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The Company's liability if any (whether in contract or in tort and including any liability involving negligence) shall in no circumstances exceed the price actually received by the Company for the goods or services in relation to which such liability shall have arisen provided as follows:
Notwithstanding delivery and the passing of risk in goods delivered to the Customer, or any other provisions of these terms and conditions, legal title in the goods supplied to the Customer by the Company ("Goods") shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Company to the Customer for which payment is then due.
Until such time as title in the Goods pass to the Customer, the Customer shall hold the Goods as the Company's fiduciary agent and bailee and shall keep the Goods separate from those of the Customer and third parties and properly stored protected and insured and identified as the Company's property but the Customer may resell or use the Goods in the ordinary course of business.
Until such time as title in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), the Company may at any time require the Customer to deliver up the Goods to the Company and, if the Customer fails to do so, forthwith, may enter on any premises of the Customer or any third party where the Goods are stored to repossess the Goods.
The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company, but if the Customer does so all monies owing by the Customer to the Company shall (without limiting any other right or remedy of the Company) forthwith become due and payable.
No contract entered into by the customer with the Company and no liability of the Company to transfer or deliver metal to the customer shall be assigned by the customer without the written consent of the Company which the Company may give or withhold in its absolute discretion.
Unless otherwise agreed by the Company in writing, all tools, dies, patterns and other items made by the Company for the execution of the customer's orders shall remain the property of the Company notwithstanding any charge made to the customer in respect thereof.
To the best of the Company's knowledge goods sold to the customer will not infringe any patent, trade mark, registered design or copyright of any third party but the Company shall in no circumstance be liable to the customer in respect of any such infringement.
Unless otherwise agreed in writing, any contract between the Company and the customer shall be governed by English law.