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Terms of Business, Warranties & Liability Policy

1. Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defect in material and workmanship for a period of 12 months from the date of delivery.

2. The above warranty is given by the Seller subject to the following conditions:

2.1. The Seller shall be under no liability in respect of any defect in the Goods arising from any drawing design or specification supplied by the Buyer.

2.2. The Seller shall be under no liability in respect of any defects arising from fair wear and tear, wilful damage, negligence, 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.

2.3. The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price of the Goods has not been paid by the due date for payment.

2.4. The above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.

3. Subject as expressly provided in these Conditions and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

4. Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with the specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 28 days of the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods. The Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

5. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price) but the Seller shall have no further liability to the Buyer.

6. Illustrations, performance details, methods of assembly and all other technical data in the advertising sales and technical literature issued by the Seller are based on experience and upon trials under Test Conditions and are provided for general guidance only. No such information shall form part of the Contract.

7. Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duties, common law, or under express terms of the Contract, for any consequential loss or damage (whether for loss or profit or otherwise) costs, expenses or other claims of consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agent or otherwise) which arises out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in the Conditions.

8. The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following should be regarded as causes beyond the Seller’s reasonable control:

8.1. Act of God, explosion, flood, tempest, fire or accident.

8.2. War or threat of war, sabotage, insurrection, civil disturbance or requisition.

8.3. Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of governmental, parliamentary or local authority, import or export regulations or embargo.

8.4. Strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party).

8.5. Difficulties in obtaining raw materials, labour, fuel, parts or machinery.

8.6. Power failure or breakdown in machinery.