Common use of DEFECTIVE GOODS Clause in Contracts

DEFECTIVE GOODS. 10.1 If on delivery any of the Goods are defective in any material respect and either the Customer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery as “condition and contents unknown” the Customer gives written notice of such defect to the Supplier within 30 Business Days of such delivery, the Supplier shall at its option: 10.1.1 replace the defective Goods within 60 Business Days of receiving the Customer’s notice; or 10.1.2 refund to the Customer the price for those Goods (or parts thereof, as appropriate) which are defective; but the Supplier shall have no further liability to the Customer in respect thereof and the Customer may not reject the Goods if delivery is not refused or notice given by the Customer as set out above. 10.2 No Goods may be returned to the Supplier without the prior agreement in writing of the Supplier. Subject thereto any Goods returned which the Supplier is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Supplier’s sole discretion the Supplier shall refund or credit to the Customer the price of such defective Goods but the Supplier shall have no further liability to the Customer. 10.3 The Supplier shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Supplier’s instructions (whether given orally or in writing), misuse or alteration of the Goods without the Supplier’s prior approval, or any other act or omission on the part of the Customer, its employees or agents or any third party. 10.4 Goods, other than defective Goods returned under sub-Clauses 10.1 or 10.2, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier’s sole discretion and without any obligation on the part of the Supplier. 10.5 Subject as expressly provided in these Terms and Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 10.6 The Customer shall be responsible for ensuring that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer is in compliance with all applicable statutory requirements and that handling and sale of the Goods by the Customer is carried out in accordance with directions given by the Supplier or any competent governmental or regulatory authority and the Customer will indemnify the Supplier against any liability loss or damage which the Supplier might suffer as a result of the Customer’s failure to comply with this condition.

DEFECTIVE GOODS. 10.1 12.1 If on delivery any of the Goods are defective in any material respect and either the Customer Buyer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery as “"condition and contents unknown” " the Customer Buyer gives written notice of such defect to the Supplier Seller within 30 Business Days three business days of such delivery, the Supplier Seller shall at its option:option:- 10.1.1 12.1.1 replace the defective Goods within 60 Business Days 14 days of receiving the Customer’s Buyer's notice; or 10.1.2 12.1.2 refund to the Customer Buyer the price for those Goods (or parts thereof, as appropriate) the goods which are defective; but b)but the Supplier Seller shall have no further liability to the Customer Buyer in respect thereof and the Customer Buyer may not reject the Goods if delivery is not refused or notice given give by the Customer Buyer as set out aboveaforesaid. 10.2 12.2 No Goods may be returned to the Supplier Seller without the prior agreement in writing of the SupplierSeller. Subject thereto any Goods returned which the Supplier Seller is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Supplier’s Seller's sole discretion the Supplier Seller shall refund or credit to the Customer Buyer the price of such defective Goods but the Supplier Seller shall have no further liability to the CustomerBuyer. 10.3 12.3 If the Buyer purchases any Goods within six months of the launch of such goods the Buyer shall have the right to return the Goods or any part of such order within 1 month of delivery, provided always that the Buyer exercising such right shall:- 12.3.1 return such goods at his risk and cost; and 12.3.2 indemnify the Seller against any cost incurred by the Seller in rectifying any deterioration of the Goods caused by incorrect storage or use while in the Buyer's hands. 12.4 The Supplier Seller shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Supplier’s Seller's instructions (whether given orally oral or in writing), misuse or alteration of the Goods without the Supplier’s prior Seller's approval, or any other act or omission on the part of the CustomerBuyer, its employees or agents or any third party. 10.4 Goods, other than defective Goods returned under sub-Clauses 10.1 or 10.2, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier’s sole discretion and without any obligation on the part of the Supplier. 10.5 12.5 Subject as expressly provided in these Terms and Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 10.6 12.6 Where the Goods are sold under a consumer sale the statutory rights of the Buyer are not affected by these Conditions. 12.7 Except in respect of death or personal injury caused by the Seller's negligence, or as expressly provided in these Conditions, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, or under the express terms of the Contract, for any direct or consequential loss or damage sustained by the Buyer (including without limitation loss of profit or indirect or special loss), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its servants or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer. 12.8 The Customer Buyer shall be responsible for ensuring to ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer Buyer is in compliance with all applicable statutory requirements and that handling and sale of the Goods by the Customer Buyer is carried out in accordance with directions given by the Supplier Seller or any competent governmental or regulatory authority and the Customer Buyer will indemnify the Supplier Seller against any liability loss or damage which the Supplier Seller might suffer as a result of the Customer’s Buyer's failure to comply with this condition.

DEFECTIVE GOODS. 10.1 13.1 If on delivery any of the Goods are defective in any material respect and either the Customer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery as “condition and contents unknown” the Customer gives written notice of such defect to the Supplier within 30 Business Days 7 days of such delivery, the Supplier shall at its optionoption and in its absolute discretion: 10.1.1 13.1.1 repair the defective Goods within a reasonable period or 13.1.2 replace the defective Goods within 60 Business Days of receiving the Customer’s notice; ora reasonable period; 10.1.2 13.1.3 refund to the Customer the price for those Goods (or parts thereof, as appropriate) which are defective; but the Supplier shall have no further liability to the Customer in respect thereof and the Customer may not reject the Goods if delivery is not refused or notice given by the Customer as set out above.; 10.2 13.2 No Goods may be returned to the Supplier without the prior agreement in writing of the Supplier. Subject thereto any Goods returned which the Supplier is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be repaired or replaced free of charge or, at the Supplier’s sole discretion the Supplier shall refund or credit to the Customer the price of such defective Goods but the Supplier shall have no further liability to the Customer. 10.3 13.3 The Supplier shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Supplier’s instructions (whether given orally or in writing), misuse or alteration of the Goods without the Supplier’s prior approval, or any other act or omission on the part of the Customer, its employees or agents or any third party. 10.4 13.4 Goods, other than defective Goods returned under sub-Clauses 10.1 13.1 or 10.213.2, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier’s sole discretion and without any obligation on the part of the Supplier. 10.5 13.5 Subject as expressly provided in these Terms and Conditions, Conditions (and except where the Goods are sold under to a consumer sale, Customer who is a consumer) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 10.6 13.6 The Customer shall be responsible for ensuring that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer is in compliance with all applicable statutory requirements and that handling and sale of the Goods by the Customer is carried out in accordance with directions given by the Supplier or any competent governmental or regulatory authority and the Customer will indemnify the Supplier against any liability loss or damage which the Supplier might suffer as a result of the Customer’s failure to comply with this condition.

DEFECTIVE GOODS. 10.1 12.1 If on delivery any of the Goods are defective in any material respect and either the Customer Buyer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery as “condition and contents unknown” the Customer Buyer gives written notice of such defect to the Supplier Seller within 30 5 Business Days of such delivery, the Supplier Seller shall at its option: 10.1.1 12.1.1 replace the defective Goods within 60 30 Business Days of receiving the CustomerBuyer’s notice; or 10.1.2 12.1.2 refund to the Customer Buyer the price for those Goods (or parts thereof, as appropriate) which are defective; but the Supplier Seller shall have no further liability to the Customer Buyer in respect thereof and the Customer Buyer may not reject the Goods if delivery is not refused or notice given by the Customer Buyer as set out above. 10.2 12.2 No Goods may be returned to the Supplier Seller without the prior agreement in writing of the SupplierSeller. Subject thereto any Goods returned which the Supplier Seller is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the SupplierSeller’s sole discretion the Supplier Seller shall refund or credit to the Customer Buyer the price of such defective Goods but the Supplier Seller shall have no further liability to the CustomerBuyer. 10.3 12.3 The Supplier Seller shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the SupplierSeller’s instructions (whether given orally or in writing), misuse or alteration of the Goods without the SupplierSeller’s prior approval, or any other act or omission on the part of the CustomerBuyer, its employees or agents or any third party. 10.4 Goods, other than defective Goods returned under sub-Clauses 10.1 or 10.2, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier’s sole discretion and without any obligation on the part of the Supplier. 10.5 12.4 Subject as expressly provided in these Terms and Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 10.6 12.5 Except in respect of death or personal injury caused by the Seller’s negligence, or as expressly provided in these Terms and Conditions, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, or under the express terms of the Contract, for any direct or consequential loss or damage sustained by the Buyer (including without limitation loss of profit or indirect or special loss), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its servants or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer. 12.6 The Customer Buyer shall be responsible for ensuring that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer Buyer is in compliance with all applicable statutory requirements and that handling and sale of the Goods by the Customer Buyer is carried out in accordance with directions given by the Supplier Seller or any competent governmental or regulatory authority and the Customer Buyer will indemnify the Supplier Seller against any liability loss or damage which the Supplier Seller might suffer as a result of the CustomerBuyer’s failure to comply with this condition.

DEFECTIVE GOODS. 10.1 13.1 If on delivery any of the Goods are defective in any material respect and either the Customer Buyer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery as “"condition and contents unknown” " the Customer Buyer gives written notice of such defect to the Supplier Seller verbally within 30 24 hours and in writing within three Business Days days of such delivery, the Supplier Seller shall at its option:option:- 10.1.1 replace 13.1.1 Replace the defective Goods within 60 Business Days of as soon as is practicable after receiving the Customer’s Buyer's notice; or 10.1.2 refund 13.1.2 Refund to the Customer Buyer the price for those Goods (or parts thereof, as appropriate) the goods which are defective, upon receipt or on inspection of the faulty goods; but But the Supplier Seller shall have no further liability to the Customer Buyer in respect thereof and the Customer Buyer may not reject the Goods if delivery is not refused or notice given by the Customer Buyer as set out aboveaforesaid. 10.2 13.2 No Goods may be returned to the Supplier Seller without the prior agreement in writing of the SupplierSeller. Subject thereto any Goods returned which the Supplier Seller is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Supplier’s Seller's sole discretion the Supplier Seller shall refund or credit to the Customer Buyer the price of such defective Goods but the Supplier Seller shall have no further liability to the CustomerBuyer. 10.3 13.3 The Supplier Seller shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful willful damage, negligence, subjection to normal conditions, failure to follow the Supplier’s Seller's instructions (whether given orally oral or in writing), misuse or alteration of the Goods without the Supplier’s prior Seller's approval, or any other act or omission on the part of the CustomerBuyer, its employees or agents or any third party. The parties are aware that packaging products are single use products unless otherwise stated in the Seller’s quotation. 10.4 Goods, other than defective Goods returned under sub-Clauses 10.1 or 10.2, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier’s sole discretion and without any obligation on the part of the Supplier. 10.5 13.4 Subject as expressly provided in these Terms and Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 10.6 13.5 Where the Goods are sold under a consumer sale the statutory rights of the Buyer are not affected by these Conditions. 13.6 Except in respect of death or personal injury caused by the Seller's negligence, or as expressly provided in these Conditions, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, or under the express terms of the Contract, for any direct or consequential loss or damage sustained by the Buyer (including without limitation loss of profit or indirect or special loss), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its servants or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer. 13.7 The Customer Buyer shall be responsible for ensuring to ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer Buyer is in compliance with all applicable statutory requirements and that handling and sale of the Goods by the Customer Buyer is carried out in accordance with directions given by the Supplier Seller or any competent governmental or regulatory authority and the Customer Buyer will indemnify the Supplier Seller against any liability loss or damage which the Supplier Seller might suffer as a result of the Customer’s Buyer's failure to comply with this condition.

DEFECTIVE GOODS. 10.1 12.1 If on delivery any of the Goods are defective in any material respect and either the Customer Buyer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery as “condition and contents unknown” the Customer Buyer gives written notice of such defect to the Supplier Seller within 30 three Business Days of such delivery, the Supplier Seller shall at its option: 10.1.1 12.1.1 replace the defective Goods within 60 three Business Days of receiving the CustomerBuyer’s notice; or 10.1.2 12.1.2 refund to the Customer Buyer the price for those Goods (or parts thereof, as appropriate) which are defective; but the Supplier Seller shall have no further liability to the Customer Buyer in respect thereof and the Customer Buyer may not reject the Goods if delivery is not refused or notice given by the Customer Buyer as set out above. 10.2 12.2 No Goods may be returned to the Supplier Seller without the prior agreement in writing of the SupplierSeller. Subject thereto any Goods returned which the Supplier Seller is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the SupplierSeller’s sole discretion the Supplier Seller shall refund or credit to the Customer Buyer the price of such defective Goods but the Supplier Seller shall have no further liability to the CustomerBuyer. 10.3 12.3 If the Buyer purchases any Goods within six months of the launch of such goods the Buyer shall have the right to return the Goods or any part of such order within <<insert period>> months of delivery, provided always that the Buyer exercising such right shall: 12.3.1 return such goods at his risk and cost; and 12.3.2 indemnify the Seller against any cost incurred by the Seller in rectifying any deterioration of the Goods caused by incorrect storage or use while in the Buyer’s possession. 12.4 The Supplier Seller shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the SupplierSeller’s instructions (whether given orally or in writing), misuse or alteration of the Goods without the SupplierSeller’s prior approval, or any other act or omission on the part of the CustomerBuyer, its employees or agents or any third party. 10.4 Goods, other than defective Goods returned under sub-Clauses 10.1 or 10.2, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier’s sole discretion and without any obligation on the part of the Supplier. 10.5 12.5 Subject as expressly provided in these Terms and Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 10.6 12.6 Except in respect of death or personal injury caused by the Seller’s negligence, or as expressly provided in these Terms and Conditions, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, or under the express terms of the Contract, for any direct or consequential loss or damage sustained by the Buyer (including without limitation loss of profit or indirect or special loss), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its servants or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer. 12.7 The Customer Buyer shall be responsible for ensuring that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer Buyer is in compliance with all applicable statutory requirements and that handling and sale of the Goods by the Customer Buyer is carried out in accordance with directions given by the Supplier Seller or any competent governmental or regulatory authority and the Customer Buyer will indemnify the Supplier Seller against any liability loss or damage which the Supplier Seller might suffer as a result of the CustomerBuyer’s failure to comply with this condition.

DEFECTIVE GOODS. 10.1 12.1 If on delivery any of the Goods are defective in any material respect and either the Customer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery as “condition and contents unknown” the Customer gives written notice of such defect to the Supplier within 30 5 Business Days of such delivery, the Supplier shall at its option: 10.1.1 12.1.1 replace the defective Goods within 60 14 Business Days of receiving the Customer’s notice; or 10.1.2 12.1.2 refund to the Customer the price for those Goods (or parts thereof, as appropriate) which are defective; but the Supplier shall have no further liability to the Customer in respect thereof and the Customer may not reject the Goods if delivery is not refused or notice given by the Customer as set out above. 10.2 12.2 No Goods may be returned to the Supplier without the prior agreement in writing of the Supplier. Subject thereto any Goods returned which the Supplier is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Supplier’s sole discretion the Supplier shall refund or credit to the Customer the price of such defective Goods but the Supplier shall have no further liability to the Customer. 10.3 12.3 The Supplier shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Supplier’s instructions (whether given orally or in writing), misuse or alteration of the Goods without the Supplier’s prior approval, or any other act or omission on the part of the Customer, its employees or agents or any third party. 10.4 12.4 Goods, other than defective Goods returned under sub-Clauses 10.1 12.1 or 10.212.2, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier’s sole discretion and without any obligation on the part of the Supplier. 10.5 12.5 Subject as expressly provided in these Terms and Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 10.6 12.6 The Customer shall be responsible for ensuring that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer is in compliance with all applicable statutory requirements and that handling and sale of the Goods by the Customer is carried out in accordance with directions given by the Supplier or any competent governmental or regulatory authority and the Customer will indemnify the Supplier against any liability loss or damage which the Supplier might suffer as a result of the Customer’s failure to comply with this condition.

DEFECTIVE GOODS. 10.1 12.1 If on delivery any of the Goods are defective in any material respect and either the Customer Buyer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery as “"condition and contents unknown” " the Customer Buyer gives written notice of such defect to the Supplier Seller within 30 Business Days three business days of such delivery, the Supplier Seller shall at its option:option:- 10.1.1 12.1.1 replace the defective Goods within 60 Business Days 14 days of receiving the Customer’s Buyer's notice; or 10.1.2 12.1.2 refund to the Customer Buyer the price for those Goods (or parts thereof, as appropriate) the goods which are defective; but b)but the Supplier Seller shall have no further liability to the Customer Buyer in respect thereof and the Customer Buyer may not reject the Goods if delivery is not refused or notice given give by the Customer Buyer as set out aboveaforesaid. 10.2 12.2 No Goods may be returned to the Supplier Seller without the prior agreement in writing of the SupplierSeller. Subject thereto any Goods returned which the Supplier Seller is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Supplier’s Seller's sole discretion the Supplier Seller shall refund or credit to the Customer Buyer the price of such defective Goods but the Supplier Seller shall have no further liability to the CustomerBuyer. 10.3 12.3 If the Buyer purchases any Goods within six months of the launch of such goods the Buyer shall have the right to return the Goods or any part of such order within 1 month of delivery, provided always that the Buyer exercising such right shall:- 12.3.1 return such goods at his risk and cost; and 12.3.2 indemnify the Seller against any cost incurred by the Seller in rectifying any deterioration of the Goods caused by incorrect storage or use while in the Buyer's hands. 12.4 The Supplier Seller shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Supplier’s instructions (whether given orally or in writing), misuse or alteration of the Goods without the Supplier’s prior approval, or any other act or omission on the part of the Customer, its employees or agents or any third party., 10.4 Goods, other than defective Goods returned under sub-Clauses 10.1 or 10.2, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier’s sole discretion and without any obligation on the part of the Supplier. 10.5 12.5 Subject as expressly provided in these Terms and Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 10.6 12.6 Where the Goods are sold under a consumer sale the statutory rights of the Buyer are not affected by these Conditions. 12.7 Except in respect of death or personal injury caused by the Seller's negligence, or as expressly provided in these Conditions, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, or under the express terms of the Contract, for any direct or consequential loss or damage sustained by the Buyer (including without limitation loss of profit or indirect or special loss), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its servants or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer. 12.8 The Customer Buyer shall be responsible for ensuring to ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer Buyer is in compliance with all applicable statutory requirements and that handling and sale of the Goods by the Customer Buyer is carried out in accordance with directions given by the Supplier Seller or any competent governmental or regulatory authority and the Customer Buyer will indemnify the Supplier Seller against any liability loss or damage which the Supplier Seller might suffer as a result of the Customer’s Buyer's failure to comply with this condition.

DEFECTIVE GOODS. 10.1 12.1 If on delivery any of the Goods are defective in any material respect and either the Customer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery as “condition and contents unknown” the Customer gives written notice of such defect to the Supplier Just Digital within 30 3 Business Days of such delivery, the Supplier Just Digital shall at its option: 10.1.1 12.1.1 replace the defective Goods within 60 3 Business Days of receiving the Customer’s notice; or 10.1.2 12.1.2 refund to the Customer the price Contract Price for those Goods (or parts thereof, as appropriate) which are defective; but the Supplier Just Digital shall have no further liability to the Customer in respect thereof and the Customer may not reject the Goods if delivery is not refused or notice given by the Customer as set out above. 10.2 12.2 No Goods may be returned to the Supplier Just Digital without the prior agreement in writing of the SupplierJust Digital. Subject thereto any Goods returned which the Supplier Just Digital is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the SupplierJust Digital’s sole discretion the Supplier Just Digital shall refund or credit to the Customer the price Contract Price of such defective Goods but the Supplier Just Digital shall have no further liability to the Customer. 10.3 The Supplier 12.3 Just Digital shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the SupplierJust Digital’s instructions (whether given orally or in writing), misuse or alteration of the Goods without the SupplierJust Digital’s prior approval, or any other act or omission on the part of the Customer, its employees or agents or any third party. 10.4 12.4 Goods, other than defective Goods returned under sub-Clauses 10.1 12.1 or 10.212.2, returned by the Customer and accepted by the Supplier Just Digital may be credited to the Customer at the SupplierJust Digital’s sole discretion and without any obligation on the part of the SupplierJust Digital. 10.5 12.5 Subject as expressly provided in these Terms and Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 10.6 12.6 The Customer shall be responsible for ensuring that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer is in compliance with all applicable statutory requirements and that handling and sale of the Goods by the Customer is carried out in accordance with directions given by the Supplier Just Digital or any competent governmental or regulatory authority and the Customer will indemnify the Supplier Just Digital against any liability loss or damage which the Supplier Just Digital might suffer as a result of the Customer’s failure to comply with this condition.

DEFECTIVE GOODS. 10.1 11.1 If on delivery any of the Goods are defective in any material respect and either the Customer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery as “condition and contents unknown” the Customer gives written notice of such defect to the Supplier within 30 Business Days three business days of such delivery, the Supplier shall at its option:: - 10.1.1 11.1.1 replace the defective Goods within 60 Business Days 14 days of receiving the Customer’s notice; or 10.1.2 11.1.2 refund to the Customer the price for those Goods (or parts thereof, as appropriate) the goods which are defective; ; 11.1.3 but the Supplier shall have no further liability to the Customer in respect thereof and the Customer may not reject the Goods if delivery is not refused or notice given give by the Customer as set out aboveaforesaid. 10.2 11.2 No Goods may be returned to the Supplier without the prior agreement Agreement in writing of the Supplier. Subject thereto any Goods returned which the Supplier is I satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Supplier’s sole discretion the Supplier shall refund or credit to the Customer the price of such defective Goods but the Supplier shall have no further liability to the Customer. 10.3 11.3 The Supplier shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Supplier’s instructions (whether given orally oral or in writing), misuse or alteration of the Goods without the Supplier’s prior approval, or any other act or omission on the part of the Customer, its employees or agents or any third party. 10.4 Goods, other than defective Goods returned under sub-Clauses 10.1 or 10.2, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier’s sole discretion and without any obligation on the part of the Supplier. 10.5 11.4 Subject as expressly provided in these Terms and Conditionsthis Agreement, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by the statute or common law are excluded to the fullest extent permitted by law. 10.6 11.5 The Customer shall be responsible for ensuring to ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer is in compliance with all applicable statutory requirements provisions and that handling and sale of the Goods by the Customer is carried out in accordance with directions given by the Supplier or any competent governmental or regulatory authority and the authority. The Customer will indemnify the Supplier against any liability loss or damage which the Supplier might suffer as a result of the Customer’s failure to comply with this condition.

DEFECTIVE GOODS. 10.1 If on delivery 13.1 In the event that any of the Goods are defective in any material respect and either materials, goods or components supplied by the Customer lawfully refuses delivery Supplier as part of the work scope comprised within the Contract Price or a Variation are defective, then if agreed to be defective Goods orby the Supplier, if they are signed for on delivery as “condition and contents unknown” these will be replaced by the Supplier at the Supplier’s cost provided that the Customer gives written notice of such the defect to and this is received by the Supplier within 30 Business Days 5 days of such delivery, the date of delivery of the defective goods. In the event that written notice is not given by the Customer or received by the Supplier shall at its option: 10.1.1 replace within 5 days of the defective Goods within 60 Business Days date of receiving the Customer’s notice; or 10.1.2 refund delivery of any goods considered to the Customer the price for those Goods (or parts thereofbe defective, as appropriate) which are defective; but then the Supplier shall have no further liability to the Customer in respect thereof and the Customer may not reject the Goods if delivery is not refused or notice given by the Customer as set out abovereplace them at its cost. 10.2 No Goods may be returned to the Supplier without the prior agreement in writing of the Supplier. Subject thereto any Goods returned which the Supplier is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Supplier’s sole discretion the Supplier shall refund or credit to the Customer the price of such defective Goods but the Supplier shall have no further liability to the Customer. 10.3 13.2 The Supplier shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful willful damage, negligence, subjection to normal conditions, failure to follow the Supplier’s instructions (whether given orally or in writing), misuse or alteration of the Goods without the Supplier’s prior approval, or any other act or omission on the part of the Customer, its employees or agents or any third party. 10.4 Goods, other than defective Goods returned under sub-Clauses 10.1 or 10.2, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier’s sole discretion and without any obligation on the part of the Supplier. 10.5 13.3 Subject as expressly provided in these Terms and Conditionsthis Contract, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 10.6 13.4 The Customer shall be responsible for ensuring that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling labeling of the Goods, any use or sale of the Goods by the Customer is in compliance with all applicable statutory requirements and that handling and sale of the Goods by the Customer is carried out in accordance with directions given by the Supplier or any competent governmental or regulatory authority and the Customer will indemnify the Supplier against any liability loss or damage which the Supplier might suffer as a result of the Customer’s failure to comply with this condition.

DEFECTIVE GOODS. 10.1 If on delivery any 8.1 In substitution for all rights which the Buyer would or might have but for these Conditions the Seller shall: 8.1.1 make good at its option by reimbursement of the whole or part of the price (and, where relevant, as a deduction from any part of the price remaining unpaid) or by repair orreplacement: 8.1.1.1 subject to Clause 3.2 any failure by the Goods are defective to correspond with their specification at the time of delivery; 8.1.1.2 any defect developing under normal use in the Goods within and corresponding shelf life thereof and due solely to faulty design (except where the design is supplied byor on behalf of the Buyer) materials or workmanship; 8.1.2 make goodbyreimbursement of the price or byreperformanceofthe Services anydefective workmanshipinthe performance of the Services; 8.1.3 any failure to meet specification is notified in writing to the Seller within seven(7) days from the date of delivery or (where the failure was not apparent on reasonable inspection) within a reasonable time after discovery of the failure and in any material respect and either the Customer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery as “condition and contents unknown” the Customer gives written notice of event such failure must be notified within 2 months after delivery; 8.1.4 any such defect in design materials or workmanship shall have appeared within one (1) month after delivery and shall have been thereupon promptly notified to the Supplier within 30 Business Days of such delivery, Seller in writing; 8.1.5 the Supplier Seller shall at its option: 10.1.1 replace the defective Goods within 60 Business Days of receiving the Customer’s notice; or 10.1.2 refund to the Customer the price be under no liability for those Goods (or parts thereof, as appropriate) which are defective; but the Supplier shall have no further liability to the Customer any defect in respect thereof and the Customer may not reject the Goods if delivery is not refused arising from any drawings, design or notice given specification supplied by the Customer as set out above.Buyer; 10.2 No Goods may 8.1.6 the Seller shall be returned to under no liability until any monies due fromthe Buyer under the Supplier without Contract have been paid in full; 8.1.7 the prior agreement in writing of the Supplier. Subject thereto any Goods returned which the Supplier is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Supplier’s sole discretion the Supplier shall refund or credit to the Customer the price of such defective Goods but the Supplier shall have no further liability to the Customer. 10.3 The Supplier Seller shall be under no liability in respect of any defect in the Goods arising from fair fromfair wear and tear, or any wilful other acts of the Buyer including without limitation willful damage, negligence, subjection to normal conditionslack of proper maintenance or servicing, abnormal working condition, failure to follow the SupplierSeller’s instructions (whether given orally oral or in writing), misuse or alteration or repair of the Goods without the SupplierSeller’s prior approval; 8.1.8 any Goods alleged to be defective are promptly made available to the Seller for inspection and, if so required by the Seller, are promptly returned at the Buyer’s risk and expense to the Sellers works for inspection. 8.1.9 The above warranty does not extend to parts, materials or equipment not manufactured by the Seller in respect of which the Buyer shall be 9.1 Without limiting its other rights and remedies, the Seller may terminate the Contract on written notice to the Buyer if; 9.1.1 the Buyer commits a material breach of any term of the Contract and/or these Conditions and (if such a breach is remediable) fails to remedy that breach within seven (7) days of the Buyer being notified in writing to do so (including, without limited, a breach of Clause 5.2 of these Conditions); or 9.1.2 the Buyer takes any step or action in connection with (other than in relation to a solvent restructuring) its entering administration, provisional liquidation or any other act composition or omission on the part arrangement with its creditors, being wound up (whether voluntarily or by order of the Customercourt), having a receiver appointed to any of its employees assets or agents ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any third partyanalogous procedure in the relevant jurisdiction. 10.4 Goods, other than defective Goods returned under sub-Clauses 10.1 or 10.2, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier’s sole discretion and without any obligation on the part 9.2 Termination of the Supplier. 10.5 Subject as expressly provided in these Terms and Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 10.6 The Customer Contract shall be responsible for ensuring that, except to the extent that instructions as to the use or sale not affect any of the Goods are contained parties' rights and remedies that have accrued as at termination, including the right to claim damages in the packaging or labelling respect of any breach of the Goods, any use Contract and/or these Conditions that existed at or sale before the date of termination 9.3 Any provision of the Goods Contract and/or these Conditions that expressly or by the Customer implication is intended to come into or continue in compliance with all applicable statutory requirements force on or after termination shall remain in full force and that handling and sale of the Goods by the Customer is carried out in accordance with directions given by the Supplier or any competent governmental or regulatory authority and the Customer will indemnify the Supplier against any liability loss or damage which the Supplier might suffer as a result of the Customer’s failure to comply with this conditioneffect.

DEFECTIVE GOODS. 10.1 12.1 If on delivery any of the Goods are defective in any material respect and either the Customer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery as “"condition and contents unknown” ", the Customer gives written notice of such defect to the Supplier within 30 Business Days three business days of such delivery, the Supplier shall at its option:option:- 10.1.1 12.1.1 replace the defective Goods within 60 Business Days 14 days of receiving the Customer’s 's notice; or 10.1.2 12.1.2 refund to the Customer the price for those Goods (or parts thereof, as appropriate) the goods which are defective; but the Supplier shall have no further liability to the Customer in respect thereof and the Customer may not reject the Goods if delivery is not refused or notice given by the Customer as set out aboveaforesaid. 10.2 12.2 No Goods may be returned to the Supplier without the prior agreement in writing of the Supplier. Subject thereto any Goods returned which the Supplier is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Supplier’s 's sole discretion the Supplier shall refund or credit to the Customer the price of such defective Goods but the Supplier shall have no further liability to the Customer. 10.3 12.3 The Supplier shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Supplier’s 's instructions (whether given orally oral or in writing), misuse or alteration of the Goods without the Supplier’s prior 's approval, or any other act or omission on the part of the Customer, its employees or agents or any third party. 10.4 12.4 Goods, other than defective Goods returned under sub-Clauses 10.1 Conditions 12.1 or 10.212.2, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier’s 's sole discretion and without any obligation on the part of the Supplier. 10.5 12.5 Subject as expressly provided in these Terms and Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 10.6 12.6 The Customer shall be responsible for ensuring to ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer is in compliance with all applicable statutory requirements and that handling and sale of the Goods by the Customer is carried out in accordance with directions given by the Supplier or any competent governmental or regulatory authority and the Customer will indemnify the Supplier against any liability loss or damage which the Supplier might suffer as a result of the Customer’s 's failure to comply with this condition.

DEFECTIVE GOODS. 10.1 11.1 If on delivery any of the Goods are defective in any material respect and either the Customer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery as “"condition and contents unknown” " the Customer gives written notice of such defect to the Supplier within 30 Business Days three business days of such delivery, the Supplier shall at its option:option:‐ 10.1.1 11.1.1 replace the defective Goods within 60 Business Days 14 days of receiving the Customer’s 's notice; or 10.1.2 11.1.2 refund to the Customer the price for those Goods (or parts thereof, as appropriate) the goods which are defective; ; 11.1.3 but the Supplier shall have no further liability to the Customer in respect thereof and the Customer may not reject the Goods if delivery is not refused or notice given give by the Customer as set out aboveaforesaid. 10.2 11.2 No Goods may be returned to the Supplier without the prior agreement Agreement in writing of the Supplier. Subject thereto any Goods returned which the Supplier is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Supplier’s 's sole discretion the Supplier shall refund or credit to the Customer the price of such defective Goods but the Supplier shall have no further liability to the Customer. 10.3 11.3 Any Goods returned to the Supplier for replacement or refund must be returned in the original packaging in perfect condition and with all parts, cables, accessories and documentation. 11.4 The Supplier shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Supplier’s 's instructions (whether given orally oral or in writing), misuse or alteration of the Goods without the Supplier’s prior 's approval, or any other act or omission on the part of the Customer, its employees or agents or any third party. 10.4 Goods, other than defective Goods returned under sub-Clauses 10.1 or 10.2, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier’s sole discretion and without any obligation on the part of the Supplier. 10.5 11.5 Subject as expressly provided in these Terms and Conditionsthis Agreement, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 10.6 11.6 The Customer shall be responsible for ensuring to ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer is in compliance with all applicable statutory requirements provisions and that handling and sale of the Goods by the Customer is carried out in accordance with directions given by the Supplier or any competent governmental or regulatory authority and the authority. The Customer will indemnify the Supplier against any liability loss or damage which the Supplier might suffer as a result of the Customer’s 's failure to comply with this condition.

DEFECTIVE GOODS. 10.1 12.1 If on delivery any of the Goods are defective in any material respect and either the Customer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery as “condition and contents unknown” the Customer gives written notice of such defect to the Supplier within 30 7 (Seven) Business Days of such delivery, the Supplier shall at its option: 10.1.1 12.1.1 replace the defective Goods within 60 Business Days a reasonable timeframe of receiving the Customer’s notice; or 10.1.2 12.1.2 refund to the Customer the price for those Goods (or parts thereof, as appropriate) which are defective; but the Supplier shall have no further liability to the Customer in respect thereof and the Customer may not reject the Goods if delivery is not refused or notice given by the Customer as set out above. 10.2 12.2 No Goods may be returned to the Supplier without the prior agreement in writing of the Supplier. Subject thereto any Goods returned which the Supplier is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection inspe ction shall either be replaced free of charge or, at the Supplier’s sole discretion the Supplier shall refund or credit to the Customer the price of such defective Goods but the Supplier shall have no further liability to the CustomerCustomer . 10.3 12.3 The Supplier shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Supplier’s instructions (whether given orally or in writing), misuse or o r alteration of the Goods without the Supplier’s prior approval, or any other act or omission on the part of the CustomerCustomer or Reseller, its employees employ ees or agents or any third party. 10.4 12.4 Goods, other than defective Goods returned under sub-Clauses 10.1 12.1 or 10.212.2, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier’s sole discretion and without any obligation on the part of the Supplier. 10.5 12.5 Subject as expressly provided in these Terms and Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 10.6 12.6 The Customer shall be responsible for ensuring that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer is in compliance with all applicable statutory requirements and that handling and sale of the Goods by the Customer is carried out in accordance with directions given by the Supplier or any competent governmental or regulatory authority and the Customer will indemnify the Supplier against any liability loss or damage which the Supplier might suffer as a result of the Customer’s failure to comply with this condition.

DEFECTIVE GOODS. 10.1 If on delivery 12.1 Unless otherwise expressly agreed in writing all conditions, guarantees, warranties, representations whether express or implied by statute, common law or otherwise are hereby excluded. 12.2 The Seller's liability for any and all loss or damage from defects in the Goods or any other cause including without limitation any breach of the terms of the Contract and negligence shall be limited to the purchase price of the Goods are defective in respect of which the claim arises although the Seller may at its option agree to replace the Goods and in no event shall the Seller be liable for any material respect and either delays in meeting specified delivery dates. 12.3 In no event will the Customer lawfully refuses delivery Seller be liable for any indirect or consequential losses suffered by the Buyer including without limitation any loss of profit or additional costs suffered by the defective Goods or, if they are signed for on delivery as “condition and contents unknown” the Customer gives written notice of such defect Buyer in purchasing goods similar to the Supplier within 30 Business Days of such delivery, the Supplier shall at its option: 10.1.1 replace the defective Goods within 60 Business Days of receiving the Customer’s notice; or 10.1.2 refund or for any damages caused to the Customer the price for those Goods (or parts thereof, as appropriate) which are defective; but the Supplier shall have no further liability to the Customer in respect thereof and the Customer may not reject the Goods if delivery is not refused or notice given Buyer by the Customer as set out abovedefective design. 10.2 No Goods may be returned to the Supplier without the prior agreement in writing of the Supplier. Subject thereto any Goods returned which the Supplier is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Supplier’s sole discretion the Supplier shall refund or credit to the Customer the price of such defective Goods but the Supplier shall have no further liability to the Customer. 10.3 12.4 The Supplier Seller shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditionsabnormal use, failure to follow the Supplier’s instructions (whether given orally or in writing)Seller's instructions, misuse or alteration or repair of the Goods without the Supplier’s Seller's prior written approval, or . 12.5 In no event will the Seller be liable for any other act or omission on defects in the part Goods not notified to it within six month of the Customer, its employees or agents or any third partydate of delivery of the Goods. 10.4 Goods12.6 The Seller shall not be liable in any event under the Contract for any delay or failure in performing its obligations under the Contract if such failure or delay is caused or contributed to by any happening or event beyond its reasonable control including without limitation trade disputes, other than defective Goods returned under sub-Clauses 10.1 machinery breakdown, accident or 10.2, returned by the Customer and accepted by the Supplier may be credited failure of supplies. 12.7 Notwithstanding anything to the Customer at the Supplier’s sole discretion and without any obligation on the part of the Supplier. 10.5 Subject as expressly provided in these Terms and Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 10.6 The Customer shall be responsible for ensuring that, except to the extent that instructions as to the use or sale of the Goods are contrary contained in the packaging or labelling Conditions and without prejudice to the rights of the Goods, any use or sale of Seller if the Goods by the Customer is in compliance with all applicable statutory requirements and that handling and sale of satisfy acceptance tests then the Goods by shall be deemed to meet fully the Customer is carried out in accordance with directions given by the Supplier or any competent governmental or regulatory authority and the Customer will indemnify the Supplier against any liability loss or damage which the Supplier might suffer as a result of the Customer’s failure to comply with this conditionagreed specifications.

DEFECTIVE GOODS. 10.1 12.1 If on delivery any of the Goods are defective in any material respect and either the Customer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery as “condition and contents unknown” the Customer gives written notice of such defect to the Supplier Omnisity within 30 Business Days 3 (three) business days of such delivery, the Supplier Omnisity shall at its option:option:- 10.1.1 12.1.1 replace the defective Goods within 60 Business Days 30 (Thirty) days of receiving the Customer’s notice; or 10.1.2 12.1.2 refund to the Customer the price for those Goods (or parts thereof, as appropriate) the goods which are defective; but the Supplier Omnisity shall have no further liability to the Customer in respect thereof and the Customer may not reject the Goods if delivery is not refused or notice given give by the Customer as set out aboveaforesaid. 10.2 12.2 No Goods may be returned to the Supplier Omnisity without the prior agreement in writing of the SupplierOmnisity. Subject thereto any Goods returned which the Supplier Omnisity is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the SupplierOmnisity’s sole discretion the Supplier Omnisity shall refund or credit to the Customer the price of such defective Goods but the Supplier Omnisity shall have no further liability to the Customer. 10.3 The Supplier 12.3 Omnisity shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the SupplierOmnisity’s instructions (whether given orally oral or in writing), misuse or alteration of the Goods without the Supplier’s prior Omnisity ‘s approval, or any other act or omission on the part of the Customer, its employees or agents or any third party. 10.4 12.4 Goods, other than defective Goods returned under sub-Clauses 10.1 Conditions 12.1 or 10.212.2, returned by the Customer and accepted by the Supplier Omnisity may be credited to the Customer at the Supplier’s Omnisity ‘s sole discretion and without any obligation on the part of the SupplierOmnisity . 10.5 12.5 Subject as expressly provided in these Terms and Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 10.6 12.6 The Customer shall be responsible for ensuring to ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging labelling of, or labelling instruction provided in the use of the said Goods, any use or sale of the Goods by the Customer is in compliance with all applicable statutory requirements and that handling and sale of the Goods by the Customer is carried out in accordance with directions given by the Supplier Omnisity or any competent governmental or regulatory authority and the Customer will indemnify the Supplier Omnisity against any liability loss or damage which the Supplier Omnisity might suffer as a result of the Customer’s failure to comply with this condition.

DEFECTIVE GOODS. 10.1 16.1 If on delivery any of the Goods are defective in any material respect and either the Customer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery as “"condition and contents unknown” " the Customer gives written notice of such defect to the Supplier Pack Smart Group Limited within 30 Business Days Three (3) business days of such delivery, the Supplier Pack Smart Group Limited shall at its option:option:- 10.1.1 a) replace the defective Goods within 60 Business Days Fourteen (14) business days of receiving the Customer’s 's notice; or 10.1.2 b) refund to the Customer the price for those Goods (or parts thereof, as appropriate) the goods which are defective; ; c) but the Supplier Pack Smart Group Limited shall have no further liability to the Customer in respect thereof and the Customer may not reject the Goods if delivery is not refused or notice given by the Customer as set out aboveaforesaid. 10.2 16.2 No Goods may be returned to the Supplier Pack Smart Group Limited without the prior agreement in writing of the SupplierPack Smart Group Limited. Subject thereto any Goods returned which the Supplier Pack Smart Group Limited is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Supplier’s Pack Smart Group Limited's sole discretion the Supplier Pack Smart Group Limited shall refund or credit to the Customer the price of such defective Goods but the Supplier Pack Smart Group Limited shall have no further liability to the Customer. 10.3 The Supplier 16.3 Pack Smart Group Limited shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Supplier’s Pack Smart Group Limited's instructions (whether given orally oral or in writing), misuse or alteration of the Goods without the Supplier’s prior Pack Smart Group Limited's approval, or any other act or omission on the part of the Customer, its employees or agents or any third party. 10.4 16.4 Goods, other than defective Goods returned under sub-Clauses 10.1 or 10.2Conditions 16.1or 16.2, returned by the Customer and accepted by the Supplier Pack Smart Group Limited may be credited to the Customer at the Supplier’s Pack Smart Group Limited's sole discretion and without any obligation on the part of the SupplierPack Smart Group Limited. 10.5 16.5 Subject as expressly provided in these Terms and Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 10.6 16.6 The Customer shall be responsible for ensuring to ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer is in compliance with all applicable statutory requirements and that handling and sale of the Goods by the Customer is carried out in accordance with directions given by the Supplier Pack Smart Group Limited or any competent governmental or regulatory authority and the Customer will indemnify the Supplier Pack Smart Group Limited against any liability loss or damage which the Supplier Pack Smart Group Limited might suffer as a result of the Customer’s 's failure to comply with this condition.

DEFECTIVE GOODS. 10.1 If on delivery any 8.1 The Customer shall, within 7 working days of the arrival of each Delivery of the Goods are defective in any material respect and either the Customer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery as “condition and contents unknown” the Customer gives written notice of such defect to the Supplier within 30 Business Days of such delivery, the Supplier shall at its option: 10.1.1 replace the defective Goods within 60 Business Days of receiving the Customer’s notice; or 10.1.2 refund to premises (or at a pre-agreed address under a drop ship agreement), notify the Supplier in writing of any defect by reason of which the Customer alleges that the price Goods delivered are not in accordance with the Specification and which should be apparent on reasonable inspection. If and when applicable, Consumer Protection Acts may be exercised by the Customer that may surpass the working day feedback notice period as stated above, for those Goods (defects or parts thereof, as appropriate) which are defectivefor any other reason not specified here within; but that is covered by the relevant Consumer Protection Act. Consumer Protection Acts will be executed as per the Customer’s jurisdiction (final Delivery address for the order; as per the end user). 8.2 If the Customer fails to give such notice then except in respect of any defect, which is not one which would be apparent on reasonable inspection, the Goods shall be conclusively presumed to be in all respects in accordance with the Specification, and accordingly the Customer shall be deemed to have accepted the Delivery of the Goods in question and the Supplier shall have no further liability to the Customer in with respect thereof and to that Delivery, unless under warranty. See Clause 8.1. 8.3 If the Customer may not reject rejects any Delivery of the Goods if delivery is within the specified notice period (see Clause 8.1) , which are not refused or notice given by in accordance with the Customer as set out above. 10.2 No Goods may be returned to Specification, the Supplier without shall: 8.3.1 within 7 days on the prior agreement in writing receipt of the Supplier. Subject thereto returned Goods, supply replacement Goods, which are in accordance with the Specification at their own cost, including Delivery cost or any Goods returned other charges hereto for the Delivery of the correct Goods/ Specifications (in which the Supplier is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Supplier’s sole discretion event the Supplier shall refund not be deemed to be in breach of this Agreement or credit to the Customer the price of such defective Goods but the Supplier shall have no any further liability to the Customer.); or 10.3 The Supplier 8.3.2 notify the Customer that it is unable to do so, whereupon (without prejudice to Clause 16.3) the Customer shall be under no liability in respect of entitled to obtain from any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Supplier’s instructions (whether given orally or in writing), misuse or alteration other person such quantity of the Goods without as the SupplierSupplier has been unable so to supply. The Supplier will be liable to cover all costs to have the incorrect Goods returned to them. The Supplier is to refund the Customer in full (original purchase price and original Delivery cost), including any additional costs hereto within 7 days on the receipt of the returned Goods. 8.4 All Customer refunds, of whatsoever nature, subject to the provisions of Clause 6.2 and Clause 8.1, will only be applicable once the Supplier has received the ‘refundable’ Products in their entirety and in the original packaging. If a Supplier is expected to collect the Goods for a refund, as agreed in writing, these must be collected within 5 days of such notice (see Clause 8.1), and is for the Customer’s account . Partial or full refunds must be executed within 7 days on receipt of the returned Goods. 8.5 If there is any difference of opinion between the parties as to whether any Goods supplied by the Supplier are in accordance with the Specification the matter shall, at the request of either the Supplier or the Customer, be determined by an Expert, see Clause 10. 8.6 Suppliers are to honour all warranties as communicated in writing on registration or updated in writing at least 25 working days prior approvalto any change. Suppliers are to undertake all costs required to meet warranties and quality assurances that include Product, Service, labour, administration, logistics, environmental, legal or any other act or omission on the part of the Customer, its employees or agents or any third partycosts pertaining hereto. 10.4 Goods, other than defective Goods returned under sub-Clauses 10.1 or 10.2, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier’s sole discretion and without any obligation on the part of the Supplier. 10.5 Subject as expressly provided in these Terms and Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 10.6 The Customer shall be responsible for ensuring that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer is in compliance with all applicable statutory requirements and that handling and sale of the Goods by the Customer is carried out in accordance with directions given by the Supplier or any competent governmental or regulatory authority and the Customer will indemnify the Supplier against any liability loss or damage which the Supplier might suffer as a result of the Customer’s failure to comply with this condition.

DEFECTIVE GOODS. 10.1 15.1 If on delivery any of the Goods are defective in any material respect and either the Customer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery delviery as “condition and contents unknown” the Customer gives written notice of such defect to the Supplier within 30 7 Business Days of such deliverydelivery , the Supplier shall at its it’s option: 10.1.1 15.1.1 replace the defective Goods within 60 Business Days of receiving the Customer’s noticeas soon as possible; or 10.1.2 15.1.2 refund to the Customer the price for those Goods (or parts thereoftherof, as appropriateappropirate) which are defective; but the Supplier shall have no further liability to the Customer in respect thereof therof and the Customer may not reject the Goods if delivery is not refused or notice given by the Customer as set out above. 10.2 15.2 No Goods may be returned to the Supplier without the prior agreement in writing of the Supplier. Subject thereto any Goods returned which the Supplier is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Supplier’s sole discretion the Supplier shall refund or credit to the Customer the price of such defective Goods but the Supplier shall have no further liability to the Customer. 10.3 15.3 The Supplier shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Supplier’s instructions (whether given orally or in writing), misuse or alteration of the Goods without the Supplier’s prior approval, or any other act or omission on the part of the Customercustomer, its employees or agents or any third thid party. 10.4 15.4 Goods, other than defective Goods returned under sub-Clauses 10.1 or 10.2clauses 15.1 and 15.2, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier’s sole discretion and without any obligation on the part of the Supplier. 10.5 Subject as expressly provided in these Terms and Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 10.6 The Customer shall be responsible for ensuring that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer is in compliance with all applicable statutory requirements and that handling and sale of the Goods by the Customer is carried out in accordance with directions given by the Supplier or any competent governmental or regulatory authority and the Customer will indemnify the Supplier against any liability loss or damage which the Supplier might suffer as a result of the Customer’s failure to comply with this condition.