ZSI-320 User Manual
Issue 03
Page 19 of 20
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.
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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.
MEYERTECH LIMITED
