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9
WARRANTY
9.1
The Company warrants that (subject to the other provisions of these Conditions) upon delivery, and for a period of 12 months from
the date of delivery, the Goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1994. Warranty provisions
are strictly at the determination of the Company on a case by case basis. The Company’s determinations regarding a warranty
claim are final.
9.2
The Company shall not be liable for a breach of the warranty in Condition 9.1 unless:
9.2.1
the Buyer gives written notice of the defect to the Company, and (if the defect is as a result of damage in transit) to the
carrier, within a reasonable amount of time when the Buyer discovers or ought to have discovered the defect; and
9.2.2
the Company is given a reasonable opportunity after receiving the notice to examine such Goods and the Buyer (if asked to
do so by the Company) returns such Goods to the Company's place of business at the Buyer's expense for the examination
to take place there.
9.3
The Company shall not be liable for a breach of the warranty in Condition 9.1 if:
9.3.1
the Buyer makes any further use of such Goods after giving such notice; or
9.3.2
the defect arises because the Buyer failed to follow the Company’s oral or written instructions as to the storage, installation,
commissioning, use or maintenance of the Goods; or
9.3.3
the defect arises as a result of ordinary wear and tear; or
9.3.4
the Buyer alters or repairs such Goods without the written consent of the Company.
9.4
The following are expressly excluded from the warranty in Condition 9.1:
9.4.1
die sets, tooling and saw blades; and
9.4.2
machine maintenance, adjustment and set ups.
9.5
Subject to Conditions 9.2 and 9.3, if any of the Goods do not conform with the warranty in Condition 9.1 the Company shall at its
option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided
that, if the Company so requests, the Buyer shall, at the Buyer's expense, return the Goods or the part of such Goods which is
defective to the Company.
9.6
If the Company complies with Condition 9.4 it shall have no further liability for a breach of the warranty in Condition 9.1 in respect
of such Goods.
9.7
Any Goods which have been replaced will belong to the Company and any repaired or replacement Goods will be guaranteed on
these terms for the unexpired portion of the 12 month period.
9.8
All work carried out under the warranty contained in Condition 9.1 must be approved by the Company.
9.9
All electrical components and gearboxes carry a one-year replacement warranty from the manufacturer. This warranty does not
include labour or shipping costs.
10
RETURNS
10.1 The Buyer shall not be entitled to cancel any order or Contract or return any goods without the prior written approval of the
Company.
10.2 Special orders cannot be cancelled under any circumstances.
10.3 If the Company agrees to accept the return of any Goods it shall be on terms that
a)
They are returned at the Buyer’s expense to the Company within 30 days of delivery
b)
They are received by the Company in “as new” condition without any damage or use
c) Any refund will
be subject to a 15% “restocking charge”
and such other terms as the Company may impose.
11
LIMITATION OF LIABILITY
11.1 Subject to Condition 9, the following provisions of this Condition 10 set out the entire financial liability of the Company (including
any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
11.1.1
any breach of these Conditions; and
11.1.2
any representation, statement or tortious act or omission including negligence arising under or in connection with the
Contract.
11.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the
Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
11.3 Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Compan
y’s
negligence or for fraudulent misrepresentation.
(THE BUYER’S ATTENTION IS DRAWN TO THE PROVISIONS OF CONDITION 11.4 BELOW)
11.4 Subject to Conditions 11.2 and 11.3:
11.4.1
the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or
otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the
invoiced amount per each and every individual transaction; and
11.4.2
the Company shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for loss of profit, loss
of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation
whatsoever (howsoever caused) which arise out of or in connection with the Contract.
12
INTELLECTUAL PROPERTY
12.1 The property and any copyright or other intellectual property rights in:
12.1.1
any Buyer Materials shall belong to the Buyer;
12.1.2
any Company Materials shall, unless otherwise agreed in writing between the Buyer and the Company, belong to the
Company, subject only to a license in favor of the Buyer to use the Company Materials for the purposes of receiving the
Goods.
