Where we agree to rectify any defect, we reserve the right to undertake the
work on our own premises. Provided that our product has been installed
in accordance with any instructions for installation and any relevant codes
of pratice and in accordance with the bye-laws and requirements obtaining
in any particular area we give the following warranties:
(1) Domestic and Commercial Open Vented Cylinders and Tanks.
If the copper cylinder or tank or any integral pipework proves to be
defective either in materials or workmanship, we will either repair or supply
replacement at our option with the closest substitute in the case of any
obsolete product to any address in Great Britain.
(a) free of all charge during the first year after delivery by us.
(b) thereafter at a charge of one-tenth of the then current list price and
any copper price supplement and delivery charge during the second year
after delivery by us and increasing by a further one-tenth on the second and
subsequent anniversary of delivery by us.
AND FURTHER we will meet the contractors/installers reasonable costs
in removing and replacing any defective Open Vented Copper Cylinder or
Tank with defective integral pipework as follows:
(i) in the case of vessels of less than 80 imperial gallons capacity up to a
maximum of one-half of the extent of our liability in regard to the
replacement product expressed in (1) (a) and (b) above
ii) in the case of vessels larger than 79 imperial gallons capacity up to a
maximum of one-quarter of the extent of our liability in regard to the
replacement product as expressed in paragraphs (1) (a) and (b) above.
(2) Domestic Mains Fed Products
If the copper storage vessel itself or any integral pipework as part of the
storage vessel assembly proves to be defective either in materials or
workmanship, we reserve the right to either repair or supply replacements
or the closest possible substitute in the case of any obsolete product and will
collect and deliver to any address in England, Wales and Scotland (excluding
all Scottish Islands).
(a) free of all charge during the first year after delivery by us.
(b) thereafter at a charge of one-fifth of the then current list price or any
copper price supplement and delivery charge during the second year after
delivery by us increasing by a further one-fifth on the second and subsequent
anniversary of delivery by us.
AND FURTHER we will meet the contractors/installers reasonable costs
in removing and replacing any defective copper storage vessel or storage
vessel with defective integral pipework from the Domestic Mains Pressure
Range of products up to a maximum of one-third of the extent of our
liability in regard to the replacement product expressed in (2) (a) and (b)
above.
(3) Components of our products other than Storage Vessels and Integral
Pipework. We will either extend to the purchaser the same terms of
warranty as we are given by the manufacturer of the component or if the
manufacturer does not give any warranty, replace free of charge any
component which becomes defective within twelve months after the date
of the delivery by us and is returned to us at the purchaser's expense but we
shall not meet the cost of removal or shipping or return of the component
or any other cost charges or damages incurred by the purchaser.
(4) In the case of the Gulfstream range of products any heat generator found
to be defective and admitted to be such by us either as regards materials or
workmanship within 12 months from date of installation or 18 months
from date of manufacture whichever is the sooner, will be repaired or
replaced at our option.AND FURTHER we will meet the contractors/
installers reasonable costs in removing and replacing any defective heat
generator up to a maximum of one-third of the extent of our liability in
regard to the replacement product.
(5) In the case of goods manufactured solely in accordance with our
specification and designs and in respect of any installation work carried out
by or on our behalf, our entire liability and the purchaser's sole remedies
(subject to (1-4) above) and shall be as follows:
(a) we accept liability for death or personal injury to the extent that it results
from our negligence that of our employees agents or subcontractors.
(b) subject to paragraph (d) below, we accept liability for direct physical
damage to tangible property to the extent that such damage is caused by
our negligence that of our employees agents or subcontractors.
(c) our total liability to the purchaser over and above any liability to replace
under
(1 - 4) above (whether in contract or in tort including negligence) in respect
of any one cause of loss or damage claimed to result from any breach of
our obligations hereunder, shall be limited to actual money damages which
shall not exceed £20,000 provided that such monetary limit shall not apply
to any liability on the part of ourselves referred to in paragraph (a) above.
AMD. SEPTEMBER 1994
1. We only do business upon the Conditions which appear below and no
other. Unless we so agree in writing these Conditions shall apply in full to
any supply of goods by us to the exclusion of any Conditions or terms sought
to be imposed by any purchaser. These Conditions of Sale and Warranty
Terms override those which are contained on the Invoice Forms and all
Sales are now subject to these Conditions of Sale and Warranty terms only.
2. PRICE
Orders are accepted at the price ruling at the date of receipt of order , this
price is our last published list price plus a supplement to allow for any
increase in the price of copper between the dates of publication of our price
lists ("the copper price supplement"). An order may not be cancelled or
varied after acceptance without the written consent of the company. Such
cancellation or variation shall be subject to such reasonable charges as may
be appropriate.
3. SPECIFICATION
The goods are supplied in accordance with the Specifications (if any)
submitted to the Purchaser and any additions and alterations shall be the
subject of an extra charge. Any goods not so specified shall be in accordance
with our printed literature or the literature of any of our component
suppliers (subject to any modifications made since publication). If we adopt
any changes in construction or design of the goods, or in the specification
printed in our literature, the Purchaser shall accept the goods so changed
in fulfilment of the order.
4. PAYMENT
The invoice price of goods shall be payable within 30 days of despatch by
us of our invoice for the goods or such longer time as may be stated by our
quotation or invoice. If we receive payment in full on or before the due
date we will allow a discount of 5% except where we have quoted a special
net price. If payment is not received in full on or before the due date we
shall be entitled in addition to the invoice price to:
(i) payment of a sum equal to any increase in the copper price supplement
applicable to the particular goods sold between the date of receipt of order
and the date of receipt of payment in full; and
(ii) interest on any part of the invoice price unpaid after the due date at
the rate of 3% per annum over the base rate for the time being of Midland
Bank plc.
5. TIME
We give estimates of delivery dates in good faith and time of delivery is
not nor shall be made of the essence of any contract nor shall we be liable
for any loss or damage occasioned by delay in delivery.
6. DELIVERY
We deliver free normally by our own vehicles within 25 miles of any of our
manufacturing depots. Delivery to any place more than 25 miles from one
of our manufacturing depots is subject to our quoted delivery charges. We
reserve the right to make delivery of goods contained in one order by more
than one consignment and at different times. Where a period is agreed for
delivery and such period is not extended by our Agreement, the Purchaser
shall take delivery within that period. If the Purchaser fails to take delivery,
we shall be entitled at the Purchaser's risk and expense to store the goods
at the Purchaser's premises or elsewhere and to demand payment as if they
had been despatched. Offloading at point of delivery shall be the
responsibility of and be undertaken by the Purchaser.
7. SHORTAGES OR DAMAGE
Goods must be inspected before signature of delivery note and any damage,
shortage or discrepancy noted on the delivery note and the goods returned
on the same vehicle. The buyer must also give us immediate written notice
of the damage, shortage or discrepancy so that we may prompt investigation.
8. RETURN OF GOODS
Goods may not be returned to the Company except by prior written
permission of an authorised officer of the Company and such return shall
be subject to payment by the Purchaser of handling and re-stocking charges,
transport and all other costs incurred by the Company.
9. COMPANY LIABILITY
All our goods are made of the best materials from reputable manufacturers
and where stated are manufactured to the appropriate British Standard.
Complaints must be given to us immediately, before any action is taken,
as responsibility cannot be accepted if repairs or renewals are attempted
Gledhill
(Water Storage)
Ltd
