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contract or are so defective, the Purchaser’s sole remedy in respect of such non-accordance or defects shall
be limited as Verity Systems may elect to the replacement of the Products or refund of the purchase price or,
where sums are owed by the Purchaser to Verity Systems, the issue of a credit note against the return of the
Products.
THE PURCHASER MUST REFUSE PARCELS DELIVERED TO HIM IN A DAMAGED CONDITION.
In no circumstances shall Verity Systems be liable to compensate the Purchaser in damages or otherwise for
non-delivery or late delivery of the Products or for any loss consequential or otherwise arising from non-
delivery or late delivery.
8.
CANCELLATION OF ORDER
If at any time the Purchaser cancels an order for goods or services which Verity Systems specifies to be
“non-standard”, i.e. not detailed on the current price list, Verity Systems shall be entitled to claim as damages
an amount equal to 75% of the value of the order. For standard goods or services damages would equate to
50% of the value of the order. These amounts the Purchaser agrees represents a genuine pre-estimate of
Verity Systems’ loss. Upon the cancellation of any order, Verity Systems shall have the right to realize at its
discretion after 60 days all monies, securities or goods pledged with or held by it on behalf of the Purchaser
and to apply the proceeds in or towards the satisfaction of such claim for damages and the Purchaser shall
have no claim whatsoever against Verity Systems in connection therewith.
9.
PASSING OF PROPERTY AND RISK
The goods shall remain the sole and absolute property of Verity Systems as legal and equitable owner until
such times as the Purchaser shall have paid to Verity Systems the agreed price. From delivery of the goods
the Purchaser acknowledges that he is in possession of the goods solely as bailee for Verity Systems as
shall as bailee insure and keep the same insured in the name of Verity Systems in their full reinstatement
value in some reputable insurance office and indemnify Verity Systems for any uninsured loss thereof. For
the purpose of recovering the goods Verity Systems may enter any premises where the goods are stored or
where they are reasonably thought to be stored and may repossess the same. Until such time as the
purchaser becomes the owner of the goods he will store them on his premises in a manner, which makes
them readily identifiable as the goods of Verity Systems. The Purchaser is licensed by Verity Systems to
agree to sell Verity Systems’ goods subject to the express conditions that the entire proceeds thereof are
held in trust for Verity Systems and are not mingled with other monies or paid into any overdrawn Bank
Account and shall be at all times identifiable as Verity Systems monies. The Purchaser is licensed to use the
goods in the manufacture of other goods provided that if the goods being the property of Verity Systems are
mixed with goods being the property of the Purchaser or are processed with or incorporated therein the
product shall be deemed to be the sole and exclusive property of Verity Systems.
If the goods being the property of Verity Systems are mixed with goods being the property of any person
other than the Purchaser or incorporated therein the product thereof shall become or shall be deemed to be
owned in common with that other person in proportion to the value of the constituent parts therein. The
Purchaser is licensed by Verity Systems to agree to sell on the said product subject to the express condition
hereinbefore mentioned in relation to the proceeds of sale thereof.
10. SPECIFICATION
All drawings, specifications and particulars of the goods submitted are approximate only. The descriptions
and illustrations contained in catalogues, price lists and other advertising of Verity Systems are intended
merely to present a general idea of the goods described therein and shall not form part of the Contract.
Whilst every effort is made to ensure that the latest specification is available Verity Systems reserves the
right to incorporate new features and to supply products which may not be strictly in accordance with the
specification agreed upon, provided that any changes in specification shall not materially prejudice the
performance of the goods.
11. FORCE MAJEURE
Verity Systems shall not be liable for failure to perform or delay in performance of any contract or for the loss
or damage to goods directly or indirectly caused by force majeure to include acts of God, fire, theft, riot, war,
embargo, strike, shortage of labour, delays in delivery of material by suppliers, prohibition or export or import,
confiscation or any other occurrence (whether or not of a similar nature to those specified) beyond the
control of Verity Systems. No consequences of any such event shall give rise to the recession of the
Contract unless in the opinion of Verity Systems the contract becomes incapable of performance.
