Terms and conditions for the supply of goods (pro-customer)

PROTECT- CONTRACT
B7-1-2 to reject the Hardware (in whole or in part) and return them to the Supplier at
the Supplier's own risk and expense;
B7-1-3 to require the Supplier to remedy any defect in, repair or replace the rejected
Hardware, or to provide a full refund of the price of the rejected Hardware;
B7-1-4 to refuse to accept any subsequent delivery of the Hardware which the
Supplier attempts to make without any liability to the Supplier;
B7-1-5 to recover from the Supplier any costs incurred by the Customer in obtaining
substitute hardware from a third party; and
B7-1-6 to claim damages for any other costs, loss or expenses incurred by RCUK
or the Customer which are in any way attributable to the Supplier's failure to
carry out its obligations under the Contract.
B7-2 The terms of this Agreement shall apply to any repaired or replacement Hardware
supplied by the Supplier.
B7-3 The Supplier shall indemnify, and shall keep indemnified, the Customer in full and
hold the Customer harmless against all claims, costs, expenses, damages and
losses, whether direct or indirect (including loss of profits, loss of business,
depletion of goodwill and similar losses), including any interest, penalties, and legal
and other professional fees and expenses awarded against or incurred or paid by
the Customer as a result of or in connection with:
B7-3-1 any claim made against RCUK SSC or the Customer for actual or alleged
infringement of a third party's intellectual property rights arising out of, or in
connection with, the manufacture, supply or use of the Hardware, the use or
supply of the Services, to the extent that the claim is attributable to the acts
or omissions of the Supplier, its employees, agents or subcontractors;
B7-3-2 any claim made against RCUK SSC or the Customer by a third party arising
out of, or in connection with, the supply of the Hardware and Services, to the
extent that such claim arises out of the breach, negligent performance or
failure or delay in performance of the Contract by the Supplier, its
employees, agents or subcontractors; and
B7-3-3 any claim made against RCUK or the Customer by a third party for death,
personal injury or damage to property arising out of, or in connection with,
defects in Hardware, to the extent that the defect in the Hardware is
attributable to the acts or omissions of the Supplier, its employees, agents or
subcontractors.
This clause B7-3 shall survive termination or expiry of the Contract.
B7-4 The Customer's rights and remedies under these Conditions are in addition to its
rights and remedies implied by statute and common law.
Contract Number :
13