12.1 The Company shall have no Liability:
12.1.1 to the extent that such Liability has been caused or contributed to by the Customer;
12.1.2 where the Company is unable to perform its obligations pursuant to the Contract by reason of the Company being unable (for whatever reason) to use Materials supplied by the Customer.
12.2 The Company shall have no Liability to the Customer if the price for the Products and/or the Services has not been paid in full by the due date for payment.
12.3 The Company shall have no Liability for damage, loss, liability, claims, costs or expenses caused or contributed to by the Customer’s continued use of defective Products and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.
12.4 The Customer must give the Company a reasonable opportunity to remedy any matter for which the Company is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so the Company shall have no Liability to the Customer for that matter.
12.5 The Customer shall produce to the Company written evidence of
any claims for which it is alleged that the Company is liable together with written details of how the loss was caused by the Company and the steps the Customer has taken to mitigate the loss before the Company shall have any Liability for the claim by the Customer.
12.6 The Company shall have no Liability to the Customer to the extent that the Customer is covered by any policy of insurance and the Customer shall ensure that the Customer’s insurers waive all rights of subrogation against the Company.
12.7 The Company shall have no Liability for any delay in performance of this Contract to the extent that such delay is due to any event(s) outside the Company’s reasonable control (including acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions, accident, theft and any other similar events). If the Company is affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.