7.1. CLIFFORDS liability for defective Goods is limited to resupplying or (in its discretion) repairing Goods or providing a credit to the Buyer of the Contract price for Goods which in each case are found within 28 days of delivery to be defective because of faulty or incorrect design, workmanship, parts or materials.
7.2. If there is any error in any weight, dimension, colour or other description which has formed a representation or is part of the Contract CLIFFORDS liability in respect of any loss, costs, expenses, liability or damage which the Buyer suffers as a result shall not exceed the price of the Goods in respect of which the description is incorrect.
7.3. Subject to clause 7.7, in the event of any negligence by CLIFFORDS its employees or agents in or in connection with the supply of the Goods or the design or manufacture thereof, CLIFFORDS shall have no liability to the Buyer save as expressly set out in this clause 7
7.4.1. where the Buyer has not within 7 days of discovering the same and within the time period specified in clause 7.1 given to CLIFFORDS notice of any defect in the Goods and provided authority for CLIFFORDS employees or agents to inspect the Goods or (at CLIFFORDS request) returned the relevant Goods to CLIFFORDS at CLIFFORDS request and at the Buyer’s expense for the purposes of inspection; or
7.4.2. in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal use, failure to follow the manufacturer’s instructions, or the instructions set out in the instruction manual, or any other instructions (including any relevant legislation or regulations) misuse or alteration or unauthorised repair or use of the Goods; or
7.7. CLIFFORDS shall not be liable for any delay or failure to perform its obligations under any Contract to the extent that such performance is delayed, prevented or hindered by acts of God, failure of suppliers, breakdown of machinery, war, riot, sabotage, explosions, strikes, lockouts, shortages of labour, materials or fuel, fire, storm, flood or any circumstances which are outside the reasonable control of CLIFFORDS (“Force Majeure Events”). If delivery is delayed for more than 3 months from receipt of the order by CLIFFORDS as a result of a “Force Majeure Event”, then either CLIFFORDS or the Buyer may cancel the Contract and CLIFFORDS will refund to the Buyer any payment made by the Buyer for such order but CLIFFORDS shall have no liability in respect of such cancellation.
7.8. Subject to and without prejudice to the other provisions of this clause 7 if CLIFFORDS has any liability to the Buyer under or arising out of a Contract (whether in contract, tort (including but not limited to negligence) or otherwise) such liability shall not in aggregate exceed the Contract price.