9.
9.1
9.1.1
Storage
If the Goods are ready for delivery in line with the original order acknowledgement but are held back in accordance with the Purchaser’s instructions or if the Purchaser shall fail
to accept delivery the Supplier may require the Purchaser to pay its additional delivery charges or:
to pay a reasonable storage fee to be determined by the Supplier which shall apply at the expiry of three days from the date the Purchaser is told that the Goods are ready for
dispatch or immediately if the Purchaser fails to accept the delivery.
10.
Retention of title
10.1
Until such time as the Purchaser shall have paid to the Supplier in full the price of the Goods and the price of any other goods the subject of any other Contract with the
company:
10.1.1
the goods shall remain the sole and absolute property of the Supplier as legal and equitable owner.
10.1.2
the Purchaser may deal with the Goods and if it does so and improves them, alters them or adds value in any way the Supplier shall be entitled to the additional benefit if it
subsequently reclaims the goods.
10.1.3
the Purchaser may sell the Goods in the ordinary course of business but the Supplier may revoke this power by notice in writing to the Purchaser if the Purchaser defaults in
payment of the whole or any part of the amount outstanding on the goods.
10.1.4
the Purchaser’s power of sale shall automatically cease if it goes into liquidation (other than for the purposes of a bona fide reconstruction or amalgamation) or it convenes a
meeting or makes an arrangement or composition with its creditors or it commits any act of bankruptcy or allows execution to be levied against it or its goods or a receiver is
appointed over its assets or a winding up order is made against the Purchaser or the Purchaser ceases to trade for any other reason.
10.1.5
immediately upon termination of the Purchaser’s power of sale the Supplier shall be entitled to re-take the Goods and to enter the Purchaser’s premises to re-take the Goods
using reasonable force if necessary to do so.
10.1.6
the Purchaser shall store the Goods under conditions that will prevent deterioration and also where necessary and at the request of the Supplier store particular Goods under
special conditions such as may be appropriate to their requirements.
11.
11.1
Return of goods
Goods may only be returned to the Supplier if the prior written consent of the Supplier has first been obtained.
12.
12.1
12.2
12.3
12.4
12.5
12.6
12.7
Liability
This condition specifies the entire liability of the Supplier including, without limitation liability in contract and for negligence, other tort, breach of statutory duty or otherwise
and in particular but without limitation all other statutory, express, implied or collateral terms, conditions or warranties are excluded. For the avoidance of doubt nothing in the
Contract shall in any way limit the liability of the Supplier for personal injury or death resulting from negligence of the Supplier.
Notice of any complaint of damage, defect, variance of quality or description, or shortage in quantity shall be given by the Purchaser in writing to the Supplier within three days
after the