Terms & Conditions

465 any other contract for the sale and purchase of goods or services between the Buyer and Mila. Mila may also suspend deliveries while investigating any claim relating to prior deliveries (under any contract) of goods. 15. FORCE MAJEURE Mila shall be under no liability for any failure to perform any of its obligations under the contract if and to the extent that the failure is caused by a Force Majeure Event. A Force Majeure Event includes but is not limited to, an act of God, terrorism, war, riot, extreme adverse weather conditions, fires, governmental restriction, condition or control or by reason of any act done or not done pursuant to a trade dispute, shortages of labour or materials or breakdown of machinery or any other matter (whether or not similar to the foregoing) outside the control of Mila. 16. ATTENDANCE ON SITE If Mila attends, or arranges for an attendance to be made, at the Buyer’s premises or the premises of any third party for any reason connected with the contract, the Buyer shall indemnify Mila in respect of all claims made or proceedings taken against Mila (and associated legal costs incurred by Mila) by any person, firm or company, including employees of Mila, or of the Buyer or of any contractor employed by the Buyer (or their personal representatives), whether in respect of death, personal injury or damage to property arising directly or indirectly from the attendance at such premises. 17.CONSUMER PROTECTION ACT 1987 (THE “ACT”) 17.1 In circumstances in which Mila supplies goods to the Buyer for incorporation with, or use ancillary to, any composite or other products to be produced, manufactured, processed or supplied by the Buyer or a third party then:- 17.1.1 the Buyer shall immediately on demand produce for inspection by Mila copies of all written instructions, information and warnings to be supplied by the Buyer in relation to the composite or other products, provided that such inspection or right to inspect shall not of itself constitute acceptance or approval on the part of Mila of such instructions, information or warnings; and 17.1.2 the Buyer shall indemnify, reimburse and compensate Mila for all losses and damages (including costs, expenses and charges for legal actions in which Mila may be involved) which Mila may incur, or have to bear, if any claim or claims shall be made against Mila, pursuant to the Act or otherwise, relating to the composite or other products in circumstances in which the goods supplied by Mila are either (i) not the defective part of the composite or other product, or (ii) are only rendered the defective part or became a defective product by reason of acts or omissions of the Buyer or a third party (including without limitation the supply of defective free issue materials), or (iii) are only rendered the defective part or became a defective product by reason of instructions or warnings given by the Buyer or other supplier of the composite or other products or (iv) are supplied in accordance with a specification or drawings furnished by, or on behalf of, the Buyer. 17.2 For the purposes of Condition 17.1 only, the word “defective” shall be interpreted in Terms & Conditions of Sale Continued