Common use of Provision of Goods and Services Clause in Contracts

Provision of Goods and Services. 3.1 The description, part numbers and/or specification of the Goods and/or Services shall be set out in our quotation or in our acknowledgement of the order. All drawings, descriptions, weights, dimensions and advertising issued by us (for example, in our catalogues or price lists) are issued to provide an approximate idea of the Goods and Services described in them and do not form part of the Agreement unless expressly stated in the Agreement or otherwise agreed to in writing by us. 3.2 You shall determine the suitability of the Goods and Services for your use and/or application. You shall be solely responsible for the accuracy and regulatory compliance of your designs, drawings, specifications and other data supplied to us by you, even if we examine, inspect, study or comment to you regarding any such designs, drawings, specifications or other data. 3.3 We warrant that the Goods furnished hereunder shall, at the time of shipment, be free from defects in material and workmanship and that Services shall be performed with reasonable skill and care. 3.4 In the event that you believe we have breached the warranty set out above, you shall submit to us reasonable written details (on our prescribed form if required) establishing the reasons you believe the warranty to have been breached, for our consideration. Unless agreed otherwise by us in writing, our liability: for failure of any Goods to comply with the foregoing shall be limited to replacing or repairing the Goods or parts of the Goods found to be defective within six (6) months of delivery. Such Goods, or parts, will be repaired or replaced, at our option without charge, and re-warranted for the remainder of the original warranty period. Should you need to return the Goods to us in accordance with this Condition 3.4, we shall pay all reasonable return packaging and transportation costs. for failure of any Service to comply with the foregoing shall be limited to us remedying the non-compliance, at no additional cost to you, provided that we have received the aforementioned written details within seven (7) days following completion of the Services. 3.5 Our performance of one of the options set out in Condition 3.4 shall constitute an entire discharge of our liability for breach of the warranty at Condition 3.3. 3.6 Minor deviations from specifications which do not affect performance of the Goods or Services shall not be deemed to constitute defects in materials or workmanship or a failure to comply with the specifications referred to herein. The need for regular overhaul of the Goods shall also not constitute a defect or failure for the purposes of the warranty at Condition 3.3. 3.7 We shall not be liable for a breach of the warranty at Condition 3.3 in any of the following circumstances: the Goods or parts thereof have been modified, altered, installed, used or serviced other than in conformity with our applicable specifications, manuals, bulletins or written instructions, or have been subjected to improper installation, misuse or neglect; and/or the Goods have not been maintained and operated in accordance with our instructions; and/or normal wear and tear, wilful or accidental damage, harsh environment or experimental running; and/or the Goods or parts thereof have been furnished to your specifications; and/or the Goods are expendable in nature, such as, but not limited to, diodes, transistors, o-rings, tyres, flexible hoses, seals, igniter plugs or fuses; and/or the Goods have a stated shelf life or “use by” date and such shelf life has expired or “use by” date has passed; and/or you or your customer fail to afford us a reasonable opportunity to inspect the Goods or Services; and/or the price for the Goods or Services, or any other goods or services supplied by us or our Group Company, has not been received when due; and/or the Services have been performed in accordance with your specifications and instructions. 3.8 We are not liable for the removal of Goods from, or installation of Goods into, any other property to which you may attach them or incorporate them. 3.9 For Goods that are returned under warranty and are tested and no fault found, we will be entitled to reimbursement from you for reasonable charges incurred for transportation, testing and evaluation. 3.10 Where we have replaced Goods pursuant to Condition 3.4(i), if requested by us and where it is reasonable to do so, you shall return to us, or such person nominated by us, carriage paid by you, within a period to be agreed, the original Goods and any materials upon which Services have been performed, correctly identified and packed for inspection, examination and testing. We shall reimburse your reasonable return packaging and transportation costs provided we have agreed that you have a valid warranty claim. The legal title to the replaced Goods shall re-vest in us. 3.11 For any Goods not manufactured by us, you shall only be entitled to the benefit of any warranty or guarantee given by the manufacturer to us, to the extent that it is assignable by us to you. 3.12 In relation to any software that may be incorporated into the Goods, we give no warranty that: the functions of the software will meet your requirements or will enable you to attain the objectives you have set for yourself; the software will operate in the combination or environment selected for use by you; or the operation of the software will be uninterrupted or free of errors. You shall be solely responsible for the results produced by the software and ensuring that the results comply with your specified requirements. 3.13 Other than as set out in Condition 3.3, to the extent permitted by law, all warranties, conditions, terms, express or implied, including warranties of merchantability or satisfactory quality or fitness for a particular purpose are excluded from the Agreement.

Provision of Goods and Services. 3.1 The description, part numbers and/or specification of the Goods and/or Services shall be set out in our quotation or in our acknowledgement of the order. All drawings, descriptions, weights, dimensions and advertising issued by us (for example, in our catalogues or price lists) are issued to provide an approximate idea of the Goods and Services described in them and do not form part of the Agreement unless expressly stated in the Agreement or otherwise agreed to in writing by uswriting. 3.2 You shall determine the suitability of the Goods and Services for your use and/or application. You shall be solely responsible for the accuracy and regulatory compliance of your designs, drawings, specifications and other data supplied to us by you, even if we examine, inspect, study or comment to you regarding any such designs, drawings, specifications or other data. 3.3 We warrant that the Goods furnished hereunder shall, at the time of shipment, be free from defects in material and workmanship and that Services shall be performed with reasonable skill and care. 3.4 In the event that you believe we have breached the warranty set out above, you shall submit to us reasonable written details (on our prescribed form if required) establishing the reasons you believe the warranty to have been breached, for our consideration. Unless agreed otherwise by us in writing, our liability: for failure of any Goods to comply with the foregoing shall be limited to replacing or repairing the Goods or parts of the Goods found to be defective within six (6) months of delivery. Such Goods, or parts, will be repaired or replaced, at our option without charge, and re-warranted for the remainder of the original warranty period. Should you need to return the Goods to us in accordance with this Condition 3.4, we shall pay all reasonable return packaging and transportation costs. for failure of any Service to comply with the foregoing shall be limited to us remedying the non-compliance, at no additional cost to you, provided that we have received the aforementioned written details within seven (7) days following completion of the Services. 3.5 Our performance of one of the options set out in Condition 3.4 shall constitute an entire discharge of our liability for breach of the warranty at Condition 3.3. 3.6 Minor deviations from specifications which do not affect performance of the Goods or Services shall not be deemed to constitute defects in materials or workmanship or a failure to comply with the specifications referred to herein. The need for regular overhaul of the Goods shall also not constitute a defect or failure for the purposes of the warranty at Condition 3.3. 3.7 We shall not be liable for a breach of the warranty at Condition 3.3 in any of the following circumstances: the Goods or parts thereof have been modified, altered, installed, used or serviced other than in conformity with our applicable specifications, manuals, bulletins or written instructions, or have been subjected to improper installation, misuse or neglect; and/or the Goods have not been maintained and operated in accordance with our instructions; and/or normal wear and tear, wilful or accidental damage, harsh environment or experimental running; and/or the Goods or parts thereof have been furnished to your specifications; and/or the Goods are expendable in nature, such as, but not limited to, diodes, transistors, o-rings, tyres, flexible hoses, seals, igniter plugs or fuses; and/or the Goods have a stated shelf life or “use by” date and such shelf life has expired or “use by” date has passed; and/or you or your customer fail to afford us a reasonable opportunity to inspect the Goods or Services; and/or the price for the Goods or Services, or any other goods or services supplied by us or our Group Company, has not been received when due; and/or the Services have been performed in accordance with your specifications and instructions. 3.8 We are not liable for the removal of Goods from, or installation of Goods into, any other property to which you may attach them or incorporate them. 3.9 For Goods that are returned under warranty and are tested and no fault found, we will be entitled to reimbursement from you for reasonable charges incurred for transportation, testing and evaluation. 3.10 Where we have replaced Goods pursuant to Condition 3.4(i), if requested by us and where it is reasonable to do so, you shall return to us, or such person nominated by us, carriage paid by you, within a period to be agreed, the original Goods and any materials upon which Services have been performed, correctly identified and packed for inspection, examination and testing. We shall reimburse your reasonable return packaging and transportation costs provided we have agreed that you have a valid warranty claim. The legal title to the replaced Goods shall re-vest in us. 3.11 For any Goods not manufactured by us, you shall only be entitled to the benefit of any warranty or guarantee given by the manufacturer to us, to the extent that it is assignable by us to you. 3.12 In relation to any software that may be incorporated into the Goods, we give no warranty that: the functions of the software will meet your requirements or will enable you to attain the objectives you have set for yourself; the software will operate in the combination or environment selected for use by you; or the operation of the software will be uninterrupted or free of errors. You shall be solely responsible for the results produced by the software and ensuring that the results comply with your specified requirements. 3.13 Other than as set out in Condition 3.3, to the extent permitted by law, all warranties, conditions, terms, express or implied, including warranties of merchantability or satisfactory quality or fitness for a particular purpose are excluded from the Agreement.