Common use of Return of Products Clause in Contracts

Return of Products. 5.1 THE PRECONDITIONS OF THE WARRANTY RIGHTS (CLAIMS BASED ON DEFECTS) OF THE CUSTOMER IN TERMS OF THIS BSH WARRANTY IS THAT THE CUSTOMER INSPECTS THE PRODUCT(S) UPON RECEIPT WITHOUT UNDUE DELAY AND GIVES WRITTEN NOTICE OF ANY VISIBLE DEFECTS AFTER THE INSPECTION, SPECIFYING THE DEFECT. NOTIFICATION MUST BE GIVEN TO BSH’S CALL CENTRE WITHIN A PERIOD OF 3 (THREE) BUSINESS DAYS OF DELIVERY. 5.2 A PRECONDITION OF THE WARRANTY RIGHTS (CLAIMS BASED ON DEFECTS) OF THE CUSTOMER IN TERMS OF THIS BSH WARRANTY IS THAT THE CUSTOMER NOTIFIES BSH WITHIN 3 (THREE) DAYS OF THE DISCOVERY OF ANY LATENT (HIDDEN) DEFECTS OF THE PRODUCT(S). 5.3 In the event that the CUSTOMER complies with clauses 5.1 and 5.2 above, and BSH is satisfied that the PRODUCT(S) are defective or do not conform to the specification or other description of the PRODUCT(S) on the invoice, then BSH shall, at BSH’S sole election, replace such PRODUCT(S) or repair such defective parts of the PRODUCT(S). 5.4 Except insofar as any statute provides to the contrary the undertakings contained in the preceding paragraphs of this clause are given in lieu of and to the exclusion of all conditions, warranties and representations whether express or implied by statute or otherwise as to the quality of the PRODUCT(S) or their fitness for any particular purpose or otherwise and BSH shall have no liability in respect of the PRODUCT(S) save as provided in clause 5.3. 5.5 To enable BSH to perform all rework and replace all parts BSH deems necessary, the CUSTOMER, upon consultation with BSH, shall allow enough time and afford sufficient opportunity to BSH to remedy the defects. SHOULD THE CUSTOMER FAIL TO DO SO, BSH SHALL BE RELEASED FROM ANY LIABILITY OR CONSEQUENCES ARISING THERE FROM. Only in urgent cases involving endangering of the operational safety and/or to prevent unreasonably serious damage - in which case the CUSTOMER shall notify BSH immediately - shall the CUSTOMER be entitled to either remedy the defect itself or have such defect remedied by third parties and to demand compensation from BSH for the expenses incurred. 5.6 SHOULD THERE BE AN ALLEGATION THAT ANY PRODUCT(S) ARE UNSAFE, INSUFFICIENT AND/OR DEFECTIVE; BSH SHALL NOT BE LIABLE FOR ANY HARM CAUSED WHERE SUCH ALLEGED UNSAFE CHARACTERISTIC, FAILURE, DEFECT OR HAZARD DID NOT EXIST IN THE PRODUCT(S) AT THE TIME AT WHICH THEY WERE SUPPLIED TO THE CUSTOMER BY BSH. THEREFORE IF NO SUCH NOTIFICATION IS RECEIVED IN TERMS OF CLAUSE 5.1 ABOVE, IT WILL BE REGARDED AS PRIMA FACIE PROOF THAT NO DEFECTS WERE PRESENT AT THE COMMENCEMENT DATE AND THAT THE PRODUCT(S) WERE RECEIVED IN GOOD ORDER. 5.7 The CUSTOMER may not however return to BSH any PRODUCT(S) for any reason whatsoever unless:- 5.7.1 The CUSTOMER and BSH have agreed thereto in writing to such return and to the conditions of such return; 5.7.2 the PRODUCT(S) are being returned in accordance with the provisions of clause 5.1 above; 5.7.3 the PRODUCT(S) were intended to satisfy a particular purpose communicated to BSH prior to the purchase thereof and have been found not to satisfy the purpose for which they were intended, within 7 (Seven) days of delivery and BSH has been notified of this within that time period. 5.7.4 the CUSTOMER was not permitted to inspect the PRODUCT(S) upon delivery thereof; or 5.7.5 the CUSTOMER is exercising its right to cool-off in terms of section 16 of the Consumer Protection Act 68 of 2008 as amended.