(b) Any advice or recommendation given by Metro, or its employees, or agents to the Purchaser, or its employees, or agents which is not confirmed in writing by Metro is followed or acted upon entirely at the Purchaser´s own risk, and accordingly Metro shall not be liable for any such advice or recommendation which is not so confirmed.
(b) Any claim by the Purchaser which is based on any defect in the quality of the services provided, or their failure to correspond with specification shall (whether or not return of the treated items is refused by the Purchaser) be notified to Metro within 4 days from the date of return, or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If return is not refused, and the Purchaser does not notify Metro accordingly, the Purchaser shall not be entitled to reject the services and Metro shall have no liability for such defect or failure, and the Purchaser shall be bound to pay the price as if the services had been provided in accordance with the contract.
(c) Where any valid claim in respect of any of the services which is based on any defect in the quality of the services, or their failure to meet specification, is notified to Metro in accordance with these Conditions, Metro shall be entitled to re-execute the services free of charge or, at the sole discretion of Metro to the Purchaser, the price for the service.
(d) Except in respect of death or personal injury caused by the negligence of Metro, Metro shall not be liable to the Purchaser by reason of any representation or any implied warranty, condition or other term or any duty at common law or under the express terms of the contract, for any consequential compensation whatsoever (and whether caused by the negligence of Metro, its employees or agents or otherwise) which arise out of, or in connection with, the supply of the services except as expressly provided in these Conditions.
(b) If Metro is unable to take delivery of the items by reason of a failure of the Purchaser to deliver the items, the Purchaser shall be liable for any costs incurred by Metro consequent upon the failure to deliver the items.
(c) Any costs incurred by Metro consequent upon a discrepancy between the items and the description of the items as supplied by the Purchaser to Metro shall be refunded by the Purchaser and Metro shall be entitled to treat the contract as repudiated.
(d) Metro shall not be responsible for destruction or loss of, or damage to, any item howsoever caused, unless due to the negligence or wilful default of Metro or its employees or agents.
(e) No dangerous items may be supplied without the previous consent of Metro and such items may, upon being discovered, be destroyed or sold or otherwise disposed of as Metro shall think fit and the balance of any monies realised by such sale after paying the costs thereof, and incidental thereto, shall be credited to the Purchaser.
(b) Any dates quoted for the delivery of the items are approximate only and Metro shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by Metro in writing. The items may be delivered by Metro in advance of the quoted delivery date upon giving reasonable notice to the Purchaser.
(c) Where the items are to be collected or delivered in instalments, each delivery shall constitute a separate contract. Any failure by Metro to deliver any one or more of the instalments in accordance with these conditions or any claim by the Purchaser in respect of any one or more instalments shall not entitle the Purchaser to treat the contract as a whole as repudiated.
(d) If the Purchaser fails to collect or take delivery of the goods or fails to give Metro adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Purchaser’s reasonable control or by reason of Metro’s default) then, without prejudice to any other right or remedy available to Metro, Metro may store the items until actual collection or delivery and charge the Purchaser for the reasonable costs (including insurance) of storage.