Warranty of Quality of Goods - Non Consumer Contracts
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The Order Acknowledgement will specify in each individual case the type of warranty if any given by the Company. The Order Acknowledgement will specify the goods are:
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| - Sold as Seen or
- have a Parts and Labour Warranty or
- have a Parts Only Warranty
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| 1.1 | If the Customer establishes to the Company's reasonable satisfaction that there is a defect in the materials or workmanship of the Goods manufactured or there is some other failure by the Company in relation to the conformity of the Goods with the Contract, then provided the Customer has returned the Goods to the Company together with written notification of such alleged defect within 7 days of the time when the Customer discovers or ought to have discovered the defect and in any event within the period stamped on the Order Acknowledgement commencing from the date of delivery of the Goods the Company shall at its option, at its sole discretion and within a reasonable time;
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In the case of Goods with a Parts and Labour Warranty:
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| | (a) | repair or make good such defect or failure in such Goods free of charge to the Customer (including all costs of transportation of any Goods or materials to and from the Customer for that purpose); or
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| (b) | replace such Goods with Goods which are in all respects in accordance with the Contract; or
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| (c) | issue a credit note to the Customer in respect of the whole or part of the Contract price of such Goods as appropriate having taken back such Goods or materials relating to such Goods
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| provided that the liability of the Company under this Warranty shall in no event exceed the purchase price of such Goods and performance of any one of the above options shall constitute an entire discharge of the Company's liability under this warranty
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In the case of Goods with a Parts Only Warranty:
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| repair or make good such defect or failure in such Goods and the Company shall not make a charge for the replacement parts but the Customer shall be liable for all call out and labour charges incurred and to benefit from this Warranty the Customer must use an authorised Company engineer to carry out the repair to ensure quality control is maintained
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| provided that the liability of the Company under this Warranty shall in no event exceed the purchase price of such Goods and performance of the above shall constitute an entire discharge of the Company's liability under this warranty
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| 1.2 | The Company shall be under no liability under any of the Warranties named above:
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| | (a) | in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the Company's instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Company's approval
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| (b) | if the total price for the Goods has not been paid by the due date for payment
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| (c) | for any Goods manufactured or appropriated to the Contract in accordance with any design, specification, instruction or recommendation made to the Company by the Customer
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| (d) | in respect of any type of defect, damage or wear specifically excluded by the Company by notice in writing or
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| (e) | if the Customer makes any further use of the Goods after giving notice in accordance with Clause 1.1.
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| (f) | where the goods are expressed to be "sold as seen" on the order Acknowledgement
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| (g) | for any Goods which have been sold to a third party or where the Customer has parted with possession of the Goods and for the avoidance of doubt the warranty is personal to the Customer and will not transfer to any subsequent buyer who purchases the Goods or obtains the Goods from the Customer
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| 1.3 | This warranty does not cover
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| | (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 Company
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| (b) | goods that have not been maintained periodically as detailed in the Operations Manual and/or the Company's instructions at the intervals specified
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| (c) | modifications or alterations that have been carried out which have neither been provided for or authorised by the Company or which have been carried out without complying with the technical instructions specified by the Company
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| (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 Company's instructions
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| (e) | routine maintenance, periodic checks and adjustments
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| (f) | the replacement of parts (including consumable items) subject to normal wear and tear taking into account usage of the equipment
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| (g) | damage due to natural elements (eg floods) or resulting from accidents
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| 1.4. | The warranties set out in this Contract are the only warranties which shall be given by the Company and all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract |