8. Third Party Liability
The Seller shall be under no liability in respect of any damage or loss to third parties caused either directly or indirectly by the performance of any contract or goods supplied and the Client at all times indemnifies the Seller against such loss or damage.
9. Limitation of Liability
9.1 The Seller will use all reasonable endeavours to carry out its obligations within a reasonable period of time but will not be liable to the Client for any loss, costs or expenses arising directly or indirectly from any delays in doing so and the Seller will not be deemed to be in breach of this contract by reason of any delay in performing, or failure to perform, any of its obligations in relation to this contract, if the delay or failure was due to any cause beyond the Seller's reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond the Seller's reasonable control:
(a) Act of God, explosion, flood tempest, fire or accident;If the Seller is prevented from carrying out its obligations in the above circumstances, the Client will be notified in writing and if the Seller is still prevented from carrying out its obligations 3 weeks from the date such notice was sent, then either party may give written notice to the other cancelling the contract. If the contract is cancelled in this way the Seller accepts no liability to compensate the Client for any loss or damage caused by failure to perform.
(b) War or threat of war, sabotage, civil disturbance or requisition;
(c) Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
(d) Import or export regulations or embargoes;
(e) Strikes, lock outs or other industrial actions or trade disputes;
(f) Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
(g) Power failure or breakdown in machinery.
9.2 Except where the Client is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 section 12) the Seller does not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods.
9.3 Except in respect of death or personal injury caused by the Seller's negligence, the Seller will not be liable to the Client for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods other than as a result of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.
