Signbox signs and signage

Delivery

Delivery shall take place by the delivery date specified in the Order Confirmation or if no delivery date is specified, within 30 days of the date of the Order Confirmation (the Delivery Date).

Failure to deliver by the Delivery Date shall not constitute a breach of this Agreement and you shall not be entitled to rescind or repudiate the Agreement, in whole or in part, or claim damage for that failure.

Loss or damage in transit

Risk of damage to or loss of the Products shall pass to you at the time of delivery or, if you fail to take delivery of the Products at that time, the time when Signbox has tendered delivery of the Products.

Signbox will not entertain a claim from you in respect of loss or damage to the Products in transit unless:

(a) in the case of non-delivery, you give written notice to Signbox within 21 days of the Delivery Date;

(b) in the case of damage in transit, you give written notice within 5 days of actual delivery;

(c) in the case of goods transported by an independent freight carrier, you complying in all respects with the freight carrier's conditions of carriage for notifying claims for loss or damage in transit as notified to you by them; and

(d) Signbox has been given all reasonable opportunity to inspect the damaged Products.

Signbox reserves the right to make good any damage or defects notified to it by repair or replacement at its sole discretion, providing any defects are limited to faulty materials or workmanship and not a result of, wilful damage, negligence, incorrect storage or fixing, improper use, nor by fair wear and tear.

Acceptance

You shall be deemed to have accepted the Products and it shall be conclusively agreed that the Products are in accordance with the Agreement unless, within 10 days of receipt of the Products and prior to their use or resale, you give written notice to Signbox specifying any alleged defect in quality or in any other respect in which the Products are alleged not to be in accordance with this Agreement.

Limitations of liability

Signbox will make every reasonable effort to ensure that all Products comply with the specification set out on the website at the time of delivery, but it is in all cases for you to ensure that the Products are fit and suitable for the purpose for which they are required.

If any Products prove to be defective, the liability of Signbox shall for all purposes be limited to the cost of making good the defects or, at Signbox's discretion, replacement of the Products. Signbox will only consider crediting in part or in full in cases where it has been given a proper opportunity to make good any defects or to replace the Products and only where liability has been accepted by Signbox expressly in writing.

Signbox reserves the right to make any changes in the specifications of the Products which are required to conform with any applicable statutory or EC requirements or which do not materially affect their quality or performance.

Signbox shall not be liable for:

(a) Any defect in the Products arising from fair wear and tear, wilful damage, use by unauthorised or inexperienced personnel, negligence, failure to follow Signbox's instructions (whether oral or in writing), misuse or alteration or repair of the Products without Signbox's approval; or

(b) Any loss, damage, cost, expenses or other claims for compensation arising out of any breach by you of your obligations under this Agreement.

Subject as expressly provided in this Agreement, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

Signbox shall not be liable to you by reason of any negligence or any other tortuous action or any representation (unless fraudulent), or any implied warranty, condition or other term or under the expressed terms of this Agreement for:

(a) Any loss of anticipated revenue; or

(b) Loss of profits; or

(c) Loss of business opportunity; or

(d) Loss of goodwill; or

(e) Damage to reputation; or

(f) Any indirect, special or consequential loss or damage, costs, expenses or other such claims for compensation whatsoever; (whether causes by the negligence of Signbox, its employees or agents or otherwise) which arises out of or in connection with this Agreement.

The entire liability of Signbox in respect of any and all claims made against it by you under or in connection with this Agreement shall not exceed the total price payable under this Agreement.

Notwithstanding anything to the contrary in this Agreement, Signbox's liability to you:

(a) For death or personal injury caused by the negligence of Signbox, its employees, agents or sub-contractors; or

(b) For fraud (including but not limited to fraudulent misrepresentation)

is not limited (but nothing in this clause confers any right or remedy upon you to which you would not otherwise it entitled).

Where any Product bought by you through this website is from a third party seller, the third party sellers individual liability will be set out in the third party sellers terms and conditions notified to you.

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