Blue Catalogue STARCO Product range, 2014 (GB) | Page 182

8.3 Without limiting its other rights or remedies, STARCO GB may suspend
provision of the Goods under the Contract or any other contract between
the Customer and STARCO GB if the Customer becomes subject to any of
the events listed in clause 8.2(a) to clause 8.2 (g), or STARCO GB reasonably
believes that the Customer is about to become subject to any of them, or if
the Customer fails to pay any amount due under this Contract on the due
date for payment.
8.4 On termination of the Contract for any reason the Customer shall immediately pay to STARCO GB all of STARCO GB’s outstanding unpaid invoices
and interest.
8.5 Termination of the Contract, however arising, shall not affect any of the
parties’ rights, remedies, obligations and liabilities that have accrued as at
termination.
8.6 Clauses which expressly or by implication survive termination of the
Contract shall continue in full force and effect.
9. LIMITATION OF LIABILITY
9.1 Nothing in these Conditions shall limit or exclude STARCO GB’s liability
for:
(a) death or personal injury caused by its negligence, or the negligence of its
employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for STARCO GB to
exclude or restrict liability.
9.2 Subject to clause 9.1:
(a) STARCO GB 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; and
(b) STARCO GB’s total liability to the Customer in respect of all other losses
arising under or in connection with the Contract, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, shall in no
circumstances exceed the amount of insurance cover that STARCO GB has in
place in relation to the relevant liability in question.
10. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused
by a Force Majeure Event. A Force Majeure Event means any event beyond a
party’s reasonable control, which by its nature could not have been foreseen,
or, if it could have been foreseen, was unavoidable, including a supplier
failing to supply goods and/or services, strikes, lock-outs or other industrial
disputes (whether involving its own workforce or a third party’s), failure of
energy sources or transport network, acts of God, war, terrorism, riot, civil
commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant
or machinery, nuclear, chemical or biological contamination, sonic boom,
explosions, collapse of building structures, fires, floods, storms, earthquakes,
loss at sea, epidemics or similar events, natural disasters or extreme adverse
weather conditions, or default of suppliers or subcontractors.
11. INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY AND SOLICITING
OF EMPLOYEES
11.1 All Intellectual Property Rights in or arising out of or in connection with
the Goods (including but without limitation any specification or design
produced or provided by STARCO GB) shall be owned by STARCO GB.
11.2 A party (receiving party) shall keep in strict confidence all technical or
commercial know-how, specifications, inventions, processes or initiatives
which are of a confidential nature and have been disclosed to the receiving
party by the other party (disclosing party), its employees, agents or subcontractors, and any other confidential information concerning the disclosing
party’s business, its products and services which the receiving party may
obtain. F