10. LIMITATION ON CLAIMS10.1. Claims for any loss or damage to the Goods in transit shall be made by the Customer directly to the Vendor within three days of receipt of Goods, or if Goods have not been received within 14 days of the date of Vendors invoice for the Goods.
10.2. Any claim by the Customer that the Goods supplied do not conform to the contract must be in writing within 3 days of delivery. The equipment concerned must not be subject to process nor disposed of until the Vendor has had the opportunity to make an inspection and / or test the Goods. The Customer should examine the Goods upon delivery and if any items are damaged or missing should state details on the Goods received note. Equipment should be signed for “not examined” unless opened on receipt and found correct, otherwise the Vendor cannot accept responsibility.
10.3. If the Goods are not found to be defective, the Vendors costs of inspection will be borne by the Customer. If the Goods are found to be defective, the Vendor shall, at its option replace them or credit replace them or credit the Customer with their invoice value or part thereof and this shall be the limit of Vendors liability.
10.4. The Customer should inform the Vendor if Goods have not been received within 3 days of despatch UK mainland.
10.5. Claims in respect of alleged damage to Customer premises, products, property or otherwise must be made to us in writing within 3 days of delivery and installation. No claims for alleged damage, shortage or mis-delivery etc will be recognised after this date. Claims in respect of alleged damage, loss or otherwise shall not be grounds for withholding payment of account. Payment made to the Vendor in respect of alleged damage will not constitute an admission of liability on the part of the Vendor or its insurers.
11. RETENTION OF TITLE11.1. Although the Customer may acquire possession of the Goods, where the Vendor has ownership and title to the Goods prior to delivery, ownership and title shall not pass to the Customer until the Customer has paid all debts owing to the Vendor in full to the Vendor and until such time the Customer shall:
a. hold the Goods in a fiduciary capacity as agent for the Vendor. The Customer shall store the Goods (at no cost to the Vendor) separately from other goods in its possession and in such a way that they are clearly identified as the Vendor’s assets.
b. keep the Goods in good and substantial repair;
c. ensure that the Goods are kept free from any charge or encumbrance;
d. in the event of any breach of this contract, or in the event of any condition under clause 15 occurring permit the Vendor to enter the premises where the Goods are being stored and permit removal of the Goods into the Vendor’s possession (including severance from realty) (For the avoidance of doubt the Customer grants such consents in placing an order, and the contract made by the delivery of the Order Acknowledgement is on the basis that consent has been given by the customer in placing the order) The cost of removal shall be borne by the Customer.
11.2. The Customer shall be at liberty to sell the Goods owned by the Vendor in its ordinary course of business as principal and not agent for the Vendor. In such event, title to the Goods shall be deemed to pass to the Customer immediately prior to the delivery of Goods to the Customer’s customer. The Customer’s power of sale shall automatically cease if any of the conditions in Clause 15 occur. If the Customer does exercise its power of sale, it shall:
a. inform any sub-purchaser that the Goods are sold subject to retention of title clause and impose a clause in similar terms to the sub-purchaser, providing for the same rights as in this clause.
b. Pay the proceeds of sale of Goods belonging to the Vendor into a separate bank account and hold said proceeds on trust for the Vendor.
c. If requested to do so by the Vendor, produce payment by a sub-purchaser direct to the Vendor.
11.3. The Customer agrees that making available to it for use (including sale) or possession of the Goods is good consideration with or without transfer of title.
12. WARRANTY & EXCLUSIONS12.1 The Vendor warrants the equipment (if at all) for the period as indicated overleaf.
12.2 The liability of the Vendor under this warranty is limited to the replacement of parts that in its opinion are defective. These defective parts will be repaired or replaced with new or reconditioned parts, or units.
12.3 This warranty does not cover:
a. Any Goods repaired, including installation of parts of accessories that have been carried out by a technician that has not been approved by the Vendor
b. Goods that have not been maintained periodically as detailed in the Operations Manual and/or the Vendors instructions at the intervals specified.
c. Modifications or alterations that have been carried out which have neither been provided for or authorised by the Vendor or which have been carried out without complying with the technical instructions specified by the Vendor.
d. Equipment that has been vandalised, abused, including overloading, or cases where the user has not complied with the instructions given in the Operations Manual and/or Vendors instructions.
e. Routine maintenance, periodic checks and adjustments.
f. The replacement of parts (including consumable items) subject to normal wear and tear taking into account usage of the equipment.
g. Damage due to natural elements (eg floods) or resulting from accidents.
h. Any financial loss as a consequence as the Goods being unusable.
12.4 Repairs carried out under this warranty do not extend the period of its validity. Parts or units removed under warranty become the property of the Vendor
12.5 Except where the Customer is dealing as a consumer all warranties, conditions, terms relating to fitness for purpose, quality or condition of the Goods whether express or implied in any manner are excluded to the fullest extent permitted by the law.
13. FORCE MAJEURE13.1. The Vendor is not liable for any failure or delay in performance of its obligations under any contract due to any force majeure event or in any case for cause beyond the Vendor’s reasonable control. If any such delay occurs then (unless the cause frustrates or renders impossible or illegal the performance of the contract, or otherwise discharges it) the period for the Vendor to perform its obligations shall be extended by such period (not limited to the length of the delay) as the Vendor may reasonably require to complete the performance of its obligations.
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