2. APPLICATION OF CONDITIONS
3. QUOTATIONS, ORDERS AND DIVISIBILITY
5. RISK AND TITLE IN GOODS
7. TERMS OF PAYMENT
8. SHORT DELIVERY, DEFECTS APPARENT ON INSPECTION AND FAILURE TO DELIVER
8.4 If the Company fails entirely to deliver the Goods its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Company shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by force majeure or the Customer’s failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
11. INTELLECTUAL PROPERTY
12. FORCE MAJEURE
The Company shall not be under any liability to the Customer in respect of any failure to perform or delay in per forming any of its contractual obligations to the Customer to the extent that such failure or delay is caused by circumstances beyond the Company’s reasonable control, including without limitation any failure on the part of any supplier to the Company to discharge its obligations to the Company on time.
13. TERMINATION AND SUSPENSION
13.3 Without limiting its other rights or remedies the Company may suspend provision of the Goods under the Contract or any other contract between the Customer and the Company if the Customer becomes subject to any of the events listed in 13.1.1 to 13.1.2 above.
14.7 Without limiting any other rights or remedies they may have, neither the Company nor the Customer shall have any right to set off any amount owing to it by the other party against any amount payable to it by that other party.
15. GOVERNING LAW AND JURISDICTION
The Contract and any dispute or claim, including non-contractual disputes or claims, arising out of or in connection with the Contract or its subject matter or formation shall be construed and governed in accordance with the Laws of England and Wales and the Company and the Customer hereby irrevocably submit to the exclusive jurisdiction of the English Courts in respect of any controversy or claim arising out of or in connection with any Contract.