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i] The maximum sum insured by the COMPANY under its Public and/or Product Liability Insurances in

respect of physical damage to or loss of tangible property; and [ii] In the case of any other permitted claim
under this Clause to the total fee payable under this contract.

(c) The COMPANY excludes to the fullest extent permitted by law all warranties conditions or other terms
implied by statute or common law save that nothing in this Clause 9 shall adversely affect the statutory
rights of the CUSTOMER if acting as a consumer. (d) Except in the event of death or personal injury
caused by the COMPANYS negligence, the COMPANY will not be liable to the CUSTOMER in any way
whatsoever (and this will include any losses as a result of failing to deliver under Clause 4 above),
whether that be under contract, tort or otherwise, for any consequential loss or damage (whether for loss
of profit or otherwise) costs, expenses or other claims for consequential compensation (even if due to our
negligence) that the COMPANY suffer as a result of the supply of the goods or their use or re-sale. (e) In
any event the COMPANY will not be liable for any breach of this contract if the breach is caused by an
event beyond the COMPANYS reasonable control. (f) All GOODS supplied by the COMPANY are
intended to be used by suitably qualified persons.

10) Indemnity The CUSTOMER shall indemnify the COMPANY against all actions, claims or demands by
Third Parties whether in tort or otherwise howsoever arising directly or indirectly in connection with the
use, functioning or state of the GOODS (or in connection with the performance of services).
11) Product Specification and Development Product development and improvement is under continual
review by the COMPANY and its suppliers. The COMPANY reserves the right to make alterations,
improvements and to discontinue products without prior notice.
12) Termination Without prejudice to any other rights and remedies, the COMPANY shall be entitled to
terminate any order if,
(a) The CUSTOMER is in breach of any of the terms or purports to cancel any order between the
COMPANY and the CUSTOMER; and/or (b) The CUSTOMER is unable to pay its debts within the
meaning of Section 123 of the Insolvency Act 1986 or any statutory modification or re-enactment thereof;
and/or (c) Any step, action, application or proceeding is taken by or in respect of the CUSTOMER in
relation to the whole or any part of its undertaking for;

[i] a voluntary arrangement or composition or re-construction of its debts; [ii] winding up, dissolution,
administration, receivership (administrative or otherwise) or bankruptcy.

(d) Any event occurs or step, action, application or proceeding is taken by or with respect to the
CUSTOMER in any jurisdiction to which it is subject which has an effect equivalent or similar to any of the
events mentioned in sub-Clauses 12(c) (i) and (ii) above. If the COMPANY terminates any order as a
result of this Clause, without prejudice to its other rights, any sums outstanding in respect of that order
shall be immediately payable. Customers Responsibilities (e) The CUSTOMER shall co-operate fully in
any product hold or recall campaign organised by the COMPANY and assist the COMPANY in recovering
affected GOODS and their sale to third parties. (f) All information received by the CUSTOMER from the
COMPANY in respect of the COMPANY'S business shall be deemed to be confidential and the
CUSTOMER shall not use or disclose such information without the COMPANY'S express authorisation
unless it is publicly known (otherwise than by breach of this obligation).

13) Customers Responsibilities (a) The CUSTOMER shall co-operate fully in any product hold or recall
campaign organised by the COMPANY and assist the COMPANY in recovering affected GOODS and
their sale to third parties.
(b) All information received by the CUSTOMER from the COMPANY in respect of the COMPANY'S
business shall be deemed to be confidential and the CUSTOMER shall not use or disclose such
information without the COMPANY'S express authorisation unless it is publicly known (otherwise than by
breach of this obligation).

(c) The CUSTOMER shall ensure that they do not offer for resale medical products (including, but not
limited to, Vasyli branded products; Pharmacy products; Prescription Only Medicine products) through
their own or third party (e.g. eBay, Amazon etc.) internet sites without first seeking appropriate
authorization from the COMPANY.
14) Force Majeure The COMPANY shall not be liable in any way for loss, damage or expense arising
directly or indirectly from any failure or delay in performing any obligation under these Terms caused by
any circumstance beyond its reasonable control, which shall be deemed to include without limitation
industrial action, trade disputes, strikes, lockouts, whether or not the COMPANY or the CUSTOMER are
directly involved, Act of God, explosion, flood, tempest, fire or accident, war, threat of war, civil
disturbance, power failure or breakdown in machinery, Acts, restrictions, regulations, bye-laws,
prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
15) Disputes If any dispute arises in connection with this Agreement, the parties will attempt to settle it by
mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between
the parties, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in
writing ("ADR notice") to the other party to the dispute requesting a mediation. A copy of the request
should be sent to CEDR. The mediation will start not later than 30 days after the date of the ADR notice.
No party may commence any court proceedings OR arbitration in relation to any dispute arising out of this
agreement until it has attempted to settle the dispute by mediation and either the mediation has
terminated or the other party has failed to participate in the mediation, provided that the right to issue
proceedings is not prejudiced by a delay
16) Waiver No waiver by the COMPANY or any breach of the CUSTOMER'S obligations hereunder shall
constitute a waiver of any other prior or subsequent breach or obligation and the COMPANY'S rights shall
not be affected by any delay, failure, forbearance or omission in enforcing any obligation of the
CUSTOMER.
17) Survival of Provisions Any of these Terms which are intended to have effect after the date of
expiration or determination of this contract shall survive such expiration or determination howsoever
arising.
18) Severability (a) The partial or complete invalidity of any of these Terms shall not affect the validity of
any others. (b) All remedies available to either party for breach of contract are cumulative and may be
exercised concurrently or separately.
19) Proper Law This contract shall be subject to English Law.
20) Notices Unless otherwise agreed in writing, all notices required to be given by the CUSTOMER to the
COMPANY in respect of this contract shall not be effective unless in writing and sent to the COMPANY at
its address given below. Notices may also be given by fax confirmed by first class post on the date of
transmission.
21) Headings The headings to these Terms are for convenience of reference only and shall have no
effect on the construction of the Terms.
Canonbury Products Limited, Warwick House, St James Road, Brackley, Northants NN13 7XY Tel: (+44)
01280 70 66 61 Fax: (+44) 01280 70 66 71 VAT Registration No. GB 393 7861 02 Company
Registration 1703228

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