1. Subject
to the conditions set out below the Seller warrants that the
Goods will correspond with their specification at the time of
delivery and will be free from defect in material and
workmanship for a period of 12 months from the date of delivery.
2. The
above warranty is given by the Seller subject to the following
conditions:
2.1. The
Seller shall be under no liability in respect of any defect in
the Goods arising from any drawing design or specification
supplied by the Buyer.
2.2. The
Seller shall be under no liability in respect of any defects
arising from fair wear and tear, wilful damage, negligence,
abnormal working conditions, failure to follow the Seller’s
instructions (whether oral or in writing), misuse or alteration
or repair of the Goods without the Seller’s approval.
2.3. The
Seller shall be under no liability under the above warranty (or
any other warranty, condition or guarantee) if the total price
of the Goods has not been paid by the due date for payment.
2.4. The
above warranty does not extend to parts, materials or equipment
not manufactured by the Seller, in respect of which the Buyer
shall only be entitled to the benefit of any such warranty or
guarantee as is given by the manufacturer to the Seller.
3. Subject
as expressly provided in these Conditions and except where the
Goods are sold to a person dealing as a consumer (within the
meaning of the Unfair Contract Terms Act 1977) all warranties,
conditions or other terms implied by statute or common law are
excluded to the fullest extent permitted by law.
4. Any
claim by the Buyer which is based on any defect in the quality
or condition of the Goods or their failure to correspond with
the specification shall (whether or not delivery is refused by
the Buyer) be notified to the Seller within 28 days of the date
of delivery or (where the defect or failure was not apparent on
reasonable inspection) within a reasonable time after discovery
of the defect or failure. If delivery is not refused, and the
Buyer does not notify the Seller accordingly, the Buyer shall
not be entitled to reject the Goods. The Seller shall have no
liability for such defect or failure, and the Buyer shall be
bound to pay the price as if the Goods had been delivered in
accordance with the Contract.
5. Where
any valid claim in respect of any of the Goods which is based on
any defect in the quality or condition of the Goods or their
failure to meet specification is notified to the Seller in
accordance with these Conditions, the Seller shall be entitled
to replace the Goods (or the part in question) free of charge
or, at the Seller’s sole discretion, refund to the Buyer the
price of the Goods (or a proportionate part of the price) but
the Seller shall have no further liability to the Buyer.
6. Illustrations,
performance details, methods of assembly and all other technical
data in the advertising sales and technical literature issued by
the Seller are based on experience and upon trials under Test
Conditions and are provided for general guidance only. No such
information shall form part of the Contract.
7. Except
in respect of death or personal injury caused by the Seller’s
negligence, the Seller shall not be liable to the Buyer by
reason of any representation, or any implied warranty, condition
or other term, or any duties, common law, or under express terms
of the Contract, for any consequential loss or damage (whether
for loss or profit or otherwise) costs, expenses or other claims
of consequential compensation whatsoever (and whether caused by
the negligence of the Seller, its employees or agent or
otherwise) which arises out of or in connection with the supply
of the Goods or their use or resale by the Buyer, except as
expressly provided in the Conditions.
8. The
Seller shall not be liable to the Buyer or be deemed to be in
breach of the Contract by reason of any delay in performing, or
any failure to perform, any of the Seller’s obligations in
relation to the Goods, if the delay or failure was due to any
cause beyond the Seller’s reasonable control. Without prejudice
to the generality of the foregoing, the following should be
regarded as causes beyond the Seller’s reasonable control:
8.1. Act
of God, explosion, flood, tempest, fire or accident.
8.2. War
or threat of war, sabotage, insurrection, civil disturbance or
requisition.
8.3. Acts,
restrictions, regulations, by-laws, prohibitions or measures of
any kind on the part of governmental, parliamentary or local
authority, import or export regulations or embargo.
8.4. Strikes,
lockouts or other industrial actions or trade disputes (whether
involving employees of the Seller or of a third party).
8.5. Difficulties
in obtaining raw materials, labour, fuel, parts or machinery.
8.6. Power
failure or breakdown in machinery.
9th September 2009