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LIMITATION OF LIABILITY

Seller will not be liable for any loss, damage or penalty resulting from delay in delivery when such delay is due to causes beyond the reasonable control of the Seller, including but not limited to, supplier delay, force majeure, acts of God, labour, unrest, explosion or earthquake. In any such event the delivery date will be deemed extended for a period equal to the delay.

The Seller’s liability arising out of the Contract and or sale is limited to the purchase price paid by Buyer and in no event will seller be liable for any costs of procurement of substitute goods or services by the Buyer, or for any special, consequential, incidental or indirect damage, loss or expense (including without limitation loss or profit) relating to or arising out of this agreement, whether the claim is based on contract, negligence, or any other theory of law or equity, under any circumstances whatsoever even if the Seller has been advised of the possibility of such damage. Loss or expense without limitation includes any liability that may arise out of third party claims against Buyer. These limitations shall apply notwithstanding any failure or essential purpose of any limited remedy provided under paragraph 8 above or under any other term of the Contract

BUYERS DUTY TO GIVE TIMELY NOTICE OF SELLER’S BREACH

Buyer agrees to notify Seller in writing within fourteen (14) days of Buyers discovery of any defective performance, failed performance or other breach of this agreement by seller. Failure of Buyer to provide such notice to Seller within this specified period shall constitute a waiver of the defective or failed performance or other application breach by Seller

RETENTION OF TITLE

Ownership of the goods will not pass to Buyer until seller has received in full (in cleared funds), notwithstanding delivery and that risk on the goods has passed to the Buyer, all sums due to it in respect of the goods and all other sums which are or become due to Seller from Buyer on any account.

Until ownership passes Buyer holds the goods on trust for Seller and will store the goods separately from all other goods of Buyer or any third party in such a way as that they remain easily identifiable. Buyer will not destroy, deface or obscure any identifying mark or packaging on or relating to the goods. Buyer will maintain the goods in a satisfactory condition and will insure the goods (for their full value) on seller’s behalf against all risks and to the reasonable satisfaction of Seller. Buyer will hold any proceeds of insurance referred to above on trust for Seller and not mix them with any other money.

Any processing and adaptation by buyer shall be affected on Seller’s behalf as manufacturer of the goods but without commitment or liability on the Seller’s part. If such processing or adaptation is effected with goods which are not Seller’s property or if the reserved goods are inseparably connected in any other way with the other goods, Seller shall acquire the co-ownership of the new or single product in the ration of the invoice value of the goods or the market value of such other goods in the absence of an invoice value.

APPLICABLE LAW

Buyer’s acceptance of any goods delivered pursuant to these Terms shall be conclusive evidence of Buyers acceptance of these Terms. Such acceptance shall act as a waiver of any terms and conditions included in Buyer’s order forms or other documents submitted by Buyer that are not acknowledged by Buyer in writing as part of the Contract.

The Contract shall be governed by and construed in accordance with English Law and Buyer accepts the exclusive jurisdiction of the English courts

EXCLUSION OF THIRD PARTY RIGHTS

The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

Should you have any enquires relating to returns please email us sales@elizabethfrancesdesigns.co.uk