Common use of Limitation Liability Clause in Contracts

Limitation Liability. (a) Goods may be delivered in or on cartons, bundles, returnable containers, stillages or racks, loose or in other packaging. In any case where it is established to our satisfaction that the goods have been damaged or lost (whether wholly or in part) in transit we will at our own cost, repair or replace same provided that: (i) in the case of total or partial loss or damage, you have returned to our representative (or where the goods have been delivered by a carrier his representative) our dispatch note duly signed by your representative with an indication of the shortage of or damage to the goods, cartons, bundles, returnable containers, stillages, racks, loose goods or other such packages as shall make up the delivery and full particulars are notified directly to us in writing within 7 days of delivery. (ii) in the case of damage, the goods and their packaging are retained by you for inspection by our representative. We shall not be liable for any loss or damage in transit, except as above. (b) If we (acting reasonably) are satisfied that any goods supplied by us are defective as to material or workmanship not caused wholly or partly while at your risk by willful default, accident, improper storage or use or failure to follow instructions and providing that the goods have not been dismantled, altered or repair attempted, our liability shall be limited to make good the defect without charge by repair or replacement or (at our discretion) waiver or refund of all or part of the price, provided that the goods are returned to our premises full carriage paid within a reasonable time after you become aware of the defect. Where we find returned goods are not defective, we reserve the right to charge you a handling fee including the cost of return and re-delivery. (c) Our obligations and liabilities to you arising out of or in connection with the goods shall be limited to those expressly set out in these conditions and those which are implied or imposed by law to the extent that they cannot be limited, restricted, or excluded by law. (d) Subject to the foregoing, no collateral contract and no representation, warranty condition, stipulation, liability, or obligation whatsoever (including without limitation, whether arising (i) in contract tort including negligence or otherwise; or (ii) expressly, impliedly, at common law, by statute, custom, usage or course of dealing or otherwise; or (iii) in relation to loss, injury, or damage of any nature whatsoever (whether direct or consequential) is given, made or undertaken by us or our employees or agents in relation to the goods (including, without limitation, whether in relation to their description, correspondence with sample, state, condition, quality (satisfactory or otherwise), performance, safety, merchantability, fitness for any particular purpose or other characteristic on delivery or at any other time), all of which are hereby excluded and extinguished. (e) Where we supply glass, the goods supplied will conform to the relevant Visual Quality Standard of the Glass and Glazing Federation. 9.2 No warranty or representation given by us or on our behalf including any advice as to the installation quantities use, or performance of goods supplied by us shall be binding upon us unless specifically stated in writing by us to be incorporated in the contract. This extends to information supplied by us on our drawings.

Limitation Liability. (a) Goods may be delivered in or on cartons, bundles, returnable containers, stillages or racks, loose or in other packaging. In any case where it is established to our satisfaction that the goods have been damaged or lost (whether wholly or in part) in transit we will at our own cost, repair or replace same provided that: (i) in the case of total or partial loss or damage, you have returned to our representative (or where the goods have been delivered by a carrier his representative) our dispatch note duly signed by your representative with an indication of the shortage of or damage to the goods, cartons, bundles, returnable containers, stillages, racks, loose goods or other such packages as shall make up the delivery and full particulars are notified directly to us in writing within 7 days of delivery. (ii) in the case of damage, the goods and their packaging are retained by you for inspection by our representative. We shall not be liable for any loss or damage in transit, except as above. (b) If we (acting reasonably) are satisfied that any goods supplied by us are defective as to material or workmanship not caused wholly or partly while at your risk by willful wilful default, accident, improper storage or use or failure to follow instructions and providing that the goods have not been dismantled, altered or repair attempted, our liability shall be limited to make good the defect without charge by repair or replacement or (at our discretion) waiver or refund of all or part of the price, provided that the goods are returned to our premises full carriage paid within a reasonable time after you become aware of the defect. Where we find returned goods are not defective, we reserve the right to charge you a handling fee including the cost of return and re-delivery. (c) Our obligations and liabilities to you arising out of or in connection with the goods shall be limited to those expressly set out in these conditions and those which are implied or imposed by law to the extent that they cannot be limited, restricted, or excluded by law. (d) Subject to the foregoing, no collateral contract and no representation, warranty condition, stipulation, liability, or obligation whatsoever (including without limitation, whether arising (i) in contract tort including negligence or otherwise; or (ii) expressly, impliedly, at common law, by statute, custom, usage or course of dealing or otherwise; or (iii) in relation to loss, injury, or damage of any nature whatsoever (whether direct or consequential) is given, made or undertaken by us or our employees or agents in relation to the goods (including, without limitation, whether in relation to their description, correspondence with sample, state, condition, quality (satisfactory or otherwise), performance, safety, merchantability, fitness for any particular purpose or other characteristic on delivery or at any other time), all of which are hereby excluded and extinguished. (e) Where we supply glass, the goods supplied will conform to the relevant Visual Quality Standard of the Glass and Glazing Federation. 9.2 No warranty or representation given by us or on our behalf including any advice as to the installation quantities use, or performance of goods supplied by us shall be binding upon us unless specifically stated in writing by us to be incorporated in the contract. This extends to information supplied by us on our drawings.