12. Performance | Performance | Free Courier T&Cs | musicMagpie

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The Company shall be temporarily relieved of its obligation to perform the Contract to the extent that performance is delayed by fire, severe weather conditions, industrial dispute, labour disturbance, delay by any government or public or local authority, and other causes beyond the reasonable control of the Company (a “force majeure event) and for the avoidance of any doubt the Company’s charges shall be payable in full in such circumstances.

Where the Company, at its discretion, is prevented from performing the Contract due to a force majeure event and it returns the Parcel to the Customer its liability shall be limited to the price paid for the Contract and where it is unable to return the Parcel because of the particular circumstances of the force majeure event its liability shall be limited in accordance with Clause 10, without prejudice to the Company’s rights at common law to treat the Contract as frustrated.

The Company may at its sole discretion and without notice withdraw or refuse to offer the FREE Courier Service to any individual Customer, groups of Customer or all Customers.