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4. Settlement Terms Payment shall be monthly on date specified. If such payment is overdue in whole or in part the Company may (without prejudice to any of its other rights) recover or resell the goods or any of them and may enter upon the Buyer’s premises by its servants or agents for that purpose. Such payments shall become due immediately upon the commencement of any act or proceeding in which the Buyer’s solvency is involved. The Company reserves the right to suspend deliveries and revoke any other trading benefits for non-compliance of terms. The ownership of the goods shall remain with the Company. If any of the goods are incorporated in or used as material for other goods before such payment the property in the whole of such goods shall be and remain with the Company until such payment has been made or the other goods shall have been sold as aforesaid and all the Company’s rights hereunder in the goods shall extend to those other goods. 5. Cancellation of Orders Cancellation of orders which have to be made up specially (whether catalogued or otherwise) cannot be accepted. Orders for goods which are not our current standard products are only accepted on the condition that cancellation or return cannot be accepted by the Company. 6.Warranties In respect of goods not of our manufacture our warranties will extend only to replacement of faulty goods. These warranties do not apply to any goods which have been repaired or altered, subjected to misuse, neglect or accident and the Company shall have no liability whatsoever for consequential damages in these circumstances. 7. Deliveries In respect of delivery the Company will endeavour to dispatch items to the Hirer within one working day following receipt of signed agreement and initial payment. The Company will not be held liable for the shortcomings of outside delivery agencies which are beyond their control, e.g. Royal Mail etc. 8. Force Majeure No Party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity [or telephone service], and no other Party will have a right to terminate any agreement in such circumstances." Any Party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated |