Remedies of Buyer. 11.1. Where the Buyer rejects the Goods then the Buyer shall have no further rights whatsoever in respect of the supply to the Buyer of the Goods or the failure by the Supplier to supply goods which conform to the Supply Contract. Where the Buyer accepts or has been deemed to have accepted the Goods then the Supplier shall have no liability whatsoever to the Buyer in respect of those Goods. 11.2. This clause 11 sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of: 11.2.1. any breach of a Supply Contract; 11.2.2. any use made or resale of the Goods by the Buyer, or of any product incorporating any of the Goods; and 11.2.3. any representation, statement or tortious act or omission (including negligence) arising under or in connection with the agreement. 11.3. Nothing in the agreement shall limit or exclude the liability of either party for: 11.3.1. death or personal injury resulting from negligence; or 11.3.2. fraud or fraudulent misrepresentation; or 11.3.3. payment of sums correctly invoiced under the agreement together with all interest charged on such sums in the event of non payment; or 11.3.4. breach of the terms implied by section 12 of the Sale of Goods Act 1979. 11.4. Without prejudice to clause 11.3, the Supplier shall not be liable to the Buyer, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any: 11.4.1. loss of profit; or 11.4.2. loss of goodwill; or 11.4.3. loss of business; or 11.4.4. loss of business opportunity; or 11.4.5. loss of anticipated saving; or 11.4.6. loss or corruption of data or information; or 11.4.7. special, indirect or consequential damage suffered by the other party that arises under or in connection with the agreement. 11.5. Without prejudice to clause 11.3, the Supplier’s total liability arising under or in connection with any Supply Contract, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to £1,500,000.
Appears in 2 contracts
Samples: Fuel Supply Agreement, Fuel Supply Agreement
Remedies of Buyer. 11.113.1. Where the Buyer rejects the Goods then the Buyer shall have no further rights whatsoever in respect of the supply to the Buyer of the Goods or the failure by the Supplier to supply goods which conform to the Supply Contract. Where the Buyer accepts or has been deemed to have accepted the Goods then the Supplier shall have no liability whatsoever to the Buyer in respect of those Goods.
11.213.2. This clause 11 sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
11.2.113.2.1. any breach of a Supply Contract;
11.2.213.2.2. any use made or resale of the Goods by the Buyer, or of any product incorporating any of the Goods; and
11.2.313.2.3. any representation, statement or tortious act or omission (including negligence) arising under or in connection with the agreementAgreement.
11.313.3. Nothing in the agreement Agreement shall limit or exclude the liability of either party for:
11.3.113.3.1. death or personal injury resulting from negligence; or
11.3.213.3.2. fraud or fraudulent misrepresentation; or
11.3.313.3.3. payment of sums correctly invoiced under the agreement Agreement together with all interest charged on such sums in the event of non non-payment; or
11.3.413.3.4. breach of the terms implied by section 12 of the Sale of Goods Act 1979Xxx 0000.
11.413.4. Without prejudice to clause 11.3, the Supplier shall not be liable to the Buyer, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
11.4.113.4.1. loss of profit; or
11.4.213.4.2. loss of goodwill; or
11.4.313.4.3. loss of business; or
11.4.413.4.4. loss of business opportunity; or
11.4.5. loss of anticipated saving; or
11.4.6. loss or corruption of data or information; or
11.4.7. special, indirect or consequential damage suffered by the other party that arises under or in connection with the agreement.
11.5. Without prejudice to clause 11.3, the Supplier’s total liability arising under or in connection with any Supply Contract, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to £1,500,000.
Appears in 1 contract
Samples: General Terms and Conditions for Ad Hoc Fuel Supply
Remedies of Buyer. 11.113.1. Where the Buyer rejects the Goods then the Buyer shall have no further rights whatsoever in respect of the supply to the Buyer of the Goods or the failure by the Supplier to supply goods which conform to the Supply Contract. Where the Buyer accepts or has been deemed to have accepted the Goods then the Supplier shall have no liability whatsoever to the Buyer in respect of those Goods.
11.213.2. This clause 11 13 sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
11.2.113.2.1. any breach of a Supply Contract;
11.2.213.2.2. any use made or resale of the Goods by the Buyer, or of any product incorporating any of the Goods; and
11.2.313.2.3. any representation, statement or tortious act or omission (including negligence) arising under or in connection with the agreementAgreement.
11.313.3. Nothing in the agreement Agreement shall limit or exclude the liability of either party for:
11.3.113.3.1. death or personal injury resulting from negligence; or
11.3.213.3.2. fraud or fraudulent misrepresentation; or
11.3.313.3.3. payment of sums correctly invoiced under the agreement Agreement together with all interest charged on such sums in the event of non non-payment; or
11.3.413.3.4. breach of the terms implied by section 12 of the Sale of Goods Act 1979.
11.413.4. Without prejudice to clause 11.313.3, the Supplier shall not be liable to the Buyer, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
11.4.113.4.1. loss of profit; or
11.4.213.4.2. loss of goodwill; or
11.4.313.4.3. loss of business; or
11.4.413.4.4. loss of business opportunity; or
11.4.5. loss of anticipated saving; or
11.4.6. loss or corruption of data or information; or
11.4.7. special, indirect or consequential damage suffered by the other party that arises under or in connection with the agreement.
11.5. Without prejudice to clause 11.3, the Supplier’s total liability arising under or in connection with any Supply Contract, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to £1,500,000.
Appears in 1 contract
Samples: General Terms and Conditions for Ad Hoc Fuel Supply
