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Platinum BBC
1. Warranties and 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:
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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.
2. The above warranty is given by the Seller subject to the following
conditions:
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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.
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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.
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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
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or (c) the use of any spare part or component which has not
been manufactured or supplied by the Seller.
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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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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. 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.
9. 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 1 987.
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.
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Act of God, explosion, flood, tempest, fire or accident;
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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.
Product Manual
