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(a) Subject to the customer’s compliance with all its obligations herein, goods supplied will be replaced or repaired free of charge, or in Champion Timber’s absolute discretion the purchase price refunded if notice of the defect is given to Champion Timber within 48 hours of receipt and the goods are returned to a Champion Timber branch carriage paid, and Champion Timber are satisfied that the goods were defective in materials or workmanship on receipt. Champion Timber accept no liability for the cost of taking out, re-fixing or making good other materials. Subject to the above Champion Timber’s entire obligation and the customer’s sole remedies shall be in respect of:
(i) death or personal injury resulting from Champion Timber’s negligence.
(ii) direct physical damage to the customer’s tangible property caused by Champion Timber’s negligence.
(b) Champion Timber’s total liability for all loss or damage which is claimed to result from any breach of Champion Timber’s obligations hereunder shall be limited to the customer’s actual monetary damages which shall not exceed the contract price for the goods (provided that the monetary limit shall not apply to Champion Timber’s liability for death or personal injury under (a) (i) above).
(c) In no event shall Champion Timber be liable for the loss or damage set out below even if foreseeable by Champion Timber or in Champion Timber’s contemplation.
(i) economic loss including loss of profits, business revenue, goodwill or anticipated savings;
(ii) damages in respect of special, indirect or consequential loss or damages.
(iii) any claim made against the customer by any other party.
Champion Timber shall not accept on return for credit any goods ordered from Champion Timber incorrectly or subsequently found to be surplus to the customer’s requirements. The suitability of specialist goods is assumed to have been assessed by the customer or his/her advisor(s) prior to purchase. Champion Timber shall endeavour to assist customers where possible by accepting at a reasonable restocking charge the return of goods (together with the original packing if applicable) which are from Champion Timber's normal stock lines but goods ordered from the manufacturer cannot be accepted without Champion Timber prior agreement for the return and Champion Timber restocking charges having been paid. In any event, credit cannot be given unless the customer provides Champion Timber with the number of the invoice on which the goods were supplied.
A W Champion Ltd
Champion House
205-209 Burlington Road
New Malden
Surrey
KT3 4NB
United Kingdom