ZVK-66 User Manual
Issue 03
Page 16 of 17
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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.
