7. Quality and Conditions of Goods: (i) No representation or warranty is given as to the suitability or fitness of the goods for any or any particular purpose and the Customer shall himself in this respect and shall be totally responsible therefore. In particular, but without prejudice to the generality of the foregoing, no representation or warranty is given as to the suitability or fitness of the goods for the purpose of providing bodily protection where the goods are used in connection with the Customer’s business as an organiser of “war games” and the Customer shall not rely on the skill and judgement of the Seller to ensure the goods are suitable for any particular purpose (whether or not such purpose may be known to the Seller). (ii) The Seller accepts no liability whatsoever in regard to the goods where the Customer or third party misuses the goods, does not use the goods for their intended purpose and or does not use the goods in the correct manner or in accordance with user guidance or instructions. 8. Force Majeure: Every effort will be made by the seller to carry out the contract but due performance of it is subject to variation or cancellation in the event of Act of God, war, strikes, lockouts, fire, flood, or any other cause beyond the Seller’s control. 9. Headings and Construction: (i) Headings do not form part of these terms and conditions of sale. (ii) In the event that any of the terms and conditions of sale shall be found void but would be valid if some part thereof were deleted or the duration, extent or application were altered or reduced, such term or condition shall apply with any such modification as may be necessary to make it valid and effective. 10. Governing Law: These terms and conditions of sale shall in all respects be governed by and construed in accordance with English law. 11. Supersedure: These terms and conditions of sale shall supersede and replace all earlier negotiations or agreements between the parties, whether oral or written. These terms and conditions are deemed to incorporate all the terms of the contract of sale between the Seller and the Customer and their interpretation shall not be coloured by prior negotiation. No amendment or modification of these terms and conditions shall be binding on either party unless reduced to writing and signed by both parties. Terms and Conditions 99
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