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Limited Warranty |
Copyright © P Squared Ltd 2013
Limited Warranty
Definitions
‘the Company’ means P Squared Ltd and where relevant includes
companies within the same group of companies as P Squared Limited.
‘the Goods’ means the goods or any part thereof supplied by the
Company and where relevant includes: work carried out by the
Company on items supplied by the Purchaser; services supplied by
the Company; and software supplied by the Company.
‘the Purchaser’ means the person or organisation who buys or has
agreed to buy the Goods.
‘the Price’ means the Price of the Goods and any other charges
incurred by the Company in the supply of the Goods.
‘the Contract’ means the quotation, these Conditions of Sale and
any other document incorporated in a contract between the
Company and the Purchaser.
This is the entire Contract between the parties relating to the
subject matter hereof and may not be changed or terminated
except in writing in accordance with the provisions of this Contract.
A reference to the consent, acknowledgment, authority or
agreement of the Company means in writing and only by a director
of the Company.
Warranty and Liability
Important: the purchaser is advised to read this clause
(a) The Company agrees to repair or (at its discretion) replace
Goods which are found to be defective (fair wear and tear
excepted) and which are returned to the Company within
12 months of the date of despatch provided that each of the
following are satisfied:
(i) notification of any defect is given to the Company
immediately upon its becoming apparent to the
Purchaser;
(ii) the Goods have only been operated under normal
operating conditions and have only been subject to
normal use (and in particular the Goods must have been
correctly connected and must not have been subject
to high voltage or to ionising radiation and must not
have been used contrary to the Company’s technical
recommendations);
(iii)
the Goods are returned to the Company’s premises at the
Purchaser’s expense;
(iv) any Goods or parts of Goods replaced shall become the
property of
the Company;
(v) no work whatsoever (other than normal and proper
maintenance) has been carried out to the Goods or any
part of the Goods without the Company’s prior written
consent;
(vi) the defect has not arisen from a design made, furnished or
specified by the Purchaser;
(vii) the Goods have been assembled or incorporated into
other goods only in accordance with any instructions
issued by the Company;
(viii) the defect has not arisen from a design modified by the
Purchaser;
(ix) the defect has not arisen from an item manufactured
by a person other than the Company. In respect of any
item manufactured by a person other than the Company,
the Purchaser shall only be entitled to the benefit of any
warranty or guarantee provided by such manufacturer to
the Company.
(b) In respect of computer software supplied by the Company the
Company does not warrant that the use of the software will be
uninterrupted or error free.
(c) The Company accepts liability:
(i) for death or personal injury to the extent that it results
from the negligence of the Company, its employees
(whilst in the course of their employment) or its agents (in
the course of the agency);
(ii) for any breach by the Company of any statutory
undertaking as to title, quiet possession and freedom from
encumbrance.
(d) Subject to conditions (a) and (c) from the time of despatch of
the Goods from the Company’s premises the Purchaser shall
be responsible for any defect in the Goods or loss, damage,
nuisance or interference whatsoever consequential economic
or otherwise or wastage of material resulting from or caused by
or to the Goods. In particular the Company shall not be liable
for any loss of profits or other economic losses. The Company
accordingly excludes all liability for the same.
(e) At the request and expense of the Purchaser the Company will
test the Goods to ascertain performance levels and provide a
report of the results of that test. The report will be accurate at
the time of the test, to the best of the belief and knowledge of
the Company, and the Company accepts no liability in respect
of its accuracy beyond that set out in Condition (a).
(f ) Subject to Condition (e) no representation, condition, warranty
or other term, express or implied (by statute or otherwise) is
given by the Company that the Goods are of any particular
quality or standard or will enable the Purchaser to attain any
particular performance or result, or will be suitable for any
particular purpose or use under specific conditions or will
provide any particular capacity, notwithstanding that the
requirement for such performance, result or capacity or that
such particular purpose or conditions may have been known
(or ought to have been known) to the Company, its employees
or agents.
(g) (i) To the extent that the Company is held legally liable to
the Purchaser for any single breach of contract, tort,
representation or other act or
default, the Company’s
liability for the same shall not exceed the Price of the
Goods.
(ii) The restriction of liability in Condition (g)(i) shall not apply
to any liability accepted by the Seller in Condition (c).
(h) Where the Goods are sold under a consumer transaction
(as defined by the Consumer Transactions (Restrictions on
Statements) Order 1976) the statutory rights of the Purchaser
are not affected by these Conditions of Sale.
Warranty Returns
Please contact P Squared to obtain a returns authorisation prior to returning any
goods for warranty repair.
Returns Contact:
Returns
P Squared Ltd
1-2 Maritime House
Livingstone Road
Hessle
East Riding Of Yorkshire
HU13 0EG
Telephone: +44 1482 350700
Fax: +44 1482 350701
Email:
Web: www.psquared.net
This Warranty Does Not Affect Your Statutory
Rights
If you need to return goods to P Squared Ltd, for whatever reason,
please contact P Squared Ltd beforehand to receive a returns reference number.
