Algeos

555 11.2 The warranty in clause 11.1 does not apply to any defect in the Products, not already detailed pre-sale, arising from: - fair wear and tear; - wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; - if you fail to operate or use the Products in accordance with the user instructions or our recommendations any alteration or repair by you or by a third party who is not one of our authorised repairers; or any specification provided by you. 11.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. 12. Our liability if you are a business This clause 12 only applies if you are a business customer. 12.1 If you give notice in writing to us during the relevant warranty period within a reasonable time of discovering that some or all of the Products do not comply with the warranty set out in clause 11; you give us a reasonable opportunity of examining such Products; and if asked to do so by us, you return such Products to us. We may, at our option, repair or replace the defective Products, or refund the price of the defective Products in full by way of issuing a credit note. This is your sole remedy against us in relation to the supply of defective Products. (see 12.4). 12.2 Nothing in these Terms limit or exclude our liability for: - death or personal injury caused by our negligence; - fraud or fraudulent misrepresentation; - breach of the Terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or defective products under the Consumer Protection Act 1987. 12.3 Subject to clause 12.2, we will under no circumstances whatever be liable to you, whether in Contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: - any loss of profits, sales, business, or revenue; - loss or corruption of data, information or software; - loss of business opportunity; - loss of anticipated savings; - loss of goodwill; or any indirect or consequential loss. 12.4 Subject to clause 12.2 and clause 12.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in Contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products. 12.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes. 12.6 All items of furniture (as advised by A Algeo Ltd. and its representatives) are non – returnable Where we agree to accept the return of furniture in exceptional circumstances agreed by Customer Service Manager and Quality Manager, all return costs will be paid by the customer. Costs will be at a minimum 1 hr labour service charge plus a per mileage cost. Per mileage cost is for 2-way travel returning to A. Algeo Ltd UK address and may include a supplement for more than 1 person if required for safe collection. An 'overnight' cost for traveling time of more than 4 hours will be billed for as will any additional travel fees (tolls, ferry crossings etc) and specialist vehicle hire if required. It may be necessary to pay agreed collection costs in advance. We do not guarantee a specific collection date in advance. 13. Our liability if you are a consumer This clause 13 only applies if you are a consumer. 13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract. Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in Contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products. 13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 13.3 We do not in any way exclude or limit our liability for: - death or personal injury caused by our negligence; - fraud or fraudulent misrepresentation; - any breach of the Terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); - any breach of the Terms implied by section 13 to 15 of the - Sale of Goods Act 1979 (description, satisfactory quality, - fitness for purpose and samples); and defective products under - - -the Consumer Protection Act 1987. 14. Force Majeure 14.1 Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of god, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions or default of suppliers or subcontractors. 15. Other important terms 15.1 The Supplier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract. 15.2 The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without prior written consent of The Supplier. 15.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 15.4 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our sites and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Scotland, you may also bring proceedings in Scotland. 15.5 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. 15.6 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims). Terms & Conditions

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