delivery will be asked to sign a
disclaimer indemnifying the Company against any claim arising from
needle drop or product freshness.
Any claim by the Buyers that the goods delivered are defective or
short on numbers must be noted on the delivery note of the goods. The
Company will replace defective goods as soon as possible or part
thereof relating to the defective goods.
5. (b) The Company will
not be liable for:
Any excess in total claims over contract price.
Loss caused by delay.
Any loss which the Company is precluded from
recovering from a carrier by reason of the Buyers
failure to give the notice necessary for such a recovery.
Any such claims on goods or parts of goods that
perishable or would be expected to maintain
condition in even normal circumstances or storage or use.
Any claim against delivered quantity or dimensions
of the goods unless these are indicated
on the delivery note at the time of delivery.
6. The contracts shall be
governed in accordance with English Law. In the event that any
delivery is prevented through government intervention, war, industrial
dispute, accident, fire, Act of God or any other cause (whether or not
ejusdem generis) beyond the control of the Company, the Company may at
its option suspend performance of its obligations hereunder for the
period of such event or rescind the Contract without becoming liable
for any damage or consequential loss resulting therefrom but without
prejudice to the rights of the Company to recover any monies owing to
it in respect of consignments delivered.