1.1 Subject
to the following provision Seller warrants that the Goods will correspond with
their specification at the time of delivery and will be free from defects in
material. Seller must be notified of any
defect in product within 30 days from the date of delivery.
1.2 Seller
gives the above warranty subject to the following conditions:
1.2.1 Seller
shall be under no liability in respect of any defect in the Goods arising from
any drawing, design or specification supplied by Buyer Seller shall be under
no liability in respect of any defect arising from wilful damage, negligence,
abnormal storage conditions, failure to follow Seller’s instructions (whether
oral or in Writing), misuse or alteration or repair of Goods without Seller’s
approval
1.2.2 Seller shall be under no liability under the above warranty (or
any other warranty, condition or guarantee) if the total price for the Goods
has not been paid by the due date for payment.
1.3 Where the Goods are sold under a
consumer transaction (as defined by the Consumer Transactions (Restrictions on
Statements) Order 1976) the statutory rights of Buyer are not affected by these
Terms.
1.4 A claim by Buyer, which is based on any defect in the quality
or condition of the Goods or their failure to correspond with specification,
shall (whether or not delivery is refused by Buyer) be notified to Seller
within 48 hours from the time of delivery.
If delivery is not refused, and Buyer does not notify Seller
accordingly, Buyer shall not be entitled to reject the Goods and Seller shall
have no liability for such defect or failure, and buyer shall be bound to pay
the price as if the Goods had been delivered in accordance with the Contract.
1.5 Where a valid claim in respect of any of the Goods which is
based on a defect in the quality or condition of the Goods or their failure to
meet specification is notified to Seller in accordance with these Terms, Seller
shall be given an opportunity to inspect Goods and, may replace the Goods (or
the part in question) free of charge or, at Seller’s sole discretion, refund to
buyer the price of the Goods (or a proportionate part of the price), in which
case Seller shall have no further liability to Buyer.
1.6 Seller
shall not be liable for a breach of any of the warranties where Buyer makes any
use of such Goods after giving such notice or the defect arises because Buyer
failed to follow the Company’s oral or written instructions as to the storage,
installation, commissioning use or maintenance of the Goods.
1.7 Except
in respect of death or personal injur