H² Detector
User Manual
Page 5
Warranties and Liabilities
1. The Company warrants that it has title to the Goods.
2. Subject to the provisions of this clause the Company warrants that the
Goods shall comply in all material respects with any specification
referred to in the Order Confirmation (as the same may be amended)
and shall, subject thereto, be free from defects in material and
workmanship for the lesser of a period of twelve months from the date
of delivery or thirteen months from the date of dispatch from the
factory.
3. Save as provided in this clause 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 hereby expressly excluded save
to the extent they may not be lawfully excluded. When the Goods are
sold to a consumer within the meaning of the Unfair Contract Terms Act
1977 their statutory rights are not affected by the provisions of this
clause.
4. In the event of the Customer making a claim in respect of any defect in
terms of clause 2 hereof the Customer must.
1. Reasonably satisfy the Company that the Goods have been
properly installed, commissioned, stored, serviced and used and
without prejudice to the generality of the foregoing that any
defect is not the direct or indirect result of lack of repair and/or
servicing, incorrect repair and/or servicing, use of wrong
materials and/or incorrect spare parts
2. Allow the company to inspect the Goods and/or any installation
and any relevant packaging as and when reasonably required by
the Company.
5. Subject to the Company being notified of any defect as is referred to in
sub-clause 2 hereof within a reasonable time of it becoming apparent
and subject always to the terms of sub-clause 4 hereof, the Company
shall, in its option, replace or repair the defective Goods or refund a
proportionate part of the Price. The Company shall have no further
liability to the Customer (save as mentioned in sub-clause 6 hereof).
6. The Company shall be liable to indemnify the Customer in respect of
any claim for death or personal injury to any person in so far as such is
attributable to the negligence or breach of duty of the Company or any
failure by the Company to comply with the provisions of sub-clause 2
hereof.
7.
Save as provided in sub-clause 2 hereof the Company shall not be liable
in respect of any claim by the Customer for costs, damages, loss or
expenses (whether direct, indirect, consequential or otherwise) or
indemnity in any respect howsoever arising including, but not by way of
limitation, liability arising in negligence (other than pursuant to clause 6
above) that may be suffered by the Customer or any third party.
