7. WARRANTY AND LIABILITY
7.1 Norbar warrants that, subject to the other provisions of these Conditions upon delivery, and for a period of 12 months after the date of delivery, the Goods will:
a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
b) comply in all material respects with the specification for them as set out in Norbar’s catalogue or other published specification current at the time that the order for the Goods was accepted by Norbar.
7.2 Norbar warrants that, subject to the other provisions of these Conditions all Services will:
a) be supplied with reasonable skill and care within the meaning of the Supply of Goods and Services Act 1982; and
b) conform in all material respects with the specification for them as set out in Norbar’s catalogue or other published specification current at the time the order for the Services was accepted by Norbar (unless specifically varied in the quotation or Order Acknowledgement).
7.3 Norbar will not be liable for a breach of any of the warranties in Condition 7.1 unless:
a) the Customer gives written notice of the defect to Norbar within 14 days of the time when the Customer discovers or ought to have discovered the defect; and
b) the Customer returns the defective Goods properly packed, carriage paid to Norbar’s premises at the address given in Condition 1.1 or otherwise specified by Norbar.
7.4 Norbar will not be liable for a breach of the warranties in Condition 7.1 if:
a) the Customer makes any further use of the Goods after giving notice of any defect; or
b) the Goods have been misused, mishandled, overloaded, amended, modified or repaired in any way by the Customer or its customers, or used for any purpose other than that for which they were designed; or
c) the defect is due to fair wear and tear or arises because the Goods have been subject to excessive use or used in an environment for which they were not designed; or
d) the Goods differ from their specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements; or
f) the Customer or its customer has failed to follow Norbar’s oral or written instructions as to the storage, installation, commissioning, use, repair, calibration or maintenance of the Goods or the recommendations set out in any national or international standard applicable to the Goods or (if there are no applicable instructions or standards) good trade or engineering practice.
7.5 Norbar will not be liable for a breach of the warranties in Condition 7.2 unless:
a) the Customer gives written notice to Norbar identifying which Services are defective in sufficient detail within 14 days of the time when the Customer discovers or ought to have discovered the defect; and
b) if the claim relates to Customer Equipment, Norbar is given a reasonable opportunity to examine the Customer Equipment and to assess the claim of defective Services,
7.6 Subject to Conditions 7.3 and 7.4, if any of the Goods do not conform with any of the warranties in Condition 7.1, Norbar will at its option repair or replace such Goods (or the defective part of them) or refund the price of such Goods at the pro rata Contract rate. The provisions of these Conditions will apply to any Goods that are remedied or replaced.
7.7 Subject to Condition 7.5 if any of the Services do not conform with any of warranties in Condition 7.2, Norbar will at its option remedy, re-perform or refund the Services that do not comply at the pro rata Contract rate. The provisions of these Conditions will apply to any Services that are remedied or re-performed for a period of 90 days with effect from the date of performance of the remedied or re-performed Services. If any repair of Customer Equipment fails within 90 days after the date on which it was returned to the Customer by Norbar, Norbar will at its option remedy, re-perform or refund the Services that do not comply at the pro rata Contract rate.
7.8 If Norbar complies with Condition 7.6 or 7.7 (as applicable), it will have no further liability for a breach of any of the warranties in Condition 7.1 or 7.2 in respect of such Goods and/or Services.
7.9 Except as provided in Conditions 7.1 and 7.2, Norbar makes no representation or warranty, whether express or implied, as to the quality or fitness for purpose of the Goods or Services and all warranties, Conditions and other terms which may be implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
7.10 Nothing in this Contract excludes or limits the liability of Norbar for:
a) death or personal injury caused by Norbar’s negligence; or
b) defective products under the Consumer Protection Act 1987; or
c) for fraud or fraudulent misrepresentation; or
d) any matter for which it would be unlawful for Norbar to exclude or restrict liability.
THE CUSTOMER’S ATTENTION IS DRAWN TO THE PROVISIONS OF CONDITION 7.11
7.11 Subject to 7.10:
a) Norbar’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Contract will be limited to the price of the Goods and/or Services; and
b) Norbar will not in any event be liable to the Customer for any loss of profit, loss of business or depletion of goodwill or loss of data, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this Contract.
7.12 The Customer acknowledges that the price of the Goods and/or Services has been calculated on the basis that Norbar excludes and limits its liability in accordance with Condition 7.11.
7.13 Where the Goods and/or Services are sold under a consumer transaction the statutory rights of the Customer are not affected by these Conditions.
Please view our full Conditions of Sale.