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'Agen' means Agentdraw Limited.
'Customer' means the person, firm or company placing the order.
(a) 'Agen' shall be released from all liability whatsoever and to whomsoever to the extent to which fulfilment of a contract is impeded or frustrated as a consequence of any requirement of a competent authority whether made before or after acceptance of order or any occurrence outside the control of 'Agen'.
(b) If delivery is impeded or prevented by reason of any requirement of any competent authority whether made before or after acceptance of order for a significant period after due date for delivery, either party may terminate the contract by written notice to the other provided that any rights or liabilities accrued before termination shall not be affected and that the customer shall accept any part of goods already delivered and shall pay for such part without right of set off or counterclaim the same proportion of the price as the part delivered bears to the whole of the goods the subject of the contract.
(a) Goods delivered whether within or without the United Kingdom shall be deemed to be accepted by the customer as being in accordance with the contact unless the customer shall notify 'Agen' in writing to the contrary within seven days of delivery.
(b) Notwithstanding the passing of the risk to the customer the property in the goods shall not pass to the customer until payment has been received of all money at any time due by the cust omer to 'Agen'. If any indebtedness be outstanding for 21 days beyond date for payment 'Agen' shall have the right to recover the goods from the possession, custody or control of the customer without liability and for that purpose the customer licences 'Agen' to enter the customer's premises. Subject thereto the customer shall be entitled to sell the goods in the ordinary course of the customer's business but only as a bailee and for the account of 'Agen' and not for the customer's own account. Until such sale the customer shall store the goods in a manner that they remain readily identifiable as the property of 'Agen' and after sale shall keep separate and identifiable the proceeds thereof until payment of all indebtedness.
(a) Damaged or defective goods will be replaced if 'Agen' is satisfied that they were damaged or defective at the time of delivery and a written claim is made to 'Agen' within seven days thereafter. Replacement shall be as nearly as possible identical and least equal in quality and quantity with goods replaced. Alleged damaged or defective goods shall be returned as soon as practicable at the customer's expense which shall be a condition precedent to 'Agen's' undertakings.
(b) These undertakings are expressively subject to goods being properly handled and managed in accordance with the contract and to proper standards of care and proper utilization by the customer and shall extend only to goods or parts of goods manufactured by 'Agen'.
(c) 'Agen's' liability for goods damaged or defective shall be limited in accordance with this condition whatever the reason for such damage or defect and all other remedies or liabilities are excluded.
(d) Subject to this condition neither 'Agen' nor any of its employees, agents or subcontractors shall be liable for damage or loss of whatsoever kind and howsoever arising nor shall the customer be entitled from any cause whatsoever to avoid the contract.
(e) No Director, employee or agent of 'Agen' has any authority to make any representation on behalf of 'Agen' as to any fact whatsoever. Any representation purported to be made on behalf of 'Agen' as to any fact whatsoever shall be deemed conclusively to have been made with care and in the reasonable belief as to its truth at all material times. The customer shall not rely on any such purported representation but shall use its own judgement in assessing its requirements.
All good sold by 'Agen' are sold upon the foregoing conditions. Any modification to these conditions by a customer even in writing shall not apply unless expressly accepted in writing signed by a Director of 'Agen'. These conditions shall prevail over any discrepancy or conflict with a customer's conditions or ordering or trading.