9. Limitation of liability

9.1 Standards Terms and Conditions

(a) The advice and guidance provided by the supplier shall not prevent enforcement action in the future.

(b) Payment terms are strictly within 30 days. Non-payment after that may incur an additional administration charge.

(c) The supplier shall, under no circumstances whatever, be liable to the customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract. The suppliers total liability to the Customer in respect of all losses arising under or in connection with the Contract, tort, ( including negligence), breach of statutory duty, or otherwise shall in no circumstances exceed the amount paid to them in respect of this Contract.

(d) Except as expressly stated in this agreement, all terms, conditions, warranties and representations that would otherwise be applied or implied (by statute or otherwise) in, or in relation to this agreement are excluded to the fullest extent permissible in law.

(e) No use of Breckland Council logos, or any of the associated wording, shall be reproduced or used unless with the express written permission of ourselves.

(f) Payments for course fees and commercial appointments shall be non- refundable. If you require to cancel a course/courses/pre-arranged appointment, as long as 14 days' notice is given prior to the running of the course or the commercial appointment then suitable alternatives will be offered. If less than 14 days' notice is given then no refunds will be given, unless there are exceptional personal circumstances and this will be at the total discretion of the Environmental Health & Licensing Manager.

(g) By ordering any of our goods and services, shall be deemed that you have read, understood and accepted all of these terms and conditions.

(h) All Intellectual Property Rights are vested in the provider of the service and recipients shall not make copies of any of the materials, other than for their internal use, except with the suppliers express permission.

(i) In the event that goods or services cannot be delivered as a result of any cause beyond our reasonable control (such events to include, but not limited to, acts of god, flood, terrorism but not industrial action), then this contract shall be terminated and all parties shall be relieved of their obligations under this Contract.

(j) Nothing in the Contract shall limit or exclude the Supplier's liability for:

death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
fraud or fraudulent misrepresentation; or
breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.

9.2

Subject to Clause 9.1, the Supplier shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) loss of profits;

(b) loss of sales or business;

(d) loss of anticipated savings;

(e) loss of use or corruption of software, data or information;

(f) loss of damage to goodwill; and

(g) any indirect or consequential loss.

9.3

Subject to clause 9.1, the Supplier's total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to the total paid to the Supplier paid under the Contract.

9.4

The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.