Warranties & Disclaimers
The seller warrants that the goods will correspond to the specification agreed with the buyer and will be free from defects in materials or workmanship. At the time of installation, the obligation of the seller in the event of a breach of this warranty is limited to the repair or replacement of any defective goods. The warranty is given in lieu of any other warranties or conditions expressed or implied, whether by statute or otherwise, and is subject to the following conditions and exclusions.
i. Claims must be notified in writing to the seller within 48 hours of receipt of delivery or, where the defect is not apparent on reasonable inspection, as soon as practicable after discovery of the defect. Claims for defects will be not be accepted after 12 months from the date of receipt or delivery.
ii. Any goods, which are subject of any claim, must be retained for the inspection by the buyer or returned to the seller.
iii. 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. In particular the seller makes no representation or warranty as to and shall be under no liability for the suitability of the goods for any particular application which is the responsibility of the buyer who shall rely on their own professional advisers in providing the design or specification and warranties implied by statute be deemed to be modified accordingly.
iv. The seller shall be under no liability if the defect or failure, in the reasonable opinion of the seller, arises from fair wear and tear, willful damage, misuse, negligence by the buyer or any third party, failure to follow the instructions of the seller, or alteration or repair of the goods without prior approval in writing by the seller.
v. The seller shall be under no liability if the goods have not been paid in full by the due date for payment.
vi. The warranty does not extend to parts, materials or equipment not manufactured by the seller in respect of which the buyer shall be entitled only to the benefit of any such warranty or guarantee as is given by the supplier to the seller.
vii. Save in the case of death or personal injury caused by the seller’s negligence, the seller shall not be liable for any claims for consequential loss or damage or other claims for consequential compensation to include although not limited to:
a) Loss of profits.
b) Loss of use or revenue to include loss of overheads.
c) Loss of interest on moneys withheld under a main or third party contract.
d) Losses due to claims made against the purchaser by a main or third party contractor.
e) Any other losses howsoever arising out of or in respect of a main or third party contract.
viii. The goods are sold subject to the quality standards and manufacturing tolerances of the seller.
ix. The seller will not be responsible for any changes in the character of the site (between the dates of inspection for the quote and the date the work begins) that may affect the performance of the contract. The buyer shall indemnify the seller against any loss or damage that may arise as a result of any changes.
x. The buyer accepts and acknowledges that the limitations and conditions of the warranty clauses are deemed to be reasonable within the meaning of the Unfair Contracts Terms Act 1977.
xi. The buyer warrants that it will use and install the goods only in jurisdictions in which these conditions are enforceable under accepted English law