ZSC-1000 User Manual.doc
Issue 18
Page 46 of 46
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Warranty
Please refer to Meyertech Limited ‘Terms & Conditions of Sale of Goods & Services’ for interpretation.
1.
If the Buyer establishes to the Seller's reasonable satisfaction that there is a defect in the materials or workmanship
of the
Goods manufactured, then the Seller shall at its option,
at its
sole discretion and within a reasonable time,
a.
arrange for the repair or making good such defect or failure in such Goods free of charge to the Buyer (including all
costs of transportation of any Goods or materials to and from the Buyer for that purpose),
b.
replace such Goods with Goods which are in all respects in accordance with the Contract, or
subject, in every case, to the remaining provisions of this Condition 1 provided that the liability of the Seller under this
Condition 1 shall in no event exceed the purchase price of such Goods and performance of anyone of the above options shall
constitute an entire discharge of the Seller's liability under this warranty.
2.
Condition 1 shall not apply unless the Buyer:
a.
notifies the Seller in writing of the alleged defect within 12 (twelve) months from delivery or such other period or
periods as may be agreed in writing between the Seller and the Buyer, and
b.
allows the Seller a reasonable opportunity to inspect the relevant Goods.
3.
For the avoidance of doubt, the Seller shall be under no liability under the warranty in Condition 1 above:
a.
where such defects arise from any drawing, design or specification supplied by the Buyer; or
b.
where such defects arise from fair wear and tear, wilful damage, or negligence of a party other than the Seller (or
its employees or authorised personnel), abnormal working conditions, failure to follow the Seller's instructions
(whether oral or in writing), misuse or alteration or repair of the Goods without the Seller's approval; or
c.
where such defects arise in parts, materials or equipment which have not been manufactured or designed by the
Seller but have been purchased at the Buyer's request by the Seller from the Buyer's designer and manufacturer or
from some other third party (the
“Third Party Supplier”).
d.
if the total price of the Goods has not been paid by the due date for payment
e.
in respect of any type of defect, damage or wear specifically excluded by the Seller by notice in writing: or
f.
if the Buyer makes any further use of the Goods after giving notice in accordance with Clause 1
4.
Any repaired or replaced Goods shall be redelivered to the Buyer free of charge to the original point of delivery but otherwise
in accordance with and subject to these Conditions.
5.
Alternatively to Condition 1 the Seller shall be entitled at its absolute discretion on return of the defective Goods to the Seller
(at the Seller's request) to refund the price of the defective Goods in the event that such price shall already have been paid
by the Buyer to the Seller, or, if such price has not been paid, to relieve the Buyer of all obligation to pay the sum by the issue
of a credit note in favour of the Buyer in the amount of such price.
6.
In respect of all Goods supplied to the Seller by a Third Party Supplier the Seller will on request pass on to the Buyer (in so
far as reasonably possible) the benefit of any warranty given to the Seller by such Third Party Supplier and will (on request)
supply to the Buyer details of the terms and conditions of such warranty and copies of any relevant product information
sheets, technical data sheets or product leaflets issued by such Third Party Supplier and the Buyer shall be solely
responsible to the entire exclusion of the Seller for complying with the same.
7.
For the purposes of Condition 1 references to Goods shall be deemed to exclude software.
8.
The Buyer acknowledges that software in general is not error-free and agrees that the existence of such errors in the
Software Programs shall not constitute a breach of this Contract.
9.
In the event that the Buyer discovers a material error which results in the Programmed Products not performing substantially
in accordance with the Functional Specification, or the Licensed Programs not performing substantially in accordance with
the relevant Program Documentation and notifies the Seller of the error within 90 days from the date of the Seller making
available the respective software to the Buyer (the
`warranty period"
)
the Seller shall at its sole option either refund the price
which the Buyer has paid to the Seller (or if such price has not been paid, relieve the Buyer of all obligations to pay the sum)
in respect of the respective software or use all reasonable endeavours to correct by patch or new release (at its option) that
part of the software which does not so comply provided that such non-compliance has not been caused by any modification,
variation or addition to the software not performed by the Seller or caused by its incorrect use, abuse or corruption of the
software by use of the software with other software or on equipment with which
it is incompatible,
10. To the extent permitted by English law, the Seller disclaims all other warranties, with respect to the software which it provides
pursuant to the Contract, either express or implied, including but not limited to any implied warranties of satisfactory quality or
fitness for any particular purpose.
11. The Buyer is solely responsible for various scanning the software that it receives from the Seller pursuant to the Contract.
12. The Seller warrants that it will use reasonable skill and care in providing the Services to the buyer
