Terms of Trading (Version 1.2) 12/02/2009 (Continued)

18. Title in all the Goods supplied by the Company shall remain vested in the Company until the Company has received full payment in respect thereof. Risk in the Goods supplied passes to the Customer on despatch.
19. The Company warrants to the Customer only that any Goods supplied by it, function in accordance with any specification provided in documentation accompanying the Goods, provided the Goods have been used strictly in accordance with the Company’s instructions, and, without prejudice to the generality of the foregoing, have been used correctly in accordance with a designated computer operating system.
20. All software products are licensed (not sold) in accordance with the terms and expressed in the documentation included with the Goods.
21. Save as herein provided, all representations, conditions, warranties or other terms expressed or implied or whether statutory or otherwise are hereby expressly excluded. Under no circumstances shall the Company be liable to the Customer or to third parties for loss (including, but not limited to, profit or data) damage or injury howsoever arising. In any event, the total liability the Company shall have to the Customer shall not exceed the value of the Goods covered by the invoice.
22. In the case of Goods not of the Company’s manufacture, the Company will extend the Customer the benefit of any guarantee, warranty or condition which may have been granted to the Company by the supplier of the Goods and will take such steps as the Customer may reasonably require to enforce such rights but save as aforesaid no condition or warranty is given by the Company in relation to such Goods that are not of its manufacture.
23. The warranties in this clause in no way invalidate any statutory right of the Customer.
24. The failure by the Company at any time or for any period to enforce any one or more of these Terms and Conditions shall not be a waiver of them or a waiver of the right to enforce such Terms and Conditions on a future occasion.
25. The Company shall not be liable for any consequential or indirect loss suffered by the Customer whether this loss arises from breach of duty in contract, tort or misrepresentation or in any other way (including loss arising from the Company’s negligence). Non-exhaustive illustrations of consequential or indirect loss include loss of profits, loss of contracts, damage to the property of the Customer or anyone else and personal injury to the Customer or anyone else (except so far as such injury is attributable to the Company’s negligence).
26. The Company’s total liability for all claims in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise arising out of any one Contract shall not exceed the Contract price.
27. Each of the above Terms and Conditions shall be read and construed independently of each other so that if one more is held to be invalid as an unreasonable restraint of trade, or for any other reason whatsoever, then the remaining Terms and Conditions shall be valid to the extent they are not held to be so invalid. Further, in the event that any Term and Condition shall be found void but will be valid if some part thereof were deleted then such modification as may be necessary to make it valid and effective.
28. The Customer is reminded that software programs are licensed and not sold and any licence granted is personal to the licensee. The Customer has no right of sale, lease, rent, or hire of a software program to a third party unless the Company’s prior and written permission has been obtained.
29. The Company shall not be responsible for any failure to perform its obligations hereunder due to circumstances beyond its control.

Continued