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Last updated: March 2026
The Purchaser should read through these Conditions carefully. Your attention is in particular drawn to the provisions of clauses 1 (Application and Definitions), 2 (Offers, price lists and orders), 3.b (Price increase), 4 (Payment terms) including 4.3 (Retention of title), 7 (Liability) and 11 (Applicable law and jurisdictions).
The present general conditions (“Conditions”) shall apply to all orders placed by Purchaser with Supplier, unless otherwise agreed in writing. Any order from Purchaser will automatically imply the Purchaser’s acceptance of these Conditions, notwithstanding any provisions to the contrary that might appear in any documents provided by Purchaser, including in particular its general purchasing conditions, regardless of when they may have been sent to Supplier. Any conditions that deviate from these Conditions are only binding on Supplier if they have been accepted in writing by Supplier. If there is a contradiction between the deviating conditions agreed by Supplier and Purchaser and these Conditions, the deviating conditions shall prevail if they have been specifically accepted by Supplier. Depending on which legal entity acts as Supplier or on which laws are applicable to the Conditions, the terms and conditions of clause 12 supersede the contradictory general terms set out, if applicable, in clauses 1 through 11. Supplier and Purchaser will also be referred to as the “Party” and/or the “Parties” as necessary.
- CMR Documents: the documents related to the UN Convention on the Contract for the International Carriage of Goods by Road of Geneva of May 19, 1956.
- Contract: the contract between Purchaser and Supplier for the sale and purchase of Products in accordance with these Conditions.
- GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
- POD Documents: proof of delivery documents, carrier documents attached to Products at Delivery.
- PPE Regulation: Regulation (EU) 2016/425 of the European Parliament and the Council of 9 March 2016 on Personal Protective Equipment.
- Products: Products of Supplier, ordered by Purchaser and delivered and invoiced by Supplier.
- Purchaser: the purchaser, placing (directly or indirectly) an order with Supplier, and to be invoiced directly by Supplier.
- Supplier: any of the following legal entities: Comasec SAS, Ansell Healthcare Europe NV, Ansell SA, Ansell GmbH, Ansell (U.K) Limited, Ansell Italy S.r.l.
- Working Day: day not being a Saturday, a Sunday or a Bank Holiday in the country of the registered address of the Supplier.
2.1. General offers and price lists are submitted for information purposes only and are not binding on Supplier.
2.2. All orders are subject to Supplier’s approval, including the Minimum Order Value policy. A Contract is not concluded until the order is accepted in writing by Supplier. Supplier reserves the right to refuse certain orders or propose longer delivery lead times. In case of acceptance of the order, the Supplier shall provide Purchaser with an order acknowledgment at the latest three (3) Working Days after receipt of the order (“”). Failing written agreement from Supplier to the contrary, orders, after having been accepted by Supplier, may not be cancelled by Purchaser.
2.3. The offers, price lists and proposals are information that may only be used with the express written authorisation of Supplier. The information remains the sole property of Supplier. Offers are only valid for 30 calendar days.
2.4. By reselling Supplier’s products, the Purchaser shall respect any applicable law in terms of sale at a loss and/or dumping prices.
2.5. For operational efficiency and to ensure optimal packaging, certain products may only be shipped in full carton quantities in case of standard order. If a Purchaser places an order for a quantity of any such product that does not meet a full carton quantity, Ansell reserves the right to automatically adjust the ordered quantity to the nearest full carton. The Purchaser acknowledges and agrees that this adjustment may increase the total quantity and value of the applicable products. Information regarding full carton quantities is available upon request or as communicated in product specifications.
a) Prices are exclusive of any applicable value added or any other sales tax, which are the liability of Purchaser. Except otherwise agreed in writing and except with respect to pallets, the packaging material required for transport purposes is not included in the purchase price and shall be charged separately. This shall also apply to the provision of boxes or other containers. For pallets, see as follows. Except to the extent that the underlying order provides otherwise, the pallets on which the Products are supplied will remain the sole property of Supplier or Supplier’s contractors. Pallets must be returned to the Supplier’s warehouse or made available for collection by the Supplier at the delivery location, at the Supplier’s discretion. Such return or availability for pick-up shall be at the Purchaser’s expense and within the timeframe specified by the Supplier following delivery of the Products. In the event that the Purchaser fails, for any reason whatsoever, to return or make the pallets available for collection within the aforementioned period, the Supplier shall be entitled to charge the Purchaser a fee of EUR 1 per pallet. In such case, the Purchaser shall be deemed to have purchased the pallets at the stated rate. The applicable fee shall be payable in accordance with the payment terms set forth in these Conditions.
b) Supplier shall have the right to increase the prices at any moment by giving a written notice to Purchaser which shall include a valid reason for such price increase. The notice can be forwarded by the Supplier at its own discretion by registered mail, by mail against receipt, by email or by fax. The new price list will become effective for all invoices issued 30 calendar days after the price increase notice was sent by Supplier. Between the date of communication of the price increase notice, and the date the new prices become applicable, Supplier shall not be obliged to accept orders that exceed the average, in such a same period of days, +10% of the quantities invoices by Supplier to Purchaser during the last 12 months.
c) All payments hereunder shall be made in the currency indicated on each invoice. Supplier’s employees are not entitled to collect payments.
d) Pricing at the time of order entry shall be determined by the prices then in effect and recorded in our system.
5.1 Except otherwise agreed in writing, the delivery of the Products shall always take place, and the risk shall pass to Purchaser, under the Incoterms defined in the invoice (Incoterms 2020) (“Delivery”). If the Payment Terms are prepayment or equivalent to prepayment, any extra cost (such as warehousing costs, demurrage costs or container rerouting costs) incurred by Supplier due to Purchaser payment delays after the production of the order will be charged to Purchaser. Supplier may deliver the Products by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle Purchaser to cancel any other instalment.
5.2. Delivery deadlines are only given for information purposes and not-binding. If the Payment Terms are prepayment or equivalent to prepayment, the delivery deadlines are subject to reception of the prepayment by Supplier. In the event of delay of delivery, for whatever reason, Purchaser shall not be entitled to claim any compensation whatsoever, to cancel the order or to terminate the Contract. Supplier shall take reasonable action in order to respect the time of delivery stated in the Order Acknowledgment.
6.1. Complaints concerning transport damages and obvious defects shall be notified to Supplier on the POD Documents and/or the CMR Documents. Failing such notification, the goods shall be considered irrevocably accepted and any claims for transport damages and obvious defects irrevocably waived. Complaints concerning order entry discrepancies and delivered quantities not visible at the time of the Delivery shall be notified to Supplier by email within 48 hours of Delivery. Failing such notification, the Products shall be considered irrevocably accepted and any claims for order entry discrepancies and delivered quantities irrevocably waived.
6.2. The delivery control by the Supplier shall not in any way release the Purchaser from its obligation to examine the Products at Delivery.
6.3. The Supplier guarantees against material hidden/latent defects. Except otherwise defined in an expiry date (when an expiry date is mentioned on the packaging of the Products), such guarantee starts at Delivery and expires one (1) year after Delivery. Latent defect guarantee is subject to the reservations stated in the Conditions, including, without limitation, those set out in Clauses 6.5, 6.6 and 7.1. Complaints regarding latent defects must be notified at the earliest opportunity and no later than five (5) calendar days of the discovery of the defect. However, if Purchaser receives any complaint regarding a patient or user injury or possible injury, the complaint must be reported immediately (the same day) to Supplier.
6.4. All return of Products shall take place with the previous written approval of Supplier’s Customer Service only. Products that are damaged or have been removed from their original packaging and/or have a remaining shelf life of less than six (6) months from the date of return shall not be accepted. Except otherwise agreed in writing by Supplier, return of Products is at Purchaser’s cost and risk.
6.5. Upon delivery of the Products, Purchaser guarantees that the Products are properly packed, stored under right environmental conditions, and stored under such conditions that the Products consignments can be easily identified and determined, and ensures that the Products and their properties are safe and not damaged. Purchaser’s storage and transport conditions shall not jeopardise Products conformity with the applicable essential health and safety requirements as set out in Annex II of the PPE Regulation. Purchaser must not alter or tamper with the Products packaging except if otherwise agreed upon writing. If the Purchaser decides to alter the Products Packaging (e.g. sell it in smaller commercial packaging quantities) it is Purchaser’s responsibility to be compliant with the PPE Regulations (e.g. Instructions For Use shall be added with the smaller packaging) and any other law or regulation applicable to the marketing, sale or delivery of the Products and Purchaser will indemnify and hold harmless Supplier from and against any claims resulting from non-compliance with the same. In no event must Purchaser re-package any Products or redistribute any Products, which have been returned to Purchaser by its customers. Burden of proof of respect of Clause 6.5 rests with Purchaser.
6.6. Purchaser will not instigate any recall or take any other corrective actions without the permission of Supplier. In the case of a recall or corrective actions instigated by the Supplier or the authorities, Purchaser will provide assistance to Supplier in ensuring that the recall or corrective action is as successful as possible. Purchaser shall respect all applicable laws and regulations in terms of lot traceability and shall, as a minimum, at all times keep records, including batch numbers, of where and when lots were shipped to.
6.7. Except otherwise agreed in writing, the Purchaser has no right to stock cleansing.
6.8 Purchaser shall comply with its obligations as a "distributor" under the PPE Regulation.
6.9. Upon request by any European competent national authority, Supplier shall make available all information and documentation to demonstrate conformity of Supplier’s PPE product according the PPE Regulation.
6.10. In the event Purchaser receives any inquiries from any authority or any third party regarding the conformity of the Products with applicable law (including, but not limited to, the PPE Regulation), it will immediately, and at the latest on the first Working Day following receipt thereof, inform Supplier. Purchaser will not make any statements to any authority or third party regarding the conformity of the Products with applicable law (whether verbally or in writing) that have not been prior approved by Supplier.
6.11. Purchaser guarantees that it has, shall maintain at all relevant times, all licences, approvals, notifications, registrations, authorizations, certifications and other regulatory consents required to carry out its activities in relation to the sale or use of the Products (as the case may be).
7.1. To the fullest extent permitted by applicable law, Supplier is not responsible for damage resulting from inappropriate use, inappropriate storage, fair wear and tear, defective or careless handling or use of inappropriate operating means. Supplier’s obligations shall also not apply to nor include any Products which were subject to accident, alteration, abuse or misuse. Nothing in the Conditions should be construed as a warranty of merchantability or that the Products are fit for a particular purpose. Supplier assumes no responsibility for the suitability or adequacy of the end user’s selection of Products for a specific application. Supplier’s liability to Purchaser for any claim relating to Products shall be limited to repair, replacement, reprocess or refund of the purchase price, at Supplier’s option, and this shall be Purchaser’s sole remedy. Under no circumstances shall Supplier be liable for indirect, consequential, incidental or special damages (including, without limitation, loss of business profits, loss of goodwill, cost of capital, costs incurred in connection with substitute sources of supply, missed opportunities, envisaged costs savings, business interruption, loss of opportunity, loss of turnover, loss of savings, loss of clientele, loss of reputation, loss of data). The above shall not exclude Supplier’s liability for gross negligence and wilful misconduct (including that of its employees, representatives or agents), death or personal injury, any non-performance of the essential obligations that are the object of the contract except in case of force majeure, and any other liability that may not be limited or excluded by law.
7.2. Purchaser shall indemnify and hold Supplier harmless against any claim which may be brought against Supplier by any third parties which may arise, directly or indirectly, out of the loss or damage, for which Supplier is not responsible in accordance with the following: Supplier is not responsible for loss or damage which is caused by the Products (i) to any kind of property if the loss or damage occurs while the Products are in the possession of the Purchaser; or (ii) to products manufactured by the Purchaser or to products in which the products of the Purchaser are a part, or loss or damage to any kind of property caused by such products.
8.1. Sale of the goods to Purchaser does not include transfer of Supplier’s intellectual property rights of any kind. Purchaser shall respect the intellectual property rights of Supplier, including, without limitation, the trademarks, patents, copyrights and author's rights. Any use of the intellectual property rights of Supplier is subject to Supplier’s express previous written approval in a separate specific license agreement to be entered into between Supplier and Purchaser.
8.2. The Parties shall not disclose directly or indirectly any of the other Party’s trade secrets or other confidential information to any third party or use any of the information and documentation acquired while performing the commercial relationship for other purposes than the performance in good faith of the commercial relationship between the Parties.
8.3. Neither Party will make any press release or other public announcement regarding their relationship without the other Party's express prior written consent, except as required under applicable law, in which case the Party required to make the press release or public disclosure shall use all reasonable efforts to obtain the prior approval/information of the other Party as to the form, nature and extent of the communication.
9.1 Each of the Parties reserves the right, whenever and for whatever reason, to withdraw immediately and unilaterally from selling or purchasing, as the case may arise, any Product or advertisement relating to such Product without compensation whatsoever.
9.2 Supplier or Purchaser as applicable can terminate the Contract (or any part of it) at any moment by giving the other party a written notice of at least three months.
9.3 Supplier or Purchaser as applicable is also entitled to terminate, in full or in part, the Contract or the delivery with immediate effect and without any compensation whatsoever, without prejudice to all its rights, and without prior intervention by a court or arbitral tribunal being required, in the following cases:
9.3.1 a failure by Purchaser or Supplier as applicable to fulfil his obligations, obligations being defined in the Conditions, or in the annexe(s) to the Conditions, if any;
9.3.2 bankruptcy suspension of payment, filing for a court-ordered settlement or extension of due date or deferment or any similar petition with the commercial courts;
9.3.3 complete or partial cessation of activity, voluntary or court-ordered winding up, or any situation of insolvency of Purchaser;
9.3.4 any seizure of Purchaser’s or Supplier's assets, rights and claims or in the event of a contested bill of exchange;
9.3.5 change of control in the affairs of Purchaser or Supplier as applicable;
9.3.6 the occurrence of any event for reasons beyond Supplier’s or Purchaser's control that makes the execution of Purchaser’s or Supplier's obligations more difficult or impossible.
9.4 Termination of the Contract (or any part of it), however arising, shall not affect any of the Parties' rights and remedies that have accrued as at termination. Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
10.1. Force majeure: Neither Party shall have any liability or be deemed to be in breach of these Conditions for any delays or failures in performance of the Contract, other than obligations to pay money, which result from circumstances beyond the reasonable control of that Party such as fire, war, general mobilisation, requisition, seizure, international sanctions or embargo, pandemics, insurrection and civil commotion, shortage of transport, general shortage of materials, restrictions in the use of power and defects or delays in deliveries by sub-contractors caused by any such circumstance referred to in this Clause 10.1. The Party affected by such circumstances shall promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than 3 months, either Party may terminate this agreement by written notice to the other Party, with no liability.
10.2. Waiver: If either Party should at any time waive its rights due to breach or default by the other Party of any provisions of the Contract, such waiver shall not be construed as a continuing waiver regarding other breaches or defaults of the same or other provisions of the Contract.
10.3. Severability: If due to a change in any applicable law or due to a decision or other act by any competent authority one or more provisions of the Contract can no longer be enforced or an amendment of one or more of the provisions of the Contract is required, the Parties agree that they shall endeavour to find an alternate solution approaching as near as possible the contractual situation existing prior to such change, decision or act. If such solution is not found within six (6) months from the Parties have learned about such change, decision or act, either Party may refer the issue to courts in accordance with Clause 11.
10.4. Independency: The Parties are independent contractors and no Party is the other Party’s legal representative, employee or agent.
10.5 Assignment and subcontracting: Supplier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract. The Purchaser may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of Supplier.
10.6 Notices: Any notice or other communication given to a Party under or in connection with the Contract shall be in writing, addressed to that Party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that Party may have specified to the other Party in writing in accordance with this Condition, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier, fax or e-mail. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to above; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Working Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one Working Day after transmission. The provisions of this Clause shall not apply to the service of any proceedings or other documents in any legal action.
10.7 Third party rights: A person who is not a party to the Contract shall not have any rights under or in connection with it.
10.8 Private Label: If Products are produced by Supplier for the Purchaser under Purchaser’s Private Label, the Purchaser shall become the "manufacturer" as set forth into article 12 of the PPE Regulation and assume all obligations of the "manufacturer" under the PPE Regulation, unless otherwise agreed in writing.
10.9 Data Protection: Supplier may collect and process as data controller (1) personal data Purchaser knowingly provides to Supplier, and (2) any personal data in connection with the supply of the Products, as necessary for the performance of the Contract, for compliance with Supplier's legal obligations and for Supplier's legitimate interests (including in managing the business relationship with Purchaser). Purchaser or any other natural persons whose personal data Supplier collects and processes in connection with the Contract may exercise their data subjects’ rights by contacting Supplier as further detailed in Supplier’s Privacy Notice as attached hereto. Supplier may also process general information concerning users or Product use that does not include personal data. Personal data collected by Supplier may be transferred to Supplier Affiliates, which are member companies of the global Supplier organization, where necessary to meet the purpose for which Purchaser has submitted the information and in accordance with the requirements of Chapter V of the GDPR. By submitting personal data to Supplier, except if required by law, Supplier will not pass on Purchaser personal data to any third party without Purchaser’s prior consent. Please refer to Supplier’s Privacy Notice as attached hereto for further information about Supplier’s processing of personal data. Supplier may collect aggregate statistics about customers, sales and products to be disclosed to Supplier’s third-party partners. These statistics, however, will not contain any information about Purchaser and/or end-users from which Purchaser and/or end-users could be identified. Supplier and Purchaser shall process personal data in accordance with their respective obligations under applicable data protection legislation, whether acting as data controller and/or processor. If and when either Party is to process personal data on behalf of the other Party, as processor, in relation to the Contract or these Conditions, the Parties shall enter into a separate data processing agreement in accordance with applicable data protection laws, in particular Article 28 of the GDPR, which will be an annex and inseparable part of the Contract. Should it happen that the Parties would process personal data as joint data controllers in connection with or in the context of the Contract or these Conditions, the Parties shall enter into a separate joint controllership arrangement, as the case may be, as required under applicable data protection laws, in particular Article 26 of the GDPR, which will be an Annex and inseparable part of the Contract.
10.10 Regulatory Compliance: The Purchaser acknowledges that the Products sold may be subject to applicable medical device laws and regulations, including but not limited to regulatory requirements of the European Union (Regulation (EU) 2017/745) or other relevant jurisdictions. The Purchaser agrees to use, distribute, or resell the Products in full compliance with all applicable laws and regulations.
10.11 Exclusion of Hardship: The Parties expressly agree that the provisions of hardship under applicable law shall not apply to these Conditions, including any right to request contract renegotiation, adaptation, or termination on the grounds of unforeseeable events that fundamentally alter the equilibrium of the contract, shall not apply. Each Party assumes the risk of changes in circumstances, including but not limited to economic, financial, or market conditions, and hereby waives any right to invoke hardship to seek amendment or termination of this Agreement.
11.1. The law applicable to the Contract and these Conditions (including all contractual, non-contractual and/or precontractual matters arising out of or in connection therewith) is that of the country of Supplier ("Country"). Application of the Vienna Convention on the International Sale of Goods of April 11, 1980 is excluded. Purchaser shall respect the applicable laws. The courts of the capital of the Country have exclusive jurisdiction to settle any dispute arising from contractual relationships between Supplier and Purchaser (including all contractual, non-contractual and/or precontractual matters arising out of or in connection therewith). The Purchaser hereby acknowledges and agrees that the Products and/or confidential information may be subject to applicable export control and trade sanctions laws, regulations, rules and licences, including without limit those of the U.S., the E.U. and the Country ("Export Control and Sanctions Rules"). Purchaser shall comply with the Export Control and Sanctions Rules and agrees that it alone is responsible for ensuring its compliance with Export Control and Sanctions Rules. In particular, but without limit, the Purchaser will not, and will procure that none of its affiliates will, use, sell, resell, export, re-export, dispose of, disclose or otherwise deal with the Products and/or confidential information, directly or indirectly, to any country, destination or person without first obtaining any required export licence or other governmental approval, and completing such formalities as may be required by Export Control and Sanctions Rules. Purchaser shall not do anything which would cause Supplier to be in breach of the Export Control and Sanctions Rules and shall protect, indemnify and hold harmless Supplier from any fines, losses and liabilities incurred by Supplier as a result of the failure of Purchaser to comply with this Clause 11. Failure by Purchaser to comply with any part of this Clause 11 shall constitute a material breach of this Contract. Supplier reserves the right to refuse to enter into or to perform any order, to cancel any order at its sole discretion if Supplier believes Purchaser has failed to comply with any part of this Clause 11. Purchaser recognizes and accepts that the laws of countries outside the Country including but not limited to, the EU and US Export Administration Regulations, EU and US International Traffic in Arms Regulations, EU and US Foreign Corrupt Practices Acts, and the UK Corrupt Practices Act (including, without limitation, the UK Bribery Act 2010), may apply to the activities that are subject of the Contract. Purchaser agrees to comply with all applicable laws, and to notify Supplier immediately of any non-compliance with said laws. Compliance herewith is material to the performance of the Contract.
11.2. Depending on which legal entity acted as Supplier or on which laws are applicable to the Conditions, the following terms and conditions of Conditions 12 supersede the contradictory general terms set out, if applicable, in articles 1 through 11 of the Conditions:
11.2.1 When the laws of France are applicable:
Orders: Orders must include the following: (i) Order number; (ii) product reference(s) / description(s) / quantity(ies); (iii) billing and delivery addresses; and (iv) preferred delivery date. Supplier does not bear any responsibility for a delivery error caused by a mistake in the drafting of Purchaser’s order.
Payment: Supplier invoices are payable according to the ‘Loi de Modernisation Economique’. No discount is given for early payment.
Ownership: in accordance with the law, the seller remains the owner of the goods until the invoice has been paid in full by the Purchaser.
Late payment: Any invoice not settled within the deadline agreed may result in late payment penalties calculated at a rate of 3 times the legal interest rate (in accordance with article 441-6 of the Commercial Code). Any costs incurred recovering debts will be charged to Purchaser, with a minimum total of 40 Euros. Purchaser will have to pay any additional costs involved in recovering the debt, on presentation of supporting documents.
Waiver of Specific Provisions: Purchaser waives the application of the provisions of Article 1223 of the Civil Code. Purchaser waives the application of the provisions of Article 1226 of the Civil Code.
Annual variation clause: In accordance with the balance of the agreement between the parties, the prices will be updated each contractual year, coming into effect on 1 January or 1 July each year, as the Supplier prefers. The Supplier will inform the Purchaser of this change at least 1 month before the new pricing terms come into effect. If there is a disagreement about these changes on this date, the Contract will be terminated at the end of the current year. Variation during the contract clause. The Supplier reserves the right to change its pricing terms during the year to take into account fluctuations in the price of raw materials, the exchange rate, salary costs or any other elements affecting the cost of the products. The parties will meet to negotiate the new pricing terms. If there is a disagreement about these changes, the Contract will be terminated 1 month after negotiations have come to an end.
11.2.2. When the laws of Italy are applicable:
Condition 9.3.2 is not applicable. In case of bankruptcy, suspension of payment, filing for a court-ordered settlement or extension of due date or deferment of any similar petition with commercial courts, the rights of Supplier shall be enforced as stated in Section 71 of Italian Bankruptcy Law R.D. 16 March 1942 n. 267. Supplier confirms that any personal data of Purchaser which is given to it by Purchaser or otherwise come to the knowledge of it in the performance of the Contract, shall be used, stored and processed in compliance with the terms of the Legislative Decree no. 196/2003.
11.2.3. When the laws of England and Wales are applicable:
In addition to Conditions 7.1 and 7.2: Liability: The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. Nothing in these Conditions shall limit or exclude Supplier's liability for: (i) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by section 12 of the Sale of Goods Act 1979; (iv) defective products under the Consumer Protection Act 1987; or (v) any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability. Subject to the above and Condition 7.1, Supplier's total liability to Purchaser in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.