7. LIABILITY OF THE COMPANY
7.1 The Company 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 the Company’s catalogue or other published specification current at the time that the order for the Goods was accepted by the Company.
7.2 The Company will not be liable for a breach of any of the warranties in condition 7.1 unless:
a) the Buyer gives written notice of the defect to the Company within 14 days of the time when the Buyer discovers or ought to have discovered the defect; and
b) the Buyer returns the defective Goods properly packed, carriage paid to the Company’s premises at the address given in condition 1.1.
7.3 The Company will not be liable for a breach of the warranties in condition 7.1 if:
a) the Buyer makes any further use of the Goods after giving such notice; or
b) the Goods have been misused, mishandled, overloaded, amended, modified or repaired in any way by the Buyer 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 Buyer or its customer failed to follow the Company’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice.
7.4 Subject to conditions 7.2 and 7.3, if any of the Goods do not conform with any of the warranties in condition 7.1, the Company 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.
7.5 If the Company complies with condition 7.4, it will have no further liability for a breach of any of the warranties in clause 7.1 in respect of such Goods.
7.6 Except as provided in condition 7.1, the Company makes no representation or warranty, whether express or implied, as to the quality or fitness for purpose of the Goods 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.
7.7 Nothing in this Contract excludes or limits the liability of the Company for:
a) death or personal injury caused by the Company’s negligence; or
b) under section 2(3) of the Consumer Protection Act 1987; or
c) for fraud or fraudulent misrepresentation; or
d) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability.
THE BUYER’S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CONDITION 7.8
7.8 Subject to 7.7:
a) the Company’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
b) the Company will not in any event be liable to the Buyer for any loss of profit, loss of business or depletion of goodwill, 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.
7.9 The Buyer acknowledges that the price of the Goods has been calculated on the basis that the Company excludes and limits its liability in accordance with condition 7.8.
7.10 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions.
Please view our full Conditions of Sale.