(d) the Customer ceases, or threatens to cease, to carry on business ; or
(e) the Supplier reasonably concludes that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
14.3 If sub-Clause 14.2 applies then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
15.1 The Supplier shall not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of the Contract (or these Terms and Conditions), be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by theSupplier’s servants or agents or otherwise) which arise out of or in connection with the supply of the Goods and Services.
15.2 All warranties, conditions and other terms implied by any statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
15.3 The Customer shall be liable and shall indemnify the Supplier for any defect arising from wear and tear, wilful damage, negligence, dismantling and / or modification and against all damages, costs, claims and expenses suffered by arising from loss or damage to any equipment (including that of third parties) caused by the Customer, its agents or employees. The Customer shall be liable for any costs incurred in repairing a supplied product resulting from damage or injury to a third party or their property or any further liability. Rental and hire contracts do not include insurance, which may be purchased from the Supplier on request.
15.4 Where the Customer consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them. All obligations on the part of such a Customer shall be joint and several obligations of such persons.
15.5 The Supplier shall not be liable to the Customer or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations if the delay or failure was due to any cause beyond the Supplier’s reasonable control.
15.6 Nothing in these Terms and Conditions excludes or limits the liability of the Supplier :- a) for death or personal injury caused by the Supplier’s negligence;
b) for any matter which it would be illegal for the Supplier to exclude or attempt to exclude its liability; or
c) for fraud or fraudulent misrepresentation.
15.7 Subject to the remaining provisions of this Clause 15 : -:
a) the Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract Price; and
b) the Supplier shall not be liable to the Customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.