12. REMEDIES

Without prejudice to any other right or remedy which the Company may have, if any Goods are not supplied in accordance with, or the Seller fails to comply with, any of the terms of the Contract or on a revised date as may have been advised by the Company following the granting of a period of grace the Company shall be entitled to avail itself of any one or more of the following remedies at its discretion, whether or not any part of the Goods have been accepted by the Company:

(i) to rescind the Purchase Order;

(ii) to reject the Goods (in whole or in part) and return them to the Seller at the risk and cost of the Seller on the basis that a full refund for the Goods so returned shall be paid forthwith by the Seller;

(iii) at the Company's option to give the Seller the opportunity at the Seller's expense either to remedy any defect in the Goods or to supply replacement Goods and carry out any other necessary work to ensure that the terms of the Contract are fulfilled;

(iv) to refuse to accept any further deliveries/provision of the Goods but without any liability to the Seller;

(v) to procure supplies from a third party at the Company’s choice, until the Seller remedies the breach, with all extra costs incurred by the Company in respect thereof being borne by the Seller; and

(vi) to claim such damages as may have been sustained in consequence of the Seller's breach or breaches of the Contract.


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