Subject to the clauses below, the Company warrants the Goods supplied against non-conformance to the Company’s published standards and specifications, and defects in materials and workmanship which become apparent under normal use and service within twelve (12) months of delivery of the Goods
The obligation of the Company under this warranty is limited to the repair or replacement of parts or assemblies that in the Company’s opinion are defective. Where the Company at its sole discretion elects to repair the Goods, the warranty is further limited to repairs performed by the Company’s service division or a nominated sub-contractor instructed by the Company.
The foregoing warranty shall not apply to (1) any part or assembly that has been altered, modified, or changed; (2) any part or assembly that has been subject to misuse, abuse, neglect, or accidents; or (3) any machine that has not been installed and/or maintained consistent with the technical instructions provided by the Company.
The Company will endeavour to carry out all warranty repairs within a reasonable time period after being notified of a fault, but does not agree to any stipulated timescales unless these are agreed in advance, and notified to the Customer by the Company in writing.
The Company shall not be liable for any of the following:-
- design defects (unless new design work is necessary specifically to
fulfil the contract)
- consequential loss
- any excess in total claims over the total contract price
- technical advice or assistance which it was not contractually bound to
- loss caused by delay
- any alleged defect in the Goods which the Customer or any person acting on its behalf shall have rectified or attempted to rectify
- damage caused by misuse or non-compliance with instructions
provided by the Company
The Company does not exclude or limit liability for death or personal injury arising from negligence.
In the case of Goods supplied which have not been manufactured by the Company, the Company will (so far as possible) assign to the Customer the benefit of any warranty made by the manufacturer of the Goods or the person who supplied them to the Company, or, subject to a suitable indemnity being given to it by the Customer for any costs or liabilities incurred in respect thereof, will use its best endeavours to enforce such warranty for the benefit the Customer.
Any description of Goods appearing in the Company’s advertising or in a catalogue or literature produced by the Company is given by way of identification only and the use of such a description shall not constitute a sale by description. In so far as information contained in such advertising, catalogue or literature has been compiled from information supplied to the Company by any other party, the Company accepts no responsibility for its accuracy.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EXCEPT AS PROVIDED IN THIS WARRANTY WITH RESPECT TO DEFECTS IN MATERIAL AND WORKMANSHIP.
The liability of the Company arising out of the sale, use or operation of the Company’s parts and equipment, whether in warranty, contract, negligence or strict liability, including claims for special, indirect or consequential damages, shall not in any event exceed the cost of furnishing a replacement for a defective part or assembly as hereinabove provided. Upon the expiration of the warranty period, as hereinabove provided, any such liability shall terminate. The foregoing warranty shall constitute the sole and exclusive liability of the Company.