10 - 12 Limitation of Liability of the

TERMS AND CONDITIONS

10. Limitation of Liability

    SAVE AS EXPRESSLY PROVIDED IN CLAUSE 9 ABOVE THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER TO THE BUYER WHETER IN CONTRACT, TORT OR OTHERWISE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTIAL LOSS OR DAMAGE OF ANY KIND SUFFERED OR INCURRED BY THE BUYER HOWSOEVER CAUSED OR ARISING , WHETHER FROM BREACH OR NON-PERFORMANCE OF ANY OF ITS OBLIGATIONS UNDER THE CONTRACT OR FROM THE SUPPLY, INSTALLATION, PERFORMANCE , OPERATIONS OR USE OF THE PRODUCTS, EXCEPT LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE COMPANY'S PROVEN NEGLIGENCE.

11. Infringement

11.1The Buyer warrants that any design or instruction furnished or given by it shall not be such as will cause the Company to infringe any letters, patent, copyright, registered design or trade mark in the performance of the Contract and the Buyer undertakes to indemnify the Company against all damaged, penalties, costs and expenses to which the company may become liable as a result of in accordance with the Buyer's designs or instructions which involves the infringement of any letters patent, copyright, registered design or trademark.
11.2The Company makes no warranty or representation whatsoever that the Products do not infringe any letters patent, copyright, registered design and accepts no liability in this respect.

12. Assignment

    The Contract shall not be assigned in whole or in part by either party without the written consent of the other party, except that the Company may assign its rights, liabilities and obligation to an associated company without prior written notice.