Tefcold ATOM MAXI MK2, Manual

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WARRANTIES & LIABILITIES
1. The Seller will have no liability to the Buyer for damage in transit, shortage of delivery of
loss of Goods unless the Buyer gives written notice to the Seller of such damage, shortage
of loss with reasonable particulars thereof within three days of receipt of the Goods or (in
the case of total loss) of receipt of the invoice or other notifications of despatch. The
Seller’s liability (if any) will be limited to replacing or (in its discretion) repairing such
Goods and it shall be a condition precedent to any such liability that the Buyer will if so
requested, provide authority for the Seller’s employees or agents to inspect any
damaged Goods within fourteen days of such request. The Seller will not be liable for any
damage to or loss of Goods occurring after risk in the Goods has passed to the Buyer.
Furthermore, the Seller will have no liability for any consequential loss arising out of any
damage in transit, shortage of delivery or loss of the Goods.
2. Subject to clause 2.3 the Seller warrants that:
• the goods shall be free from defect in materials and workmanship for a period
of 12 months from the date of delivery to the Buyer.
it will perform the Services with reasonable care and skill and in accordance
with the terms of the Contract.
3. The above warranty is given by the Seller subject to the following conditions:
•
•
•
•
•
the Seller will be under no liability in respect of any defect in the Goods arising
from any drawing, design or specification supplied by the Buyer.
The Seller will be under no liability in respect of any defect in the Goods
arising from fair wear and tear, accidental or wilful damage, negligence of
the Buyer or it’s employees or agents,
abnormal working conditions, or use of Goods outside their design parameters,
failure to follow the Seller’s instructions (whether oral or in writing) or misuse.
The Seller will be under no liability in respect of any defect in the Goods arising
from (a) improper installation service or repair carried out by any one other than
the Seller (b) any alteration to the Goods carried out by anyone other than the
Seller or a service agent approved by the Seller
or (c) the use of any spare part or component which has not been
manufactured or supplied by the Seller.
the above warranty does not extend to parts, materials or equipment not
manufactured by the Seller, in respect of which the Buyer will only be entitled to
the benefit of any such warranty or guarantee as is given by the manufacturer of
such parts, materials or equipment to the Seller.
4.
The Buyer will notify the Seller as soon as reasonably practicable after becoming aware
of any defect in the Goods or any deficiency in the Services and will provide authority for
the Seller’s employees or agrees to inspect the Goods and / or Services and if necessary
to remove any Goods for further testing and analysis.
5. Where any valid claim is made by the Buyer that the Goods are defective or that the
Services have not been performed with reasonable care and skill and in accordance with
the terms on the contract then the Seller will (in the case of the Goods) at its discretion
either repair or replace the Goods (or the part in question) free of charge and (in the
case of the Services) will at its cost re-perform the Services necessary to remedy the
deficiency.
6.
Subject to the clause 10 the Seller will have no other or further liability to the Buyer
and whether for breach of Contract, negligence, breach of statutory duty or
otherwise in respect of any claims, proceedings, damages, losses, costs and expenses
(whether direct or consequential and including without limitation refrigerant loss,
food loss, loss of
business, loss of profit and loss of good will) made against or incurred by the Buyer
arising from or in connection with any defect in the Goods or any failure by the Seller to
perform the Services with reasonable skill and care and in accordance with the Contract.
7.
The Seller’s liability for any direct loss or damage sustained by the Buyer as a result of
any error in any weight, dimension, capacity performance or any other description or
information which has formed a representation or is part of the Contract will not exceed
the price of the Goods and / or the Services in respect of which description or
information is incorrect.
8.
Except for the terms applied in Section 1 2 of the Sale of Goods Act 1979 or Section 2 of
the Supply of Goods and Services Act 1982, all conditions warranties and other terms
express or implied, statuary or otherwise are expressly excluded except in so far as they
are contained in these Conditions otherwise expressly agreed by the Seller in writing.
8.
9.
Subject to clause 10 the Seller will not be liable to the Buyer in respect of any direct or
consequential loss or damage suffered by the Buyer arising from the negligence of the
Seller or wilful default of the Seller’s employees or agents in connection with the supply
of the Goods or the design or manufacture thereof or in the performance of the
Services.
The terms of clause 6 and 9 will not exclude any liability of the Seller: for the death or
personal injury resulting from the negligence of the Seller or the negligence or wilful
default of the Seller’s employees or agents: or under the Consumer Protection Act 1987.
10. Except in respect of liability for death or personal injury resulting from negligence the
Seller will not be liable to the Buyer under any circumstances (and whether arising
from breach of Contract or the negligence or breach of statutory duty of the Seller or
its employees or agents or otherwise) for any indirect special or consequential loss or
damage including without limitation refrigerant loss, food loss, loss of business or loss
of profit and loss of good will surffered by the Buyer which arises out or in connection
with the supply of the Goods or their
use or resale by the Buyer or the performance of the Services even if such loss was
reasonably foreseeable or the Seller had been advised of the possibility of the Buyer
incurring the same.
11. The seller shall not be liable to the Buyer or to deem to be in breach of the Contract by
reason of any delay in performing or any failure to perform any of the Seller’s
obligations in relation to the goods or the Services if the delay or failure was due to any
cause beyond the Seller’s reasonable control. Without prejudice to the generality of the
foregoing the following shall be regarded as causes beyond the Seller’s reasonable
control.
•
Act of God, explosion, flood, tempest, fire or accident;
•
war or threat of war, sabotage, insurrection, civil disturbance or requisition;
acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind
on the part of any governmental, parliamentary, or local authority; import or
export regulations or embargoes; strike, lock outs or other industrial actions
or trade disputes (whether involving employees of the Seller or the third
party); difficulties in obtaining raw materials, labour, fuel, parts or machinery;
power failure or breakdown in machinery.