The seller guarantees at its discretion to refund the price of the goods or to repair or replace free of charge any of the goods found to its satisfaction to be defective within 12 months of the date of delivery owing to faulty design, materials or workmanship, provided that the goods have not been modified or repaired other than by the Seller and have been operated, stored and maintained within the Seller’s recommendations for use.
Goods returned under this guarantee shall be delivered to the Seller’s premises at the Purchaser’s expense and if found not to be defective (or when defect is attributable to the Purchaser’s design or materials) will be returned to the Purchaser at his own expense and subject to a testing charge of 15% of the invoice price together with VAT thereon if applicable.
The Seller’s obligation herein to refund or repair the goods is the sole liability of the Seller as regards the quality, fitness or description of the goods and their correspondence with sample. All other representations, warranties, conditions, terms and statements as regards the same express or implied, statutory or otherwise, are excluded save where not capable of exclusion at law. The Seller is under no further liability in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from or in relation to the quality, fitness or description of the goods and their correspondence with sample.
The Purchaser shall inspect the goods and notify the Seller of any defects or other non-conformance within 30 days from date of delivery.
The goods shall not be considered defective for the purposes of the Conditions unless:
(1) they are not in accordance with the Purchaser’s specifications where this is the agreed specification.
(2) if the Purchaser has no such specification or to the extent that the Purchaser’s specification is silent as to any aspect of the design, function, performance, tolerances, quality or characteristics of the goods do not conform to the Seller’s published information or if no such information has been published the goods do not conform to the standards which the Seller considers normal or usual for products of the kind sold at a similar price.
(3) the Seller is not in a position to ensure that the Purchaser’s specification is correct and/or sufficient for the purposes intended by the Purchaser must satisfy itself on this point.
(4) in the case of goods repaired or replaced by the Seller, the guarantee shall terminate at the end of the original guarantee period.
The seller shall not be liable in contract, tort or otherwise for any loss or damage suffered by the Purchaser whatsoever or howsoever arising out of or in connection with the supply of goods or services by the Seller other than to supply goods conforming to the original agreed specification or at the Seller’s option to refund to the Purchaser any monies already paid in respect of the goods.
Once goods are ordered the Buyer will be liable for the costs of such goods under all circumstances. No cancellation/alteration to the specification will be permitted without prior written agreement and acceptance of variation to specification by the Seller.
Title and ownership of the goods remains with the Seller in accordance with clause 6. Cancellation for any cause whatsoever will be at the Buyer’s cost and expense.
If the Seller agrees to accept cancellations or part cancellation of an order a charge of 20% of total order price will be made.
Except under the guarantee in clause 8 no returns are permitted without the Seller’s previous consent.
If the Seller agrees to accept returns other than under the guarantee contained in clause 8 they must be returned at the Purchaser’s expense in original condition and if tested by the Seller will be subject to a minimum charge of 15% of invoice price together with VAT thereon if applicable.