7. Risk and property of the Product
7.1 Risk of damage to or loss of the Product shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Product, the time when Seller has tendered delivery of the Product.
7.2 Notwithstanding delivery and the passing of risk in the Product or any other provision of these Conditions the property in the Product shall not pass to the Customer until Nekoolerhas received in cash or cleared funds payment in full of the price of the Product and all other Product agreed to be sold by Seller to the Customer for which payment is then due.
8. Limitation of Liability
8.1 Sole remedied of Customer: The remedies set out in Return policy are the Customer’s sole and exclusive remedies for non-conformity of or defects in the Products.
8.2 Maximum Liability: Notwithstanding any other provision of these Terms & Conditions of Sale, Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of Products under each Customer Contract, will not exceed the sums that you have paid to Seller under such Customer Contract.
8.3 Exclusion of liability: Nekooler Indemnities shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(i) Amounts due from other users of the Platform in connection with the purchase of any Product; and
(ii) The sale of the Products to you, or resale by you; and
(iii) Any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal, storage and or working conditions, alteration or modification of the Products or failure to comply with the seller’s instructions (Whether oral or written).