(a)Goods shall be inspected by the Purchaser promptly upon Delivery.
(b)The Purchaser shall notify the Company as soon as possible of any claims in respect to incomplete or incorrect supplies and in any event within one Working Day of Delivery.
(c)The Purchaser shall notify the Company quoting a valid order of invoices number as soon as possible of any claims in respect of defective Goods and in any event:
(i) in the case of Ambient Goods and Hard Goods, within one Working Day of Delivery; or
(ii) in the case of Frozen Goods where the defect is reasonably detectable on inspection, within one Working Day of Delivery; or
(iii) in the case of Frozen Goods where the defect is not reasonably detectable on inspection:
i. within 7 days after Delivery, if the Frozen Goods are kept properly frozen; or
ii. if earlier, within 24 hours after defrost of the Frozen Goods.
(d)Alleged defective Goods shall be held by the Purchaser without cost to the Vendor. The Purchaser shall await the Vendor’s instructions and shall allow the Vendor’s representative to examine the Goods in question and to take away samples for examination.
(e)Where notice of the defect complained of has been given as set out in Condition 12(c) of our Terms and Conditions, the Vendor shall at its option either refund the price of the defective Goods or replace them free of charge provided that:
(i) the defective Goods are promptly returned to or made available for inspection by the Vendor; and
(ii) examination by the Vendor of such Goods shall disclose that such defects exist and have not been caused by misuse, neglect, accident, failure to follow the instructions on any product label attached to the Goods, improper storage or handling.
(f)Subject to Condition 12(e) of our Terms and Conditions, the Vendor’s total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited in aggregate to all sums paid by the Purchaser to the Vendor under the relevant Contract; and the Vendor shall not be liable to the Purchaser for any indirect or consequential loss of damage or loss of profit, loss of business, depletion of goodwill, otherwise or costs or expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
(g)Nothing in these Terms and Conditions excludes or limits the liability of the Vendor for death or personal injury caused by the Vendor’s negligence or fraudulent misrepresentation or any other liability to the extent such liability may not be excluded or limited as a matter of law.