Warranties &
Liabilities
SAFETY NOTICE TO USERS
These instructions must be read thoroughly and understood before installation and
operation of your Peak Scientific Zero Air. Use of the Generator in a manner not
specified by Peak Scientific MAY impair the SAFETY provided by the equipment.
When handling, operating or carrying out any maintenance, personnel must employ
safe engineering practices and observe all relevant local health and safety
requirements and regulations. The attention of UK users is drawn to the Health and
Safety at Work Act 1974, and the Institute of Electrical Engineers regulations.
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:-
4.1. 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; and
4.2.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.
4
ZA-070-19”Rack System Gas Generator
UM – ZA-070
