Frank

Do not apply the rule of law on this but I think someone is pulling
your.......

What you have described appears to be a staightforward sales contract. As
such, you can each apply whatever terms you wish to said contract PROVIDED
that both parties agree and that said terms are not beyond the scope of the
law applicable.

To my knowledge, EU law does not specify contractual consequential
liability. The contract itself may stipulate consequential liability. If you
did not realise this when you entered into the contract - tough cookies,
call your legal beagle. Remember that ignorance is no defence in law.

However, if you are relating this to an insurance contract, then watch the
small print! If you are being asked to indemnify a customer against your
"potentially" faulty manufacture, it is for your insurer to inform you
whether he will or will not accept such a clause and, if yes, what it will
cost you.

IMHO, you cannot be held responsible for consequential losses UNLESS you
said so!

Hope this helps
Regards
Graham Naisbitt
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Web: www.concoat.co.uk
Concoat Ltd
Alasan House, Albany Park
CAMBERLEY GU16 7PH
Tel: +44 (0) 1276 691100
Fax: +44 (0) 1276 691227
  -----Original Message-----
  From: TechNet [mailto:[log in to unmask]]On Behalf Of Frank Davies
  Sent: Thursday, December 21, 2000 01:02
  To: [log in to unmask]
  Subject: [TN] Legal question


  I would like to ask a legal question if possible.
  We are currently updating our insurance and product liability policy and a
legal question has arisen.  We have had an opinion from a customer. That
even in a situation where a pcb manufacturer has a clear statement in their
Terms and Conditions of Sale/Supply, that they will not accept cost
liability for stuffed boards in the event of a product failure, under
European Law the pcb manufacturer is liable for the cost of the stuffed
boards.  Could I ask you to get your Legal Department to give us their views
on this issues.
  Thanks in Advance
  Frank