6.4 The Company's liability under Conditions 6.2 and 6.3 shall be limited to repairing or replacing the lost, damaged or defective Goods or, at the Company's option, repaying a corresponding proportion of the price paid by Buyer and the Company shall not be under any other liability thereunder whatsoever.
6.5 No claim will be met by the Company under Condition 6.3 if, in the opinion of the Company:-
(a) the defect is not due solely to defective materials or manufacture;
(b) the Goods have been misused or subject to neglect, carelessness or abnormal conditions or involved in any accident or attempt at repair, replacement or modification or dealt with contrary to any directions issued by the Company; or
(c) the terms of payment set out in Condition 4.1 have not been complied with.
6.6 The warranty contained in this Condition is specifically limited to Buyer and no warranty is made to any other person, whether subsequent buyer or user, or to any bailee, licensee, assignee, agent or otherwise.
6.7 The Company gives no warranty and makes no representation that any sale or use by Buyer of the Goods will be free from infringement of any patent or other intellectual property right owned or controlled by any third party.
7. RETENTION OF TITLE
7.1 Notwithstanding delivery the property in the Goods will remain in the Company and subject to the following provisions of this Condition Buyer will hold the Goods as bailee for the Company until payment in full of the price for the Goods and all other sums due from Buyer to the Company on any account whatsoever (in this Condition referred to as "Payment").
7.2 If Buyer (before Payment) sells the Goods to any third party it shall, as between Buyer and such third party sell as principal but as between Buyer and the Company, Buyer shall sell as the fiduciary agent of the Company.
7.3 Buyer shall hold such part of the proceeds of any such sale as equates to the aggregate amount due from Buyer to the Company on any account whatsoever separate and for the Company's account pending Payment or shall if the Company so requires authorise and direct such third party to pay to the
Company a like part of the sum due to Buyer in respect of the Goods so sold and assign to the Company such part of the debt owed to Buyer by such third party.
7.4 Buyer shall keep the Goods in good condition, and separate and clearly identified as the property of the Company until Payment.
7.5 After delivery and until Payment Buyer shall keep the Goods fully insured and if the Goods are lost, damaged or destroyed shall hold the proceeds of insurance to the order of the Company pending Payment.
7.6 The Company may at any time without notice recover possession of Goods the property of the Company and Buyer grants to the Company irrevocable license to enter for that purpose any premises then occupied by Buyer.
7.7 The Company shall be entitled to maintain an action for the price of the Goods, notwithstanding that the property in them has not passed to Buyer.
8. LIABILITY
8.1 All descriptions, representations, specifications, samples, colours, illustrations and other particulars furnished or made orally by the Company or in any catalogues, trade literature, price lists or other documents issued by the Company are given for general information purposes only and Buyer acknowledges that it is not entering into the contract in reliance upon any such description, representation, specification, sample or other particular.
8.2 Except to the extent specifically provided for in these Conditions, the Company shall not be liable whether in contract, tort or otherwise for any loss, damage or injury however caused or arising from any defect in, failure in, or unsuitability for any purpose of, the Goods.
8.3 The Company shall not in any event be liable for any indirect or consequential loss whatever and however caused.
8.4 Nothing in these Conditions shall exclude or restrict any liability for death or personal injury resulting from the Company's negligence, as that expression is defined in Section 1 of the Unfair Contract Terms Act 1977.
9. WAIVER
No failure or delay by the Company is exercising any right hereunder shall operate as a waiver thereof or extend to or affect any other or subsequent event or impair any rights or remedies consequent thereon or in any way modify or diminish the rights of the Company under these conditions.
10. ASSIGNMENT
Buyer shall not assign or transfer or purport to assign or transfer any contract to which these Conditions apply or the benefit thereof to any other person.
11. SEVERANCE
If any Condition shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable in any way, such invalidity or unenforceability shall in no way impair or affect any other Condition all of which shall remain in full force and effect.
12. NOTICES
Any notice to be given under these Conditions may be delivered, or be sent by first class pre-paid post addressed to the party to be served at the address for such party last known to the party giving the notice or may be transmitted by email to the email address of the party to be served last known to the party giving notice. Notices served by post shall be deemed served 48 hours after posting and notices served by email deemed served on ‘read receipt’.
13. FORCE MAJEURE
Any contract to which these Conditions apply is subject to cancellation by the Company or to such variation as it may find necessary by reason of inability to secure labour, materials, transport or supplies or by reason of strike, lockout, trade dispute, weather conditions, hostilities, legislation,
Act of God or any cause whatsoever beyond the control of the Company.
14. GOVERNING LAW
These Conditions shall be governed by and construed in accordance with English law and Buyer submits to the non-exclusive jurisdiction of the English Courts.