The Customer shall have no rights in respect of loss shortages or damage unless the Company is given a reasonable opportunity to inspect the Products and investigate any complaint before any use of or alteration to or interference with the Products.

On a valid complaint made in accordance with this clause 9 the Customer shall be entitled (in the case of notified shortages) to receive within a reasonable time a delivery of Products equivalent to the shortfall and (in the case of defects) to repairs to or replacements for the affected Products or at the Company's option a credit for the price thereof but the Company shall have no further liability whatsoever. If a complaint of loss shortages or damage on delivery is not made to the Company in accordance with this clause 9 then the Products shall be deemed to be delivered complete and undamaged in accordance with the contract and the Customer shall be bound to pay for the same accordingly.

Loss shortages or damage in a delivery or any instalment delivery shall not be a ground for termination of the contract or the remainder of the contract (as the case may be).

The Company warrants that Products which do not comply with either clause 8.1 or Sections 13 to 15 of the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994) or are shown to have been defective at delivery as a result of faulty design workmanship or materials (other than free-issue materials), shall either be repaired or replaced or that, at the Company's option, a credit or refund for the price thereof shall be given provided always that:

the Company receives written notice of the defect within 12 months of delivery;

no alteration to or interference with the Products takes place before the Company is given access to the Products to inspect and test the same;

the defect does not consist of a loss shortage or damage to which clause 9 is expressed to apply;

the defect does not arise by reason of a design specification or instruction given by the Customer;

the Customer has not defaulted in its obligation to make payment of the contract price for the Products;

the defect shall not be attributable to incorrect storage or use of the Products by the Customer.

The benefit of clause 10.1 shall only extend to Products or parts not manufactured by the Company to the extent that the Company has equivalent recourse against the manufacturer or supplier thereof.

The Customer shall indemnify the Company in respect of loss or damage arising from any use made of Products after the Customer became or ought reasonably to have been aware of a defect.

In the event of a valid claim being made in accordance with clause 10.1:

The Customer shall be bound to accept repaired or replacement Products or at the Company's option credit or repayment and shall not be entitled to terminate the contract;

if the Company does not repair or replace Products within 60 days or such longer time as may be reasonable then the Customer's sole remedy shall be an entitlement to full credit or repayment in respect of the defective Products;
and the Company shall be under no further liability in respect of any loss or damage arising from the defect or from any delay before repair replacement credit or refund is effected.

The Company does not exclude liability arising under Section 12 of the Sale of Goods Act 1979 (good title) (as amended by the Sale and Supply Act 1994) or for death or personal injury caused by its negligence as defined in the Unfair Contract Terms Act 1977.

Save as provided under clauses 9, 10 and 11.1 the Company shall have no liability to the Customer in connection with or arising from any defect or failure in the Products or otherwise due to the quality condition suitability durability safety or any other aspect or feature of the Products. Save for death or personal injury attributable to the proven negligence of the Company, the Company's liability, whether in respect of one claim or in the aggregate shall not exceed the contract price payable under this contract for the supply of Products to be provided under it. The Customer acknowledges that the limitation of the Company's liability is reasonable in all the circumstances and the Customer agrees that it is its own responsibility to insure adequately to cover any loss or damage in excess of the aforesaid limit of the Company's liability. Subject to reaching agreement on terms, the Company and the Customer may determine an increased level of liability which is to be accepted in Writing by the Company to cover, in particular specific types of loss or damage which both parties reasonably foresee and anticipate.