"Seller":- Decor Ireland Ltd, Registered in Northern Ireland at 9 Rathdown Close, Lissue Industrial Estate West, Lisburn, BT28 2RB, Registered Company no. NI607376 trading as Decor Ireland, 9 Rathdown Close, Lissue Industrial Estate West, Lisburn, BT28 2RB.
"Buyer":-
1. GENERAL
These terms and conditions apply in preference to and supersede any terms and conditions referred to, offered to or relied on by the Buyer whether in negotiation or at any stage in the dealing between the parties with reference to the goods with which this contract is concerned. Without prejudice to the generality of the foregoing, the Seller will not be bound by any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
2. VARIATION
Neither the Seller nor the Buyer shall be bound by any variation, addition to, or amendment of these terms unless such is agreed in writing by the parties and signed on their behalf by a duly authorised party.
3. DESCRIPTION
Any description given or applied to these goods has been given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that he did not in any way rely on any description when entering into the contract.
4. SAMPLE
Notwithstanding that a sample of the goods might have been shown to and inspected by the Buyer, the parties hereto accept that such sample was so shown and inspected for the sole purpose of enabling the Buyer to judge for himself the quality of the bulk, and not so as to constitute a sale by sample.
5. EXTENT OF LIABILITY
(a) The Seller shall have no liability to the Buyer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the contract or any negligence, breach of statutory or other duty on the part of the Seller or in any other way out of or in connection with the performance or purported performance of or failure to perform the contract except:
(i) For death or personal injury resulting from the Seller's negligence and
(ii) As expressly stated in these conditions.
(b) If the Buyer establishes that any goods have not been delivered, have been delivered damaged, are not of the correct quantity or do not comply with their description the Seller shall, at its option, replace with similar goods any goods which are missing, lost or damaged or do not comply with their description allow the Buyer credit for their invoice value or repair any damaged goods.
(c) If the Buyer establishes that any goods are defective the Seller shall as its option replace with similar goods or repair any defective goods allow the Buyer credit for their invoice value or to the extent that the goods are not of the Seller's manufacture, assign to the Buyer (so far as the Seller is able to do so) any warranties given by the manufacturer of the goods to the Seller.
(d) The delivery of any repaired or replaced or replacement goods shall be at the Seller's premises or other delivery point specified for the original goods.
(e) Where the Seller is liable in accordance with this condition in respect of only some or part of the goods the contract shall remain in full force and effect in respect of the other or other parts of the goods and no set-off or other claim shall be made by the Buyer against or in respect of such other or other parts of the goods.