Warranty and Liability1.1 The Seller shall not be liable for any shortage in quantity delivered nor for any defect in the quality nature or condition of the Goods nor for the failure of the Goods to comply with the specification unless a claim in writing shall have been lodged with the Seller by the Purchaser:
- in the case of shortage, within three days of delivery; and,
- in the case of defects, within seven days of delivery.
In this respect the Purchaser is obliged to check the quality, safety and all other properties of the Goods and to hold the Seller harmless against any claims and in the event no such claim is lodged the Purchaser shall not be entitled to reject the Goods and the Purchaser shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract. This Clause applies specifically to delivery of the goods. Please see Clause 9.6 for defects or failures that may appear within the guarantee period but after the delivery had been found to be acceptable.
1.2 In the event of any shortage defect or failure as foresaid the Seller shall make good the shortage and/or at the Seller's sole discretion replace free of charge any Goods found to be defective by reason of faulty material or workmanship provided that as a condition thereof the Seller may require that the Goods concerned are returned to the Seller's works carriage paid within one month of discovery of the defects.
1.3 Except in respect of death or personal injury caused by the negligence of the Seller (being negligence defined by Section 1 of the Unfair Contract Terms Act 1977) the liability of the Seller to the Purchaser by reason of any representation implied warranty or other term of any duty under common law or under any contract for any consequential loss or damage (whether for loss of profit or otherwise) costs claims and expenses or for any other loss damage or injury whatsoever which may arise from the suitability of the Goods defective material faulty workmanship or otherwise shall in no case exceed the invoiced value of the Goods delivered from which the loss or damage arises.
1.4 Any information or recommendation by the Seller in relation to the Goods is given in good faith but the Seller shall not be liable to the Purchaser in respect of any loss or damage arising there from howsoever caused.
1.5 The Seller warrants that the Goods will correspond with any specification agreed between the Seller and the Purchaser and current user Manual at the date the Goods are delivered, and be free from defects in materials and workmanship for a period of 12 months from the date of the invoice relating to such goods. The Seller may agree with the Purchaser to issue an additional guarantee extending the length of the guarantee and its scope.
1.6 Any defect in or failure of the Goods shall be notified to the Seller in writing as soon as reasonably possible after the Purchaser discovers such defect or failure but certainly within 30 days of the discovery.
1.7 The seller shall be under no liability if the price of the goods has not been paid in full by the due date for payment.
1.8 The Purchaser shall indemnify the Seller in relation to any costs reasonably incurred by it in dealing with any invalid claim by the Purchaser.
1.9 Subject to the Purchaser having complied with the terms of clause 3.2 hereof and subject also to the conditions set out below the Seller will warrant that the Goods will correspond with the specification provided by the Seller in their quotation and specification provided to the Purchaser prior to the Purchaser placing the order for the Goods.
1.10 The above warranty is given by the Seller subject to the following conditions:
- 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 Purchaser.
- The Seller shall be under no liability in respect of any defect 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 written approval.
- The Seller will not be held responsible for consequential losses regardless of how any such costs are incurred.
1.11 Any Guarantees offered do not extend to goods which are taken outside the UK, unless agreed in writing by a director of the Seller.