Terms and Conditions (continued 3)

* full retention separators

* bypass separators

* petroleum forecourt products

* water recycling products

* drainage solutions

* manhole covers

* pollution control products

* grease traps

* water storage tanks

* bespoke design service

Telephone

UK: 01909 725187

Europe: 0044 1909 725187 sales@tonybartle.com

TBL - Terms and Conditions continued

14-Defects after Delivery-

(a) We will make good, by repair or at our option by the supply of replacement, defects which under proper use appear in the goods within a period of twelve calendar months after the goods have been delivered and arise solely from faulty design, materials or workmanship. Provided always that defective parts are promptly returned by you free to our works unless otherwise arranged. The repair or new parts will be delivered by us free of charge as provided in clause 11.

(b) Our liability under sub-clause (a) above shall be in lieu of any warranty or condition implied by law as to the quality or fitness for purpose of the goods.

(c) save as provided under sub clause (a) above we shall not be under any liability, whether in contract tort or otherwise (save that nothing herein contained shall exclude any liability we may incur for death or personal injury resulting from negligence as defined in the Unfair Contract Terms Act 1977) in respect of

(i) defects in goods delivered; or

(ii) injury loss or damage resulting from such defects; or

(iii) injury loss or damage resulting from any work done in connection therewith.

15-Patents- We will indemnify you against any claim for Infringement of Letters Patent, Registered Design, Trade Mark or Copyright (published at the date of the contract) by the use or sale of any article or material supplied by us to you and against all costs and damages which you may incur in any action for such infringement or for which you may become liable in any such action. Provided always that this indemnity shall not apply to any infringement which is due to our having followed a design or instruction furnished or given by you or to the use of such article or material in a manner or for a purpose or in a foreign country not specified by or disclosed to us, or to any infringement which is due to the use of such article or material in association or combination with any other article or material not supplied by us. And providing also that this indemnity is conditional on your giving to us the earliest possible notice in writing of any allegation or claim being made or action threatened or brought against you and on your permitting us at our own expense to conduct any litigation that may ensue and all negotiations for a settlement of the claim. You on your part warrant that any design or instruction furnished by you shall not be such as will cause us to infringe any Letters Patent, Registered Design, Trade Mark or Copyright in the execution of you order.

16-Liability for Accidents and Damage- If we, our agents or sub-contractors are on site for the purpose of the contract then, notwithstanding the provisions of Clause 15 we will indemnify you against any direct damage or injury to your property or person or that of others occurring while we are working on the site to the extent caused by negligence of ourselves our sub-contractors or agents, but not otherwise, by making good such damage to property or compensating personal injury. Provided that:

(a) our total liability for damage to your property shall not exceed the contract price, and -

(b) we shall not be liable to you for any loss of profit or contract or save as aforesaid for any loss, damage or injury of any kind whatsoever.

Save as provided in Clause 15, we shall not be liable for any loss or damage to property occurring after our completion of work on site.

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