7.3 Subject to Section 7.2 above, the Company will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website the Company will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and the Company accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
7.4 Subject to Section 7.2 above and Section 7.7 in relation to Consumers, other than as expressly provided in these Terms and Conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.5 Subject to Section 7.2 above, the Company will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any: economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms and Conditions.
7.6 Notwithstanding the above, subject to Section 8 in relation to Consumers, the Company's aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.7 This clause does not affect your statutory rights as a Consumer, nor does it affect your contract cancellation rights.
7.8 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
7.9 The Company will, free of charge, within a period of 3 months from the date of delivery of Goods which are proved to the reasonable satisfaction of the Company to be damaged or defective due to defects in material, workmanship or design (other than a design made, furnished or specified by the Buyer), replace such Goods. This obligation will not apply where:
7.9.1 the Goods have been improperly altered in any way whatsoever, or have been subject to misuse;
7.9.1a the Goods have been supplied in electronic download format;
7.9.2 any maintenance requirements relating to the Goods have not been complied with;
7.9.3 any instructions as to storage and/or use of the Goods have not been complied with in all respects; or
7.9.4 the Buyer has failed to notify the Company of any defect or suspected defect within 14 days of delivery where the defect should be apparent on reasonable inspection, or within 14 days of the same coming to the knowledge of the Buyer where the defect is not one which should be apparent on reasonable inspection, and in any event no later than 3 months from the date of delivery.
7.10 The Company will refund to the Buyer the cost of carriage on the return of any such defective or damaged Goods, and will deliver any repaired or replacement Goods to the Buyer at the Company’s own expense.
7.11 Any Goods which have been replaced will belong to the Company. Any repaired or replacement Goods will be liable to repair or replacement under the terms specified in Condition 7.9 for the unexpired portion of the 3 month period from the original date of delivery of the replaced Goods.
Exclusion of Liability
7.12 In the event of any breach of the Company’s express obligations under Sections 3.4, 7.9, 7.10 and 7.11 above the remedies of the Buyer will be limited to damages.
7.13 The Company does not exclude its liability (if any) to the Buyer:
7.13.1 for breach of the Company’s obligations arising under Section 12 Sale of Goods Act 1979 or Section 2 Sale and Supply of Goods and Services Act 1982;
7.13.2 for personal injury or death resulting from the Company’s negligence;
7.13.3 under Section 2(3) Consumer Protection Act 1987;
7.13.4 for any matter which it would be illegal for the Company to exclude (or to attempt to exclude) its liability; or
7.13.5 for fraud.
7.14 Except as provided in Sections 3.4 and 7.9 to 7.13, the Company will be under no liability to the Buyer whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with:
7.14.1 any of the Goods, or the manufacture or sale or supply, or failure or delay in supply, of the Goods by the Company or on the part of the Company’s employees, agents or sub- contractors;
7.14.2 any breach by the Company of any of the express or implied terms of the Contract; or
7.14.3 any statement made or not made, or advice given or not given, by or on behalf of the Company or otherwise under the Contract.
7.15 Except as set out in Sections 3.4 and 7.9 to 7.13, the Company hereby excludes to the fullest extent permissible in law, all conditions, warranties and stipulations, express (other than those set out in the Contract) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of the Buyer.
7.16 The Buyer acknowledges that the above provisions of this Section 7 are reasonable and reflected in the price which would be higher without those provisions, and the Buyer will accept such risk and/or insure accordingly.
8. Terms relating to the Buyers acting as a Consumer
8.1 Goods supplied by the Company will remain free from defect in materials or caused by workmanship for a period of 12 months or longer if required by law from the date of delivery.
8.2 Buyers are required to inspect the Goods for the purpose of ascertaining whether or not at the time of delivery they are damaged or defective. Buyers are required to notify the Company as soon as is reasonably practical in the event that the Goods are found on inspection to be defective or damaged. The Company will repair or replace the Goods or refund the price paid for the Goods, at the Company’s option, in the event that it can be established to the Company’s reasonable satisfaction that the Goods are defective or were damaged prior to delivery.
8.3 The Company will aim to deliver the Goods within the time indicated by the Company in the Company’s acceptance of any order for Goods placed, but cannot give an exact delivery date. If the Goods have not been delivered within 30 days of the expected date of delivery, then the Buyer shall have the option to cancel the Contract and the Company will refund any monies paid for the Goods for which such cancellation applies. In respect of other rights regarding refunds, Buyers are referred to the Returns and Refunds section.
8.4 The Company’s liability for defective or damaged Goods shall be limited to repair or refund of the price payable for such Goods as set out within Section 8.2, subject always to such limitation in no way affecting the statutory rights of a Consumer as set out within the Unfair Contract Terms Act 1977; the Sale of Goods to Consumers Regulations 2002; the Consumer Protection Act 1987;
8.5 Notwithstanding any of the provisions set out above, the Company shall not exclude any of the implied terms set out within the Sale of Goods Act 1979 (as amended) and also shall not exclude its liability to any Buyers acting as Consumers:
8.5.1 for personal injury or death resulting from the Company’s negligence;
8.5.2 under Section 2(3) Consumer Protection Act 1987;
8.5.3 for any matter which it would be illegal for the Company to exclude (or to attempt to exclude) its liability; and
8.5.4 for fraud.
9. Force Majeure
The Company will not be liable to the Buyer for any failure or delay or for the consequences of any failure or delay in performance of the Contract, if it is due to any event beyond the reasonable control and contemplation of the Company including, without limitation, acts of God, war, industrial disputes, protests, fire, tempest, explosion, an act of terrorism and national emergencies and the Company will be entitled to a reasonable extension of time for performing such obligations.
10. Miscellaneous Provisions
10.1 Time for performance of all obligations of the Buyer is of the essence. Time for performance of all obligations of the Company is not of the essence.
10.2 The Contract between us shall be governed by the laws of the United Kingdom and any dispute between us will be resolved exclusively in the courts of United Kingdom. English is the only language offered for the conclusion of the contract.
10.3 The Company shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
10.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:
10.4.1 the privacy practices of such websites;
10.4.2 the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or
10.4.3 the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
10.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by The Company .
10.6 The Company reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms and Conditions or any related contract to any third party.
10.7 If any portion of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms and Conditions shall not be affected.
10.8 These Terms and Conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) to these Terms and Conditions.
10.9 No delay or failure by the Company to exercise any powers, rights or remedies under these Terms and Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of The Company .
10.10 These Terms and Conditions including the documents or other sources referred to in these Terms and Conditions supersede all prior representations understandings and agreements between you and the Company relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and the Company for your use of this website
10.11 The Contract contains all the terms which the Company and the Buyer have agreed in relation to the Goods save in respect of where any software is supplied by the Company in which case the terms of the Company’s standard software licence agreement shall also apply. This Contract supersedes any prior written or oral agreements, representations or understandings between the parties relating to such Goods. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.
Electacourse have a policy of continuous improvement. We regularly update our products. Updates are available as a free of charge download to customers who have purchased the same product that has been updated, within the previous six months. Customers who have purchased the product previous to six months and not more than 18 months previous, may be offered the update at a 50% discount off the usual selling price.