Terms
and Conditions: Intellectual Property, Warranty
and Liability
8.INTELLECTUAL PROPERTY
8.1.1 All intellectual property and other proprietary rights (including,
but not limited to, copyright and trademarks) and all technical, business
or similar information (including but not limited to, all designs, documents
and other materials relating to the Goods) created by the Supplier during
the course of the Contract shall be, and shall remain, the property of the
Supplier only.
9. WARRANTY AND LIABILITY
9.1 Nothing in this clause 9 shall exclude the Supplier's liability for
death or personal injury caused by its negligence.
9.2 Subject to the conditions set out below the Supplier warrants that all
Goods will correspond with the Order at the time of delivery and will be
free from defects on delivery.
9.3 If the Supplier is in breach of the warranty contained at clause 9.2
above, the Buyer shall advise the Supplier in Writing immediately and in
any case not later than [10] working days from the date of discovery of
the defect.
9.4 On receiving a notice under clause 9.2 above, the Supplier may, at its
sole option: 9.4.1 repair the Goods; 9.4.2 replace all or any part of the
defective Goods; or 9.4.3 refund the price of those Goods which are defective.
9.5 The warranty contained in clause 9.2 shall be the extent of the Supplier's
liability for defective Goods.
9.6 The Goods are not tested and sold as fit for any particular purpose
and any terms of warranty or condition express implied or statutory to the
contrary is excluded to the fullest extent allowed in law.
9.7 Save as expressly provided in these Conditions, 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 terms and
liabilities express or implied by statute or common law are excluded to
the fullest extent permitted by law and the Supplier will not be liable
to the Buyer for any loss of any kind whatsoever which arises out of the
breach of implied warranties or conditions or breach of any other duty of
any kind imposed on the Supplier by operation of law.
9.8 The Supplier will not be liable for any of the following losses which
may arise by reason of any breach of the Contract or any implied warranty,
condition or other term, any representation or any duty of any kind imposed
on the Supplier by operation of law:
9.8.1 any loss of anticipated profits or expected future business;
9.8.2 damage to reputation or goodwill;
9.8.3 any damages costs or expenses payable by the Buyer to any third party;
9.8.4 loss of any order or contract; or
9.8.5 any consequential loss of any kind.
9.9 Unless otherwise provided in these Conditions, and subject to clause
9.5, the liability of the Supplier for breach of any express or implied
term of this Agreement shall be limited to the reasonable cost of remedying
any defect in the Goods or other matter constituting a breach and in no
circumstances shall the Supplier's liability exceed the total amount paid
by the Buyer to the Supplier under the Contract.
9.10 If, notwithstanding the provisions of this clause 9, liability attaches
to the Supplier in no circumstances shall the Supplier's liability to the
Buyer for a breach of any express or implied terms of the Contract or any
other duty of any kind imposed on the Supplier by law arising out of or
in relation to the Contract exceed £[100].
9.11 Without prejudice to any other provision of this clause 9, the Supplier
will not be in breach of the terms of the Contract for any delay in performing,
or failure to perform, its obligations under the Contract if that delay
or failure was due to any cause or circumstance beyond the Supplier's reasonable
control.
Weld UK Ltd
1 Wilson Street, Pinxton, Notts, NG16 6LS
