- The Company warrants in relation to goods of its own manufacture that it will (at its own discretion) either repair or replace any goods that are found within a period of 12 months (or otherwise stated) from the date of despatch of such goods from the Company’s works (“the warranty period”) to be defective or not in accordance with the contract or any express description or representation given or made on behalf of the Company in respect of such goods.
- The Company warrants in relation to goods not of the Company’s manufacture (including but not limited to parts and components supplied by others for goods manufactured by the Company) that in so far as it is able to do so give the purchaser the benefit of any express guarantee or warranty by the manufacturer or supplier of such goods and of any other rights which the Company has against the manufacturer or supplier in respect
- The purchaser’s remedies in respect of any claim under the foregoing express warranty or against any manufacturer or supplier as aforesaid or any claim under any condition or warranty implied by law or any other claim in respect of the goods or any workmanship in relation thereto (whether or not involving negligence on the part of the Company) shall in relation to goods of the Company’s manufacture be limited to repair, replacement or refund of the purchase price as foresaid and any condition or warranty implied by law shall cease to apply after the expiry of the warranty period and in all other cases be limited to the enforcement of the above mentioned liabilities of the manufacturer or supplier.
- The Company shall not in any circumstances by liable for the damages, compensation, costs, expenses, losses or other liabilities, whether direct or consequential and any other remedy, which would otherwise be available in law, is hereby excluding except to the extent that such exclusion is prohibited by any rule of
- In particular (without prejudice to paragraph (4) of this condition) the Company shall not be liable for any costs of dismantling or reassembling any structure or equipment to remove any goods alleged to be defective or not in accordance with the contract or any description or representation as aforesaid or for any other removal costs or for any transport costs in relation to such
- The foregoing rights of the purchaser shall only be enforceable where it is shown that the goods have not been abused or subject to excessive use, have not been used, installed or stored otherwise than in accordance with the Company’s or any suppliers or manufacturers instructions or recommendations and have been properly tested in accordance with any instructions or recommendations, have not been used or installed otherwise than in accordance with good engineering principles or recognised standards and have not been used in an unsuitable environment or
- A claim in relation to any goods in accordance with any of the foregoing provisions will not entitle a purchaser to cancel the contractor any part thereof or to refuse to take delivery of or pay for any other goods whether under the same or any other contract.