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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.
