TERMS AND CONDITIONS
(these “Terms and Conditions”)
we shall, at our option, repair or replace the defective Products, or refund the cost price of the defective Products in full. In the event that Clause 3.2.2 applies, we shall refund to you the Fees paid by you to us (or issue to you a credit note in respect of any such Fees yet to be paid) in respect of any shortfall of the Products, compared to the Quantity, on a pro rata basis as soon as is reasonably practicable; in the event you require the delivery to you of the shortfall, you must submit to us a new order in respect of such additional products, subject to a separate contract.
whether or not such losses were reasonably foreseeable or we or our agents or contractors had been advised of the possibility of such losses being incurred. For the avoidance of doubt, Clauses 9.4.2 to 9.4.14 (inclusive) of this Clause 9.4 apply whether such losses are direct, indirect, consequential or otherwise.