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12.1  In this Clause "the Defect" shall mean the condition and/or any attribute of the Goods and or any condition or circumstance arising from Our provision of Repair Services and/or any other circumstances which but for the effect of these Terms would have entitled You to damages.
12.2  Nothing in these Terms shall exclude or restrict Our liability for death or personal injury resulting from Our negligence or Our liability for fraudulent misrepresentation.
12.3  If You deal as a Consumer any provision of these Terms which is of no effect shall not apply. The Statutory rights of a Consumer are not affected by these Terms.
12.4  Subject to Clauses 12.2 and 12.3 of these Terms We shall not be liable by reason of any misrepresentation (unless fraudulent) or any breach of warranty condition or other term express or implied or any breach of duty (common law or statutory) or negligence for any damages whatsoever. Instead of liability in damages We undertake liability under Clause 12.5 below.
12.5  Where but for the effect of Clause 12.4 of these Terms You would have been entitled to damages against Us We shall not be liable to pay damages but subject to the conditions set out in Clause 12.6 below shall in Our sole discretion either repair the Goods at Our own expense or supply replacement Goods free of charge or re-perform the Repair Services free of charge or credit all (or where appropriate part) of the price paid for the relevant Goods or Repair Services.
12.6  We will not be liable under Clause 12.5:
(a) if the Defect arises from fair wear and tear
(b) if the Defect arises from Your damage negligence mis-use alteration or repair of the Goods and/or Equipment or abnormal working conditions.
(c) unless after discovery of the Defect We are given a reasonable opportunity to inspect the Goods and/or Equipment before they are in any way interfered with.(e) unless the Defect is discovered within the period agreed at the time of sale or repair (which period commences on the date of delivery of the Goods and/or Equipment and We are given written notice of the Defect within 5 working days of it being discovered.
(d) any warranty seals applied by Us are damaged, broken, removed or tampered with in any way.
12.7  If the Goods are not manufactured by us or have been processed by a third party whether at Our or Your request Our liability in respect of any defect in workmanship or materials of the Goods will be limited to such rights against the manufacturer or the third party as We may have in respect of those Goods and We will assign to You any assignable rights We may have from or against the manufacturer or third party.
12.8  Subject to Clauses 9.2 and 9.3 We shall not be liable by reason of misrepresentation (unless fraudulent) or any breach of warranty condition or other terms express or implied or any breach of duty (common law or statutory) or negligence or otherwise howsoever and whatever the cause thereof:
(a) for any loss of profit, business, contracts, revenues or anticipated savings, or
(b) for any special, indirect or consequential damage of any nature whatsoever.
12.9  Except where You deal as a Consumer You will unconditionally fully and effectively indemnify Us against all loss damages penalties costs on an indemnity basis and expenses awarded against or incurred by Us in connection with or paid or agreed to be paid by Us in settlement of any claim by any third party arising from the supply or use of the Goods. This indemnity will be reduced in proportion of the extent that such a loss damage costs and expenses are due to Our negligence.
12.10  Without prejudice to any other provisions in these Terms in any event Our total liability for any one claim or for the total of all claims arising from any one act of default on Our part (whether arising from Our negligence or otherwise) shall not exceed the price of the goods and/or the Repair Services the subject matter of any claim or claims or such sum as is the limit of liability laid down by Our insurers in respect of such claim or claims whichever is the greater.