LION CATALOGUE-digital - Flipbook - Page 530
USEFUL INFORMATION GENERAL TERMS AND CONDITIONS OF SALE
LIONSAFETY.CO.UK
SALES@LIONSAFETY.CO.UK
01324 474 744
529
5.5
5.4.3
the Customer exercises any right to terminate a
Contract or any other agreement between Lion
Safety and the Customer; or
5.4.4
if the Customer is subject to an Insolvency Event
or Lion Safety reasonably expects that the
Customer will be subject to an Insolvency Event,
then in any such case:
5.4.5
Lion Safety may by written notice terminate the
Customer’s right (if still subsisting) to use the
Products; and/or
5.4.6
Without prejudice to any other rights or
remedies available to Lion Safety, Lion Safety
shall be entitled upon demand to the immediate
return of all the Products where title has not
passed to the Customer in accordance with
clause 5.2, and the Customer irrevocably
authorises Lion Safety to enter into any place
where the Products and any documentation
are stored to recover such Products and
documentation. The Customer shall take all
reasonable steps to help Lion Safety recover
the Products. Recovery by Lion Safety of the
Products shall not cancel the Customer’s
liability to pay the whole or balance of the price
for the Products.
Lion Safety shall maintain in force product liability
insurance. If any claim is made against the Customer
for damage or injury arising out of or in connection
with a defect in the Products, the Supplier shall, except
to the extent that the claim is due to any defect in any
specification provided by the Customer or Customer
Materials, shall indemnify the Customer against all
damages arising out of the damage up to the
aggregate value of £2,000,000 (two million GBP.)
6
QUALITY
6.1
Lion Safety warrants that the Products will materially
conform to the description of the Products in the
Contract or otherwise provided in writing by Lion
Safety to the Customer.
6.2
If any of the Products do not conform to the warranty
in clause 6.1 Lion Safety will, at its option, repair or
replace those Products or make, so far as is fair, a
refund of all or a part of the price. If Lion Safety
complies with this obligation, it shall have no further
liability in respect of, or arising from, such nonconformity. Any repaired or replaced Products shall be
governed by the terms of the Contract.
6.3
Except as expressly stated in the Contract, all
warranties, conditions and terms, whether express or
implied by statute, common law or otherwise relating
to satisfactory quality, fitness for purpose and
suitability) are hereby excluded to the fullest extent
permitted by law.
7
CUSTOMER OBLIGATIONS
7.1
The parties have determined that, for the purposes of
Data Protection Legislation, both parties shall act as
controller. Should Lion Safety be required to act as
processor on behalf of the Customer under the
Contract for any reason, the parties shall then enter
into a data processing agreement to be agreed
between the parties in good faith. The Customer shall
assist Lion Safety in complying with all applicable
requirements of the Data Protection Legislation as
and when required by Lion Safety.
7.2
The Customer is responsible for using the Products in
accordance with instructions supplied by Lion Safety
and/or the manufacturer of the Products and Lion
Safety shall not be responsible for any damage, loss or
claims arising from any failure by the Customer to
comply with such instructions.
7.3
If the Customer becomes aware that any third party
has made or is likely to make any claim in respect of
any Products (including, without limitation, as to
defects in them or rights infringed by them) it shall
immediately inform Lion Safety in writing and shall
afford to Lion Safety reasonable assistance (including,
without limitation, permitting Lion Safety to have
conduct of any proceedings) which Lion Safety may
reasonably require to enforce its rights and defend
such claim.
7.4
Without prejudice to any duty of the Customer at
common law, Lion Safety shall be entitled to require
the Customer to take such steps as Lion Safety may
reasonably require to mitigate or reduce any losses or
claims that may arise in relation to the Contract.
8
CUSTOMER
PROPERTY
8.1
If the Customer requires that the Products incorporate
any Customer Branding, Lion Safety shall provide the
Customer with a sample of the Products incorporating
such Customer Branding and the Customer shall notify
Lion Safety in writing of its approval of such samples.
The Customer’s approval shall not be unreasonably
withheld or delayed and shall be irrevocable once
notified to Lion Safety.
8.2
The Customer hereby grants Lion Safety a nonexclusive royalty free licence to use the Customer
Materials for the purpose of providing the Products
and as otherwise required by Lion Safety to comply
with its other obligations under the Contract. The
Customer warrants that the use of Customer Materials
by Lion Safety shall not infringe the rights of any third
party including without limitation any third party
Intellectual Property Rights.
8.3
Except for any Intellectual Property Rights arising in
the Customer Materials, all Intellectual Property
Rights in the Products and their specification, design,
packaging, labelling and other materials supplied with
or in connection with any of the Products shall as
between the parties remain at all times vested in Lion
Safety. No Intellectual Property Rights of Lion Safety
are transferred to the Customer and no licences to use
any Intellectual Property Rights of Lion Safety are
granted to the Customer. .
8.4
The Customer shall not remove, obscure or otherwise
alter or interfere with any of the logos, marks or
branding appearing on any of the Products or their
packaging.
9
INDEMNITY
BRANDING
AND
INTELLECTUAL
The Customer hereby indemnifies and shall keep Lion
Safety indemnified against all losses suffered or
incurred by Lion Safety in respect of all and any
demands, liabilities, expenses, claims (including but
not limited to any settlements of claims whether before
or after the issue of proceedings), judgment sums
(including but not limited to sums arising from consent
orders or judgments), damages, direct, indirect or
consequential losses, costs (including but not limited to
legal and other professional costs) suffered or incurred
by Lion Safety arising out of or in connection with any
claim made against Lion Safety for actual or alleged
infringement of a third party’s intellectual property
rights arising out of or in connection with Lion Safety’s
use of the Customer Materials.
10
TERMINATION
10.1
Without affecting any other rights and remedies it