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
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 Sellerís
instructions (whether oral or in writing), misuse or alteration or
repair of the Goods without the Sellerís 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
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.
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
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 Sellerís 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
Sellerís 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
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 Sellerís obligations in
relation to the Goods, if the delay or failure was due to any cause
beyond the Sellerís reasonable control. Without prejudice to the
generality of the foregoing, the following should be regarded as
causes beyond the Sellerís reasonable control:
Act of God, explosion, flood, tempest, fire or accident.
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.
Strikes, lockouts or other industrial actions or trade
disputes (whether involving employees of the Seller or of a third
Difficulties in obtaining raw materials, labour, fuel, parts
Power failure or breakdown in machinery.
9th September 2009