44.Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
45.Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
46.If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
47.Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
48.We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:
a.any indirect, special or consequential loss, damage, costs, or expenses; and/or
b.any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
c.any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
d.any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
e.any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
49.The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.