not be entitled to any of the remedies set out in clause 6.1 in respect of the Goods' late delivery. If the Supplier has delivered Goods that do not comply with the undertakings set out in clause 3.1, then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights, whether or not it has accepted the Goods: (6a) weeks or more, Customer may to terminate the Agreement Contract with immediate effect upon given by giving written notice to the Supplier; (b) to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier written noticeat the Supplier's own risk and expense; (c) to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods (if paid); (d) to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; (e) to recover from the Supplier any expenditure incurred by the Customer in obtaining substitute goods from a third party; and (f) to claim damages for any additional costs, loss or expenses incurred by the Customer arising from the Supplier's failure to supply Goods in accordance with clause 3.1. 5.3. 6.3 These Terms Conditions shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 5.4. 6.4 The Customer’s 's rights under the Agreement Contract are in addition to its rights and remedies implied by statute and common law.

CUSTOMER REMEDIES. 5.1. 5.1 If the Supplier (a) fails to deliver the Goods and/or the Goods do not comply with any of the undertakings or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s)date, the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights torights: 5.1.1. (a) to terminate the Agreement Contract with immediate effect by giving written notice to the Supplier; 5.1.2. reject the Goods (in whole or in partb) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; 5.1.3. require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; 5.1.4. require Supplier to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 5.1.6. (c) to recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; 5.1.7. (d) to require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 5.1.8. (e) to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier’s breach's failure to meet such dates. 5.2. Notwithstanding any other rights or remedies available to Customer if 5.2 If the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 3% of the price of the Goods for each week’s 's delay (or part thereof) in deliverydelivery by way of liquidated damages, up to a maximum of 15% of the total price of the Goods. In If the event such delay continues for six Customer exercises its rights under this clause 5.2 it shall not be entitled to any of the remedies set out in clause 5.1 in respect of the Goods' late delivery. 5.3 If the Supplier has delivered Goods that do not comply with the undertakings set out in clause 3.1, then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights, whether or not it has accepted the Goods: (6a) weeks or more, Customer may to terminate the Agreement Contract with immediate effect upon given by giving written notice to the Supplier; (b) to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier written noticeat the Supplier's own risk and expense; (c) to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods (if paid); (d) to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; (e) to recover from the Supplier any expenditure incurred by the Customer in obtaining substitute goods from a third party; and (f) to claim damages for any additional costs, loss or expenses incurred by the Customer arising from the Supplier's failure to supply Goods in accordance with clause 3.1. 5.3. 5.4 These Terms Conditions shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 5.4. 5.5 The Customer’s 's rights under the Agreement Contract are in addition to its rights and remedies implied by statute and common law.

CUSTOMER REMEDIES. 5.1. 6.1 If the Supplier (a) fails to deliver the Goods and/or perform the Services by the applicable date, or delivers Goods that do not comply with any of the undertakings or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s), 3.1 then the Customer shall, without limiting or affecting other rights or remedies available to itit and whether or not it has accepted the Goods, have one or more of the following rights torights: 5.1.1. 6.1.1 to terminate the Agreement Contract with immediate effect by giving written notice to the Supplier; 5.1.2. reject the Goods (in whole or in part) whether or not title has passed and 6.1.2 to return them to the Supplier at the Supplier’s own risk and expense; 5.1.3. require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; 5.1.4. require Supplier to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 5.1.6. 6.1.3 to recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; 5.1.7. 6.1.4 to require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and; 5.1.8. 6.1.5 to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier’s breach.'s failure to meet such dates or to supply Goods in accordance with clause 3.1; and 5.2. Notwithstanding 6.1.6 in respect of any other rights or remedies available Goods which do not comply with the undertakings set out in clause 3.1 only, to Customer if reject the Goods are not delivered by and require the applicable dateSupplier to repair or replace the rejected Goods, the Customer may, at its option, claim or deduct 3% to provide a full refund of the price of the rejected Goods for each week’s delay in delivery, up to a maximum of 15% of the total price of the Goods. In the event such delay continues for six (6) weeks or more, Customer may terminate the Agreement with immediate effect upon given Supplier written noticeif paid). 5.3. 6.2 These Terms Conditions shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 5.4. 6.3 The Customer’s 's rights under the Agreement Contract are in addition to its rights and remedies implied by statute and common law.

CUSTOMER REMEDIES. 5.16.1. If the Supplier (a) fails to deliver the Goods and/or the Goods do not comply with any of the undertakings or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s)date, the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights torights: 5.1.16.1.1. to terminate the Agreement Contract with immediate effect by giving written notice to the Supplier; 5.1.26.1.2. to refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 6.1.3. to recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; 6.1.4. to require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 6.1.5. to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way 6.2. If the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 1% of the price of the Goods for each week’s delay in delivery by way of liquidated damages, up to a maximum of 10% of the total price of the Goods. If the Customer exercises its rights under this Clause 6.2 it shall not be entitled to any of the remedies set out in Clause 6.1 in respect of the Goods’ late delivery. 6.3. If the Supplier has delivered Goods that do not comply with the undertakings set out in Clause 3.1, then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights, whether or not it has accepted the Goods: 6.3.1. to terminate the Contract with immediate effect by giving written notice to the Supplier; 6.3.2. to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; 5.1.36.3.3. to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected GoodsGoods (if paid); 5.1.46.3.4. require Supplier to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 5.1.66.3.5. to recover from the Supplier any costs expenditure incurred by the Customer in obtaining substitute goods and/or services from a third party; 5.1.7. require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 5.1.86.3.6. to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier’s breach.arising from the 5.2. Notwithstanding any other rights or remedies available to Customer if the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 3% of the price of the Goods for each week’s delay in delivery, up to a maximum of 15% of the total price of the Goods. In the event such delay continues for six (6) weeks or more, Customer may terminate the Agreement with immediate effect upon given Supplier written notice. 5.36.4. These Terms Conditions shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 5.46.5. The Customer’s rights under the Agreement Contract are in addition to its rights and remedies implied by statute and common law.common

CUSTOMER REMEDIES. 5.1. 6.1 If the Supplier (a) Contractor fails to deliver the Goods and/or the Goods do not comply with any of the undertakings or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s)date or within a satisfactory timeframe as deemed by the Client, the Customer shallClient, without limiting or affecting other rights or remedies available to it, have one or more of the following rights torights: 5.1.1. (a) to terminate the Agreement Contract with immediate effect by giving written notice to the SupplierContractor; 5.1.2. (b) to refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Contractor attempts to make; (c) to recover from the Contractor any costs incurred by the Agent and/or the Client in obtaining substitute goods and/or services from a third party; (d) to require a refund from the Contractor of sums paid in advance for Services that the Contractor has not provided and/or Goods that it has not delivered; and (e) to claim damages for any additional costs, loss or expenses incurred by the Agent and/or the Client which are in any way attributable to the Contractor’s failure to meet such dates. 6.2 If the Contractor has delivered Goods that do not comply with the undertakings set out in Clause 3.1, then, without limiting or affecting other rights or remedies available to it, the Client shall have one or more of the following rights, whether or not it has accepted the Goods: (a) to terminate the Contract with immediate effect by giving written notice to the Contractor; (b) to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier Contractor at the SupplierContractor’s own risk and expense; 5.1.3. (c) to require the Supplier Contractor to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; 5.1.4. require Supplier (d) to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier Contractor attempts to make; 5.1.6. (e) to recover from the Supplier Contractor any costs expenditure incurred by the Customer Client in obtaining substitute goods and/or services from a third party; 5.1.7. require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 5.1.8. (f) to claim damages for any additional costs, loss or expenses incurred by the Customer which are Client arising from the Contractor’s failure to supply Goods in any way attributable to the Supplier’s breachaccordance with Clause 3.1. 5.2. Notwithstanding any other rights or remedies available to Customer if the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 3% of the price of the Goods for each week’s delay in delivery, up to a maximum of 15% of the total price of the Goods. In the event such delay continues for six (6) weeks or more, Customer may terminate the Agreement with immediate effect upon given Supplier written notice. 5.3. 6.4 These Terms Conditions shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the SupplierContractor. 5.4. 6.5 The CustomerAgent’s and/or the Client’s rights under the Agreement Contract are in addition to its rights and remedies implied by statute and common law.

CUSTOMER REMEDIES. 5.16.1. If the Supplier (a) fails to deliver the Goods and/or the Goods do not comply with any of the undertakings or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s)date, the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights torights: 5.1.16.1.1. to terminate the Agreement Contract with immediate effect by giving written notice to the Supplier; 5.1.26.1.2. to refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 6.1.3. to recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; 6.1.4. to require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 6.1.5. to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier’s failure to meet such dates. 6.2. If the Supplier has delivered Goods that do not comply with the undertakings set out in Clause 3.1, then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights, whether or not it has accepted the Goods: 6.2.1. to terminate the Contract with immediate effect by giving written notice to the Supplier; 6.2.2. to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; 5.1.36.2.3. to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected GoodsGoods (if paid); 5.1.46.2.4. require Supplier to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 5.1.66.2.5. to recover from the Supplier any costs expenditure incurred by the Customer in obtaining substitute goods and/or services from a third party; 5.1.7. require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 5.1.86.2.6. to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to arising from the Supplier’s breachfailure to supply Goods in accordance with Clause 3.1. 5.2. Notwithstanding any other rights or remedies available to Customer if the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 3% of the price of the Goods for each week’s delay in delivery, up to a maximum of 15% of the total price of the Goods. In the event such delay continues for six (6) weeks or more, Customer may terminate the Agreement with immediate effect upon given Supplier written notice. 5.36.3. These Terms Conditions shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 5.46.4. The Customer’s rights under the Agreement Contract are in addition to its rights and remedies implied by statute and common law.

CUSTOMER REMEDIES. 5.1. 7.1 If the Supplier (a) fails to deliver the Goods and/or by the Goods do not comply with any of the undertakings applicable date or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s)5.2, the Customer shall, without limiting or affecting other rights or remedies available to it, have any one or more of the following rights to:and remedies:‌ 5.1.1. 7.1.1 to terminate the Agreement Contract with immediate effect by giving written notice to the Supplier; 5.1.2. 7.1.2 to refuse to accept any subsequent performance of the Services or delivery of the Goods which the Supplier attempts to make; 7.1.3 to recover from the Supplier any costs incurred by the Customer in obtaining substitute goods or services from a third party; 7.1.4 to require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided or Goods that it has not delivered; and 7.1.5 to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier's failure to meet such dates. 7.2 If the Supplier has delivered Goods that do not comply with the undertakings set out in clause 3.1, then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights and remedies, whether or not it has accepted the Goods: 7.2.1 to terminate the Contract with immediate effect by giving written notice to the Supplier; 7.2.2 to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s 's own risk and expense; 5.1.3. 7.2.3 to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; 5.1.4. require Supplier 7.2.4 to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 5.1.6. 7.2.5 to recover from the Supplier any costs expenditure incurred by the Customer in obtaining substitute goods and/or services from a third party; 5.1.7. require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 5.1.8. 7.2.6 to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to arising from the Supplier’s breach's failure to supply Goods in accordance with clause 3.1. 5.2. Notwithstanding any other rights or remedies available to Customer if 7.3 If the Goods are Supplier has supplied Services that do not delivered by comply with the applicable date, the Customer may, at its option, claim or deduct 3% requirements of the price of the Goods for each week’s delay in delivery, up to a maximum of 15% of the total price of the Goods. In the event such delay continues for six (6) weeks or more, Customer may terminate the Agreement with immediate effect upon given Supplier written notice. 5.3. These Terms shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 5.4. The Customer’s rights under the Agreement are in addition to its rights and remedies implied by statute and common law.clause

CUSTOMER REMEDIES. 5.17.1. If the Supplier (a) fails to deliver the Goods and/or by the Goods do not comply with any of the undertakings applicable date or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s)date, or both, the Customer shall, without limiting or affecting other rights or remedies available to it, have any one or more of the following rights toand remedies: 5.1.17.1.1. to terminate the Agreement Contract with immediate effect by giving written notice to the Supplier; 5.1.27.1.2. reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; 5.1.3. require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; 5.1.4. require Supplier to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 5.1.67.1.3. to recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; 5.1.77.1.4. to require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 5.1.87.1.5. to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier’s breach's failure to meet such dates. 5.27.2. Notwithstanding any other rights or remedies available to Customer if If the Goods are not delivered by the applicable date or the Services are not performed by the applicable date, or both, the Customer may, at its option, claim or deduct 30.5% of the price of the Goods for each week’s 's delay in deliverydelivery of the Goods and/or claim or deduct 0.5% of the price of the Services for each week's delay in performance of the Services, in each case by way of liquidated damages, until the earlier of delivery of the Goods or performance of the Services, as applicable, or termination or abandonment of the Contract by the Customer, up to a maximum of 155% of the total price of the Goods (in respect of late delivery of the Goods) and up to a maximum of 5% of the total price of the Services (in respect of late performance of the Services). If the Customer exercises its rights in respect of late delivery under this clause 7.2 it shall not be entitled to any of the remedies set out in clause 7.1 in respect of the late delivery of the Goods. In If the event such delay continues for six (6) weeks Customer exercises its rights in respect of late performance under this clause 7.2 it shall not be entitled to any of the remedies set out in clause 7.1 in respect of the late performance of the Services. 7.3. If the Supplier has delivered Goods that do not comply with the undertakings set out in clause 4.1, then, without limiting or moreaffecting other rights or remedies available to it, the Customer may shall have one or more of the following rights and remedies, whether or not it has accepted the Goods: 7.3.1. to terminate the Agreement Contract with immediate effect upon given by giving written notice to the Supplier; 7.3.2. to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier written noticeat the Supplier's own risk and expense; 7.3.3. to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods (if paid); 7.3.4. to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; 7.3.5. to recover from the Supplier any expenditure incurred by the Customer in obtaining substitute goods from a third party; and 7.3.6. to claim damages for any additional costs, loss or expenses incurred by the Customer arising from the Supplier's failure to supply Goods in accordance with clause 4.1. 5.37.4. These Terms shall extend to any substituted or remedial services and/or repaired or replacement goods If the Supplier has supplied by Services that do not comply with the Supplier. 5.4. The Customer’s rights under the Agreement are in addition to its rights and remedies implied by statute and common law.requirements of clause

CUSTOMER REMEDIES. 5.1. 6.1 If the Supplier (a) fails to deliver the Goods and/or the Goods do not comply with any of the undertakings or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s)date, the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights torights: 5.1.1. (a) to terminate the Agreement Contract with immediate effect by giving written notice to the Supplier; 5.1.2. reject the Goods (in whole or in partb) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; 5.1.3. require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; 5.1.4. require Supplier to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 5.1.6. (c) to recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; 5.1.7. (d) to require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 5.1.8. (e) to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier’s breach's failure to meet such dates. 5.2. Notwithstanding any other rights or remedies available to Customer if 6.2 If the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 31% of the price of the Goods for each week’s 's delay in deliverydelivery by way of liquidated damages, up to a maximum of 155% of the total price of the Goods. In If the event such delay continues for six Customer exercises its rights under this clause 6.2 it shall not be entitled to any of the remedies set out in clause 6.1 in respect of the Goods' late delivery. 6.3 If the Supplier has delivered Goods that do not comply with the undertakings set out in clause 3.1, then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights, whether or not it has accepted the Goods: (6a) weeks or more, Customer may to terminate the Agreement Contract with immediate effect upon given by giving written notice to the Supplier; (b) to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier written noticeat the Supplier's own risk and expense; (c) to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods (if paid); (d) to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; (e) to recover from the Supplier any expenditure incurred by the Customer in obtaining substitute goods from a third party; and (f) to claim damages for any additional costs, loss or expenses incurred by the Customer arising from the Supplier's failure to supply Goods in accordance with clause 3.1. 5.3. 6.4 These Terms Conditions shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 5.4. 6.5 The Customer’s 's rights under the Agreement Contract are in addition to its rights and remedies implied by statute and common law.