Warranties and Liabilities. 9.1 In addition to all other terms and conditions and warranties given or implied by law or otherwise incorporated herein and without prejudice hereto it is a condition of every order placed by and every agreement for purchase entered into by St Austell Brewery, that all Goods or Services ordered and where relevant their packaging will comply strictly and in all respects with the nature, substance, quality, description, specification and quality ordered (and with all samples, if any accepted by St Austell Brewery in writing). 9.2 Whenever the Supplier pursuant to any order or purchase agreement attends premises under the control of St Austell Brewery, the Supplier will comply with all instructions, notices and regulations whether statutory or otherwise relating to the security and safety of the premises and of all persons in or about those premises. 9.3 The Supplier shall indemnify St Austell Brewery against all costs, charges, claims and demands in respect of damage or injury to property or persons or any other claim whatsoever and howsoever arising as a result of any defect in the Goods or Services for which the Supplier or the employees, sub-contractors or agents of the Supplier are responsible. The Supplier shall ensure that it maintains in force with an insurer of good reputation and security a policy of public liability insurance with a deductible level not exceeding £10,000,000 which will settle the Supplier’s liability to St Austell Brewery in the event that the Supplier shall not have sufficient funds to do so itself. The Supplier shall send St Austell Brewery a copy of their public liability insurance certificate each year when it is renewed. The Supplier shall ensure that any sub-contractors also maintain adequate insurance having regard to the obligations under this Agreement. 9.4 The Supplier shall be responsible for any property of St Austell Brewery issued to the Supplier in connection with any order or agreement and shall indemnify St Austell Brewery against expenses, claims, liabilities, loss or damage thereto 9.5 In addition to all other terms and conditions and warranties given or implied by law or otherwise incorporated herein and without prejudice the Supplier warrants that all Goods or Services supplied to St Austell Brewery by the Supplier (including all packaging, labels and descriptive matter) and the method of transportation and storage thereof and all Services supplied will comply with all United Kingdom legislation, regulations and relevant European Community directives and regulations relating hereto and in force at the time of delivery and any such additional specification as St Austell Brewery may direct from time to time. 9.6 The Supplier shall guarantee that on delivery of all fixtures, fittings and equipment supplied to St Austell Brewery and for a period of 24 months from delivery, the Goods shall be free from material defects. 9.7 The Supplier shall immediately indemnify St Austell Brewery against all costs, charges, claims, expenses, losses, demands and liabilities in respect of any breach of the warranty set out in clause 9.5 and 9.6 above. 9.8 The Supplier will provide to St Austell Brewery with each supply of Goods including packaging material, information on the properties of the Goods sufficient to alert St Austell Brewery to any taint or contamination characteristic of the Goods and to facilitate the safe storage, handling and transportation of the same. 9.9 All Food supplied shall be certified in writing as not having been subject to any irradiation procedure unless otherwise agreed in writing with St Austell Brewery that an irradiated Food shall be supplied.
Appears in 1 contract
Samples: Standard Terms and Conditions
Warranties and Liabilities. 9.1 In addition 8.1. The service provided by the Supplier is not warranted to be fault free.
8.2. Subject to the conditions set out below, the Supplier shall pass to the Customer (to the extent that the Supplier is legally entitled to do so) the benefit of any manufacturer’s warranty.
8.3. Where a valid claim is made in writing by the Customer in respect of Equipment that is defective or does not meet the specifications detailed in the Network Service Agreement the Supplier shall repair the defect provided that the Customer is not in breach of any of the terms of the Contract but the Supplier shall have no further liability whatsoever
8.4. Subject as expressly provided in these Terms, and except where the Equipment is sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all other warranties, terms and or conditions and warranties given or implied by statute or common law arising out of or otherwise incorporated herein and without prejudice hereto it is a condition of every order placed by and every agreement for purchase entered into by St Austell Brewery, that all Goods or Services ordered and where relevant their packaging will comply strictly and in all respects connection with the nature, substance, quality, description, specification and quality ordered (and with all samples, if supply of the Equipment or resale of the Equipment by the Customer are excluded to the fullest extent permitted by law. The Supplier’s prices are determined on this basis.
8.5. The Supplier’s employees or agents are not authorised to make any accepted representations about the Service unless confirmed by St Austell Brewery the Supplier in writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim it may have for damages for or right to rescind the Contract for any such representations which are not so confirmed (unless such representations were fraudulently made).
9.2 Whenever the Supplier pursuant to any order or purchase agreement attends premises under the control of St Austell Brewery, the Supplier will comply with all instructions, notices and regulations whether statutory or otherwise relating to the security and safety of the premises and of all persons in or about those premises.
9.3 The Supplier shall indemnify St Austell Brewery against all costs, charges, claims and demands in respect of damage or injury to property or persons or any other claim whatsoever and howsoever arising as a result of any defect in the Goods or Services for which the Supplier or the employees, sub-contractors or agents of the Supplier are responsible8.6. The Supplier shall ensure not be liable for any advice or recommendation about the Contract given by the Supplier or its employees or agents to the Customer or its employees or agents that is not confirmed in writing by the Supplier. The Customer acts on such unconfirmed advice or recommendation entirely at the Customer’s own risk. The Customer confirms that it maintains has not been induced to enter into this Contract on the basis of any representations of the Supplier that have not been confirmed in force writing.
8.7. The Supplier shall have no liability whatsoever:
8.7.1. in respect of any defect arising from fair wear and tear, willful damage, negligence (including improper storage), improper installation, use or maintenance, abnormal working conditions, failure to follow the Supplier’s instructions (whether oral or in writing), misuse or alteration or repair of the Equipment without the Supplier’s approval;
8.7.2. if any sum owing by the Customer to the supplier has not been paid.
8.7.3. if loss is suffered by the Customer because the Equipment fails to perform to its specifications due to the default of the network provider or any other third party.
8.8. Save as otherwise expressly provided in these Conditions, the following provisions set out the Supplier’s entire liability (including any liability for the acts and omissions of its employees, agents and sub-contractors) to the Customer in respect of:
8.8.1. any breach of the Supplier’s contractual obligations arising under the Contract;
8.8.2. any representation (other than fraudulent misrepresentation) statement or tortious act or omission (including negligence) arising under or in connection with the Contract. AND THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE FOLLOWING PROVISIONS OF THIS CLAUSE 8
8.9. Any act or omission on the part of the Supplier or its employees, agents or sub-contractors falling within clause 8.8 above is described as an insurer “Event of good reputation and security a policy Default”.
8.10. That part of public liability insurance with a deductible level not exceeding £10,000,000 which will settle the Supplier’s liability to St Austell Brewery the Customer for death or injury resulting from the Supplier’s negligence, or the negligence of the Supplier’s employees’, agents’ or sub-contractors that the law does not permit the Supplier to exclude shall be unlimited.
8.11. To the extent the law does not permit such liability to be excluded and save as otherwise expressly provided, the Supplier’s entire liability in respect of any Event of Default shall be limited to damages of an amount equal to the event that price paid by the Customer for the Service and Equipment over the three-month period preceding the Event of Default.
8.12. Subject to condition 9.9 above, the Supplier shall not have sufficient funds be liable to do so itselfthe Customer in respect of any Event of Default for any increased costs, expenses, loss of profits, goodwill, business, contracts, revenues or anticipated savings or any type of special, indirect or consequential loss (including loss or damage suffered by the Customer as a result of an action brought by a third party) even if such loss was reasonably foreseeable or the Supplier had been advised of the possibility of the Customer incurring the same.
8.13. The Supplier shall send St Austell Brewery a copy not be liable to the Customer, or be deemed to be in breach of their public liability insurance certificate each year when it is renewedthe Contract, by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations, if the delay or failure was due to any cause beyond the Seller’s reasonable control including (without limitation) flood, fire, war or threat of war, sabotage, civil disturbance or governmental action, import or export regulations or embargoes.
8.14. The Supplier Customer shall ensure that any sub-contractors also maintain adequate insurance having regard to the obligations under this Agreement.
9.4 The Supplier shall be responsible for any property of St Austell Brewery issued to fully indemnify the Supplier in connection with any order or agreement and shall indemnify St Austell Brewery against expenses, claims, liabilities, respect of loss or damage thereto
9.5 In addition to all other terms and conditions and warranties given the Supplier’s property or implied by law or otherwise incorporated herein and without prejudice death of any of the Supplier warrants that all Goods or Services supplied to St Austell Brewery Supplier’s employees caused by the Supplier (including all packaging, labels and descriptive matter) and negligence or willful misconduct of the method of transportation and storage thereof and all Services supplied will comply with all United Kingdom legislation, regulations and relevant European Community directives and regulations relating hereto and in force at the time of delivery and any such additional specification as St Austell Brewery may direct from time to timeCustomer.
9.6 8.15. The Supplier shall guarantee Customer agrees that on delivery of all fixtures, fittings and equipment supplied to St Austell Brewery and for a period of 24 months from delivery, the Goods it shall be free from material defects.
9.7 solely liable for and, if so required, indemnify the Company for any costs of or occasioned by any interference with and/or usurpation of and/or unauthorized access to the calls (whether incoming or outgoing) provided by the Telephone Call Service by any third party whether such interference or usurpation is a part of a fraud, attempted fraud or any course of action with fraudulent intent or otherwise. The Supplier shall immediately indemnify St Austell Brewery against all costs, charges, claims, expenses, losses, demands and liabilities in respect of Customer further agrees that it will pay any breach of the warranty set out in clause 9.5 and 9.6 above.
9.8 The Supplier will provide to St Austell Brewery with each supply of Goods including packaging material, information on the properties of the Goods sufficient to alert St Austell Brewery to any taint or contamination characteristic of the Goods and to facilitate the safe storage, handling and transportation of the same.
9.9 All Food supplied shall be certified sum demanded in writing as not having been subject by the Company under this clause 8.15 forthwith to any irradiation procedure unless otherwise agreed in writing with St Austell Brewery that an irradiated Food shall be suppliedthe Company.
Appears in 1 contract
Samples: Network Service Agreement
Warranties and Liabilities. 9.1 In addition Subject to all other terms and conditions and warranties given or implied by law or otherwise incorporated herein and without prejudice hereto it is a condition of every order placed by and every agreement for purchase entered into by St Austell Brewery, that all Goods or Services ordered and where relevant their packaging will comply strictly and in all respects with the nature, substance, quality, description, specification and quality ordered (and with all samples, if any accepted by St Austell Brewery in writing).
9.2 Whenever the Supplier pursuant to any order or purchase agreement attends premises under the control of St Austell Breweryfollowing provisions, the Supplier Company warrants that the Goods will correspond with their specification at the time of delivery and that the Company will comply with all instructions, notices safety and security regulations whether statutory or otherwise relating in force at the Site which are brought to the security and safety attention of such of its employees or agents as are attending the premises and Site.
9.2 Where the Company supplies any Goods supplied by a third party, the Company does not give any warranty, guarantee, or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Customer the benefit of all persons in any warranty guarantee or about those premisesindemnity given by the person supplying the Goods to the Company.
9.3 The Supplier Company warrants that the Services will be provided with due care, skill and expertise.
9.4 The Company shall indemnify St Austell Brewery against all costs, charges, claims and demands be under no liability:
9.4.1 in respect of damage or injury to property or persons or any other claim whatsoever and howsoever arising as a result of any defect in the Goods or Services for which the Supplier arising from any drawing, design or the employees, sub-contractors or agents of the Supplier are responsible. The Supplier shall ensure that it maintains in force with an insurer of good reputation and security a policy of public liability insurance with a deductible level not exceeding £10,000,000 which will settle the Supplier’s liability to St Austell Brewery in the event that the Supplier shall not have sufficient funds to do so itself. The Supplier shall send St Austell Brewery a copy of their public liability insurance certificate each year when it is renewed. The Supplier shall ensure that any sub-contractors also maintain adequate insurance having regard to the obligations under this Agreement.
9.4 The Supplier shall be responsible for any property of St Austell Brewery issued to the Supplier in connection with any order or agreement and shall indemnify St Austell Brewery against expenses, claims, liabilities, loss or damage thereto
9.5 In addition to all other terms and conditions and warranties given or implied by law or otherwise incorporated herein and without prejudice the Supplier warrants that all Goods or Services specification supplied to St Austell Brewery by the Supplier (including all packaging, labels and descriptive matter) and the method of transportation and storage thereof and all Services supplied will comply with all United Kingdom legislation, regulations and relevant European Community directives and regulations relating hereto and in force at the time of delivery and any such additional specification as St Austell Brewery may direct from time to time.Customer;
9.6 The Supplier shall guarantee that on delivery of all fixtures, fittings and equipment supplied to St Austell Brewery and for a period of 24 months from delivery, the Goods shall be free from material defects.
9.7 The Supplier shall immediately indemnify St Austell Brewery against all costs, charges, claims, expenses, losses, demands and liabilities 9.4.2 in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without the Company’s approval;
9.4.3 if the total price for the Goods and Services has not been paid by the due date for payment.
9.5 Subject as expressly provided in these Terms, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9.6 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Terms.
9.7 A claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with the specification shall (whether or not delivery is refused by the Customer) be notified to the Company in Writing within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If the delivery is not refused, and the Customer does not notify the Company accordingly, the Customer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
9.8 Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the Goods or their failure to meet with the specification is notified to the Company in accordance with these Terms, the Company may replace the Goods (or the part in question) free of charge or, at the Company’s sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), in which case the Company shall have no further liability to the Customer.
9.9 A claim by a Customer, which is based on the failure by the Company to provide the Service adequately or in accordance with these Terms, shall be notified to the Company in Writing within seven days from the date upon which the Service was provided. If the Customer does not notify the Company accordingly the Customer shall not be entitled to reject the Service and the Company shall have no liability for such breach and the Customer shall be bound to pay the price as if the Service had been provided in accordance with the Contract.
9.10 Where a valid claim, which is based on the failure of the Service to accord with these Terms, is notified to the Company in accordance with these Terms, the Company may remedy any defective works carried out without charge, or, at the Company’s sole discretion, refund to the Customer the price of the Service (or a proportionate part of the price), in which case the Company shall have no further liability to the Customer.
9.11 The Customer warrants that:
9.11.1 he is insured adequately in respect of Employer’s Liability and Public Liability risks;
9.11.2 he will comply in full with all relevant statutes and bye-laws relating to health and safety of the Company’s personnel at the Site at all times;
9.11.3 if he requires any approval, consent or licence for the installation or use of the Goods and/or Services he will ensure that such approval, consent or licence is in full force and effect;
9.11.4 he has explained to the Company any specific requirements in full and has satisfied himself as to the Company’s suitability to perform or provide the Services and accordingly the Company gives no warranty, express or implied in respect of this.
9.12 Except in respect of death or personal injury caused by the Company’s negligence, or liability for defective products under the Consumer Protection Act 1987, the Company shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or Services (including any delay in supplying or any failure to supply the Goods or Services in accordance with the Contract or at all) or their use or resale by the Customer and the entire liability of the Company under or in connection with the Contract shall not exceed the price of the Goods and/or Services, except as expressly provided in these Terms.
9.13 The Company shall not be liable to the Customer or be deemed to be in breach of the warranty set out Contract by reason of any delay in clause 9.5 and 9.6 aboveperforming, or any failure to perform, any of the Company’s obligations in relation to the Goods or Services, if the delay or failure was due to any cause beyond the Company’s reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control:
9.13.1 act of God, explosion, flood, tempest, fire or accident;
9.13.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
9.13.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
9.13.4 import or export regulations or embargoes;
9.13.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
9.13.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
9.13.7 power failure or breakdown in broadcast transmitters or internet connectivity.
9.8 9.14 The Supplier will provide Customer may not withhold payment of any invoice or other amount due to St Austell Brewery with each supply the Company by reason of Goods including packaging materialany right of set-off, information on discount, deduction or counterclaim whatsoever which the properties of the Goods sufficient Customer may have or allege to alert St Austell Brewery to have or for any taint or contamination characteristic of the Goods and to facilitate the safe storage, handling and transportation of the samereason whatever.
9.9 All Food supplied shall be certified in writing as not having been subject to any irradiation procedure unless otherwise agreed in writing with St Austell Brewery that an irradiated Food shall be supplied.
Appears in 1 contract
Samples: Terms and Conditions of Business
Warranties and Liabilities. 9.1 In addition to all other terms and conditions and warranties given or implied by law or otherwise incorporated herein and without prejudice hereto it is a condition of every order placed by and every agreement for purchase entered into by St Austell Brewery, that all Goods or Services ordered and where relevant their packaging will comply strictly and in all respects with the nature, substance, quality, description, specification and quality ordered (and with all samples, if any accepted by St Austell Brewery in writing).
9.2 Whenever the Supplier pursuant to any order or purchase agreement attends premises under the control of St Austell Brewery, the Supplier will comply with all instructions, notices and regulations whether statutory or otherwise relating a) Subject to the security and safety of the premises and of all persons in or about those premises.
9.3 The Supplier shall indemnify St Austell Brewery against all costs, charges, claims and demands in respect of damage or injury to property or persons or any other claim whatsoever and howsoever arising as a result of any defect in conditions set out below We warrant that the Goods or Services for which the Supplier or the employees, sub-contractors or agents will be of the Supplier are responsible. The Supplier shall ensure that it maintains in force with an insurer of good reputation and security a policy of public liability insurance with a deductible level not exceeding £10,000,000 which will settle the Supplier’s liability to St Austell Brewery in the event that the Supplier shall not have sufficient funds to do so itself. The Supplier shall send St Austell Brewery a copy of their public liability insurance certificate each year when it is renewed. The Supplier shall ensure that any sub-contractors also maintain adequate insurance having regard to the obligations under this Agreement.
9.4 The Supplier shall be responsible for any property of St Austell Brewery issued to the Supplier in connection with any order or agreement and shall indemnify St Austell Brewery against expenses, claims, liabilities, loss or damage thereto
9.5 In addition to all other terms and conditions and warranties given or implied by law or otherwise incorporated herein and without prejudice the Supplier warrants that all Goods or Services supplied to St Austell Brewery by the Supplier (including all packaging, labels and descriptive matter) and the method of transportation and storage thereof and all Services supplied will comply with all United Kingdom legislation, regulations and relevant European Community directives and regulations relating hereto and in force satisfactory quality at the time of delivery and the Services will be provided using reasonable care and skill and, as far as is reasonably possible, in accordance with the description contained in your Order.
b) Notwithstanding the above warranty, We shall not be liable for:-
i) Any defect in any glass or sealed unit contained in the products provided that such additional specification glass conforms with the Glass and Glazing Federation’s inspection guidelines for visual quality of insulating glass units as St Austell Brewery may direct published from time to time.; and
9.6 The Supplier shall guarantee ii) Any materials removed during the course of installation which have been disposed of and cannot be retrieved unless any such items were clearly stated on the face of the Contract to be retained although we give no undertaking that on delivery of all fixtures, fittings and equipment supplied to St Austell Brewery and for a period of 24 months from delivery, the Goods shall any such items will be free from material defectsdamage.
9.7 The Supplier c) We do not warrant or represent that the Goods will be of a uniform appearance and/or quality with existing PVCu products at your premises and We shall immediately indemnify St Austell Brewery against be under no liability to You to ensure any such uniformity.
d) We shall be under no liability to You for any failure to provide satisfactory Goods and/or Services arising from any fault of yours.
e) Subject as expressly provided in these Conditions, and except where the Goods and Services are provided to a person dealing as a consumer (within the meaning of the Unfair Contracts Conditions Act 1977) all costswarranties, charges, claims, expenses, losses, demands conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. If the Goods and liabilities Services are provided to You as a consumer (within the above meaning) then nothing in respect these Conditions or in the Contract is intended to limit rights which You may have under any statutory provisions or other laws which may not be limited nor in any way to exclude any liability which We may have to You for any death or personal injury caused by our negligence.
f) You must notify us within a reasonable time from the date of the completion of the Services of any breach of claim which You make based on any defect in the warranty set out in clause 9.5 and 9.6 above.
9.8 The Supplier will provide to St Austell Brewery with each supply of Goods including packaging material, information on the properties quality of the Goods sufficient or the Services or their failure to alert St Austell Brewery correspond with specification. If You do not notify us accordingly and (subject to Condition 5) We shall have no liability for such defect or failure. Retentions on account of any taint uncompleted services or contamination characteristic of alleged damage or defect to the Goods or Services will not be permitted under any circumstances without Our prior consent and approval as to facilitate the safe storage, handling and transportation amount of the sameany retention which will be given at Our absolute discretion. Any damaged Goods will be repaired using recognised industry techniques or replaced at Our discretion.
9.9 All Food supplied shall be certified in writing as not having been subject to any irradiation procedure unless otherwise agreed in writing with St Austell Brewery that an irradiated Food shall be supplied.
Appears in 1 contract
Samples: Conditions of Supply Agreement
Warranties and Liabilities. 9.1 In addition 8. 1 The Supplier does not warrant that the Service will never be faulty.
8. 2 Subject to the conditions set out below, the Supplier shall pass to the Customer (to the extent that the Supplier is legally entitled to do so) the benefit of any manufacturer’s warranty.
8. 3 Where a valid claim is made in writing by the Customerin respect of Equipment that is defective or does not meet the specifications detailed in the Network Service Agreement the Supplier shall repair the defect provided that the Customer is not in breach of any of the terms of the Contract but the Supplier shall have no further liability whatsoever.
8. 4 Subject as expressly provided in these Terms, and except where the Equipment is sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all other warranties, terms and or conditions and warranties given or implied by statute or common law arising out of or otherwise incorporated herein and without prejudice hereto it is a condition of every order placed by and every agreement for purchase entered into by St Austell Brewery, that all Goods or Services ordered and where relevant their packaging will comply strictly and in all respects connection with the nature, substance, quality, description, specification and quality ordered (and with all samples, if supply of the Equipment or resale of the Equipment by the Customer are excluded to the fullest extent permitted by law. The Supplier’s prices are determined on this basis.
8. 5 The Supplier’s employees or agents are not authorised to make any accepted representations about the Service unless confirmed by St Austell Brewery the Supplier in writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim it may have for damages for or right to rescind the Contract for any such representations which are not so confirmed (unless such representations were fraudulently made).
9.2 Whenever the Supplier pursuant to any order or purchase agreement attends premises under the control of St Austell Brewery, the Supplier will comply with all instructions, notices and regulations whether statutory or otherwise relating to the security and safety of the premises and of all persons in or about those premises.
9.3 8. 6 The Supplier shall indemnify St Austell Brewery against all costs, charges, claims and demands in respect of damage not be liable for any advice or injury to property or persons or any other claim whatsoever and howsoever arising as a result of any defect in recommendation about the Goods or Services for which Contract given by the Supplier or the employees, sub-contractors its employees or agents to the Customer or its employees or agents that is not confirmed in writing by the Supplier. The Customer acts on such unconfirmed advice or recommendation entirely at the Customer’s own risk. The Customer confirms that it has not been induced to enter into this Contract on the basis of any representations of the Supplier are responsiblethat have not been confirmed in writing.
8. 7 The Supplier shall ensure that it maintains in force with an insurer of good reputation and security a policy of public have no liability insurance with a deductible level not exceeding £10,000,000 which will settle the Supplier’s liability to St Austell Brewery in the event that the Supplier shall not have sufficient funds to do so itselfwhatsoever:
8. The Supplier shall send St Austell Brewery a copy of their public liability insurance certificate each year when it is renewed7 . The Supplier shall ensure that any sub-contractors also maintain adequate insurance having regard to the obligations under this Agreement.
9.4 The Supplier shall be responsible for any property of St Austell Brewery issued to the Supplier in connection with any order or agreement and shall indemnify St Austell Brewery against expenses, claims, liabilities, loss or damage thereto
9.5 In addition to all other terms and conditions and warranties given or implied by law or otherwise incorporated herein and without prejudice the Supplier warrants that all Goods or Services supplied to St Austell Brewery by the Supplier (including all packaging, labels and descriptive matter) and the method of transportation and storage thereof and all Services supplied will comply with all United Kingdom legislation, regulations and relevant European Community directives and regulations relating hereto and in force at the time of delivery and any such additional specification as St Austell Brewery may direct from time to time.
9.6 The Supplier shall guarantee that on delivery of all fixtures, fittings and equipment supplied to St Austell Brewery and for a period of 24 months from delivery, the Goods shall be free from material defects.
9.7 The Supplier shall immediately indemnify St Austell Brewery against all costs, charges, claims, expenses, losses, demands and liabilities 1 in respect of any breach defect arising from fair wear and tear, wilful damage, negligence (including improper storage), improper installation, use or maintenance, abnormal working conditions, failure to follow the Supplier’s instructions (whetheroral or in writing), misuse or alteration or repair of the warranty set out in clause 9.5 and 9.6 aboveEquipment without the Supplier’s approval;
8. 7 . 2 if any sum owing by the Customer to the supplier has not been paid.
9.8 The Supplier will provide 8. 7 . 3 if loss is suffered by the Customerbecause the Equipment fails to St Austell Brewery with each supply of Goods including packaging material, information on perform to its specifications due to the properties default of the Goods sufficient to alert St Austell Brewery to network provider or any taint or contamination characteristic of the Goods and to facilitate the safe storage, handling and transportation of the sameother third party.
9.9 All Food supplied shall be certified in writing as not having been subject to any irradiation procedure unless otherwise agreed in writing with St Austell Brewery that an irradiated Food shall be supplied.
Appears in 1 contract
Samples: Network, Line Rental and Broadband Terms and Conditions
Warranties and Liabilities. 9.1 In addition 8. 1 The Supplier does not warrant that the Service will never be faulty.
8. 2 Subject to the conditions set out below, the Supplier shall pass to the Customer (to the extent that the Supplier is legally entitled to do so) the benefit of any manufacturer’s warranty.
8. 3 Where a valid claim is made in writing by the Customerin respect of Equipment that is defective or does not meet the specifications detailed in the Network Service Agreement the Supplier shall repair the defect provided that the Customer is not in breach of any of the terms of the Contract but the Supplier shall have no further liability whatsoever.
8. 4 Subject as expressly provided in these Terms, and except where the Equipment is sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all other warranties, terms and or conditions and warranties given or implied by statute or common law arising out of or otherwise incorporated herein and without prejudice hereto it is a condition of every order placed by and every agreement for purchase entered into by St Austell Brewery, that all Goods or Services ordered and where relevant their packaging will comply strictly and in all respects connection with the nature, substance, quality, description, specification and quality ordered (and with all samples, if supply of the Equipment or resale of the Equipment by the Customer are excluded to the fullest extent permitted by law. The Supplier’s prices are determined on this basis.
8. 5 The Supplier’s employees or agents are not authorised to make any accepted representations about the Service unless confirmed by St Austell Brewery the Supplier in writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim it may have for damages for or right to rescind the Contract for any such representations which are not so confirmed (unless such representations were fraudulently made).
9.2 Whenever the Supplier pursuant to any order or purchase agreement attends premises under the control of St Austell Brewery, the Supplier will comply with all instructions, notices and regulations whether statutory or otherwise relating to the security and safety of the premises and of all persons in or about those premises.
9.3 8. 6 The Supplier shall indemnify St Austell Brewery against all costs, charges, claims and demands in respect of damage not be liable for any advice or injury to property or persons or any other claim whatsoever and howsoever arising as a result of any defect in recommendation about the Goods or Services for which Contract given by the Supplier or the employees, sub-contractors its employees or agents to the Customer or its employees or agents that is not confirmed in writing by the Supplier. The Customer acts on such unconfirmed advice or recommendation entirely at the Customer’s own risk. The Customer confirms that it has not been induced to enter into this Contract on the basis of any representations of the Supplier are responsiblethat have not been confirmed in writing.
8. 7 The Supplier shall ensure that it maintains in force with an insurer of good reputation and security a policy of public have no liability insurance with a deductible level not exceeding £10,000,000 which will settle the Supplier’s liability to St Austell Brewery in the event that the Supplier shall not have sufficient funds to do so itselfwhatsoever:
8. The Supplier shall send St Austell Brewery a copy of their public liability insurance certificate each year when it is renewed7 . The Supplier shall ensure that any sub-contractors also maintain adequate insurance having regard to the obligations under this Agreement.
9.4 The Supplier shall be responsible for any property of St Austell Brewery issued to the Supplier in connection with any order or agreement and shall indemnify St Austell Brewery against expenses, claims, liabilities, loss or damage thereto
9.5 In addition to all other terms and conditions and warranties given or implied by law or otherwise incorporated herein and without prejudice the Supplier warrants that all Goods or Services supplied to St Austell Brewery by the Supplier (including all packaging, labels and descriptive matter) and the method of transportation and storage thereof and all Services supplied will comply with all United Kingdom legislation, regulations and relevant European Community directives and regulations relating hereto and in force at the time of delivery and any such additional specification as St Austell Brewery may direct from time to time.
9.6 The Supplier shall guarantee that on delivery of all fixtures, fittings and equipment supplied to St Austell Brewery and for a period of 24 months from delivery, the Goods shall be free from material defects.
9.7 The Supplier shall immediately indemnify St Austell Brewery against all costs, charges, claims, expenses, losses, demands and liabilities 1 in respect of any defect arising from fair wear and tear, wilful damage, negligence (including improper storage), improper installation, use or maintenance, abnormal working conditions, failure to follow the Supplier’s instructions (whetheroral or in writing), misuse or alteration or repair of the Equipment without the Supplier’s approval;
8. 7 . 2 if any sum owing by the Customer to the supplier has not been paid.
8. 7 . 3 if loss is suffered by the Customerbecause the Equipment fails to perform to its specifications due to the default of the network provider or any other third party.
8. 8 Save as otherwise expressly provided in these Conditions, the following provisions set out the Supplier’s entire liability (including any liability for the acts and omissions of its employees, agents and sub-contractors) to the Customer in respect of:
8. 8 . 1 any breach of the warranty set out Supplier’s contractual obligations arising under the Contract;
8. 8 . 2 any representation (other than fraudulent misrepresentation) statement or tortuous act or omission (including negligence) arising under or in clause 9.5 and 9.6 above.connection with the Contract. AND THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE FOLLOWING PROVISIONS OF THIS CLAUSE 8
9.8 The Supplier will provide to St Austell Brewery with each supply of Goods including packaging material, information 8. 9 Any act oromission on the properties part of the Goods sufficient to alert St Austell Brewery to any taint Supplier or contamination characteristic its employees, agents or subcontractors falling within clause 8.8 above is described as an “Event of the Goods and to facilitate the safe storage, handling and transportation of the sameDefault”.
9.9 All Food supplied shall be certified in writing as not having been subject to any irradiation procedure unless otherwise agreed in writing with St Austell Brewery that an irradiated Food shall be supplied.
Appears in 1 contract
Samples: Network, Line Rental and Broadband Terms and Conditions
Warranties and Liabilities. 9.1 In addition to all other terms and conditions and warranties given or implied by law or otherwise incorporated herein and without prejudice hereto it is a condition of every order placed by and every agreement for purchase entered into by St Austell Brewery, that all Goods or Services ordered and where relevant their packaging will comply strictly and in all respects with the nature, substance, quality, description, specification and quality ordered (and with all samples, if any accepted by St Austell Brewery in writing).
9.2 Whenever the Supplier pursuant to any order or purchase agreement attends premises under the control of St Austell Brewery, the Supplier will comply with all instructions, notices and regulations whether statutory or otherwise relating a) Subject to the security and safety of the premises and of all persons in or about those premises.
9.3 The Supplier shall indemnify St Austell Brewery against all costs, charges, claims and demands in respect of damage or injury to property or persons or any other claim whatsoever and howsoever arising as a result of any defect in conditions set out below We warrant that the Goods or Services for which the Supplier or the employees, sub-contractors or agents will be of the Supplier are responsible. The Supplier shall ensure that it maintains in force with an insurer of good reputation and security a policy of public liability insurance with a deductible level not exceeding £10,000,000 which will settle the Supplier’s liability to St Austell Brewery in the event that the Supplier shall not have sufficient funds to do so itself. The Supplier shall send St Austell Brewery a copy of their public liability insurance certificate each year when it is renewed. The Supplier shall ensure that any sub-contractors also maintain adequate insurance having regard to the obligations under this Agreement.
9.4 The Supplier shall be responsible for any property of St Austell Brewery issued to the Supplier in connection with any order or agreement and shall indemnify St Austell Brewery against expenses, claims, liabilities, loss or damage thereto
9.5 In addition to all other terms and conditions and warranties given or implied by law or otherwise incorporated herein and without prejudice the Supplier warrants that all Goods or Services supplied to St Austell Brewery by the Supplier (including all packaging, labels and descriptive matter) and the method of transportation and storage thereof and all Services supplied will comply with all United Kingdom legislation, regulations and relevant European Community directives and regulations relating hereto and in force satisfactory quality at the time of delivery and the Services will be provided using reasonable care and skill and, as far as is reasonably possible, in accordance with the description contained in your Order.
b) Notwithstanding the above warranty, We shall not be liable for:-
i) Any defect in any glass or sealed unit contained in the products provided that such glass conforms with the Glass and Glazing Federation’s inspection guidelines for visual quality of insulating glass units refer to appendix A; and
ii) Any materials removed during the course of installation which have been disposed of and cannot be retrieved unless any such additional specification as St Austell Brewery may direct from time items were clearly stated on the face of the Contract to time.
9.6 The Supplier shall guarantee be retained although we give no undertaking that on delivery of all fixtures, fittings and equipment supplied to St Austell Brewery and for a period of 24 months from delivery, the Goods shall any such items will be free from material defectsdamage.
9.7 The Supplier c) We do not warrant or represent that the Goods will be of a uniform appearance and/or quality with existing PVCu products at your premises and We shall immediately indemnify St Austell Brewery against be under no liability to You to ensure any such uniformity.
d) We shall be under no liability to You for any failure to provide satisfactory Goods and/or Services arising from any fault of yours.
e) Subject as expressly provided in these Conditions, and except where the Goods and Services are provided to a person dealing as a consumer (within the meaning of the Unfair Contracts Conditions Act 1977) all costswarranties, charges, claims, expenses, losses, demands conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. If the Goods and liabilities Services are provided to You as a consumer (within the above meaning) then nothing in respect these Conditions or in the Contract is intended to limit rights which You may have under any statutory provisions or other laws which may not be limited nor in any way to exclude any liability which We may have to You for any death or personal injury caused by our negligence.
f) You must notify us within a reasonable time (seven days for marks or damage) from the date of the completion of the Services of any breach of claim which You make based on any defect in the warranty set out in clause 9.5 and 9.6 above.
9.8 The Supplier will provide to St Austell Brewery with each supply of Goods including packaging material, information on the properties quality of the Goods sufficient or the Services or their failure to alert St Austell Brewery correspond with specification. If You do not notify us accordingly and (subject to Condition 5) We shall have no liability for such defect or failure. Retentions on account of any taint uncompleted services or contamination characteristic of alleged damage or defect to the Goods or Services will not be permitted under any circumstances without Our prior consent and approval as to facilitate the safe storage, handling and transportation amount of the sameany retention which will be given at Our absolute discretion. Any damaged Goods will be repaired using recognised industry techniques or replaced at Our discretion.
9.9 All Food supplied shall be certified in writing as not having been subject to any irradiation procedure unless otherwise agreed in writing with St Austell Brewery that an irradiated Food shall be supplied.
Appears in 1 contract
Samples: Conditions of Supply Agreement
Warranties and Liabilities. 9.1 In addition to all other terms and conditions and warranties given or implied by law or otherwise incorporated herein and without prejudice hereto it is a condition of every order placed by and every agreement for purchase entered into by St Austell Brewery, that all Goods or Services ordered and where relevant their packaging will comply strictly and in all respects with the nature, substance, quality, description, specification and quality ordered (and with all samples, if any accepted by St Austell Brewery in writing).
9.2 Whenever the Supplier pursuant to any order or purchase agreement attends premises under the control of St Austell Brewery, the Supplier will comply with all instructions, notices and regulations whether statutory or otherwise relating a) Subject to the security and safety of the premises and of all persons in or about those premises.
9.3 The Supplier shall indemnify St Austell Brewery against all costs, charges, claims and demands in respect of damage or injury to property or persons or any other claim whatsoever and howsoever arising as a result of any defect in conditions set out below We warrant that the Goods or Services for which the Supplier or the employees, sub-contractors or agents will be of the Supplier are responsible. The Supplier shall ensure that it maintains in force with an insurer of good reputation and security a policy of public liability insurance with a deductible level not exceeding £10,000,000 which will settle the Supplier’s liability to St Austell Brewery in the event that the Supplier shall not have sufficient funds to do so itself. The Supplier shall send St Austell Brewery a copy of their public liability insurance certificate each year when it is renewed. The Supplier shall ensure that any sub-contractors also maintain adequate insurance having regard to the obligations under this Agreement.
9.4 The Supplier shall be responsible for any property of St Austell Brewery issued to the Supplier in connection with any order or agreement and shall indemnify St Austell Brewery against expenses, claims, liabilities, loss or damage thereto
9.5 In addition to all other terms and conditions and warranties given or implied by law or otherwise incorporated herein and without prejudice the Supplier warrants that all Goods or Services supplied to St Austell Brewery by the Supplier (including all packaging, labels and descriptive matter) and the method of transportation and storage thereof and all Services supplied will comply with all United Kingdom legislation, regulations and relevant European Community directives and regulations relating hereto and in force satisfactory quality at the time of delivery and the Services will be provided using reasonable care and skill and, as far as is reasonably possible, in accordance with the description contained in your Order.
b) Notwithstanding the above warranty, We shall not be liable for:-
b.i) any defect in any glass or sealed unit contained in the products provided that such additional specification glass conforms with the Glass and Glazing Federation’s inspection guidelines for visual quality of insulating glass units as St Austell Brewery may direct published from time to time.; and
9.6 The Supplier shall guarantee b.ii) any materials removed during the course of installation which have been disposed of and cannot be retrieved unless any such items were clearly stated on the face of the Contract to be retained although we give no undertaking that on delivery of all fixtures, fittings and equipment supplied to St Austell Brewery and for a period of 24 months from delivery, the Goods shall any such items will be free from material defectsdamage.
9.7 The Supplier c) We do not warrant or represent that the Goods will be of a uniform appearance and/or quality with existing PVCu products at your premises and We shall immediately indemnify St Austell Brewery against be under no liability to You to ensure any such uniformity.
d) We shall be under no liability to You for any failure to provide satisfactory Goods and/or Services arising from any fault of yours.
e) Subject as expressly provided in these Conditions, and except where the Goods and Services are provided to a person dealing as a consumer (within the meaning of the Unfair Contracts Conditions Act 1977) all costswarranties, charges, claims, expenses, losses, demands conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. If the Goods and liabilities Services are provided to You as a consumer (within the above meaning) then nothing in respect these Conditions or in the Contract is intended to limit rights which You may have under any statutory provisions or other laws which may not be limited nor in any way to exclude any liability which We may have to You for any death or personal injury caused by our negligence.
f) You must notify us within a reasonable time from the date of the completion of the Services of any breach of claim which You make based on any defect in the warranty set out in clause 9.5 and 9.6 above.
9.8 The Supplier will provide to St Austell Brewery with each supply of Goods including packaging material, information on the properties quality of the Goods sufficient or the Services or their failure to alert St Austell Brewery correspond with specification. If You do not notify us accordingly and (subject to Condition 5) We shall have no liability for such defect or failure. Retentions on account of any taint uncompleted services or contamination characteristic of alleged damage or defect to the Goods or Services will not be permitted under any circumstances without Our prior consent and approval as to facilitate the safe storage, handling and transportation amount of the sameany retention which will be given at Our absolute discretion. Any damaged Goods will be repaired using recognised industry techniques or replaced at Our discretion.
9.9 All Food supplied shall be certified in writing as not having been subject to any irradiation procedure unless otherwise agreed in writing with St Austell Brewery that an irradiated Food shall be supplied.
Appears in 1 contract
Samples: Contract for the Purchase and Sale of Goods and Services
