QUALITY OF GOODS. 5.1 Voip Unlimited warrants that on delivery, the Goods shall: (a) conform in all material respects with the Goods Specification; (b) be free from material defects in design, material and workmanship; (c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and (d) be fit for any purpose held out by Voip Unlimited. 5.2 Subject to clause 5.3, if: (a) the Customer gives notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1; (b) Voip Unlimited is given a reasonable opportunity of examining such Goods; and (c) the Customer (if asked to do so by Voip Unlimited) returns such Goods to Voip Unlimited's place of business at Voip Unlimited's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full. 5.3 Voip Unlimited shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if: (a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2; (b) the defect arises because the Customer failed to follow Voip Unlimited'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; (c) the defect arises as a result of Voip Unlimited following any drawing, design or Goods Specification supplied by the Customer; (d) the Customer alters or repairs such Goods without the written consent of Voip Unlimited; (e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; (f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards. 5.4 Except as provided in this clause 5, Voip Unlimited shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1. 5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2.
Appears in 6 contracts
Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement
QUALITY OF GOODS. 5.1 Voip Unlimited Ornua warrants that on delivery, delivery the Goods shall:
(a) shall conform in all material respects with the applicable Goods Specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.Specification.
5.2 Subject to clause 5.3, Ornua shall, at its option, repair or replace any defective Goods or refund the price of any defective Goods in full if:
(a) the Customer gives notice in writing within a reasonable time of discovery (but no later than 5 days from discovery) that some or all of the Goods do not comply with the warranty set out in clause 5.1;5.1 or of whole or partial non-delivery or shortages;
(b) Voip Unlimited Ornua is given a reasonable opportunity of examining such any allegedly defective Goods; and
(c) the Customer (if asked to do so by Voip UnlimitedXxxxx) returns such Goods to Voip UnlimitedOrnua's place of business at Voip Unlimited's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in fullbusiness.
5.3 Voip Unlimited Ornua shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;5.2;
(b) the defect arises because the Customer failed to follow Voip UnlimitedOrnua's oral or written instructions as to the storage, installation, commissioning, handling or use or maintenance of the Goods or (if there are none) good trade practice;
(c) the defect arises as a result of Voip Unlimited Ornua following any drawing, design or Goods Specification specification supplied by the CustomerCustomer;
(d) the defect arises as a result of Ornua using any ingredients, packaging or other raw materials supplied by the Customer or sourced from a third party specified by the Customer for use by Ornua in the manufacture or processing of the Goods (Customer Supplied Materials);
(de) the Customer alters or repairs such Goods without the written consent of Voip Unlimited;Ornua;
(ef) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;; or
(fg) the Goods differ from their description or the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these These Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited Ornua.
5.5 The Customer must notify Ornua in writing of any seizures of Goods for whatever reason and deliver full particulars to Ornua within 5 Business Days of the date of the seizure supported by certificates signed by a recognised public health official or official of a recognised regulatory body giving all relevant details including any time-limits or other conditions and the reason for any seizure.
5.6 No warranty is given by Ornua and Ornua shall have no liability in respect of the following:
(a) where the Goods are packaged under clause 5.2the Customer’s own label or in accordance with the instructions of the Customer, that the information on the packaging of the Goods (for example the integration of technical data such as nutritional information for consumers and the identification of ingredients) complies with applicable laws in the respective country of sale;
(b) that the Goods may lawfully be supplied or offered for sale outside the country of delivery unless supply for a particular country is expressly stated in the Goods Specification; or
(c) that the Goods are suitable for mixing, blending, compounding with or incorporating into other goods or products, unless expressly stated in the Goods Specification.
5.7 The Customer must observe (including before title to the Goods passes) storage, handling and transportation conditions suitable for the Goods and proper stock rotation in the case of all Goods and must not release Goods for sale or distribution where, because of their age or having regard to the time normally taken in the progress of Goods along the distribution chain, they could not reasonably be expected to reach the ultimate consumer in a fresh and wholesome state and before the end of their recommended shelf life.
5.8 The Customer must not obscure, remove, conceal or otherwise interfere with any markings or other indication of source or origin on any Goods or their labelling or packaging.
Appears in 3 contracts
Samples: Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale
QUALITY OF GOODS. 5.1 Voip Unlimited warrants that on delivery, the Goods shall:
(a) conform in all material respects with the Goods Specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 Subject to clause 5.3, if:
(a) the Customer Reseller gives notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited is given a reasonable opportunity of examining such Goods; and
(c) the Customer Reseller (if asked to do so by Voip Unlimited) returns procures the return of such Goods to Voip Unlimited's place of business at Voip Unlimited's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) the Customer Reseller or any End User makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer Reseller or any End User failed to follow Voip Unlimited'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;
(c) the defect arises as a result of Voip Unlimited following any drawing, design or Goods Specification supplied by the CustomerReseller;
(d) the Customer Reseller or End User alters or repairs such Goods without the written consent of Voip Unlimited;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited shall have no liability to the Customer Reseller in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2.
Appears in 3 contracts
Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement
QUALITY OF GOODS. 5.1 Voip Unlimited The Supplier warrants that on delivery, and for a period of 12 months for Hardware, 90 days for Software from the date of delivery (warranty period), the Goods shall:
(a) conform in all material respects with the their description and any applicable Goods Specification;
(b) be free from material defects in design, material and workmanship;; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.;
5.2 Subject to clause 5.3, the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full if:
(a) the Customer gives notice in writing during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Customer's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(c) the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
(f) the Goods differ from the Goods Specification their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards;
(g) the Customer breaches the Software Licence; or
(h) the customer breaches the End User Software Service and Support Maintenance Agreement.
5.4 Except as provided in this clause 5, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2the Supplier.
Appears in 3 contracts
Samples: Cloud Services Agreement, Supply Agreement, Supply Agreement
QUALITY OF GOODS. 5.1 Voip Unlimited warrants that on delivery, The Supplier is not the Goods shall:
(a) conform in all material respects with the Goods Specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning manufacturer of the Sale goods and therefore the Customer will need to rely on the warranties given by the manufacturer in relation to the quality of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimitedthe goods supplied.
5.2 Subject to clause 5.3, if:
(a) If the Customer gives notice in writing within one month of delivery and within a reasonable time of discovery that some or all of the Goods do not comply with the manufacturers warranty set out in clause 5.1or are defective;
(ba) Voip Unlimited the Supplier is given a reasonable opportunity of examining such Goods; and
(cb) the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Customer's cost, Voip Unlimited the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited The Supplier shall not be liable for the Goods' failure to comply with the manufacturers warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(c) the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5If the Supplier, Voip Unlimited shall have no liability at its option, agrees to the Customer returning the goods in respect accordance with clause 5.2, the risk in the Goods remains with the Customer until the Supplier arranges replacement of the defective Goods' failure to comply with , or refunds the warranty set out price of the defective Goods in clause 5.1full.
5.5 The terms of these Conditions shall apply In relation to any repaired or replacement Goods supplied by Voip Unlimited under bespoke Goods, if the Supplier, at its option, agrees to the Customer returning the goods in accordance with clause 5.2, the risk in the Goods remains with the Customer until the Supplier arranges replacement of the defective Goods, or refunds a proportion of the price of the defective Goods.
5.6 The cost of returning the Goods to the Supplier in accordance with Clause 5.5 will be borne by the Customer.
Appears in 2 contracts
Samples: Supply Agreement, Supply Agreement
QUALITY OF GOODS. 5.1 Voip Unlimited The Supplier warrants that on delivery, and for a period of 12 months from the date of delivery ("warranty period"), the Goods shall:
(a) 5.1.1 conform in all material respects with the Goods Specification;
(b) 5.1.2 be free from material defects in design, material and workmanship;
(c) 5.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) 5.1.4 be fit for any purpose held out by Voip Unlimitedthe Supplier.
5.2 Subject to clause 5.3, the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full if:
(a) 5.2.1 the Customer gives notice in writing during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;; and
(b) Voip Unlimited 5.2.2 the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimited) returns such Goods to Voip Unlimited's place of business at Voip Unlimited's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) 5.3.1 the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) 5.3.2 the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(c) 5.3.3 the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(d) 5.3.4 the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) 5.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;; or
(f) 5.3.6 the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 Notwithstanding the provisions of clause 5.1 to clause 5.4 the Supplier shall not be liable for:
5.5.1 knots and blemishes up to a size of 5mm in diameter in prime natural wood and knots and blemishes up to a size of 30mm in diameter in joinery grade material;
5.5.2 minor defects that may appear visible in certain lighting and/or angles but do not affect the overall appearance and function of the Goods;
5.5.3 minor variations in the Sayerlack branded paint colours used where colour matches have been sought in accordance with the paint swatch samples specified in the Order. Each paint swatch shall be charged at £55 plus VAT;
5.5.4 gaps of up to 3mm in size where the Goods are fitted to uneven walls, floors and/or ceilings. Decorators caulk may be used to fill in gaps in excess of this size at a cost of £30 plus VAT in respect of each alcove, architrave and/or separate work piece;
5.5.5 the removal, or procuring the removal, of any waste and/or refuse materials associated with the Goods and/or Services from either the Delivery Location or the Works Location.
5.6 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2the Supplier.
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
QUALITY OF GOODS. 5.1 Voip Unlimited 5.1. Where the Contract includes a Specification then Arkay warrants that on delivery, delivery the Goods shall:
(a) shall conform in all material respects with to the Specification or where that is not possible then Arkay warrants that it will have used all reasonable endeavours to ensure that the Goods meet the Specification;.
5.2. Where the Order does not include a Specification then Arkay warrants that on delivery the goods shall: -
(a) generally, conform with their description; and
(b) be free from material defects in design, material and workmanship;; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be reasonably fit for any the purpose held out for which the Goods were intended for provided that such purpose has been generally made known to Arkay. All other warranties or conditions (whether express or implied as to quality, condition, description compliance with sample or fitness for purpose whether statutory or otherwise are hereby excluded to the fullest extent permitted by Voip Unlimitedlaw.
5.2 5.3. Subject to clause 5.35.4, if:: -
(a) the Customer gives notice in writing to Arkay within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;this Clause 5; and
(b) Voip Unlimited Arkay is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip UnlimitedXxxxx at the Customer’s cost) returns such Goods to Voip Unlimited's Arkay’s place of business at Voip Unlimited's costbusiness, Voip Unlimited then Arkay shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in fullfull and (in each case) Arkay shall be deemed not to be in breach or have any further liability to the Customer for the defective Goods.
5.4. If the Customer fails to give notice as specified in Clause 5.3 Voip Unlimited within 2 Business Days from Delivery Completion then except in respect of any defect which is not one which would be apparent (on reasonable inspection) the Goods shall conclusively be presumed to comply with the warranty set out in either Clauses 5.1 and 5.2 and accordingly Arkay shall have no liability to the Customer in respect of such Goods (except in relation to liability for any latent defects which are notified in writing to Arkay within five (5) Business Days of discovery in which case the provisions of clause 5.2 shall apply).
5.5. Arkay shall not be liable for the Goods' failure to comply with the warranty set out in clause Clause 5.1 ifor 5.2 in any of the following events:
(a) the Customer makes any further use of or continues to use such defective Goods after giving a notice in accordance with clause 5.2;Clause 5.3; or
(b) the defect arises because the Customer failed to follow Voip Unlimited's Xxxxx’s oral or written instructions as to the storage, commissioning, installation, commissioning, use or and maintenance of the Goods or (if there are none) good trade practice;including failure to follow the installation instructions provided on delivery of the Goods showing the correct installation method and usage); or
(c) the defect arises as a result of Voip Unlimited Arkay following any drawing, design or Goods Specification supplied by the Customer;; or
(d) the Customer alters or repairs such Goods without the written consent of Voip Unlimited;Arkay; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;; or
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standardsrequirements; or
(g) the defect arises as a result of condensation; or
(h) the Goods are to be installed in the Hazardous Environment and this has not been advised to Arkay; or
(i) the defect arises as a result of the Goods being installed in a Hazardous Environment without a Special Finish and the appropriate hard-wearing components.
5.4 5.6. For the avoidance of doubt, Xxxxx makes no warranty or representation that condensation will not occur or will be eliminated by the Goods and Arkay shall not be liable for any condensation associated with the installation or use of the Goods.
5.7. The Customer acknowledges that whilst every attempt is made to match paint colours on the Goods, slight variations may occur, and such paint finishes may dull due to weathering. Arkay shall not be responsible or liable for any such dulling to the paint finishes on the Goods.
5.8. Unless Arkay has supplied the glass forming part of the Goods (which has been expressly stated in the Order Confirmation), glass shall not be included as part of the Goods and Arkay shall not have liability to the Customer in respect of any glass fitted or installed in the Goods.
5.9. Except as provided in this clause Clause 5, Voip Unlimited Arkay shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1Clause 5.1 and 5.2.
5.5 The terms of these 5.10. These Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited Arkay.
5.11. For the avoidance of doubt Arkay shall be under clause 5.2no obligation to, remove or re-install any defective Goods which have been installed or incorporated into any property or premises or any part thereof.
Appears in 2 contracts
Samples: Terms of Business, Terms of Business
QUALITY OF GOODS. 5.1 Voip Unlimited The Supplier warrants that on delivery, and for a period of 12 months from the date of delivery (warranty period), the Goods shall:
(a) conform in all material respects with the Goods Specificationtheir description;
(b) be free from material defects in design, material and workmanship;; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 Subject to clause 5.3, if:the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full if:
(a) the Customer gives notice in writing during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Customer's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(c) the defect arises as a result of Voip Unlimited the Supplier following any drawing, drawing or design or Goods Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;; or
(f) the Goods differ from the Goods Specification their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2the Supplier.
Appears in 2 contracts
Samples: Standard Terms and Conditions for Sale of Goods and Provision of Services, Standard Terms and Conditions for Sale of Goods and Provision of Services
QUALITY OF GOODS. 5.1 Voip Unlimited Citipost warrants that on delivery, the Goods shall:
(a) conform in all material respects with the their description and any applicable Goods Specification;
(b) be free from material defects in design, material and workmanship;; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 Subject to clause 5.3, if:
(a) the Customer gives notice in writing within a reasonable time seven (7) days of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited Citipost is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip UnlimitedCitipost) returns such Goods to Voip Unlimited's Citipost’s place of business at Voip Unlimited's the Customer’s cost, Voip Unlimited Citipost shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited Citipost shall not be liable for the Goods' ’ failure to comply with the warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Voip Unlimited's Xxxxxxxx’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;
(c) the defect arises as a result of Voip Unlimited Citipost following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of Voip UnlimitedCitipost;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;; or
(f) the Goods differ from the their description or any relevant Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited Citipost shall have no liability to the Customer in respect of the Goods' ’ failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Print Management Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited Citipost under clause 5.2.
Appears in 2 contracts
Samples: Customer Service Agreement, Customer Service Agreement
QUALITY OF GOODS. 5.1 Voip Unlimited The Supplier warrants that on delivery, the Goods shall:
(a) conform in all material respects with the Goods Specification;
(b) be free from material defects in design, material and workmanship;; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 Subject to clause 5.3, the Supplier shall, at its option, repair or replace defective Goods, or refund the price of defective Goods in full if:
(a) the Customer gives notice in writing within 5 Business Days of delivery or within a reasonable time of discovery (in respect of latent defects only) that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited the Supplier is given a reasonable opportunity of examining such GoodsGoods and taking samples on site as the Supplier deems appropriate; and
(c) the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Customer's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited Notwithstanding clause 5.2, if it transpires that allegedly defective Goods were not defective and the Customer’s request to rectify a defect unwarranted, the Supplier may require the Customer to reimburse the Supplier on request for the reasonable costs and expenses incurred by the Supplier in carrying out further work in connection with the allegedly defective Goods (including, without limitation, transport. Travel, labour and material costs).
5.4 The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(c) the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;; or
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 5.5 Except as provided in this clause 5, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 5.6 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2the Supplier.
5.7 The Customer is responsible for obtaining all necessary consents and licences in relation to the Goods as required from time to time, including any applicable import licences and consents.
Appears in 2 contracts
Samples: Supply Agreement, Supply Agreement
QUALITY OF GOODS. 5.1 Voip Unlimited warrants that on delivery, The Supplier is not the Goods shall:
(a) conform in all material respects with the Goods Specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning manufacturer of the Sale goods and therefore the Customer will need to rely on the warranties given by the manufacturer in relation to the quality of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimitedthe goods supplied.
5.2 Subject Assentech Rapid Response and Service Limited will provide a 12 month warranty on installation / service failures and faults due to clause 5.3, if:poor workmanship by our Engineers.
(a) 5.3 If the Customer gives notice in writing within one month of delivery and within a reasonable time of discovery that some or all of the Goods do not comply with the manufacturers warranty set out in clause 5.1or are defective;
(ba) Voip Unlimited the Supplier is given a reasonable opportunity of examining such Goods; and
(cb) the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Customer's cost, Voip Unlimited the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited The Supplier shall not be liable for the Goods' failure to comply with the manufacturers warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.25.1;
(b) the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(c) the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5If the Supplier, Voip Unlimited shall have no liability at its option, agrees to the Customer returning the goods in respect accordance with clause 5.2, the risk in the Goods remains with the Customer until the Supplier arranges replacement of the defective Goods' failure to comply with , or refunds the warranty set out price of the defective Goods in clause 5.1full.
5.5 The terms of these Conditions shall apply In relation to any repaired or replacement Goods supplied by Voip Unlimited under bespoke Goods, if the Supplier, at its option, agrees to the Customer returning the goods in accordance with clause 5.2, the risk in the Goods remains with the Customer until the Supplier arranges replacement of the defective Goods, or refunds a proportion of the price of the defective Goods.
5.6 The cost of returning the Goods to the Supplier in accordance with Clause 5.5 will be borne by the Customer.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
QUALITY OF GOODS. 5.1 Voip Unlimited warrants that on delivery, delivery the Goods shall:
(a) conform in all material respects with the Goods Specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 Subject to clause 5.3, if:
(a) the Customer gives notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimited) returns such Goods to Voip Unlimited's place of business at Voip Unlimited's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Voip Unlimited'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;
(c) the defect arises as a result of Voip Unlimited following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of Voip Unlimited;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2.
Appears in 2 contracts
QUALITY OF GOODS. 5.1 Voip Unlimited Ornua warrants that on delivery, delivery the Goods shall:
(a) shall conform in all material respects with the applicable Goods Specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.Specification.
5.2 Subject to clause 5.3, Ornua shall, at its option, repair or replace any defective Goods or refund the price of any defective Goods in full if:
(a) the Customer gives notice in writing within a reasonable time of discovery (but no later than 5 days from discovery) that some or all of the Goods do not comply with the warranty set out in clause 5.1;5.1 or of whole or partial non-delivery or shortages;
(b) Voip Unlimited Ornua is given a reasonable opportunity of examining such any allegedly defective Goods; and
(c) the Customer (if asked to do so by Voip UnlimitedXxxxx) returns such Goods to Voip UnlimitedOrnua's place of business at Voip Unlimited's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in fullbusiness.
5.3 Voip Unlimited Ornua shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;5.2;
(b) the defect arises because the Customer failed to follow Voip UnlimitedOrnua's oral or written instructions as to the storage, installation, commissioning, handling or use or maintenance of the Goods or (if there are none) good trade practice;
(c) the defect arises as a result of Voip Unlimited Ornua following any drawing, design or Goods Specification specification supplied by the CustomerCustomer;
(d) the defect arises as a result of Ornua using any ingredients, packaging or other raw materials supplied by the Customer or sourced from a third party specified by the Customer for use by Ornua in the manufacture or processing of the Goods (Customer Supplied Materials);
(de) the Customer alters or repairs such Goods without the written consent of Voip Unlimited;Ornua;
(ef) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;; or
(fg) the Goods differ from their description or the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these These Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited Ornua.
5.5 The Customer must notify Ornua in writing of any seizures of Goods for whatever reason and deliver full particulars to Ornua within 5 Business Days of the date of the seizure supported by certificates signed by a recognised public health official or official of a recognised regulatory body giving all relevant details including any time-limits or other conditions and the reason for any seizure.
5.6 No warranty is given by Ornua and Ornua shall have no liability in respect of the following:
(a) where the Goods are packaged under clause 5.2the Customer’s own label or in accordance with the instructions of the Customer, that the information on the packaging of the Goods (for example the integration of technical data such as nutritional information for consumers and the identification of ingredients) complies with applicable laws in the respective country of sale;
(b) that the Goods may lawfully be supplied or offered for sale outside the country of delivery, unless supply for a particular country is expressly stated in the Goods Specification; or
(c) that the Goods are suitable for mixing, blending, compounding with or incorporating into other goods or products, unless expressly stated in the Goods Specification.
5.7 The Customer must observe (including before title to the Goods passes) storage, handling and transportation conditions suitable for the Goods and proper stock rotation in the case of all Goods and must not release Goods for sale or distribution where, because of their age or having regard to the time normally taken in the progress of Goods along the distribution chain, they could not reasonably be expected to reach the ultimate consumer in a fresh and wholesome state and before the end of their recommended shelf life.
5.8 The Customer must not obscure, remove, conceal or otherwise interfere with any markings or other indication of source or origin on any Goods or their labelling or packaging.
Appears in 2 contracts
Samples: Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale
QUALITY OF GOODS. 5.1 Voip Unlimited warrants that on delivery, the Goods shall:
: (a) conform in all material respects with the Goods Specification;
; (b) be free from material defects in design, material and workmanship;
; (c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
and (d) be fit for any purpose held out by Voip Unlimited.
5.2 Subject to clause 5.3, if:
(a) the Customer gives notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimited) returns such Goods to Voip Unlimited's place of business at Voip Unlimited's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Voip Unlimited'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;
(c) the defect arises as a result of Voip Unlimited following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of Voip Unlimited;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2.
Appears in 2 contracts
QUALITY OF GOODS. 5.1 Voip Unlimited warrants that on delivery, The Supplier offers the Goods shallfollowing warranty:
(a) conform in all material respects with In respect of any Goods that the Goods Specification;
(b) Supplier has supplied and / or constructed, for the period of 12 months from the date of completion of the Contract, that these shall be free from material defects in design, material and workmanship;
(c) be workmanship and of satisfactory quality (within the meaning of the Sale of Goods Act 1979);
(b) any Goods shall conform in all material respects with the description and the Goods Specification; and
(dc) any Goods shall be fit for any the purpose held out by Voip Unlimited.the Supplier in the Goods Specification. Any warranty given by the Supplier shall be without prejudice to any standard manufacturer warranty that may accompany any of the Goods
5.2 Subject to clause 5.3, the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full if:
(a) the Customer gives notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods (where possible) to Voip Unlimitedthe Supplier's place of business at Voip Unlimited's the Supplier’s cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(c) the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;; or
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2the Supplier calculated from the date of the original supply.
Appears in 1 contract
Samples: Terms and Conditions
QUALITY OF GOODS. 5.1 Voip Unlimited The Supplier warrants that on delivery, and for a period of 12 months from the date of delivery (Warranty Period), the Goods shall:
(a) 5.1.1 conform in all material respects with the Goods Specification;
(b) 5.1.2 be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 Subject to clause 5.3, the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full if:
(a) 5.2.1 the Customer gives notice in writing during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited 5.2.2 the Supplier is given a reasonable opportunity of examining such Goods; and
(c) 5.2.3 the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimited's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in fullbusiness.
5.3 Voip Unlimited The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) 5.3.1 the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) 5.3.2 the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(c) 5.3.3 the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(d) 5.3.4 the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) 5.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;; or
(f) 5.3.6 the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2the Supplier.
Appears in 1 contract
Samples: Terms and Conditions of Sale
QUALITY OF GOODS. 5.1 Voip Unlimited The Supplier warrants that on delivery, and for the periods set out in Schedule 1 hereto (or 12 months in respect of parts of the Goods not expressly set out in Schedule 1) from the date of delivery ("Warranty Period"), the Goods shall:
(a) 5.1.1 conform in all material respects with the Goods Specification;; and
(b) be 5.1.2 Be free from material defects in design, material and workmanship;
. (c) “Warranty”). The Warranty Period shall be of satisfactory quality (within extended to the meaning of limited extent, and for the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimitedlimited defects, specified in Schedule 1.
5.2 Subject to clause 5.3, if:
(a) the Customer gives notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimited) returns such Goods to Voip Unlimited's place of business at Voip Unlimited's cost, Voip Unlimited Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in fullfull if:
5.2.1 the Customer gives notice in writing during the Warranty Period within a reasonable time of discovery (and for the avoidance of doubt, where the defect would have been apparent on physical inspection of the Goods, such reasonable time shall be deemed to be 24 hours after delivery) that some or all of the Goods do not comply with the Warranty;
5.2.2 the Supplier is given a reasonable opportunity of examining such Goods; and
5.2.3 The Customer allows the Supplier access to its property (or, where applicable, procures access for the Supplier to the End User’s property) to uninstall the Goods and return such Goods to the Supplier's place of business at the Supplier's cost.
5.3 Voip Unlimited The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 Warranty if:
(a) 5.3.1 the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) 5.3.2 the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(c) 5.3.3 such non-compliance is caused by the Customer or End User using a third party to install and/or commission the Goods;
5.3.4 the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(d) 5.3.5 the Customer or any third party alters or repairs (or attempts to alter or repair) such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) 5.3.6 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;conditions of use; or
(f) the 5.3.7 The Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1Warranty.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2the Supplier.
Appears in 1 contract
Samples: Terms and Conditions
QUALITY OF GOODS. 5.1 Voip Unlimited 6.1 The Supplier warrants that on delivery, and for the Warranty Period, the Goods shall:
(a) 6.1.1 conform in all material respects with the Goods Specification;their description; and
(b) 6.1.2 be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 6.2 Subject to clause 5.3Clause 6.3, if:
(a) 6.2.1 the Customer gives notice in writing raises a Support Request during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1Clause 6.1;
(b) Voip Unlimited 6.2.2 the Supplier is given a reasonable opportunity of examining such Goods; and
(c) 6.2.3 the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Customer's cost, Voip Unlimited the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited 6.3 The Supplier shall not be liable for the Goods' failure to comply with the warranty set out in clause 5.1 Clause 6.1 if:
(a) 6.3.1 the Customer makes any further use of such Goods after giving raising a notice Support Request in accordance with clause 5.2Clause 6.2;
(b) 6.3.2 the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practicepractice regarding the same;
(c) 6.3.3 the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification specification supplied by the Customer;
(d) 6.3.4 the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) 6.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;; or
(f) 6.3.6 the Goods differ differs from the Goods Specification its description as a result of changes made to ensure they comply with applicable statutory or regulatory standardsrequirements.
5.4 6.4 Except as provided in this clause 5Clause 6, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' ’ failure to comply with the warranty set out in clause 5.1Clause 6.1.
5.5 The terms of these 6.5 These Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2the Supplier.
Appears in 1 contract
Samples: Terms and Conditions for Supply of Goods and Services
QUALITY OF GOODS. 5.1 Voip Unlimited The Supplier warrants that on delivery, and for a period of 12 months from the date of delivery (warranty period), the Goods shall:
(a) conform in all material respects with the Goods Specificationtheir description;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 Subject to clause 5.3, the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full if:
(a) the Customer gives notice in writing during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Customer's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(c) the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer reverse engineers, alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;; or
(f) the Goods differ from the Goods Specification their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
(g) Payment in full has not been made within the specified terms.
5.4 Except as provided in this clause 5, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2the Supplier.
Appears in 1 contract
Samples: Terms and Conditions
QUALITY OF GOODS. 5.1 Voip Unlimited 10.1 The Supplier warrants that (subject to the other provisions contained in these conditions) on delivery, delivery the Goods shall:
(a) conform in all material respects with the Goods Specification;
(b) be free from material defects in design, material and workmanship;
(c) be Be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(db) be Be reasonably fit for any purpose held out by Voip Unlimitedpurpose.
5.2 Subject to clause 5.3, if10.2 The Supplier shall not be liable for a breach of the warranties in condition 10.2 unless:
(a) The Customer gives written notice of the defect to the Supplier (and to the carrier if the defect is as a result of damage in transit) within 5 days of the time when the Customer gives notice in writing within a reasonable time of discovery that some discovers or all of ought to have discovered the Goods do not comply with the warranty set out in clause 5.1;defect; and
(b) Voip Unlimited The Supplier is given a reasonable opportunity after receiving the notice of examining such Goods; and
(c) Goods and the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Supplier's cost, Voip Unlimited shall, at its option, repair or replace cost for the defective Goods, or refund the price of the defective Goods in fullexamination to take place there.
5.3 Voip Unlimited 10.3 The Supplier shall not be liable for a breach of the Goods' failure to comply with the warranty warranties in clause 5.1 condition 10.2 if:
(a) the The Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;under condition 10.3; or
(b) the The defect arises because the Customer failed to follow Voip Unlimited's either the Supplier’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are nonenone exist) good trade practice;; or
(c) the defect arises as a result of Voip Unlimited following any drawing, design or Goods Specification supplied by the Customer;
(d) the The Customer alters or repairs such Goods without the written consent of Voip Unlimited;the Supplier.
(e) 10.4 Subject to the defect arises as a result other provisions contained in these conditions, if any of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
(f) the Goods differ from do not conform with the warranties in condition 10.2 the Supplier shall at its option replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Supplier so requests, the Customer shall, at the Supplier's expense, return the Goods Specification as a result or the part of changes made such Goods which is defective to ensure they comply the Supplier. 10.5 If the Supplier complies with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited condition 10.5 it shall have no further liability to the Customer in respect for a breach of the Goods' failure to comply with the warranty set out warranties in clause 5.1condition 10.2.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2.
Appears in 1 contract
Samples: Terms and Conditions
QUALITY OF GOODS. 5.1 Voip Unlimited 6.1 The Supplier warrants that on delivery, and for a time period of 12 months, from the date of delivery (Warranty Period), the Goods shall:
(a) 6.1.1 conform in all material respects with the Goods Specificationtheir description;
(b) 6.1.2 be free from material defects in design, material and workmanship;
(c) 6.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and;
(d) 6.1.4 be fit for any purpose held out by Voip Unlimitedthe Supplier; and
6.1.5 comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
5.2 6.2 Subject to clause 5.36.3, if:
(a) 6.2.1 the Customer gives notice in writing during the Warranty Period, within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.16.1;
(b) Voip Unlimited 6.2.2 the Supplier is given a reasonable opportunity of examining such Goods; and
(c) 6.2.3 the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Customer's own risk and cost, Voip Unlimited the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited 6.3 The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 6.1 if:
(a) 6.3.1 the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.26.2;
(b) 6.3.2 the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(c) the defect arises as a result of Voip Unlimited following any drawing, design or Goods Specification supplied by the Customer;
(d) 6.3.3 the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) 6.3.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
(f) 6.3.5 the Goods differ from the Goods Specification their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 6.4 Except as provided in this clause 56, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.16.1.
5.5 6.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited the Supplier under clause 5.26.2.
Appears in 1 contract
Samples: Terms and Conditions for the Supply of Goods and Services
QUALITY OF GOODS. 5.1 Voip Unlimited The Supplier warrants that on delivery, the Goods shall:
(a) conform in all material respects with the their description and any applicable Goods Specification;
(b) be free from material defects in design, material and workmanship;; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimitedthe Supplier.
5.2 Subject The Customer shall inspect the Goods upon delivery and subject to clause 5.3, the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full if:
(a) the Customer gives notice in writing (which shall include specific details as to why the Goods are considered defective by the Customer and accompanied by photographic evidence of such defects in the Goods which clearly show the same) within a reasonable time of discovery (and in any event within two Business Days) that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited the Supplier is given a reasonable opportunity of examining such Goods;
(c) the Supplier is satisfied that the Goods are defective; and
(cd) the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Customer's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause clause
5.1 if:
(a) the Customer fails to give notice in accordance with clause 5.2;
(b) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(bc) the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(cd) the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(de) the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(ef) the defect arises as a result of fair wear and tear, wilful damage, negligence, or any other act or omission of the Customer, the Customer’s employees and/or agents or abnormal working conditions;; or
(fg) the The Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under the Supplier.
5.6 Notwithstanding any other provisions of these Conditions, the Customer shall be deemed to have accepted the Goods upon delivery unless the Customer gives a notice to the Supplier in accordance with clause 5.2.
Appears in 1 contract
Samples: Supply Agreement
QUALITY OF GOODS.
5.1 Voip Unlimited The Supplier warrants that that, unless protected by a separate manufacturer’s warranty, on delivery, delivery and for a period of 12 months from the date of delivery (warranty period),the Goods shall:
(a) conform in all material respects with the any applicable Goods Specification;
(b) be free from material defects in design, material and workmanship;; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 Subject to clause 5.3, the Supplier shall, unless protected by a separate manufacturer’s warranty, and at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full if:
(a) the Customer gives notice in writing during the warranty period and within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Supplier's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier's and/or manufacturer’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;
(c) the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;; or
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2the Supplier.
Appears in 1 contract
Samples: It Framework Services Agreement
QUALITY OF GOODS. 5.1 Voip Unlimited Subject to Clause 5.7, the Supplier warrants that on delivery, and for a period of 12 months from the date of delivery (warranty period), the Goods shall:
(a) conform in all material respects with the Goods Specification;; and
(b) be free from material defects in design, material and workmanship;.
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979)quality; and
(d) be fit for any purpose held out by Voip Unlimitedthe Supplier in its regularly published technical data-sheets.
5.2 Subject to clause 5.3The Supplier shall, where the Supplier has provided such Goods on the basis of their providing services of installation and commissioning, at its option, either (i) repair or replace the defective Goods, or (ii) refund the price of the defective Goods in full, if:
(a) the Customer gives notice in writing during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Customer's cost, Voip Unlimited shall, .
5.3 At the Supplier’s discretion the Supplier may provide the spare parts required to repair the defective Goods at its option, repair or replace the defective Goods, or refund the price cost such replacement of the defective Goods in fullpart being undertaken by the Customer or its representative at the Customer’s cost and liability.
5.3 Voip Unlimited 5.4 The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 and 5.7 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer or its agent failed to follow Voip Unlimitedthe Supplier'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;
(c) the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;; or
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 5.5 Except as provided in this clause 5, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 5.6 The terms of these Terms and Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2the Supplier.
5.7 The warranty provided in this Clause 5 shall be qualified as follows:
(a) Parts only warranty for 12 months;
(b) No warranty will be provided on compressors supplied as loose (rather than integrated) items.
Appears in 1 contract
Samples: Terms and Conditions of Sale
QUALITY OF GOODS. 5.1 Voip Unlimited Subject to the other provisions of this condition 5, the Supplier warrants that on delivery, and for a period of 12 months from the date of delivery or, in respect of those Goods which are Xxxxx- branded goods only, 12 months from the date of initial certification by a competent person or, in respect of those Goods which are Gesipa branded tools (not fastenings) only, 24 months from the date of delivery (Warranty Period), but excluding the Goods referenced in clause 5.5 below, the Goods shall:
(a) conform in all material respects with the Goods their description and any applicable Specification;
(b) be free from f ree f rom material defects in design, material and workmanship;; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit f it for any purpose held out by Voip Unlimitedthe Supplier.
5.2 Subject to clause condition 5.3, ifif :
(a) the Customer gives notice in writing to the Supplier during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause condition 5.1;
(b) Voip Unlimited the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Customer's cost, Voip Unlimited the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full, which shall be the sole remedy available to the Customer in such circumstances.
5.3 Voip Unlimited The Supplier shall not be liable for the any Goods' failure to comply with the warranty set out in clause condition 5.1 ifin any of the following events:
(a) the Customer uses or installs any of the consumable Goods which render them incapable of further use or resale;
(b) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2condition 5.2(a);
(bc) the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier's or the manufacturer’s oral or written instructions as to the storage, commissioning, installation, commissioningf ixing, use or and maintenance of the Goods or (if there are none) good trade practicepractice regarding the same (including the applicable laws, regulations, British Standards and guidelines on use of the relevant Goods);
(cd) the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(de) the Customer alters or repairs such Goods without the written consent of Voip Unlimited;
the Supplier; (ef ) the defect arises as a result of fair wear and tear, wilful damagedamage (including vandalism), negligence, or abnormal storage or working conditions;
(fg) the defect arises as a result of the presence of chemically active materials not previously notified to and agreed with the Supplier;
(h) the defect arises as a result of the presence of associated materials or products which affect or are capable of affecting the mechanical performance or weather-tightness of the Goods (including sheets, purlins, spacers and rooflights);
(i) the defect arises as a result of a Force Majeure Event; or
(j) the Goods differ from the Goods f rom their description or any applicable Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standardsrequirements.
5.4 Except as provided in this clause condition 5, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause condition 5.1.
5.5 The terms implied by sections 13 to 15 of these the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded f rom the Contract.
5.6 No warranty provided by the Supplier shall act to exclude, limit or relieve any other third party f rom their duties or obligations in relation to the storage, commissioning, installation, use and/or maintenance of the Goods (including their ongoing compliance with any applicable laws, regulations and guidelines and good trade practice relating to the same).
5.7 If the Supplier is prevented f rom providing the remedy pursuant to condition 5.2 due to acts required of the Customer and/or any third party, resolution of such remedy by the Supplier shall be suspended until the required acts of the Customer and/or the relevant third party have been completed.
5.8 These Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2the Supplier.
Appears in 1 contract
Samples: Terms and Conditions for Provision of Goods and/or Services
QUALITY OF GOODS. 5.1 Voip Unlimited 8.1 In respect of Goods not manufactured by the Seller, the Seller shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Seller.
8.2 In respect of Goods manufactured by the Seller, the Seller warrants that on delivery, and for a period of 12 months from the date of delivery (warranty period), the Goods shall:
(a) conform in all material respects with the Goods Specificationtheir description and any applicable specification;
(b) be free from material defects in design, material and workmanship;; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 8.3 Subject to clause 5.38.4, if:
(a) during the Customer warranty period, the Buyer gives notice in writing to the Seller within 5 days of delivery, or in the case of a reasonable time latent defect within 5 days of discovery discovery, that some or all of the Goods do not comply with the warranty set out in clause 5.1;8.2; and
(b) Voip Unlimited the Seller is given a reasonable opportunity of examining such Goods; and
(c) the Customer Buyer (if asked to do so by Voip Unlimitedthe Seller) returns such Goods to Voip Unlimited's the Seller’s place of business at Voip Unlimitedthe Seller's cost, Voip Unlimited the Seller shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited 8.4 The Seller shall not be liable for the Goods' failure to comply with the warranty set out in clause 5.1 8.2 if:
(a) the Customer Buyer fails to give notice in accordance with clause 8.3(a); or
(b) the Buyer makes any further use of such Goods after giving a notice in accordance with clause 5.2;such notice; or
(bc) the defect arises because the Customer Buyer failed to follow Voip Unlimited's the Seller’s oral or written instructions as to the storage, commissioning, installation, commissioning, use or and maintenance of the Goods or (if there are none) good trade practice;; or
(cd) the defect arises as a result of Voip Unlimited the Seller following any drawing, design or Goods Specification specification supplied by the Customer;Buyer; or
(de) the Customer Buyer alters or repairs such Goods without the written consent of Voip Unlimited;the Seller; or
(ef) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 8.5 Except as provided in this clause 58, Voip Unlimited the Seller shall have no liability to the Customer Buyer in respect of the Goods' failure to comply with the warranty set out in clause 5.18.2.
5.5 The terms of these 8.6 These Conditions shall apply to any Goods repaired or replacement Goods supplied replaced by Voip Unlimited the Seller under clause 5.28.3 except that the warranty period in respect of such Goods shall be the unexpired portion of the initial 12 month warranty period referred to in clause 8.2.
Appears in 1 contract
Samples: Sales Contracts
QUALITY OF GOODS. 5.1 Voip Unlimited 5.1. Pen Telecom warrants that on delivery, delivery the Goods shall:
(a) conform in all material respects with the Goods Specification;.
(b) be free from material defects in design, material material, and workmanship;.
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip UnlimitedPen Telecom.
5.2 5.2. Subject to clause 5.3, if:
(a) the Customer gives notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;.
(b) Voip Unlimited Pen Telecom is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip UnlimitedPen Telecom) returns such Goods to Voip Unlimited's Pen Telecom’s place of business at Voip Unlimited's Pen Telecom’s cost, Voip Unlimited Pen Telecom shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited 5.3. Pen Telecom shall not be liable for the Goods' ’ failure to comply with the warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;.
(b) the defect arises because the Customer failed to follow Voip Unlimited's Pen Telecom’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;.
(c) the defect arises as a result of Voip Unlimited Pen Telecom following any drawing, design or Goods Specification supplied by the Customer;.
(d) the Customer alters or repairs such Goods without the written consent of Voip Unlimited;Pen Telecom.
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;.
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 5.4. Except as provided in this clause 5, Voip Unlimited Pen Telecom shall have no liability to the Customer in respect of the Goods' ’ failure to comply with the warranty set out in clause 5.1.
5.5 5.5. The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited Pen Telecom under clause 5.2.
Appears in 1 contract
Samples: Master Service Agreement
QUALITY OF GOODS. 5.1 Voip Unlimited Managed Ink warrants that on delivery, delivery the Goods shall:
(a) 5.1.1 conform in all material respects with their description and any applicable Goods specification provided in writing and checked by the Goods SpecificationCustomer;
(b) 5.1.2 be free from material defects in design, material and workmanship;; and
(c) 5.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 Subject to clause 5.3, if:
(a) 5.2.1 the Customer gives notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited 5.2.2 Managed Ink is given a reasonable opportunity of examining such Goods; and
(c) 5.2.3 the Customer (if asked to do so by Voip UnlimitedManaged Ink) returns such Goods to Voip Unlimited's Managed Ink’s place of business at Voip Unlimited's costbusiness, Voip Unlimited Managed Ink shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited Managed Ink shall not be liable for the Goods' ’ failure to comply with the warranty in clause 5.1 if:
(a) 5.3.1 the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) 5.3.2 the defect arises because the Customer failed to follow Voip Unlimited's Managed Ink’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;
(c) 5.3.3 the defect arises as a result of Voip Unlimited Managed Ink following any drawing, design or Goods Specification supplied specification provided by the Customer;
(d) 5.3.4 the Customer alters or repairs such Goods without the written consent of Voip Unlimited;Managed Ink; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
(f) 5.3.5 the Goods differ from the Goods Specification their description as a result of changes made to ensure they comply with applicable statutory or regulatory regulator standards.
5.4 Except as provided in this clause 5, Voip Unlimited Managed Ink shall have no liability to the Customer in respect of the Goods' ’ failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Conditions Terms shall apply to any repaired or replacement Goods supplied by Voip Unlimited Managed Ink under clause 5.2.
Appears in 1 contract
Samples: Terms and Conditions of Sale
QUALITY OF GOODS. 5.1 Voip Unlimited 6.1 The Supplier warrants that on delivery, and for a period of 5 years from the date of delivery (warranty period), the Goods shall:
(a) conform in all material respects with the Goods Specification;; and
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 6.2 Subject to clause 5.36.3, the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full if:
(a) the Customer gives notice in writing during the warranty period within a reasonable time 14 days of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.16.1;
(b) Voip Unlimited the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Supplier's cost, Voip Unlimited shall, at its option, repair cost or replace shall make the defective Goods, or refund Goods available to the price of Supplier for collection by the defective Goods in fullSupplier.
5.3 Voip Unlimited 6.3 The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 6.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.26.2;
(b) the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(c) the defect arises as a result of Voip Unlimited the Supplier following any drawing, design design, information or Goods Specification specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;; or
(f) the Goods differ from the Goods Specification their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 6.4 The terms implied by sections 13 to 15 of the Sale of Goods Xxx 0000 are, to the fullest extent permitted by law, excluded from the Contract.
6.5 Except as provided in this clause 56, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.16.1.
5.5 6.6 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2the Supplier.
Appears in 1 contract
Samples: Terms and Conditions
QUALITY OF GOODS. 5.1 Voip Unlimited The Supplier warrants that on delivery, delivery and for the period specified in clause 5.4 (warranty period) the Goods shall:
(a) conform in all material respects with the Goods Specification;
(b) be free from material defects in design, material and workmanship;; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 Subject to clause 5.3, the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full if:
(a) the Customer gives notice in writing during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Customer's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(c) the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;; or
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 The warranty period shall:-
(a) where the Goods are sold as new, be a period of 12 months; and
(b) In any other case, be a period of 7 days.
5.5 Except as provided in this clause 5, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 5.6 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2the Supplier.
Appears in 1 contract
Samples: Terms and Conditions
QUALITY OF GOODS. 5.1 Voip Unlimited Insta warrants that on delivery, and for a period of 12 months from the date of delivery (Warranty Period), the Goods shall:
(a) 5.1.1 conform in all material respects with the Goods SpecificationOrder or any other guarantee provided by Insta;
(b) 5.1.2 be free from material defects in design, material and workmanship;
(c) be workmanship at the point of satisfactory quality (within the meaning of the Sale of Goods Act 1979)delivery; and
(d) 5.1.3 where Insta performs the Services and installs / uses the Goods, the Goods will be fit free from defects in material and workmanship for any purpose held out by Voip Unlimiteda period of three months from delivery, provided they are installed in accordance with manufacturer’s recommendations and used for their intended purpose.
5.2 Subject to clause 5.3, if:
(a) 5.2.1 the Customer gives notice in writing during the Warranty Period within a reasonable time 7 days of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited 5.2.2 Insta is given a reasonable opportunity of examining such Goods; and
(c) 5.2.3 At no time should an installation be removed before it has been inspected by Insta. Removal of an installation from the job site will void any warranty; and
5.2.4 the Customer (if asked to do so by Voip UnlimitedInsta) returns such Goods to Voip UnlimitedInsta's place of business at Voip Unlimited's costbusiness. If, Voip Unlimited upon Insta’s investigation it is found that the Goods are materially defective then Insta shall fully refund the Customer with reasonably incurred transport costs in returning such Goods; Insta shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited Insta shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) 5.3.1 the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) 5.3.2 the defect arises because the Customer failed to follow Voip UnlimitedInsta'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;
(c) 5.3.3 the defect arises as a result of Voip Unlimited Insta following any drawing, design or Goods Specification supplied by the Customer;
(d) 5.3.4 the Customer alters or repairs such Goods without the written consent of Voip UnlimitedInsta;
(e) 5.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
(f) 5.3.6 the Goods differ from the Goods Specification their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited Insta shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited Insta under clause 5.2.
5.6 Goods and/or Services provided by Insta may come with:
5.6.1 a relevant industry sector agency guarantee; and/or
5.6.2 a separate manufacturer’s warranty. The Customer is responsible for checking whether a separate warranty applies to the Goods installed and maintaining any such warranty with the manufacturer directly.
5.7 If a Customer wishes to return non-defective Goods then it must notify Insta in writing. In the event that Insta agrees in writing to accept a return of such Goods:
5.7.1 the Goods must be returned at the Customer’s cost to Insta’s place of business or such other address as notified to the Customer;
5.7.2 the Customer must notify Insta in writing when Goods will be returned prior to dispatch;
5.7.3 the Customer shall be liable for insurance of the Goods whilst under the control of the Customer;
Appears in 1 contract
Samples: Goods and Services Agreement
QUALITY OF GOODS. 5.1 Voip Unlimited 10.1 PAGB warrants that on delivery, and for a period of 12 months from the date of delivery (Warranty Period), the Goods shall:
(a) shall conform in all material respects with the Goods Specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 10.2 Subject to clause 5.310.3, if:
(a) the Customer gives notice in writing during the Warranty Period within: (i) in the case of a defect that is apparent on n ormal visual inspection, within two days of delivery; and (ii) in the case of a reasonable time latent defect, within 21 days of discovery of the d efect; that some or all of the Goods do not comply with the warranty set out in clause 5.110.1;
(b) Voip Unlimited PAGB is given a reasonable opportunity of examining to examine such Goods; and
(c) the Customer (if asked to do so by Voip UnlimitedPAGB) returns such Goods to Voip Unlimited's PAGB’ place of business at Voip Unlimitedthe Customer's cost, Voip Unlimited cost within 14 days of such request; PAGB shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited 10.3 PAGB shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 10.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.210.2;
(b) the defect arises because the Customer failed to follow Voip Unlimited's PAGB’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;
(c) the defect arises in connection with or as a result of Voip Unlimited PAGB following any instruction, drawing, design or Goods Specification specification supplied by the Customer, or an affiliate, agent or subcontractor of the Customer, or any other information supplied by the foregoing prior to delivery of the Goods;
(d) the Customer alters Customer, or an affiliate, agent or subcontractor of the Customer, alters, modifies or repairs such Goods without the written consent of Voip Unlimited;PAGB; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 10.4 Except as provided in this clause 510, Voip Unlimited PAGB shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.110.1.
5.5 10.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited PAGB under clause 5.210.2.
Appears in 1 contract
Samples: General Terms and Conditions
QUALITY OF GOODS. 5.1 Voip Unlimited Cotopaxi warrants that on delivery, and for a period of 12 months from the date of delivery (warranty period), the Goods shall:
(a) conform in all material respects with the Goods Specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip UnlimitedCotopaxi.
5.2 Subject to clause 5.3, Cotopaxi shall, at its option, repair or replace defective Goods, or refund the price of the defective Goods in full if:
(a) the Customer gives notice in writing during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited Cotopaxi is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip UnlimitedCotopaxi) returns such Goods to Voip UnlimitedCotopaxi's place of business at Voip Unlimitedthe Customer's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited Cotopaxi shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Voip UnlimitedCotopaxi'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;
(c) the defect arises as a result of Voip Unlimited Cotopaxi following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of Voip UnlimitedCotopaxi;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;; or
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited Cotopaxi shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2Cotopaxi.
5.6 For the avoidance of doubt, the warranties set out in this Condition 5 do not apply to the Software, the warranties for which are exclusively set out in the Software Licence.
Appears in 1 contract
Samples: Terms & Conditions of Supply
QUALITY OF GOODS. 5.1 Voip Unlimited The Supplier warrants that on delivery, and for a period of 12 (twelve) months from the date of delivery (warranty period),] the Goods shall:
(a) conform in all material respects with the their description and Goods Specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimitedthe Supplier.
5.2 Subject to clause 5.3, if:
(a) the Customer gives notice in writing writing[during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Supplier's cost, Voip Unlimited the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(c) the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited the Supplier under clause 5.2.
Appears in 1 contract
QUALITY OF GOODS. 5.1 Voip Unlimited 4.1 Unless stated in the Order Acknowledgement or otherwise agreed by the parties in writing, Oceanic warrants that on deliverymaking the Goods available for collection/dispatch, and for a period of 12 months from such date (warranty period), the Goods shall:
(a) 4.1.1 conform in all material respects with the Goods Specificationtheir description;
(b) 4.1.2 be free from material defects in design, material and workmanship;; and
(c) 4.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) 4.1.4 be fit for any purpose held out by Voip UnlimitedOceanic.
5.2 4.2 Subject to clause 5.34.3, Oceanic shall, at its option, repair or replace the defective Goods if:
(a) 4.2.1 the Customer gives notice in writing within a reasonable time of to Oceanic during the warranty period as soon as reasonably practicable upon discovery that some or all of the Goods do not comply with the warranty set out in clause 5.14.1;
4.2.2 the Customer returns such Goods, at the Customer’s cost, to Oceanic’s premises (b) Voip Unlimited or such other address notified to the Customer by Oceanic in writing), unless Oceanic notifies the Customer in writing that it does not require such Goods to be returned; and
4.2.3 Oceanic is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimited) returns such Goods to Voip Unlimited's place of business at Voip Unlimited's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited 4.3 Oceanic shall not be liable for the Goods' ’ failure to comply with the warranty set out in clause 5.1 4.1 if:
(a) 4.3.1 the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.24.2;
(b) 4.3.2 the defect arises because the Customer failed to follow Voip Unlimited's Oceanic’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practicepractice regarding the same;
(c) the defect arises as a result of Voip Unlimited following any drawing, design or Goods Specification supplied by the Customer;
(d) 4.3.3 the Customer alters or repairs such Goods without the written consent of Voip UnlimitedOceanic;
(e) 4.3.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;; or
(f) 4.3.5 the Goods differ from the Goods Specification their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 4.4 Except as provided in this clause 54, Voip Unlimited Oceanic shall have no liability to the Customer in respect of the Goods' ’ failure to comply with the warranty set out in clause 5.14.1.
5.5 The terms of these 4.5 These Terms and Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2Oceanic.
Appears in 1 contract
Samples: Supply Agreement
QUALITY OF GOODS. 5.1 Voip Unlimited 5.1. Pen Telecom warrants that on delivery, delivery the Goods shall:
(a) conform in all material respects with the Goods Specification;.
(b) be free from material defects in design, material and workmanship;.
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip UnlimitedPen Telecom.
5.2 5.2. Subject to clause 5.3, if5.3,if:
(a) the Customer gives notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;.
(b) Voip Unlimited PenTelecom is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimited) returns Pen Telecom)returns such Goods to Voip Unlimited's Pen Telecom’s place of business at Voip Unlimited's Pen Telecom’s cost, Voip Unlimited Pen Telecom shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited 5.3. Pen Telecom shall not be liable for the Goods' ’ failure to comply with the warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;.
(b) the defect arises because the Customer failed to follow Voip Unlimited's oral Pen Telecom’soral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;.
(c) the defect arises as a result of Voip Unlimited Pen Telecom following any drawing, design or Goods Specification supplied by the Customer;.
(d) the Customer alters or repairs such Goods without the written consent of Voip Unlimited;Pen Telecom.
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;.
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 5.4. Except as provided in this clause 5, Voip Unlimited Pen Telecom shall have no liability to the Customer in respect of the Goods' ’ failure to comply with the warranty set out in clause 5.1.
5.5 5.5. The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited Pen Telecom under clause 5.2.
Appears in 1 contract
Samples: Master Service Agreement
QUALITY OF GOODS. 5.1 Voip Unlimited The Supplier warrants that on delivery, and for a period of 12 months from the date of delivery (warranty period), the Goods shall:
(a) conform in all material respects with the their description and any applicable Goods Specification;
(b) be free from material defects in design, material and workmanship;; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 Subject to clause 5.3, the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods (provided the the manufacturer has credited them in full) less any costs of carriage if:
(a) the Customer gives notice in writing during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Customer's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(c) the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;; or
(f) the Goods differ from the Goods Specification their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2the Supplier.
Appears in 1 contract
Samples: Terms and Conditions
QUALITY OF GOODS. 5.1 Voip Unlimited 25.1 The Supplier warrants that on delivery, the Goods shall:
(a) 25.1.1 conform in all material respects with the Goods Specification;their description; and
(b) 25.1. 2 be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 25.2 Subject to clause 5.325.3, if:
(a) 25.2.1 the Customer gives notice in writing writing, within a reasonable time two (2) Business Days of discovery delivery of the Goods, that some or all of the Goods do not comply with the warranty set out in clause 5.125.1;
(b) Voip Unlimited 25.2.2 the Supplier is given a reasonable opportunity of examining such GoodsGoods and, following such examination, agrees that the Goods do not conform with the warranty set out in clause 25.1; and
(c) 25.2.3 the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimited's costbusiness, Voip Unlimited the Supplier shall, at its sole option, repair or replace the defective Goods, or refund the price of the defective Goods in full. This shall be the sole and exclusive remedy of the Customer in respect of any breach of the warranties contained at clause 25.1.
5.3 Voip Unlimited 25.3 The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 25.1 if:
(a) 25.3.1 the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.225.2.1;
(b) 25.3.2 the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(c) 25.3.3 the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(d) 25.3.4 the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) 25.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
(f) 25.3.6 the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 25.4 Except as provided by section 12 of the Sale of Goods Xxx 0000 and in this clause 525, Voip Unlimited all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract and the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.125.1.
5.5 25.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited the Supplier under clause 5.225.2.
25.6 The Customer will be liable for delivered goods unless notice of the alleged non-delivery is sent to the Supplier within two (2) Business Days of the receipt of the relevant invoice.
25.7 Subject to clause 25.2, if the Customer wishes to return goods, a valid returns request must be communicated to the Supplier’s customer care team (on 01494 436426 or via email at xxxxxx@xxxxxxx.xx.xx) within two (2) Business Days of delivery of the goods and approved by the Customer Care Manager. Valid reasons for return of goods include fulfilment error and defective product. Non-valid reasons for return of goods include out of date stock, short dated stock (where such stock has been in Customer storage), product damaged by Customer or over stocking by Customer. On receipt of an approved Returns Request, a returns order number will be issued to the Customer. Goods returned will be checked by the Supplier and a Credit note if required will be raised by the Customer Accounts team.
Appears in 1 contract
Samples: Terms and Conditions of Supply
QUALITY OF GOODS. 5.1 Voip Unlimited 4.1 The Supplier warrants that on delivery, for a period of 12 months from the date of the installation and commissioning of the Goods (warranty period),] the Goods shall:
(a) conform in all material respects with the Goods Specificationas detailed in the Goods section of the Supplier’s quotation;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimitedthe Supplier.
5.2 4.2 Subject to clause 5.34.3, if:
(a) the Customer gives notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimited) returns such Goods to Voip Unlimited's place of business at Voip Unlimited's cost, Voip Unlimited Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in fullfull if:
(a) the Customer gives notice in writing during the warranty period within five (5) Business Days of discovery that some or all of the Goods do not comply with the warranty set out in clause 4.1; and
(b) the Supplier is given a reasonable opportunity of examining such Goods.
5.3 Voip Unlimited 4.3 The Supplier shall not be liable for the Goods' ’ failure to comply with the warranty in clause 5.1 4.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Voip Unlimited's the Supplier’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;
(c) the defect arises as a result of Voip Unlimited following any drawing, design or Goods Specification supplied by the Customer;
(db) the Customer alters or repairs such Goods without the written consent of Voip Unlimited;the Supplier; or
(ec) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 4.4 Except as provided in this clause 54, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' ’ failure to comply with the warranty set out in clause 5.14.1.
5.5 4.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2the Supplier.
Appears in 1 contract
Samples: Terms & Conditions of Business
QUALITY OF GOODS. 5.1 Voip Unlimited Malary warrants that on delivery, delivery the Goods shall:
(a) conform in all material respects with the their description and any applicable Goods Specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(dc) be fit for any purpose held out by Voip UnlimitedMalary.
5.2 Subject to clause 5.3, if:
(a) if the Customer gives notice in writing to Malary within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;:
(ba) Voip Unlimited is given the Customer shall give Malary a reasonable opportunity of examining examine such Goods; and
(cb) the Customer (if asked to do so accepted by Voip Unlimited) returns such Goods to Voip Unlimited's place of business at Voip Unlimited's costMalary, Voip Unlimited it shall, at its option, repair or replace the defective Goods, Goods or refund the price of the defective Goods in full.
5.3 Voip Unlimited Malary shall not be liable for the Goods' failure to comply with the warranty set out in clause 5.1 ifin any of the following events:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Voip Unlimited's Xxxxxx'x oral or written instructions as to the storage, commissioning, installation, commissioning, use or and maintenance of the Goods or (if there are none) good trade practice;practice regarding the same; or
(c) the defect arises as a result of Voip Unlimited following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of Voip Unlimited;
(e) the defect arises as a result of fair wear and tear, ’s wilful damage, negligence, or abnormal storage or working conditions;
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited Malary shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms implied by sections 13 to 15 of these the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
5.6 These Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2Malary.
Appears in 1 contract
Samples: Terms and Conditions
QUALITY OF GOODS. 5.1 Voip Unlimited The Supplier warrants that on delivery, and for a period of 12 months from the date of delivery ("warranty period"), the Goods shall:
(a) 5.1.1 conform in all material respects with the Goods Specification;their description; and
(b) 5.1.2 be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 Subject to clause 5.3, the Supplier shall, at its option, repair or replace the defective Goods, if:
(a) 5.2.1 the Customer gives notice in writing during the warranty period within a reasonable time ten (10) Business Days of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited 5.2.2 the Supplier is given a reasonable opportunity of examining such Goods; and
(c) 5.2.3 the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Customer's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in fullcost (subject to clause 5.7).
5.3 Voip Unlimited The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) 5.3.1 the Customer is not up to date with its payment obligations under the Contract at the time of reporting the defect;
5.3.2 the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) 5.3.3 the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(c) 5.3.4 the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(d) 5.3.5 the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) 5.3.6 the defect arises as a result of fair wear and tear, wilful damage, negligencemisuse, or neglect, alteration, mishandling, abnormal working conditions;conditions or unauthorised manipulation by any person other than the Supplier’s authorised personnel; or
(f) 5.3.7 the Goods differ from the Goods Specification their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 If the Goods comprise or contain equipment or components which were not manufactured or produced by the Supplier, the Customer shall be entitled only to such warranty or other benefit as the Supplier has received from the manufacturer.
5.6 If the Customer re-sells any Goods, the Supplier shall not be obliged to accept warranty claims under this clause from the end user. The Customer shall be responsible for any subsequent correspondence with and warranty claims from the end user to which the Customer re-sells the Supplier’s products.
5.7 The Customer shall pay any shipping costs and expenses in the event that the Goods must be returned to the Supplier for repair, provided that:
5.7.1 the Supplier shall reimburse reasonable shipping costs where the Supplier finds that some or all of the Goods do not comply with the warranty set out in clause 5.1;
5.7.2 the Supplier shall not be liable for any loss or damage to the Equipment during transit from the Customer to the Supplier; and
5.7.3 where Goods are returned but are found by the Supplier to be compliant with the warranty set out in clause 5.1, the Supplier may charge the Customer fees for the repair, inspection, replacement and shipping of replacement Goods to the Customer.
5.8 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2the Supplier.
Appears in 1 contract
QUALITY OF GOODS. 5.1 Voip Unlimited CLAAS warrants that on delivery, the Goods shall:
(a) conform in all material respects with the Goods Specification;
(b) 5.1.1 be free from material defects in design, material and workmanshipworkmanship for a period of twelve (12) months;
5.1.2 fifteen (c15) be months after transfer of satisfactory quality (within risk of loss the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimitedwarranty rights shall expire and lapse. .
5.2 Subject The Customer may reject any Goods delivered to it that do not comply with clause 5.35.1, ifprovided that:
(a) 5.2.1 notice of rejection is given to CLAAS:
5.2.1.1 in the Customer gives notice case of a defect that is apparent on normal visual inspection, within 48 hours of delivery;
5.2.1.2 in writing the case of a latent defect, within a reasonable time of discovery that some or all the latent defect having become apparent but no later than 3 months from the date of delivery; and;
5.2.1.3 none of the Goods do not comply with the warranty set out events listed in clause 5.1;5.5 apply.
(b) Voip Unlimited is given a reasonable opportunity of examining such Goods; and
(c) 5.3 If the Customer (if asked fails to do so by Voip Unlimited) returns such Goods give notice of rejection in accordance with clause 5.2, it shall be deemed to Voip Unlimited's place of business at Voip Unlimited's costhave accepted these Goods.
5.4 Subject to clause 5.55.5, Voip Unlimited CLAAS shall, at its option, repair or replace the defective GoodsGoods (excluding the cost of labour), or refund provide credit to the Customer equal to the price of the defective Goods in fullfull if:
5.4.1 the Customer gives notice in writing in accordance with clause 5.2 and, if the defect occurs within the warranty period ahead of the period described in 5.2 by use of the prescribed warranty claim procedure;
5.4.2 CLAAS is given a reasonable opportunity of examining such Goods;
5.4.3 the Customer (if asked to do so by CLAAS) returns such Goods to CLAAS' place of business at the Customer's cost; and
5.4.4 (where the Goods are not manufactured by CLAAS) CLAAS itself has redress against the Manufacturer or supplier of the defective Goods except where the Goods are defective by reason of the negligence of an employee of CLAAS.
5.3 Voip Unlimited 5.5 CLAAS shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) 5.5.1 the defect arises because the Customer failed to follow Voip Unlimited's CLAAS' or the Manufacturer’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;
(c) 5.5.2 the defect arises as a result of Voip Unlimited CLAAS following any drawing, design or Goods Specification supplied by the Customer;
(d) 5.5.3 the Customer alters or repairs such Goods without the written consent of Voip UnlimitedCLAAS;
(e) 5.5.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;; or
(f) 5.5.5 the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 5.6 Except as provided in this clause 54.11.2, Voip Unlimited CLAAS shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 5.7 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited CLAAS for a period of 3 months. With reference to the price and discount system for the products CLAAS refunds only the costs of materials in those cases accepted under clause 5.2warranty. For warranty repairs, only original CLAAS parts are to be used by the Customer.
5.8 All parts of Goods replaced will become the property of CLAAS.
5.9 The warranty applies only to new Goods. The warranty is final. Any other rights, whether expressed implied by law or rights of any other kind, particularly claims for damages not having occurred on the Goods itself (consequential damage), cancellation or withdrawal from contract or reduction of prices, are hereby expressly waived and excluded, as far as permitted by law.
5.10 In case of defects in essential products bought from third parties and used by CLAAS in the machinery, CLAAS shall have the right to refer the Customer initially to the service organisation of the supplier concerned in respect of claims for repair or replacement, without this implying any limitation of the warranty given by CLAAS.
Appears in 1 contract
Samples: General Terms and Conditions for Deliveries and Services
QUALITY OF GOODS. 5.1 Voip Unlimited warrants The Supplier confirms that on delivery, and for a period of 14 days thereafter, the Supplier offers a swap out replacement for stock. . A manufacturer’s warranty of 24 months on handsets for manufacturer faults also applies except for Apple products, which is a 12 month manufacturer’s warranty from the date of delivery (warranty period), the Goods shall:
(a) conform in all material respects with the their description and any applicable Goods Specification;
(b) be free from material defects in design, material and workmanship;.
(c) be 5.2 The Customer acknowledges that the Supplier makes no warranty as to the Goods being of satisfactory quality (within or being fit for purpose, and that the meaning Supplier is not the manufacturer of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip UnlimitedGoods.
5.2 5.3 Subject to clause 5.35.4, if:
(a) the Customer gives notice in writing during the 14 day period referred to in clause 5.1 above, or within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimited's the Customer’s cost, Voip Unlimited the Supplier shall, at its option, repair or replace the defective Goods, provide Goods of substantially the equivalent type and value, or refund the price of the defective Goods in full.
5.3 Voip Unlimited 5.4 The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(c) the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the prior written consent of Voip Unlimitedthe Supplier;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
(f) the Goods differ from the Goods Specification their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards;
(g) the Goods have been improperly installed or connected where such installation or connection has not been carried out by Amicus Networks;
(h) the Customer has failed to adhere to any manufacturer’s maintenance instructions.
5.4 5.5 Except as provided in this clause 5, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 5.6 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited the Supplier under clause 5.2.
Appears in 1 contract
QUALITY OF GOODS. 5.1 Voip Unlimited The Supplier warrants that on for a period of 12 months from delivery, the Goods shall:
(a) conform in all material respects with the their description and any applicable Goods SpecificationSpecification subject to such reasonable trade tolerances;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 Subject to clause 5.3, the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full if:
(a) the Customer gives notice in writing during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Customer's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited The Supplier shall not be liable for the Goods' failure to comply with the warranty in or liable under clause 5.1 if5.1:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(c) the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer or an third party alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;; or
(f) the Goods differ from their description or the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards;
(g) the Customer has failed to pay any sums due under the Contract or any other contract with the Supplier.
5.4 The warranty does not include any liability for installation, associated costs or any consequential damages associated with any installation.
5.5 Except as provided in this clause 5, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 5.6 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2the Supplier.
Appears in 1 contract
QUALITY OF GOODS. 5.1 Voip Unlimited The Supplier warrants that on delivery, and for a period of 12 months from the date of delivery (Warranty Period), the Goods shall:
(a) 5.1.1 conform in all material respects with the Goods SpecificationOrder or any other guarantee provided by the Supplier;
(b) 5.1.2 be free from material defects in design, material and workmanship;
(c) be workmanship at the point of satisfactory quality (within the meaning of the Sale of Goods Act 1979)delivery; and
(d) 5.1.3 where the Supplier performs the Services and installs / uses the Goods, the Goods will be fit free from defects in material and workmanship for any purpose held out by Voip Unlimiteda period of three months from delivery, provided they are installed in accordance with manufacturer’s recommendations and used for their intended purpose.
5.2 Subject to clause 5.3, if:
(a) the Customer 5.2.1 Insta gives notice in writing during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;; and
(b) Voip Unlimited 5.2.2 the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer 5.2.3 Insta (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Supplier's cost, Voip Unlimited the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) the Customer 5.3.1 Insta makes any further use of such Goods after giving a notice in accordance with clause 5.2clause5.2;
(b) 5.3.2 the defect arises because the Customer Insta failed to follow Voip Unlimitedthe Supplier'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;
(c) 5.3.3 the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the CustomerInsta;
(d) the Customer 5.3.4 Insta alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
(f) 5.3.5 the Goods differ from the Goods Specification their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited the Supplier shall have no liability to the Customer Insta in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited the Supplier under clause 5.2.
Appears in 1 contract
Samples: Terms and Conditions
QUALITY OF GOODS. 5.1 Voip Unlimited The Supplier warrants that on delivery, and for a period of 12 months from the date of delivery ("warranty period"), the Goods shall:
(a) 5.1.1 conform in all material respects with their description and the Goods Specification;
(b) 5.1.2 be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 Subject to clause 5.3, the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full if:
(a) 5.2.1 the Customer gives notice in writing during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited 5.2.2 the Supplier is given a reasonable opportunity of examining such Goods; and
(c) 5.2.3 the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Customer's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) 5.3.1 the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) 5.3.2 the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(c) 5.3.3 the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(d) 5.3.4 the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) 5.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;; or
(f) 5.3.6 the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2the Supplier.
Appears in 1 contract
Samples: Supply Agreement
QUALITY OF GOODS. 5.1 Voip Unlimited 5.1. The Supplier warrants that on deliveryfor a period of 12 months from the date of completion of the Contract (Warranty Period), the Goods shall:
(a) conform in all material respects with the Goods Specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(dc) be fit for any purpose held out by Voip Unlimitedthe Supplier.
5.2 5.2. Subject to clause 5.3, if:
(a) the Customer gives notice in writing to the Supplier during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimitedthe Supplier) returns such Goods to Voip Unlimitedthe Supplier's place of business at Voip Unlimitedthe Customer's cost, Voip Unlimited the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited 5.3. The Supplier shall not be liable for the Goods' failure to comply with the warranty set out in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practicepractice regarding the same;
(c) the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;; or
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standardsrequirements.
5.4 5.4. Except as provided in this clause 5, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these 5.5. These Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2the Supplier.
Appears in 1 contract
QUALITY OF GOODS. 5.1 Voip Unlimited 9.1 In relation to water supplied by the Supplier, the Supplier warrants that:
9.1.1 the water is drawn from its source located at Xxxxxx House under abstraction licence number 27/169;
9.1.2 the water is not mixed with tap water or water from other sources;
9.1.3 the water is safe to drink up to the “Best Before” date specified on the bottle or container in which it is delivered;
9.1.4 save as set out in clause 9.2 the bottles which are provided by the Supplier and filled by the Supplier are fit for the purpose of holding water for sale as bottled water or for use with water coolers supplied by the Supplier.
9.2 Any bottles or other equipment developed by the Supplier as part of any Services are supplied without any warranty until such time as the Supplier notifies the Customer that the bottles or equipment are fit for the use specified.
9.3 Save as set out in clause 9.2, the Supplier warrants that on delivery, and for the Warranty Period, the Goods shall:
(a) 9.3.1 conform in all material respects with the their description and any applicable Goods Specification;
(b) 9.3.2 be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 9.4 Subject to the Consumer Appendix and subject to clause 5.39.5, if:
(a) the Customer gives notice in writing within a reasonable time of discovery that some or all of the and excluding any Goods do not comply with the warranty set out referred to in clause 5.1;
(b) Voip Unlimited is given a reasonable opportunity of examining such Goods; and
(c) 9.2, the Customer (if asked to do so by Voip Unlimited) returns such Goods to Voip Unlimited's place of business at Voip Unlimited's cost, Voip Unlimited Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in fullfull if:
9.4.1 the Customer gives notice in writing within a reasonable time of discovery and during the Warranty Period that some or all of the Goods do not comply with the warranty set out in clause 9.1;
9.4.2 the Supplier is given a reasonable opportunity of examining such Goods and the Goods appear to be defective; and
9.4.3 the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier's place of business at the Supplier's cost or, where specified by the Supplier, makes them available for collection by the Supplier.
5.3 Voip Unlimited 9.5 The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 9.3 or for other issues with the Goods if:
(a) 9.5.1 the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.29.3;
(b) 9.5.2 the defect arises because the Customer failed to follow Voip Unlimitedthe Supplier'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;
(c) 9.5.3 the defect arises as a result of Voip Unlimited the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(d) 9.5.4 the Customer alters or repairs such Goods without the written consent of Voip Unlimitedthe Supplier;
(e) 9.5.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;; or
(f) 9.5.6 the Goods differ from their description or, where appropriate, the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 9.6 Except as provided in the Consumer Appendix and this clause 59, Voip Unlimited the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.19.3.
5.5 9.7 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2the Supplier.
Appears in 1 contract
Samples: Supply Agreement