11. Liability
11.1. Subject to clause 12.3, SIRS shall not be liable (whether arising in tort (including negligence), contract or breach of any duty or otherwise) for any of the following: (a) indirect or consequential loss or damage; (b) loss of revenue; (c) loss of profits; (d) loss of productivity; (e) loss of production; (f) loss of business or expected future business; (g) economic loss; or (h) damage to reputation or goodwill.
11.2. If, notwithstanding any other provisions in these terms and conditions, any liability attaches to SIRS, SIRS’s liability to the Customer arising out of or in connection with these terms and conditions or any order whether in contract, tort or otherwise shall be limited in the aggregate to £10,000 or the total value of the order, whichever is greater.
11.3. Nothing in these terms and conditions (including without limitation this clause 12) shall exclude or limit the liability of SIRS for death or personal injury caused by the negligence of SIRS or its employees, agents or sub-contractors, or for fraud or anything else which cannot by law be limited or excluded.
12. No fault Cancellations and Returns
12.1. SIRS may, at its discretion and in writing, allow an order to be cancelled where there is no fault with the product subject to SIRS recovering from the Customer the costs incurred by SIRS, and subject to the processing charge provided for in this clause 13.
In the event of cancellation of part of any order only, SIRS may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.
12.2. For Customers other than Consumers, a processing charge may apply in respect of all products returned other than due to defects covered by the warranty at clause 10.
Customers may only return products to SIRS, and receive a credit or refund or replacement on the following conditions:
The Customer should contact SIRS to obtain a returns number (to be quoted on all relevant paperwork)
SIRS shall not accept product returns for fully functional parts. Once released SIRS’ products are no longer considered ‘New’ and cannot be returned.