Standard Terms and Conditions for the Supply of Samples
The Customer’s attention is particularly drawn to the exclusions and limitations of liability at condition 4.
1. DEFINITIONS AND INTERPRETATION
In these Conditions:
1.1 the following words and expressions have the following meanings unless the context otherwise requires:
“Conditions” these standard terms and conditions of supply, as varied from time to time
“Customer” the person named as the customer in the Order
“Customer Formulation” a Supplier Product mixed with base ingredient(s) of the Customer’s choice
“Liability” liability arising out of or in connection with the supply of the Supplier Product or Customer Formulation, whether in contract, tort, misrepresentation, restitution, under statute or otherwise, including any liability arising from a breach of, and/or any defect in the Supplier Product or the Customer Formulation, in each case howsoever caused including if caused by negligence
“Order” the Customer’s order for the supply of a sample or samples by the Supplier, whether placed via the Supplier’s on-line ordering facility accessed via the Supplier’s website at www.crodapersonalcare.com, over the telephone through the Supplier’s sales team, or face to face with a sales representative.
“Supplier” Croda International plc (registered number 00105132) whose registered office is at Cowick Hall, Snaith, Goole, East Yorkshire DN14 9AA
“Supplier Product” a cosmetic ingredient manufactured by the Supplier which may or may not be in the Supplier’s own generic formulation
1.2 all headings are for ease of reference only and will not affect the construction or interpretation of these Conditions;
1.3 any words following the words “include”, “includes”, “including”, “in particular” or any similar words or expressions will be construed without limitation and accordingly will not limit the meaning of the words preceding them.
2. THE SAMPLE
The Supplier will provide the Customer with a sample as specified in the Order. The sample may consist of a Supplier Product and/or a Customer Formulation.
3.1 The information concerning the possible use of a Supplier Product or a Customer Formulation whether given by the Supplier in literature, publications or in response to a specific query is believed to be accurate and is given in good faith, but no representation or warranty as to such possible use or the accuracy or completeness of the information shall be implied whether by statute or otherwise and shall be excluded to the extent permitted by law.
4. EXCLUSION AND LIMITATION OF LIABILITY
4.1 Subject to Condition 4.3, where the Supplier supplies a sample of a Supplier Product to the Customer:
4.1.1 the Supplier Product is being provided as a sample for testing and development work under suitable controlled conditions under expert supervision;
4.1.2 the Supplier Product is not intended for use by consumers;
4.1.3 the Supplier does not accept Liability for use or misuse of Supplier Product;
4.1.4 the stability and nature of the Supplier Product may be altered when used in combination with other materials;
4.1.5 the handling and use of the Supplier Product are beyond the control of the Supplier, therefore the Supplier shall not be liable in contract, tort, breach of statutory or other duty or otherwise for any loss or damage incurred through the testing, use or handling of the product.
4.2 Subject to Condition 4.3, where the Supplier supplies a sample of a Customer Formulation to the Customer:
4.2.1 the Customer Formulation is being provided as a sample for testing and development work under suitable controlled conditions under expert supervision;
4.2.2 the Customer Formulation is not intended for unsupervised use by consumers (including the supply of any packaging, labelling and any instructions for use);
4.2.3 the Supplier has not tested the Customer Formulation and the Customer is responsible for full scale testing, product trials and Finished Products performance, challenge and stability testing before use of the Customer Formulation;
4.2.4 the Supplier does not accept Liability for use or misuse of the Customer Formulation;
4.2.5 it is the Customer’s responsibility to obtain the relevant health, safety and environmental information concerning the product to ensure they are aware of the safety hazard information;
4.2.6 the Customer is solely responsible for compliance with all laws and regulations applying to the use of the Customer Formulation;
4.2.7 the handling and use of the Customer Formulation are beyond the control of the Supplier, therefore the Supplier shall not be liable in contract, tort, breach of statutory or other duty or otherwise for any loss or damage incurred through the testing, use or handling of the product.
4.3 Nothing in these Terms and Conditions will operate to exclude or restrict any Liability of a party:
4.3.1 that cannot be excluded or restricted in respect of death or personal injury resulting from negligence by operation of Section 2(1) Unfair Contract Terms Act 1977;
4.3.2 for its fraud or fraudulent misrepresentation or fraud or fraudulent misrepresentation by a person for whom it is vicariously liable;
4.3.3 for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, its liability.
The Customer indemnifies the Supplier in respect of any loss or damaged suffered (whether direct or indirect) by the Supplier as a result of the sale, distribution, importation, mixing or combining of the Supplier Products with any other product, formulation or ingredient.