RETURNS
The Company disclaims liability for such goods returned without the written consent of the Company. Any goods approved for return must be advised in writing quoting the Company’s Advice Note number or invoice number. The Company also disclaims liability for any returns whilst in transit to the Company. The Buyer must pay the costs of transporting any returns.
DEFECTIVE GOODS
1. Finished Products If any part becomes defective due to faulty manufacture or materials replacement parts will be provided strictly in accordance with the Original Equipment Manufacturers Conditions of Sale. 2. Parts Spares or replacement parts or service exchange units sold by the Company to the Buyer may only be returned provided that the goods in question are:(i) Still of a merchantable quality.(ii) Have been used solely for their intended purpose and are found to be faulty due to defects in manufacture.
Any conditions or warranties (whether express or implied by statute or common law or arising from conduct or a previous course of dealing or trade custom or usage or otherwise howsoever) as to the quality of the goods or their fitness for any particular purpose (even if that purpose is made known expressly or by implication to the Company) or as to the correspondence of the goods with any description or sample are hereby expressly negatived. The Company reserves the right to supply parts or materials free of charge and also to ask the Buyer to return any faulty parts to the Company’s premises carriage paid before reimbursement is effected.
As a condition precedent to the Company’s liability pursuant to the Condition 10, the Buyer must notify the Company in writing within 14 days of any fault occurring. The Company shall not be liable for imperfect work caused by any inaccuracy in the drawing, bill of quantities or specification supplied by the Buyer.
LOSSES
1. Nothing herein shall impose any liability upon the Company in respect of any defect in the goods arising but of the acts, omission, negligence or default of the Buyer, its servants or agent including in particular (but without prejudice to the generality of the foregoing) any failure by the Buyer to comply with any recommendations of the Company as to storage and handling of the goods. 2. The Company shall not be liable for any costs, claims, damages, (whether direct, indirect or consequential), or expenses arising out of any tortuous act or omission or any breach of contract or statutory duty calculated by reference to profits, income, production or accruals or loss of such profits or by reference to accrual of such costs, claims, damages or expenses on a time basis.
