Supplier’s Warranty. 11.1 The Supplier warrants that: (a) on the date of delivery and for a period of 12 months thereafter (Warranty Period) the Goods and all their component parts, where applicable, (i) conform in all material respects with their description in the Specification Document; and (ii) are free from any material defects in design, workmanship, construction or materials, (b) the Service performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices. 11.2 Subject to clause 11.3, if (a) the Customer gives notice in writing during the Warranty Period within 21 days of discovery that some or all of the Goods do not comply with the warranty set out in clause 11.1; (b) the Supplier is given a reasonable opportunity of examining such Goods; and (c) the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier's place of business at the Customer's cost, the Supplier shall, at its option, repair or replace the defective Goods free of charge, or refund the price paid for the defective Goods in full. 11.3 The Supplier shall not be liable for the failure of the Goods to comply with the warranty in clause 11.1 if: (a) the Customer makes any further use of such Goods after giving notice to the Supplier in accordance with clause 11.2; (b) the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, installation, use or maintenance of the Goods or (if there are none) good trade practice; (c) the defect arises as a result of the Supplier following any drawing, design or specification supplied by the Customer; (d) the Customer alters or repairs such Goods without the prior written consent of the Supplier; (e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; (f) where any Goods the price of which is Ex-Works are lost or damaged or deteriorate in transit. 11.4 The Supplier's warranty is invalidated if the Customer does not pay for the Goods and/ or Service by the due date. 11.5 Except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded to the extent possible in relation to the Goods and Service to be provided by the Supplier. 11.6 The terms of the Agreement shall apply to any repaired or replacement Goods supplied by the Supplier under clause 11.2.
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Samples: Terms and Conditions of Sale and Supply of Service, Terms and Conditions of Sale and Supply of Service, Terms and Conditions of Sale and Supply of Service
Supplier’s Warranty. 11.1 5.1 The Supplier warrants thatthat the Goods supplied to the Customer under the Agreement shall:
(a) on conform to the date of delivery and for a period of 12 months thereafter (Warranty Period) the Goods and all their component parts, where applicable,Specification;
(ib) conform be of satisfactory quality (within the meaning of the Sale of Goods Xxx 0000, as amended) and fit for any purpose held out by the Supplier or made known to the Supplier by the Customer;
(c) be free from defects in all design, material respects with their description in the Specification Documentand workmanship and remain so for twenty-four (24) months after Delivery; and
(iid) are free from any material defects comply with all applicable statutory and regulatory requirements. The warranties contained in design(a), workmanship, construction or materials,
(b), (c) the Service performed under this Agreement and (d) above shall be performed using reasonable skill and care, and of a quality conforming collectively referred to generally accepted industry standards and practices.as the “Warranty”.
11.2 Subject 5.2 The Customer shall have the right to clause 11.3, if
(a) the Customer gives notice in writing during the Warranty Period within 21 days of discovery that some or all reject any quantity of the Goods which do not comply with the warranty set out in clause 11.1;
Warranty, provided that any purported rejection is made by written notice no later than thirty (b30) days from the Supplier is given a reasonable opportunity date of examining delivery of such Goods; and, or part thereof, in accordance with clause 6 or, if the defect would not be apparent on reasonable visual inspection, within three (3) months of the date of delivery in accordance with clause 6.
(c) 5.3 If the Customer (if asked to rejects any delivery of the Goods, or part thereof, which do so by not comply in full with the Supplier) returns such Goods to the Supplier's place of business at the Customer's costWarranty, the Supplier shall, at its optionCustomer’s sole discretion, repair or replace the defective Goods free of charge, or refund the price paid for the defective Goods in full.
11.3 The Supplier shall not be liable for the failure of the Goods to comply with the warranty in clause 11.1 ifwithin seven (7) days:
(a) supply replacement Goods which comply with the Warranty, in which event the Supplier shall be deemed not to be in breach of the Agreement or have any liability to the Customer makes any further use in respect of such Goods after giving notice to the Supplier in accordance with clause 11.2;rejected Goods; or
(b) reimburse Customer in full for the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, installation, use or maintenance value of the Goods or (if there are none) good trade practice;
(c) the defect arises as a result of the Supplier following and any drawing, design or specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the prior written consent of the Supplier;
(e) the defect arises as a result of fair wear costs and tear, wilful damage, negligence, or abnormal working conditions;
(f) where any Goods the price of which is Ex-Works are lost or damaged or deteriorate in transit.
11.4 The Supplier's warranty is invalidated if the Customer does not pay for the Goods and/ or Service by the due date.
11.5 Except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded to the extent possible in relation to the Goods and Service to be provided by the Supplier.
11.6 The terms of the Agreement shall apply to any repaired or replacement Goods supplied by the Supplier under clause 11.2.expenses.
Appears in 1 contract
Samples: Supply Agreement
Supplier’s Warranty. 11.1 The Supplier warrants that:
(a) on the date of delivery and for a period of 12 months thereafter (Warranty Period) the Goods and all their component parts, where applicable,
(i) conform in all material respects with their description in the Specification Document; and
(ii) are free from any material defects in design, workmanship, construction or materials,
(b) the Service services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
11.2 Subject to clause 11.3, if
(a) the Customer gives notice in writing during the Warranty Period within 21 days of discovery that some or all of the Goods do not comply with the warranty set out in clause 11.1;
(b) the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier's place of business at the Customer's cost, the Supplier shall, at its option, repair or replace the defective Goods free of charge, or refund the price paid for the defective Goods in full.
11.3 The Supplier shall not be liable for the failure of the Goods to comply with the warranty in clause 11.1 if:
(a) the Customer makes any further use of such Goods after giving notice to the Supplier in accordance with clause 11.2;
(b) the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, installation, use or maintenance of the Goods or (if there are none) good trade practice;
(c) the defect arises as a result of the Supplier following any drawing, design or specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the prior written consent of the Supplier;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
(f) where any Goods the price of which is Ex-Works are lost or damaged or deteriorate in transit.
11.4 The Supplier's warranty is invalidated if the Customer does not pay for the Goods and/ or Service Services by the due date.
11.5 Except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded to the extent possible in relation to the Goods and Service services to be provided by the Supplier.
11.6 The terms of the Agreement shall apply to any repaired or replacement Goods supplied by the Supplier under clause 11.2.
Appears in 1 contract
Samples: Terms and Conditions of Sale and Supply of Services