7. Liability

7.1 Notwithstanding any other provision of the Contract, this clause 7 sets out the entire financial liability of the Company (including any liability for the acts or omissions of its agents, employees and/or sub-contractors) to the Customer in respect of (i) any breach of the terms of the Contract (ii) any use made or resale of the Products (or any of them) or of any product incorporating any of the Products and (iii) any representation, warranty, statement and any tortious act or omission (including negligence) arising under or in connection with the Contract. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

7.2 The Company’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 relevant Contract, shall be limited to the amount of the Contract price, that is, the aggregate amount invoiced to the Customer by the Company under the relevant Contract.

7.3 The Company shall not be liable to the Customer (i) for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise (whether, in each case, direct, indirect or consequential) or any other claims for consequential compensation, howsoever caused, which arise out of or in connection with the Contract or (ii) if and to the extent that any failure of the Company to deliver any Products and/or Services is caused by a Force Majeure Event (as defined in clause 7.5 below) or by the Customer's failure to provide the Company with adequate delivery instructions for (or any other material instruction related to the supply of) the relevant Products and/or Services. The Customer acknowledges that the Company’s pricing is determined on the basis of the limitations of liability set out in this clause 7.

7.4 Without limiting the generality of the foregoing provisions, the Company shall not bear any financial or other liability to the Customer, or any third party, in the event that any of the Products or items or materials supplied by the Customer pursuant to the Contract are seized, on or off the Company’s premises, as a result of obscene, blasphemous, libelous, defamatory or other offensive or illegal material being contained in or on such items, materials or Products or the packaging thereof. However, notwithstanding any inability of the Company to deliver any such Products as a result of any such seizure, the Customer shall be liable to make payment to the Company for the Products at the full price set out in the relevant invoice.

7.5 The Company reserves the right to defer any date/time for delivery of the Products, to terminate the Contract and/or to reduce the volume of the Products ordered by the Customer, in each case without incurring any liability to the Customer, if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riots, civil commotion, fire explosion, flood, epidemic, lock-outs, strikes or other labour disputes or restraints or delays affecting carriers or any inability to obtain, or any delay in obtaining, supplies of adequate or suitable materials (each, a “Force Majeure Event”) provided always that, if the event in question lasts for a continuous period of ninety (90) days, the Customer shall be entitled to terminate the Contract by notice in writing to the Company. Otherwise, the Customer shall not be entitled to terminate or cancel the Contract without the prior written consent of the Company and it shall be an implied condition of any such consent that the Customer shall indemnify the Company against all expenses and losses (including loss of profit) suffered or incurred by the Company as a result of any such termination or cancellation.

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