LION CATALOGUE-digital - Flipbook - Page 531
11.3
The parties agree that each of the sub-clauses in clause
11.2 and each of the sub-paragraphs 11.2.1(a) to
11.2.1(j) in sub-clause 11.2.1 constitute separate terms
and the introductory wording of clause 11.2 shall be
applied to each of them separately. If there is any claim
or finding that any such individual sub-clause or subparagraph is unenforceable for any reason, such
unenforceability shall not affect any other provision
within clause 11.2 or otherwise.
11.4
The term “however arising” when used or referred to in
clause 11 covers all causes and actions giving rise to the
liability of Lion Safety arising out of or in connection
with the Contract and/or the Products including (i)
whether arising by reason of any misrepresentation
(whether made prior to and/or in the Contract)
negligence, breach of statutory duty, other tort,
repudiation, renunciation or other breach of contract,
restitution or otherwise; (ii) whether arising under any
indemnity; or (iii) whether caused by any total or partial
failure or delay in supply of Lion Safety or defective
Products
11.5
The exclusions and limitations of liability contained in
these terms and conditions and in the Contract shall
apply regardless of whether the loss or damage was
foreseeable or whether the Customer notifies Lion
Safety of the possibility of any greater loss or damage,
but shall not apply to the extent prohibited or limited by
law and, in particular, nothing in the Contract shall
affect liability for death or personal injury caused by
negligence or for fraudulent misrepresentation or other
fraud.
11.6
Lion Safety shall not be liable to the Customer for any
claim unless made with reasonable details in writing to
Lion Safety without unreasonable delay and in any
event no later than 3 months, or such longer period as
may be reasonable in the circumstances, after the date
the claimable event first came (or ought reasonably to
have come) to the Customer’s notice.
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CONFIDENTIALITY
10.1.1 is in material breach of the Contract and (if such
a breach is remediable) fails to remedy that
breach within 7 days of Customer being notified
to do so;
10.1.2 has any corporate action, application, order,
proceeding or appointment or other step taken
or made by or in respect of it for any composition
or arrangement with creditors generally,
winding-up (other than for the purpose of a bona
fide scheme of solvent reconstruction or
amalgamation), dissolution, administration,
receivership (administrative or otherwise) or
bankruptcy, or if it is unable to pay its debts as
they fall due, or if it ceases to trade or if a distress,
execution or other legal process is levied against
any of its assets which is not discharged or paid
out in full within three Business Days or if any
event analogous to any of the foregoing shall
occur in any jurisdiction in which the relevant
party is incorporated, resident or carries on
business;
10.1.3 the Customer’s financial position deteriorates so
far that Lion Safety considers in its sole opinion
that the Customer’s ability to give effect to the
terms of the Contract is jeopardised; or
10.1.4 if any sums due from the Customer to Lion Safety
remain outstanding after the due date for
payment.
10.2
Any termination however caused shall not affect any
right or liabilities which have accrued prior to the time of
termination and the continuance in force of any
provision of the Contract which expressly or by
implication is intended to come into or continue in force
after termination.
11.1
Subject to clause 11.5, Lion Safety’s liability to the
Customer however arising out of or in connection with a
Contract and/or the sale of the Products shall be limited
in respect of all claims in aggregate to a sum equal to
the total sums paid (exclusive of VAT) by the Customer
for the Products under the Contract giving rise to the
claims.
11.2
Notwithstanding any other provision of the Contract,
but subject to clause 11.5, Lion Safety shall have no
liability however arising out of or in connection with the
Contract and/or the sale of the Products for any:
Neither party shall without the prior written consent of
the other party (during and after termination of any
Contract) use (other than in the performance of this
Contract) or disclose to any other person any
Confidential Information of the other party, except that
any obligations contained in this clause shall not prevent
any disclosure of Confidential Information which is
required by law, court order or any legal or regulatory
authority, which is required to comply with the rules of
any relevant stock exchange, or disclosure to a party’s
professional advisors, acting in their capacity as such.
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profit;
(b)
revenue;
(c)
business;
(d)
contract;
(e)
opportunities;
(f)
anticipated savings;
(g)
data;
(h)
goodwill;
(i)
reputation;
(j)
use;
11.2.2 indirect or consequential loss or damage; or
11.2.3 claim arising out of a claim against the Customer
by a third party.
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ENTIRE AGREEMENT
14.1
The Contract constitutes the entire agreement and
understanding of the parties and supersedes any
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Lion Safety shall have the right to suspend delivery and/
or cancel or reduce the volume of the Products to be
supplied as Lion Safety shall see fit and shall not be
liable in any way for loss, damage or expense arising
directly or indirectly from this, or any other failure or
delay in Lion Safety’s performance of the Contract, to
the extent that this has been caused by any circumstance
beyond Lion Safety’s reasonable control, including war
(or other action of military forces), terrorism, riot, civil
commotion, sabotage, vandalism, accident, breakdown
or damage to machinery or equipment, acts of God, fire,
flood, severe weather conditions, extreme traffic
congestion, strike, lock-out or other industrial disputes
(whether or not involving employees of Lion Safety) or
failure or delays by Lion Safety’s suppliers.
11.2.1 direct or indirect loss of or damage to:
(a)
FORCE MAJEURE
SALES@LIONSAFETY.CO.UK
LIMITATION OF LIABILITY
LIONSAFETY.CO.UK
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USEFUL INFORMATION GENERAL TERMS AND CONDITIONS OF SALE
might have, Lion Safety shall be entitled to terminate
the Contract with immediate effect and/or suspend its
performance at any time without liability to the
Customer by giving written notice to the Customer at
any time if the Customer:
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