(8.10) If the Buyer fails to take delivery of the Goods within 3 Business Days of the Company notifying the Buyer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Company’s’ failure to comply with its obligations under the Contract, the company may, at its discretion and without limiting any other right or remedy available to the Company:
(8.10.1) store the Goods until actual delivery is permitted by the Buyer and charge the Buyer for the reasonable costs (including insurance) of transportation, storage or suspension; and/or
(8.10.2) sell the Goods at the best price reasonably obtainable and (after deducting all reasonable costs incurred in so doing, including transportation, storage and selling expenses) account to the Buyer for the excess over the price that would have been payable for the goods under the Contract or charge the Buyer for any shortfall below the price that would have been payable under the Contract.
(8.11) The Company may deliver the Goods 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 the Buyer to cancel any other instalment.
(8.12) The Company shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Buyer and Company’s order reference numbers, the type and quantity of the Goods (including manufacturer part numbers), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered. In the event of queries arising at the time of delivery, such queries must be notified in writing to the company within 5 days of delivery date to email@example.com. Failure to comply with this condition will render the invoice payable in full when due.
(12.2.12) (being an individual) the Buyer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.
12.3 Termination of the Contract, 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.
26.2 Compliance with Laws, including Anti-Corruption Laws. In connection with the resale or distribution of Excess Used Products or otherwise in carrying out its obligations under this Agreement, Buyer represents and warrants the following: Buyer will comply with all country, federal, state and local laws, ordinances, codes regulations, rules, policies, licensing requirements, regulations and procedures, including, without limitation, such laws and regulations related to recycling or take-back programs for packaging, resale or use of Excess Used Products, the use of Excess Used Products under telecommunications laws/regulations, the export or reexport of Products and Technology, and all applicable money laundering and anti-corruption laws, including the U.S. Foreign Corrupt Practices Act (“FCPA”) (collectively, the “Applicable Laws”). Buyer shall not take any action, fail to take any action, or permit or authorize any action, which may render Seller liable for a violation of Applicable Laws. Upon request, Buyer will require that its own subcontractors, consultants, agents or representatives execute a written FCPA Compliance Statement containing substantially similar representations as are contained in this section. Buyer shall use its best efforts to regularly inform Seller of any requirements under any Applicable Laws that directly or indirectly affect this Agreement.