( 5.5
75.0
3.
7.
Annex IV (P 9 of 10)
The relationship between the parties is to be fiduciary and in enable us to treet the proceeds of sale the Pur- chaser sivil store the goods separately or in such a way that renders them easily identifiable. On resale by the Purchaser our title attaches to the proceeds of sale. •
The Purchaser shall indemnify us in respect of any claims against us by the Purchaser's customers.
Guarantee
In lieu of any warranty implied by law, we expressly guarantee to repair or replace at our option, FOB basis any part which within a period not exceeding 12 months from the date of delivery may prove defective through bad material or workmanship, provided always that such defective parts are promptly returned free to us unless otherwise agreed; but replacement parts are supplied on the condition that we shall not be liable for any losses through stoppages, nor for any other direct or consequential damages arising from such defects. This guarantee hereby given applies solely to goods and services of our own manufacture. Equipment supplied but not manu- factured by us is sold subject to the same guarantee and conditions of sale as is given to us by the respective manufacturers of such equipment.
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Plans, Drawings etc
All drawings, photographs, plans capacities, weights, measurements, and other particulars given are to be taken as approximate only. Small deviation therefrom shall not invalidate the contract not be made the basis of any claim against us. We reserve the right to change the construction or design if in our judgment such change is to the interest of all parties and does not vary the results. Plans, drawings, specifications and estimates must not be disclosed to, any third party without our written consent and all plans and drawings remain our property and must be returned to us at once if the order is not placed with us.
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Limits of Contract
9.
10.
)}.
Our tender and contract includes only such goods, services and accessories as are specified therein.
Law
The proper law of this contract is that of Hong Kong and the parties hereby submit to the jurisdiction of the court of Hong Kong
Forbearance.
No relaxation forbearance or indulgence by us in enforcing any of the terms and conditions of this contract or the granting of time by us to the purchaser shall prejudice or restrict our rights and powers hereunder nor shell any waiver or any breach hereof operate as a waiver of any subsequent or continuing breach of contract. Cancellation/Termination
The contract may be terminated
13.1 By us without notice in the event:
11.11 the Purchaser is in breach of any of the terms of the contract and fails to remedy the same within 14 days of notice in writing by us specifying the breach complained of and requestion the Furchases to remedy the same in 14 days; or
1112 delivery of goode has been disrupted, suspended or deferred by the purchaser pursuant to sub-clause (31.2) hereof for a period of 3 months from the date of such disruption, suspension, or deferral and the Purchaser falls to take delivery thereof within 14 days of notice in writing by us requesting the Purchases to so take delivery, or
11.13 the Purchaser cancels delivery of the whole (or so much thereof the remaining undelivered) of the goode
to be supplied bereunder, or
11.1.4 the Purchaser shall fail or refuse to take delivery of any goods to be supplied hereunder and such failure or refusal continues for a period of 14 days after we advise the Purchaser that such goods are ready for delivery, or
112 By the Purchaser only with our written consent and in the event of such termination the Purchaser shall forth- with pay to us by wzy of liquidated and ascertained damages the value of goods supplied and work and labour dose to the date of termination not previously paid for together with the value of "work in progress" of goods in the course of manufacture or completed not then delivered and the measure of our less including indirect cons incurred in pursuance of the contract and its loss of profit on the contract.
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