ABN2ZA
User Manual
Page 6
Peak Scientific – Rev 9A – 16/09/15
Warranties and Liabilities
1.
The Company warrants that it has title to the Goods.
2.
Subject to the provisions of this clause the Company warrants that the
Goods shall comply in all material respects with any specification referred
to in the Order Confirmation (as the same may be amended) and shall,
subject thereto, be free from defects in material and workmanship for the
lesser of a period of twelve months from the date of delivery or thirteen
months from the date of dispatch from the factory.
3.
Save as provided in this clause and except where the Goods are sold to a
person dealing as a consumer (within the meaning of the Unfair Contract
Terms Act 1977) all warranties, conditions or other terms implied by statute
or common law are hereby expressly excluded save to the extent they may
not be lawfully excluded. When the Goods are sold to a consumer within
the meaning of the Unfair Contract Terms Act 1977 their statutory rights are
not affected by the provisions of this clause.
4.
In the event of the Customer making a claim in respect of any defect in
terms of clause 2 hereof the Customer must.
4.1.
Reasonably satisfy the Company that the Goods have been properly
installed, commissioned, stored, serviced and used and without
prejudice to the generality of the foregoing that any defect is not the
direct or indirect result of lack of repair and/or servicing, incorrect
repair and/or servicing, use of wrong materials and/or incorrect spare
parts
4.2.
Allow the company to inspect the Goods and/or any installation and
any relevant packaging as and when reasonably required by the
Company.
5.
Subject to the Company being notified of any defect as is referred to in
sub-clause 2 hereof within a reasonable time of it becoming apparent and
subject always to the terms of sub-clause 4 hereof, the Company shall, in its
option, replace or repair the defective Goods or refund a proportionate part
of the Price. The Company shall have no further liability to the Customer
(save as mentioned in sub-clause 6 hereof).
6.
The Company shall be liable to indemnify the Customer in respect of any
claim for death or personal injury to any person in so far as such is
attributable to the negligence or breach of duty of the Company or any
failure by the Company to comply with the provisions of sub-clause 2
hereof.
7.
Save as provided in sub-clause 2 hereof the Company shall not be liable in
respect of any claim by the Customer for costs, damages, loss or expenses
(whether direct, indirect, consequential or otherwise) or indemnity in any
respect howsoever arising including, but not by way of limitation, liability
arising in negligence (other than pursuant to clause 6 above) that may be
suffered by the Customer or any third party.