
LIABILITY
- For Injury Damage or Loss
The Company shall not in any circumstances be liable to the Customer for any injury, damage of loss involving any person, property or interest howsoever suffered by the Customer
in connection with installation, use, functioning or state of the goods or in connection with anything done or admitted to be done by the Company, its servants or agents. - For Defects
The Company shall make good free of charge or at the Company’s option replace goods manufactured by the Company which within 6 months of delivery are found to be defective by reason of faulty
materials or workmanship provided that the goods since delivery have been used and maintained in accordance with the Company’s information sheets and any other instructions issued by the Company and that the goods have
not been misused or in any way interfered with and the purchaser notifies the Company in writing within 14 days of discovery of the alleged defect giving details of the defect. This guarantee shall not extend to the
component parts supplied but not manufactured by the company. Such component parts shall have the benefit of the manufacturers guarantee but no additional obligation shall be placed on the Company in respect of such
component parts. If the delivery charge is not part of the contract, the customer must return the goods to the factory and pay for the delivery service of the replacement item. - For Delay in Delivery
The date quoted for delivery is given in good faith, but time is not of the essence and the Company shall not be liable for any loss or damage of any kind whatsoever resulting from
any delay in such delivery or completion. The Company shall only be liable for delivery if the Company has specifically guaranteed the date in writing for delivery and also if the Company has agreed a definable sum
as liquidated damage in which case payment of such sum shall be in full settlement of the Company’s liability for such delay. Any time for delivery and/or completion of the contract shall be extended by reasonable periods
if delivery and/or completion of the contract is hindered or delayed by any reason not entirely within the Company’s control including inter alia industrial disputes whether at our plant or not and a shortage of materials
or component parts caused otherwise than by the Company fault. - For Failure to Meet Specification or Performance
- If on delivery the Company products or services are shown to be not in accordance with specification or to be incapable of attaining any guaranteed standard of performance due solely to reasons for which the Company
is responsible then the Company shall make good the deficiencies. - If after repeated attempts the Company fails to make good the deficiencies either the Company of the Customer may request that the Company meets to agree a settlement within the following parameters:
- If the failure does not materially affect the use of the products or services for the purpose intended the Company shall be entitled to require the Customer to accept the goods or services as they are.
- If the failure does materially affect the use of the goods or services but not to such an extent that it constitutes a contractual performance substantially different from that which was reasonably expected
a reasonable reduction of the price will be agreed such reduction being based on what would have been a fair price for the goods or services if at the date of sale the performance or specification actually
achieved has been substituted for the contractual performance or specification. - If the failure does constitute a contractual performance substantially different from that which was reasonably expected either a reasonable reduction of the price will be agreed or the Customer may return
the goods or reject the services and obtain a refund of the price actually paid.
- The Customer’s rights under this condition shall be its sole remedy for any failure to meet specification or to obtain any guaranteed standard of performance.
- If on delivery the Company products or services are shown to be not in accordance with specification or to be incapable of attaining any guaranteed standard of performance due solely to reasons for which the Company