Warranties & Liability. 9.1 Subject to the conditions set out below Future Rooms warrants that at the time of delivery the Goods will correspond with their specification and will be free from defects in material and workmanship for a period of six months from the date of their initial use or twelve months from delivery, whichever is the first to expire. 9.2 The above warranty is given by Future Rooms subject to the following conditions: 9.2.1 Future Rooms shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer or any failure by the Buyer to install the Goods correctly or failure to comply with Future Rooms’ installation guidelines issued from time to time. For the avoidance of doubt, Future Rooms is a supplier of Goods and has no input into the design of any project which the Goods maybe incorporated into; 9.2.2 Future Rooms shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Future Rooms’ Installation instructions (whether oral or in writing), misuse, alteration or repair of the Goods without Future Rooms’ approval; 9.2.3 Future Rooms shall be under no liability for colour degradation in any materials or components incorporated in the Goods or used in their manufacture; 9.2.4 Future Rooms shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the Total Price has not been paid by the due date for payment; 9.2.5 If the Buyer makes any material alteration to any of the Goods without Future Rooms’ prior written approval then all warranties in the Goods either express or implied shall immediately become void. 9.3 The above warranty does not extend to parts, materials or equipment incorporated in the Goods but not manufactured by Future Rooms in respect of which the Buyer shall be entitled only to the benefit of any such warranty or guarantee as is given by the manufacturer to Future Rooms. 9.4 Subject as expressly provided in these Conditions, all warranties, representations, statements, conditions or other terms implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. 9.5 The Buyer shall within 7 days of the arrival of each delivery of the Goods, notify Future Rooms in writing of any defect by reason of which the Buyer alleges that the Goods delivered are not in accordance with the specification and which should be apparent on reasonable inspection. 9.6 If either party is affected by Force Majeure it shall promptly notify the other party of the nature and extent of the circumstances in question. 9.7 Notwithstanding any other provision of this Agreement neither party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other, for any delay in performance or the non-performance of any of its obligations under this Contract, to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly. 9.8 If at any time Future Rooms claims Force Majeure in respect of its obligations under this Agreement with regard to the supply of the Goods, Future Rooms shall be entitled to obtain from any other person such quantity of the Goods as Future Rooms is unable to supply and Future Rooms shall be entitled to supply those goods to the Buyer and the Buyer shall not be entitled to reject those goods on the basis that they have not been manufactured by Future Rooms. 9.9 As a condition precedent to any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification the Buyer shall notify Future Rooms in writing within 7 days after discovery of the defect or failure. If the Buyer does not notify Future Rooms accordingly, the Buyer shall not be entitled to reject the Goods and Future Rooms shall have no liability for any such defect or failure, and the Buyer shall be bound to pay the Total Price as if the Goods have been in accordance with the Contract and any specification. 9.10 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to Future Rooms in accordance with these Conditions, Future Rooms shall be entitled to repair or replace the Goods (or the part in question) or at Future Rooms’ sole discretion, refund to the Buyer the Total Price where all of the Goods are defective (or a proportionate part of the Goods Price where not all the Goods are defective) but Future Rooms shall have no further liability to the Buyer. 9.11 Except in respect of death or personal injury caused by Future Rooms’ negligence Future Rooms shall not be liable to the Buyer for any indirect, special, incidental, economic or consequential loss or damage including, without limitation, loss or damage incurred as a result of loss of time, loss of savings, loss of data, loss of goodwill, loss of business or loss of profits which arise out of or in connection with the supply of the Goods or their use or sale by the Buyer, except as expressly provided in these Conditions and Future Rooms’ entire liability for any claim, whether in contract, tort (including negligence) or otherwise, for any loss or damage whatsoever, arising out of or in connection with the Contract or otherwise shall not in any event exceed the Total Price of the Goods in respect of any event or series of connected events.. 9.12 Future Rooms shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or failure to perform, any of Future Rooms’ obligations in relation to the Goods, if the delay or failure was due to any cause beyond Future Rooms’ reasonable control.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Warranties & Liability. 9.1 Subject 8.1 The Customer acknowledges that the prices for the Goods have been determined on the basis of the following limitations and exclusions of liability and the Customer expressly agrees that these limitations are reasonable because of (amongst other things):
8.1.1 the likelihood that the damages awardable to the conditions Customer for a breach by Brabantia of the Agreement would be disproportionately greater than the value of the Agreement to Brabantia; and
8.1.2 the likelihood that the Customer will be in a better position than Brabantia to insure itself in a cost effective manner against any damage flowing from any breach by Brabantia of the Agreement.
8.2 Brabantia gives the warranty set out below Future Rooms warrants on the packaging that at accompanies the time of delivery the Goods will correspond with their specification and will be free from defects in material and workmanship for a period of six months from the date of their initial use or twelve months from deliveryGoods, whichever is the first to expire.
9.2 The above warranty is given by Future Rooms subject to the following conditionsprovided that:
9.2.1 Future Rooms shall 8.2.1 Brabantia will be under no liability in respect of any defect in the Goods arising arising, at any time after delivery to the Customer, from any drawing, design or specification supplied by the Buyer or any failure by the Buyer to install the Goods correctly or failure to comply with Future Rooms’ installation guidelines issued from time to time. For the avoidance of doubt, Future Rooms is a supplier of Goods and has no input into the design of any project which the Goods maybe incorporated into;
9.2.2 Future Rooms shall be under no liability in respect of any defect arising from fair wear and tear; use or storage in or under abnormal conditions, wilful damagemisuse, negligence, abnormal working conditions, wilful damage or failure to follow Future Rooms’ Installation Brabantia’s instructions (whether oral or in writing)) on the part of any person, misuse, other than Brabantia and its employees or agents; or alteration or repair of the Goods without Future Rooms’ Xxxxxxxxx’s express approval;
9.2.3 Future Rooms shall be under 8.2.2 Brabantia will have no liability to the Customer in respect of any claim (whether for colour degradation in breach of this clause 8.2 or otherwise) that arises out of any materials failure by the Customer to ensure that reasonable steps are taken prior to any particular use (whether by the Customer or components incorporated in any other person) to verify that the Goods or used in their manufactureare suitable for that particular use;
9.2.4 Future Rooms 8.2.3 Brabantia shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the Total Price total price for the Goods has not been paid by the due date for payment;; and
9.2.5 If 8.2.4 the Buyer makes any material alteration to any of the Goods without Future Rooms’ prior written approval then all warranties in the Goods either express or implied shall immediately become void.
9.3 The above warranty does not extend to consumable items or to any parts, materials or equipment incorporated in the Goods but not manufactured by Future Rooms Brabantia, in respect of which the Buyer shall Customer will only be entitled only to the benefit of any such warranty or guarantee as is given by the manufacturer to Future RoomsBrabantia.
9.4 8.3 Subject as expressly provided in these Conditionsthe Agreement, all warranties, representations, statements, conditions or other terms implied by statute or statute, common law or otherwise are excluded to the fullest extent permitted by law.
9.5 The Buyer shall within 7 days of law and the arrival of each delivery of the Goods, notify Future Rooms Customer acknowledges in writing of any defect by reason of which the Buyer alleges particular that the Goods delivered are standard products and that no warranty or other assurance is given by Brabantia that the Goods are suitable for any particular purpose, whether or not that purpose has been made known to Brabantia.
8.4 The Customer will notify any damage, defect or shortage in accordance with respect of the specification Goods to Brabantia in writing and if requested to do so by Brabantia, return to Brabantia any Goods alleged to be defective or damaged:
8.4.1 in the case of any shortage, or any damage or defect which should be have been apparent on reasonable inspectiondelivery, promptly and in any event within 10 days of delivery;
8.4.2 in the case of any damage or defect which was not reasonably apparent on delivery, promptly and in any event within 10 days of that damage or defect becoming apparent or 12 months from the date of delivery, whichever is the shorter period; failing which all liability on Brabantia's part in respect of such shortage, damage or defect is excluded.
9.6 If either party 8.5 In respect of any damage or defect for which Brabantia is affected by Force Majeure it shall promptly notify liable to the other party Customer (whether under clause 8.2 or otherwise) or for any shortage, Brabantia's liability to the Customer will be limited, at Brabantia's discretion:
8.5.1 (in the case of damage or defects) to the repair or replacement of the nature and extent damaged or defective Goods (or any parts); or
8.5.2 (in the case of a shortage) the supply of such additional Goods as may be necessary to make up the shortage; or
8.5.3 (in the case of damage, defects or shortages) a refund or credit of the circumstances price, or a proportion of the price, attributable to the Goods in question.
9.7 Notwithstanding 8.6 Where the Customer is entitled to return the Goods, the Customer must contact Brabantia to explain the reasons for returning the Goods, provide details of the delivery note number or invoice number and obtain a returns merchandise authorisation number. For the avoidance of doubt, save as provided by this clause 7 or otherwise expressly agreed in writing by Brabantia in a particular case, the Customer will have no right to reject any Goods delivered by Brabantia or otherwise to return any Goods to Brabantia. Where the Customer rejects Goods delivered by Xxxxxxxxx or otherwise returns such Goods to Brabantia where it has no right to do so and, at Brabantia's absolute discretion, Xxxxxxxxx agrees to accept the return of the Goods then without prejudice to any other provision of this Agreement neither party right or remedy, the Customer shall be deemed to be in breach of this Agreement, or otherwise be liable to pay to Brabantia on demand any freight, handling and storage costs incurred by Brabantia in relation to the other, for any delay in performance or the non-performance of any of its obligations under this Contractrelevant Goods and, to reflect the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other partyadministrative and remarketing costs and risks anticipated by Brabantia, and the time for performance of that obligation shall be extended accordingly.
9.8 If at any time Future Rooms claims Force Majeure in respect of its obligations under this Agreement with regard to the supply an additional 30% of the Goods, Future Rooms shall be entitled to obtain from any other person such quantity total price of the Goods as Future Rooms is unable to supply and Future Rooms shall be entitled to supply those goods to the Buyer and the Buyer shall not be entitled to reject those goods on the basis that they have not been manufactured by Future Roomsreturned (excluding value added or other sales tax).
9.9 As a condition precedent to any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification the Buyer shall notify Future Rooms in writing within 7 days after discovery of the defect or failure. If the Buyer does not notify Future Rooms accordingly, the Buyer shall not be entitled to reject the Goods and Future Rooms shall have no liability for any such defect or failure, and the Buyer shall be bound to pay the Total Price as if the Goods have been in accordance with the Contract and any specification.
9.10 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to Future Rooms in accordance with these Conditions, Future Rooms shall be entitled to repair or replace the Goods (or the part in question) or at Future Rooms’ sole discretion, refund to the Buyer the Total Price where all of the Goods are defective (or a proportionate part of the Goods Price where not all the Goods are defective) but Future Rooms shall have no further liability to the Buyer.
9.11 Except in respect of death or personal injury caused by Future Rooms’ negligence Future Rooms 8.7 Brabantia shall not be liable to the Buyer Customer (whether by reason of any negligence by Brabantia or any of its employees or agents, any non-fraudulent misrepresentation, any breach of contract or an express or implied warranty, condition or other term, breach of statutory duty or otherwise) for any indirect, special, incidental, economic or consequential loss or damage including, without limitation, loss or damage incurred as a result of any:
8.7.1 loss of time, profits; or
8.7.2 damage to reputation; or
8.7.3 loss of anticipated savings, ; or
8.7.4 loss of data, anticipated revenues; or
8.7.5 loss of business opportunities; or
8.7.6 loss of contracts; or
8.7.7 loss of goodwill; or
8.7.8 claim, loss of business action or loss of profits demand made against the Customer by any third party; or
8.7.9 indirect loss, damage, cost, expense or claim whatsoever; which arise arises out of or in connection with the supply Agreement.
8.8 The aggregate liability (inclusive of interest and legal and other costs) of Brabantia to the Goods or their use or sale by the Buyer, except as expressly provided Customer in these Conditions and Future Rooms’ entire liability for any claim, whether in contract, tort (including negligence) or otherwise, for any loss or damage whatsoever, respect of all claims arising out of under or in connection with the Contract Agreement (whether by reason of any negligence by Brabantia or otherwise any of its employees or agents, any non-fraudulent misrepresentation, any breach of contract or an express or implied warranty, condition or other term, breach of statutory duty or otherwise) shall not in any event exceed the Total Price total price of the Goods in respect of any event or series of connected events..Goods.
9.12 Future Rooms shall 8.9 Brabantia will not be liable to the Buyer Customer or be deemed to be in breach of the Contract by reason Agreement as a result of any delay in performing performing, or failure to perform, any of Future Rooms’ its obligations in relation to under the Goods, if Agreement where the delay or failure was due to any cause caused by circumstances beyond Future Rooms’ Xxxxxxxxx's reasonable control, including (but not limited to) any governmental restriction, machinery breakdown, power failure, industrial action or shortage of raw materials.
8.10 Nothing in the Agreement shall operate to limit or exclude the liability of either party for death or personal injury caused by the negligence of that party, or for fraudulent misrepresentation or for any other matter in respect of which liability cannot lawfully be limited or excluded.
Appears in 1 contract
Samples: Conditions of Sale
Warranties & Liability. 9.1 Subject 6.1 In accordance with the applicable statutory rules, the supplier fully and unconditionally warrants the goods and services delivered.
6.2 Any payment of the purchase price by WashTec shall not constitute a waiver of its right to give notice of defects and its defence regarding a non- conforming delivery of or defects in the conditions set out below Future Rooms warrants that at goods.
6.3 In urgent cases, in particular in order to avoid an impending danger or an increase in damage, WashTec may itself remedy any defects or have such defects remedied by a third party. Any costs incurred by WashTec in this connection shall be borne by the time supplier.
6.4 In the event samples are used, the features of delivery the Goods will correspond with their specification and any such sample will be free from deemed to have been warranted. The goods delivered shall be in conformity with the sample.
6.5 WashTec shall give notice of any obvious defects as soon as those are discovered in the ordinary course of business; in other cases, WashTec shall give notice of hidden defects within 10 working days following discovery thereof.
6.6 A new warranty period shall begin for goods which have been repaired or replaced on the day of repair or replacement.
6.7 If, as a result of defects in material and workmanship the products of WashTec which can be attributed to goods or services furnished by the supplier, legal action is instituted against WashTec based on violations of official safety regulations or on domestic or foreign product liability regulations or statutes, then the supplier shall indemnify WashTec against any third party claims for compensatory damages. WashTec shall have this right of recourse for a period of six months from the date of their initial use or twelve months from delivery, whichever is the first to expire.
9.2 The above warranty is given by Future Rooms subject to the following conditions:
9.2.1 Future Rooms shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer or any failure by the Buyer to install the Goods correctly or failure to comply with Future Rooms’ installation guidelines issued from time to time. For the avoidance of doubt, Future Rooms is a supplier of Goods and has no input into the design of any project which the Goods maybe incorporated into;
9.2.2 Future Rooms shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Future Rooms’ Installation instructions (whether oral or in writing), misuse, alteration or repair of the Goods without Future Rooms’ approval;
9.2.3 Future Rooms shall be under no liability for colour degradation in any materials or components incorporated in the Goods or used in their manufacture;
9.2.4 Future Rooms shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the Total Price has not been paid by the due date for payment;
9.2.5 If the Buyer makes any material alteration to any of the Goods without Future Rooms’ prior written approval then all warranties in the Goods either express or implied shall immediately become void.
9.3 The above warranty does not extend to parts, materials or equipment incorporated in the Goods but not manufactured by Future Rooms in respect of which the Buyer shall be entitled only to the benefit of any such warranty or guarantee as is given by the manufacturer to Future Rooms.
9.4 Subject as expressly provided in these Conditions, all warranties, representations, statements, conditions or other terms implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
9.5 The Buyer shall within 7 days of the arrival of each 10 years after delivery of the Goodsgoods. The supplier shall furthermore indemnify WashTec against any and all compensatory damage and warranty claims instituted by customers, notify Future Rooms in writing insofar as such claims arise from defective goods and services furnished or from the fault of the supplier or one of its vicarious agents; this shall also apply with respect to consequential damages and costs. WashTec’s right of recourse shall not lapse as long as its customers may institute such claims against WashTec. At a minimum, however, the statutory limitations shall be applied. The damages shall also include the costs of any defect by reason of precautionary recalls which the Buyer alleges that the Goods delivered are not in accordance with the specification and which should be apparent on reasonable WashTec may have instituted after having conducted a proper inspection.
9.6 If either party is affected by Force Majeure it shall promptly notify 6.8 The supplier agrees to maintain a product liability insurance with adequate coverage. In the other party of the nature and extent of the circumstances in question.
9.7 Notwithstanding any other provision of this Agreement neither party shall be deemed to be in breach of this Agreementevent WashTec asserts more extensive damage claims, or otherwise be liable to the other, for any delay in performance or the non-performance of any of its obligations under this Contract, to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly.
9.8 If at any time Future Rooms claims Force Majeure in respect of its obligations under this Agreement with regard to the supply of the Goods, Future Rooms shall be entitled to obtain from any other person such quantity of the Goods as Future Rooms is unable to supply and Future Rooms shall be entitled to supply those goods to the Buyer and the Buyer these shall not be entitled to reject those goods on the basis that they have not been manufactured by Future Roomsthereby affected.
9.9 As 6.9 The supplier shall maintain a condition precedent quality assurance program which has the appropriate type and scope and which conforms to any claim by the Buyer which is based on any defect latest state of the art technology, and shall furnish proof thereof if so requested. It agrees to fully meet the requirements of quality specified in the quality or condition contract of delivery with respect to the Goods or their failure to correspond with specification the Buyer shall notify Future Rooms in writing within 7 days after discovery of the defect or failure. If the Buyer does not notify Future Rooms accordinglygoods delivered, the Buyer shall not be entitled to reject the Goods and Future Rooms shall have no liability for any such defect or failure, manufacturing processes and the Buyer production of evidence. To the extent a quality assurance agreement has been concluded between WashTec and the supplier, the regulations of such agreement shall be bound apply with respect to pay the Total Price as if the Goods have been in accordance with the Contract and any specification.
9.10 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to Future Rooms in accordance with these Conditions, Future Rooms shall be entitled to repair or replace the Goods (or the part in question) or at Future Rooms’ sole discretion, refund to the Buyer the Total Price where all of the Goods are defective (or a proportionate part of the Goods Price where not all the Goods are defective) but Future Rooms shall have no further liability to the Buyerassurance program.
9.11 Except in respect of death or personal injury caused by Future Rooms’ negligence Future Rooms shall not be liable to the Buyer for any indirect, special, incidental, economic or consequential loss or damage including, without limitation, loss or damage incurred as a result of loss of time, loss of savings, loss of data, loss of goodwill, loss of business or loss of profits which arise out of or in connection with the supply of the Goods or their use or sale by the Buyer, except as expressly provided in these Conditions and Future Rooms’ entire liability for any claim, whether in contract, tort (including negligence) or otherwise, for any loss or damage whatsoever, arising out of or in connection with the Contract or otherwise shall not in any event exceed the Total Price of the Goods in respect of any event or series of connected events..
9.12 Future Rooms shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or failure to perform, any of Future Rooms’ obligations in relation to the Goods, if the delay or failure was due to any cause beyond Future Rooms’ reasonable control.
Appears in 1 contract
Samples: Terms and Conditions of Purchase
Warranties & Liability. 9.1 Subject 10.1 The Seller as a re-seller of the Goods shall use all reasonable endeavours to pass on the benefit of any warranties in relation to the conditions set out below Future Rooms warrants that at Goods which are received by the time of delivery the Goods will correspond with their specification and will be free from defects in material and workmanship for a period of six months Seller from the date manufacturer of their initial the Goods, it being for the Buyer to ensure it complies with the terms (including manufacturer’s instructions as to use or twelve months from delivery, whichever is of the first Goods) applicable to expirethose warranties as communicated by the Seller to the Buyer.
9.2 10.2 The above warranty is given by Future Rooms subject Seller shall use reasonable endeavours to provide the following conditions:Services with all due care, skill and diligence.
9.2.1 Future Rooms 10.3 The Seller shall not in any event be under no liability liable in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer or any failure by the Buyer to install the Goods correctly or failure to comply with Future Rooms’ installation guidelines issued from time to time. For the avoidance of doubt, Future Rooms is a supplier of Goods and has no input into the design of any project which the Goods maybe incorporated into;
9.2.2 Future Rooms shall be under no liability in respect of any defect arising from fair wear and tearBuyer, wilful damage, negligence, abnormal working conditions, failure to follow Future Rooms’ Installation instructions (whether oral or in writing)damage to, misuse, alteration or repair of the Goods without Future Rooms’ the Seller’s approval;.
9.2.3 Future Rooms 10.4 The Seller shall not be liable under no liability for colour degradation in any materials clause
10.1 or components incorporated in the Goods or used in their manufacture;
9.2.4 Future Rooms shall be under no liability under the above warranty 10.2 (or any other warranty, condition or guarantee) if until the Total Price total price for the Goods and/or Services has not been paid by the due date for payment;
9.2.5 If the Buyer makes any material alteration to any of the Goods without Future Rooms’ prior written approval then all warranties in the Goods either express or implied shall immediately become voidBuyer.
9.3 The above warranty does not extend to parts, materials or equipment incorporated in the Goods but not manufactured by Future Rooms in respect of which the Buyer shall be entitled only to the benefit of any such warranty or guarantee as is given by the manufacturer to Future Rooms.
9.4 Subject 10.5 Save as expressly provided in these ConditionsConditions or otherwise agreed in Writing by the Seller with the Buyer, all warranties, representations, statements, conditions or other terms express or implied by statute or statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
9.5 The Buyer shall within 7 days of the arrival of each delivery of the Goods, notify Future Rooms in writing of any defect by reason of which the Buyer alleges that the Goods delivered are not in accordance with the specification and which should be apparent on reasonable inspection.
9.6 If either party is affected by Force Majeure it shall promptly notify the other party of the nature and extent of the circumstances in question.
9.7 Notwithstanding any other provision of this Agreement neither party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other, for any delay in performance or the non-performance of any of its obligations under this Contract, to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly.
9.8 If at any time Future Rooms claims Force Majeure in respect of its obligations under this Agreement with regard to the supply of the Goods, Future Rooms shall be entitled to obtain from any other person such quantity of the Goods as Future Rooms is unable to supply and Future Rooms shall be entitled to supply those goods to the Buyer and the Buyer shall not be entitled to reject those goods on the basis that they have not been manufactured by Future Rooms.
9.9 As a condition precedent to any 10.6 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to the Buyer shall notify Future Rooms in writing Seller within 7 days a reasonable time after discovery of the defect or failure. If delivery is not refused and the Buyer does not notify Future Rooms the Seller accordingly, the Buyer shall not be entitled to reject the Goods and Future Rooms the Seller shall have no liability for any such defect or failure, failure and the Buyer shall be bound to pay the Total Price price as if the Goods have had been delivered in accordance with the Contract and any specificationContract.
9.10 10.7 Where any valid claim in respect of any of the Goods or Services which is based on the Seller’s liability in respect of:
(a) any defect in the quality or condition of the Goods;
(b) any defect in the performance of the Services; or
(c) the failure of the Goods or their failure and/or Services to meet specification specification; is notified to Future Rooms the Seller in accordance with these Conditions, Future Rooms the Seller shall be entitled to either:
(i) repair the Goods (or the part in question);
(ii) replace the Goods (or the part in question);
(iii) re-perform or procure the re- performance of the Services; or
(iv) at Future Rooms’ the Seller’s sole discretion, refund to the Buyer the Total Price where all price of the Goods are defective and/or Services (or a proportionate part of the Goods Price where not all price). and, to the Goods are defective) but Future Rooms fullest extent permitted by law, the Seller shall have no further liability to the Buyer.
9.11 Except 10.8 Nothing in respect of these Conditions shall limit the Seller’s liability for death or personal injury caused by Future Rooms’ negligence Future Rooms shall the Seller’s negligence, fraud, fraudulent misrepresentation or any other matter for which liability may not be liable limited under applicable laws.
10.9 Subject to clause 10.6, in no event shall the Seller have any liability whatsoever to the Buyer Buyer, whether in contract, tort (including negligence), or otherwise for any indirect, special, incidental, economic or consequential loss or damage including, without limitation, loss or damage incurred as a result of loss of time, loss of savings, loss of data, loss of goodwill, loss of business or loss of profits which arise out of or in connection with profits.
10.10 Subject to clause 10.6, the supply of the Goods or their use or sale by the Buyer, except as expressly provided in these Conditions and Future Rooms’ Seller’s entire liability for any claim, whether in contract, tort (including negligence) or otherwise, for any loss or damage whatsoever, arising out of or in connection with the Contract or otherwise shall not in any event exceed the Total Price price of the Goods and/or Services in respect of any event or series of connected events...
9.12 Future Rooms 10.11 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing performing, or any failure to perform, any of Future Rooms’ the Seller’s obligations in relation to under the GoodsContract, if the delay or failure was due to any cause beyond Future Rooms’ the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
(a) Act of God, explosion, flood, tempest, fire or accident;
(b) war or threat of war, sabotage, insurrection, civil disturbance, epidemic, pandemic or requisition or malicious damage;
(c) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
(d) import or export regulations or embargoes;
(e) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
(f) failure of a utility service or transport or telecommunications network; or
(g) difficulties of the Seller’s suppliers in obtaining raw materials, labour, fuel or parts of machinery.
Appears in 1 contract
Samples: Sales Contracts
Warranties & Liability. 9.1 Subject 13.1 The Seller as a re-seller of the Goods shall use all reasonable endeavours to pass on the benefit of any warranties in relation to the conditions set out below Future Rooms warrants that at Goods which are received by the time Seller from the manufacturer of the Goods, it being for the Buyer to ensure it complies with the terms (including manufacturer’s instructions as to use of the Goods) applicable to those warranties as communicated by the Seller to the Buyer.
13.2 All parts of the Goods of the Seller, with the exception of consumable items, evacuated devices, glassware, batteries, high voltage and high frequency cables supplied and installed by the Seller are guaranteed for twelve months unless specifically stated from the date of delivery the Goods will correspond with their specification and will to be free from defects in material workmanship or material. Any parts so failing will be replaced or repaired without charge. This guarantee does not cover damage resulting from carelessness or failure to follow operation instructions. The liability of the Seller arising out of the supply of the Goods or its use, whether on warrantee or otherwise, shall not in any case exceed the cost of correcting defects in the Goods and workmanship for a period of six months from after the date of their initial use or said twelve months from deliveryperiod such liability shall terminate. Furthermore, whichever all liability on the Seller’s part under this guarantee is dependent upon payment obligations being met by the first Buyer. The guarantee is rendered null and void in every case where modifications, repairs, routine maintenance, service or any form of work are carried out by third parties without the written consent of the Seller. The Buyer hereby agrees to expireallow use of any of the equipment supplied by the Seller to be carries out by authorised personnel only.
9.2 13.3 The above warranty is given by Future Rooms subject Seller shall use reasonable endeavours to provide the following conditions:Services with all due care, skill and diligence.
9.2.1 Future Rooms 13.4 The Seller shall not in any event be under no liability liable in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer or any failure by the Buyer to install the Goods correctly or failure to comply with Future Rooms’ installation guidelines issued from time to time. For the avoidance of doubt, Future Rooms is a supplier of Goods and has no input into the design of any project which the Goods maybe incorporated into;
9.2.2 Future Rooms shall be under no liability in respect of any defect arising from fair wear and tearBuyer, wilful damage, negligence, abnormal working conditions, failure to follow Future Rooms’ Installation instructions (whether oral or in writing)damage to, misuse, alteration or repair of the Goods without Future Rooms’ the Seller’s approval;.
9.2.3 Future Rooms 13.5 The Seller shall not be liable under no liability for colour degradation in any materials clause 13.1 or components incorporated in the Goods or used in their manufacture;
9.2.4 Future Rooms shall be under no liability under the above warranty 13.2 (or any other warranty, condition or guarantee) if until the Total Price total price for the Goods and/or Services has not been paid by the due date for payment;
9.2.5 If the Buyer makes any material alteration to any of the Goods without Future Rooms’ prior written approval then all warranties in the Goods either express or implied shall immediately become voidBuyer.
9.3 The above warranty does not extend to parts, materials or equipment incorporated in the Goods but not manufactured by Future Rooms in respect of which the Buyer shall be entitled only to the benefit of any such warranty or guarantee as is given by the manufacturer to Future Rooms.
9.4 Subject 13.6 Save as expressly provided in these ConditionsConditions or otherwise agreed in Writing by the Seller with the Buyer, all warranties, representations, statements, conditions or other terms express or implied by statute or statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
9.5 The Buyer shall within 7 days of the arrival of each delivery of the Goods, notify Future Rooms in writing of any defect by reason of which the Buyer alleges that the Goods delivered are not in accordance with the specification and which should be apparent on reasonable inspection.
9.6 If either party is affected by Force Majeure it shall promptly notify the other party of the nature and extent of the circumstances in question.
9.7 Notwithstanding any other provision of this Agreement neither party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other, for any delay in performance or the non-performance of any of its obligations under this Contract, to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly.
9.8 If at any time Future Rooms claims Force Majeure in respect of its obligations under this Agreement with regard to the supply of the Goods, Future Rooms shall be entitled to obtain from any other person such quantity of the Goods as Future Rooms is unable to supply and Future Rooms shall be entitled to supply those goods to the Buyer and the Buyer shall not be entitled to reject those goods on the basis that they have not been manufactured by Future Rooms.
9.9 As a condition precedent to any 13.7 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to the Buyer shall notify Future Rooms in writing Seller within 7 days a reasonable time after discovery of the defect or failure. If delivery is not refused and the Buyer does not notify Future Rooms the Seller accordingly, the Buyer shall not be entitled to reject the Goods and Future Rooms the Seller shall have no liability for any such defect or failure, failure and the Buyer shall be bound to pay the Total Price price as if the Goods have had been delivered in accordance with the Contract and any specificationContract.
9.10 13.8 Where any valid claim in respect of any of the Goods or Services which is based on the Seller’s liability in respect of:
13.8.1 any defect in the quality or condition of the Goods;
13.8.2 any defect in the performance of the Services; or
13.8.3 the failure of the Goods or their failure and/or Services to meet specification specification; is notified to Future Rooms the Seller in accordance with these Conditions, Future Rooms the Seller shall be entitled to either:
13.8.4 repair the Goods (or the part in question);
13.8.5 replace the Goods (or the part in question) );
13.8.6 re-perform or procure the re-performance of
13.8.7 the Services; or
13.8.8 at Future Rooms’ the Seller’s sole discretion, refund to the Buyer the Total Price where all price of the Goods are defective and/or Services (or a proportionate part of the Goods Price where not all price). and, to the Goods are defective) but Future Rooms fullest extent permitted by law, the Seller shall have no further liability to the Buyer.
9.11 Except 13.9 Nothing in respect of these Conditions shall limit the Seller’s liability for death or personal injury caused by Future Rooms’ negligence Future Rooms shall the Seller’s negligence, fraud, fraudulent misrepresentation or any other matter for which liability may not be liable limited under applicable laws.
13.10 Subject to clause 13.6, in no event shall the Seller have any liability whatsoever to the Buyer Buyer, whether in contract, tort (including negligence), or otherwise for any indirect, special, incidental, economic or consequential loss or damage including, without limitation, loss or damage incurred as a result of loss of time, loss of savings, loss of data, loss of goodwill, loss of business or loss of profits which arise out of or in connection with profits.
13.11 Subject to clause 13.6, the supply of the Goods or their use or sale by the Buyer, except as expressly provided in these Conditions and Future Rooms’ Seller’s entire liability for any claim, whether in contract, tort (including negligence) or otherwise, for any loss or damage whatsoever, arising out of or in connection with the Contract or otherwise shall not in any event exceed the Total Price price of the Goods and/or Services in respect of any event or series of connected events...
9.12 Future Rooms 13.12 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing performing, or any failure to perform, any of Future Rooms’ the Seller’s obligations in relation to under the GoodsContract, if the delay or failure was due to any cause beyond Future Rooms’ the Seller’s reasonable control.. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
13.12.1 Act of God, explosion, flood, tempest, fire or accident;
13.12.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition or malicious damage;
13.12.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental,
13.12.4 parliamentary or local authority;
13.12.5 import or export regulations or embargoes;
13.12.6 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
Appears in 1 contract
Samples: Terms and Conditions
Warranties & Liability. 9.1 8.1 Subject to the conditions set out below Future Rooms Kingspan warrants that at the time of delivery the Goods will correspond with their specification and/or declaration of performance and will be free from defects in material and workmanship for a period of six months from the date of their initial use or twelve (12) months from delivery, whichever is . Kingspan warrants that the first to expireGoods comply with EN14509 standard.
9.2 8.2 The above warranty is given by Future Rooms Kingspan subject to the following conditions:
9.2.1 Future Rooms 8.2.1 Kingspan shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer or any failure by the Buyer to handle, store or install the Goods correctly or failure to comply with Future Rooms’ installation Xxxxxxxx’s applicable guidelines issued from time to time. For the avoidance of doubt, Future Rooms Xxxxxxxx is a supplier of Goods and has no input into the design of any project which the Goods maybe may be incorporated into;
9.2.2 Future Rooms 8.2.2 Kingspan shall be under no liability for any defect in the Goods caused by improper unloading of the Goods;
8.2.3 Kingspan shall be under no liability for any defect of built-in Goods which defect should have been noticed by the Buyer upon delivery of the Goods, and consequently Kingspan shall be under no liability for the cost of uninstalling and remanufacturing the Goods and reinstalling the new Goods;
8.2.4 Kingspan shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Future Rooms’ Installation Kingspan’s instructions (whether oral or in writing), misuse, alteration or repair of the Goods without Future Rooms’ Kingspan’s approval;
9.2.3 Future Rooms 8.2.5 Kingspan shall be under no liability for colour degradation in any materials or components incorporated in the Goods or used in their manufacture;
9.2.4 Future Rooms 8.2.6 Due to the manufacturing technology, surface unevenness and waviness may occur in the case of flat steel (FLAT profiled) panels. Kingspan shall not be liable for these defects and excludes any warranty claims or complaints arising from them;
8.2.7 Kingspan shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the Total Price has not been paid by the due date for payment;
9.2.5 8.2.8 Kingspan shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the Buyer (i) uses, stores or installs the Goods in a C3 category environment (in case of external uses) or C2 category environment (in case of internal uses) as specified in EN 10169 standard or (ii) uses cleaning agent which is not ph neutral;
8.2.9 If the Buyer makes any material alteration to any of the Goods without Future Rooms’ Kingspan’s prior written approval then all warranties in the Goods either express or implied shall immediately become void;
8.2.10 In the case of secret fix panels (AWP, AWP Flex, AT, RH, Evolution), if the Buyer uses any load distribution plate other than the Kingspan approved Z15 or Z43 load distribution plate type, Kingspan shall have no warranty in relation to such Goods (secret fix panels) and excludes all liability for defects in relation to such Goods.
9.3 8.3 The above warranty does not extend to parts, materials or equipment incorporated in provided with the Goods but not manufactured by Future Rooms Kingspan in respect of which the Buyer shall be entitled only to the benefit of any such warranty or guarantee as is given by the manufacturer to Future RoomsKingspan.
9.4 8.4 Subject as expressly provided in these Conditions, all warranties, representations, statements, conditions or other terms implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
9.5 8.5 Upon delivery of the Goods, the Buyer shall inspect the Goods and take photos of the defects (if any) before unloading and registering them in the transport document (CMR). The Buyer shall within 7 3 days of the arrival of each delivery of the Goods, notify Future Rooms Kingspan in writing of any defect by reason of which the Buyer alleges that the Goods delivered are not in accordance with the declaration of performance and/or specification and which should be apparent on reasonable inspection. Before the installation of the Goods, Xxxxx must inspect all sides of all Goods and notify Kingspan of any defect in Writing within 3 days of completion of such inspection. Buyer shall attach to the notification the photos of the defect, the data of the Goods, and the description of the defects. Following the notification, Buyer shall not build in, sell or otherwise use the Goods in question, until Xxxxxxxx inspects the defects. If Xxxxx fails to notify Kingspan within 3 days of the arrival of each delivery of the Goods or completion of the inspection of the Goods, Xxxxxxxx shall not be liable any longer for any defects and shall be entitled to refuse any further complaint about the Goods.
9.6 8.6 If either party is affected by Force Majeure it shall promptly notify the other party of the nature and extent of the circumstances in question.
9.7 8.7 Notwithstanding any other provision of this Agreement Contract neither party shall be deemed to be in breach of this AgreementContract, or otherwise be liable to the other, for any delay in performance or the non-performance of any of its obligations under this Contract, to the extent that the delay or non-non- performance is due to any Force Majeure of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly. If Force Majeure lasts more than 60 days, both Parties shall be entitled to cancel the Contract.
9.8 8.8 If at any time Future Rooms Kingspan claims Force Majeure in respect of its obligations under this Agreement Contract with regard to the supply of the Goods, Future Rooms Kingspan shall be entitled to obtain from any other person such quantity of the Goods as Future Rooms Kingspan is unable to supply and Future Rooms Kingspan shall be entitled to supply those goods to the Buyer and the Buyer shall not be entitled to reject those goods on the basis that they have not been manufactured by Future RoomsKingspan.
9.9 8.9 As a condition precedent to any claim by the Buyer which is based on any hidden defect in the quality or condition of the Goods or their failure to correspond with the declaration of performance or specification the Buyer shall notify Future Rooms in writing Kingspan within 7 days after discovery of the defect or failurefailure and within the warranty period. If the Buyer does not notify Future Rooms Kingspan accordingly, the Buyer shall not be entitled to reject the Goods and Future Rooms Kingspan shall have no liability for any such defect or failure, and the Buyer shall be bound to pay the Total Price as if the Goods have been in accordance with the Contract and the declaration of performance or any specification.
9.10 8.10 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet the declaration of performance or specification is notified to Future Rooms Kingspan in accordance with these Conditions, Future Rooms Kingspan shall be entitled to repair or replace (which Kingspan deems reasonable at its sole discretion) the Goods (or the part in question) or at Future Rooms’ Kingspan’s sole discretion, decrease the Total Price or refund to the Buyer the Total Price where all of the Goods are defective (or a proportionate part of the Goods Total Price where not all the Goods are defective) but Future Rooms Kingspan shall have no further liability to the Buyer. If Xxxxxxxx replaces the Goods, the additional time required for the new delivery shall not be deemed late delivery.
9.11 8.11 Except in respect of death or personal injury caused by Future Rooms’ Xxxxxxxx’s negligence Future Rooms or damages caused by Xxxxxxxx’s gross negligence Kingspan shall not be liable to the Buyer for any indirect, special, incidental, economic or consequential loss or damage including, without limitation, loss or damage incurred as a result of loss of time, loss of savings, loss of data, loss of goodwill, loss of business or loss of profits which arise out of or in connection with the supply of the Goods or their use or sale by the Buyer, except as expressly provided in these Conditions and Future Rooms’ Kingspan’s entire liability for any claim, whether in contract, tort (including negligence) or otherwise, for any loss or damage whatsoever, arising out of or in connection with the Contract or otherwise shall not in any event exceed the Total Price of the Goods in respect of any event or series of connected events...
9.12 Future Rooms 8.12 Kingspan shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or failure to perform, any of Future Rooms’ Kingspan’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond Future Rooms’ Xxxxxxxx’s reasonable control.
8.13 The Goods are protected with plastic foil which Xxxxx must remove immediately following the handover of the Goods but in no case later than within 60 days of the completion of the manufacture of the Goods. If Xxxxx fails to do so, the foil might stick to the panel and, as a result, it will not be possible to remove it. Regarding the removal of the foil, the terms and conditions regarding the storage and material handling shall apply that are available either on the package of the Goods or on the website of Kingspan or at the customer service office. For some products, the foil cannot be removed in one piece, but in strips or only in sections. Kingspan shall not be liable for any additional costs incurred by the Buyer in this respect.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Warranties & Liability. 9.1 8.1 Subject to the conditions set out below Future Rooms Kingspan warrants that at the time of delivery the Goods will correspond with their specification and will be free from defects in material and workmanship for a period of six months from the date of their initial use or twelve six months from delivery, whichever is the first to expire.
9.2 8.2 The above warranty is given by Future Rooms Kingspan subject to the following conditions:
9.2.1 Future Rooms 8.2.1 Kingspan shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer or any failure by the Buyer to install the Goods correctly or failure to comply with Future Rooms’ Kingspan’s installation guidelines issued from time to time. For the avoidance of doubt, Future Rooms Xxxxxxxx is a supplier of Goods and has no input into the design of any project which the Goods maybe incorporated into;
9.2.2 Future Rooms 8.2.2 Kingspan shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Future Rooms’ Installation Kingspan’s instructions (whether oral or in writing), misuse, alteration or repair of the Goods without Future Rooms’ Kingspan’s approval;
9.2.3 Future Rooms 8.2.3 Kingspan shall be under no liability for colour degradation in any materials or components incorporated in the Goods or used in their manufacture;
9.2.4 Future Rooms 8.2.4 Kingspan shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the Total Price has not been paid by the due date for payment;
9.2.5 8.2.5 If the Buyer makes any material alteration to any of the Goods without Future Rooms’ Kingspan’s prior written approval then all warranties in the Goods either express or implied shall immediately become void.
9.3 8.3 The above warranty does not extend to parts, materials or equipment incorporated in the Goods but not manufactured by Future Rooms Kingspan in respect of which the Buyer shall be entitled only to the benefit of any such warranty or guarantee as is given by the manufacturer to Future RoomsKingspan.
9.4 8.4 Subject as expressly provided in these Conditions, all warranties, representations, statements, conditions or other terms implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
9.5 8.5 The Buyer shall within 7 days of the arrival of each delivery of the Goods, notify Future Rooms Kingspan in writing of any defect by reason of which the Buyer alleges that the Goods delivered are not in accordance with the specification and which should be apparent on reasonable inspection.
9.6 8.6 If either party is affected by Force Majeure it shall promptly notify the other party of the nature and extent of the circumstances in question.
9.7 8.7 Notwithstanding any other provision of this Agreement neither party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other, for any delay in performance or the non-performance of any of its obligations under this Contract, to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly.
9.8 8.8 If at any time Future Rooms Kingspan claims Force Majeure in respect of its obligations under this Agreement with regard to the supply of the Goods, Future Rooms Kingspan shall be entitled to obtain from any other person such quantity of the Goods as Future Rooms Kingspan is unable to supply and Future Rooms Kingspan shall be entitled to supply those goods to the Buyer and the Buyer shall not be entitled to reject those goods on the basis that they have not been manufactured by Future RoomsKingspan.
9.9 8.9 As a condition precedent to any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification the Buyer shall notify Future Rooms in writing Kingspan within 7 days after discovery of the defect or failure. If the Buyer does not notify Future Rooms Kingspan accordingly, the Buyer shall not be entitled to reject the Goods and Future Rooms Kingspan shall have no liability for any such defect or failure, and the Buyer shall be bound to pay the Total Price as if the Goods have been in accordance with the Contract and any specification.
9.10 8.10 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to Future Rooms Kingspan in accordance with these Conditions, Future Rooms Kingspan shall be entitled to repair or replace the Goods (or the part in question) or at Future Rooms’ Kingspan’s sole discretion, refund to the Buyer the Total Price where all of the Goods are defective (or a proportionate part of the Goods Price where not all the Goods are defective) but Future Rooms Kingspan shall have no further liability to the Buyer.
9.11 8.11 Except in respect of death or personal injury caused by Future Rooms’ Xxxxxxxx’s negligence Future Rooms Kingspan shall not be liable to the Buyer for any indirect, special, incidental, economic or consequential loss or damage including, without limitation, loss or damage incurred as a result of loss of time, loss of savings, loss of data, loss of goodwill, loss of business or loss of profits which arise out of or in connection with the supply of the Goods or their use or sale by the Buyer, except as expressly provided in these Conditions and Future Rooms’ Kingspan’s entire liability for any claim, whether in contract, tort (including negligence) or otherwise, for any loss or damage whatsoever, arising out of or in connection with the Contract or otherwise shall not in any event exceed the Total Price of the Goods in respect of any event or series of connected events..
9.12 Future Rooms 8.12 Kingspan shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or failure to perform, any of Future Rooms’ Kingspan’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond Future Rooms’ Xxxxxxxx’s reasonable control.
Appears in 1 contract
Samples: Terms & Conditions of Sale
Warranties & Liability. 9.1 Subject to the conditions set out below Future Rooms other provisions of these Conditions, the Company warrants that at the time of delivery the Goods will correspond with their specification and will upon delivery be free from defects in material and workmanship for a period of six months from satisfactory quality within the date meaning of their initial use or twelve months from delivery, whichever is the first to expireSale of Goods Act 1994.
9.2 Glass breakages and shortages must be notified in writing within three days of receipt, otherwise responsibility cannot be accepted. Damaged goods must be notified in writing within 10 days of receipt. The above warranty is given by Future Rooms subject to the following conditions:
9.2.1 Future Rooms seller's liability shall be under no liability in respect of any defect in limited to, at the Goods arising from any drawingseller's option, design replacing the goods or specification supplied by refunding the Buyer or any failure by the Buyer to install the Goods correctly or failure to comply with Future Rooms’ installation guidelines issued from time to time. For the avoidance of doubt, Future Rooms is a supplier of Goods and has no input into the design of any project which the Goods maybe incorporated into;
9.2.2 Future Rooms shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Future Rooms’ Installation instructions (whether oral or in writing), misuse, alteration or repair price of the Goods without Future Rooms’ approval;
9.2.3 Future Rooms goods. Under no circumstances shall be under no the liability for colour degradation in any materials or components incorporated in the Goods or used in their manufacture;
9.2.4 Future Rooms shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the Total Price has not been paid by the due date for payment;
9.2.5 If the Buyer makes any material alteration to any of the Goods without Future Rooms’ prior written approval then all warranties in seller exceed the Goods either express or implied shall immediately become voidprice of the goods.
9.3 Replacements for damaged goods will be charged and credit issued on the return of the damaged goods to the seller in the original packaging. The seller will not accept returned goods without prior written agreement. Xxxxx returned without such prior agreement will not be credited by the seller who will not be liable for any costs involved. Any goods returned without prior written authorisation or once tested is found not to be faulty, will be subject to a handling and testing charge of 20% and must be in perfect condition and original packaging, otherwise they may at the option of the seller be returned for which an additional carriage charge may be made.
9.4 The above warranty does not extend to parts, Goods or parts or materials or equipment incorporated in the Goods but not manufactured by Future Rooms the Company, in respect of which the Company shall endeavour to transfer to the Buyer shall be entitled only to the benefit of any such warranty or guarantee as is given by the manufacturer to Future Rooms.
9.4 Subject as expressly provided in these Conditions, all warranties, representations, statements, conditions or other terms implied by statute or common law or otherwise are excluded to the fullest extent permitted by lawCompany.
9.5 The Buyer shall within 7 days of the arrival of each delivery of the Goods, notify Future Rooms in writing of Company will not assure responsibility for corrosion or any defect by reason of which the Buyer alleges that other resulting damage to the Goods delivered where they are not installed in accordance areas in which fertilizers or salt are present, either in the air or in the soil, or where the Goods are installed near to chemical plants, etc. with the specification and which should be apparent on reasonable inspectionemissions of heavily polluted air.
9.6 If either party is affected by Force Majeure it shall promptly notify the other party of the nature and extent of the circumstances in question.
9.7 Notwithstanding any other provision of this Agreement neither party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other, for any delay in performance or the non-performance of any of its obligations under this Contract, to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly.
9.8 If at any time Future Rooms claims Force Majeure in respect of its obligations under this Agreement with regard to the supply of the Goods, Future Rooms shall be entitled to obtain from any other person such quantity of the Goods as Future Rooms is unable to supply and Future Rooms shall be entitled to supply those goods to the Buyer and the Buyer shall not be entitled to reject those goods on the basis that they have not been manufactured by Future Rooms.
9.9 As a condition precedent to any Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their a shortage of Goods shall (whether or not delivery is refused by the Buyer) be notified to the Company and (if the defect is a result of damage or loss in transit) the carrier of Goods within three days from the date of delivery or (where the defect or failure to correspond with specification the Buyer shall notify Future Rooms in writing was not apparent on reasonable inspection) within 7 days a reasonable time after discovery of the defect or failure. If , if delivery is not refused, and the Buyer does not notify Future Rooms the Company accordingly, the Buyer shall not be entitled to reject the Goods and Future Rooms the Company shall have no liability for any such defect or failure, and the Buyer shall be bound to pay the Total Price price as if the Goods have had been delivered in accordance with the Contract and any specificationContract.
9.10 9.7 The Company shall not be liable for a breach of the warranty in clause 9.1 if the defect arises because the Buyer failed to follow the Company's oral or written instructions as to the storage, installation, use or maintenance of the Goods or (if there are none) good trade practice or if the Buyer alters or repairs the Goods or makes any further use of the Goods without the written consent of the Company. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to Future Rooms the Company in accordance with these Conditions, Future Rooms the Company shall be entitled to repair or replace the Goods (or the part in question) free of charge or at Future Rooms’ sole discretion, refund to the Buyer the Total Price where all price of the Goods are defective (or a proportionate part of the Goods Price where not all price), but the Goods are defective) but Future Rooms Company shall have no further liability to the Buyer.
9.11 Except 9.8 The Company shall not be liable for non-delivery of Goods unless written notice is given to the Company's invoice. Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within reasonable time of issuing a credit note at the pro rata Contract.
9.9 All warranties, conditions or other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
9.10 Nothing in respect these Conditions excludes or limits the liability of the Company for death or personal injury caused by Future Rooms’ the Company's negligence Future Rooms or fraudulent representation.
9.11 Subject to Conditions 9.7 and 9.8;
9.11.1 the Company's total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation restitution or otherwise, arising in connection with performance or contemplated performance of the Contract shall be limited to the price of the Goods; and
9.11.2 the Company shall not be liable to the Buyer for any indirect, special, incidental, economic indirect or consequential loss or damage including, without limitation, loss or damage incurred as a result of (whether for loss of timeprofit, loss of savingsbusiness, loss depreciation of datagoodwill or otherwise). Costs, loss of goodwill, loss of business expenses or loss of profits other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the supply of the Goods or their use or sale by the Buyer, except as expressly provided in these Conditions and Future Rooms’ entire liability for any claim, whether in contract, tort (including negligence) or otherwise, for any loss or damage whatsoever, arising out of or in connection with the Contract or otherwise shall not in any event exceed the Total Price of the Goods in respect of any event or series of connected events..Contract.
9.12 Future Rooms The Company shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing performing, or any failure to perform, any of Future Rooms’ the Company's obligations in relation to the Goods, if the delay or of failure was due to any cause beyond Future Rooms’ the Company's reasonable control.control including, but without prejudice to the generality of the foregoing, acts of god, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, strikes, lock outs or other industrial actions or trade disputed (whether involving employees of the Company or of a third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery
Appears in 1 contract
Samples: Terms & Conditions of Trade
Warranties & Liability. 9.1 Subject The Seller as a re-seller of the Goods shall use all reasonable endeavours to pass on the benefit of any warranties in relation to the conditions set out below Future Rooms warrants that at Goods which are received by the time of delivery the Goods will correspond with their specification and will be free from defects in material and workmanship for a period of six months Seller from the date manufacturer of their initial the Goods, it being for the Buyer to ensure it complies with the terms (including manufacturer’s instructions as to use or twelve months from delivery, whichever is of the first Goods) applicable to expirethose warranties as communicated by the Seller to the Buyer.
9.2 The above warranty is given by Future Rooms subject Seller shall use reasonable endeavours to provide the following conditions:Services with all due care, skill and diligence.
9.2.1 Future Rooms 9.3 The Seller shall not in any event be under no liability liable in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer or any failure by the Buyer to install the Goods correctly or failure to comply with Future Rooms’ installation guidelines issued from time to time. For the avoidance of doubt, Future Rooms is a supplier of Goods and has no input into the design of any project which the Goods maybe incorporated into;
9.2.2 Future Rooms shall be under no liability in respect of any defect arising from fair wear and tearBuyer, wilful damage, negligence, abnormal working conditions, failure to follow Future Rooms’ Installation instructions (whether oral or in writing)damage to, misuse, alteration or repair of the Goods without Future Rooms’ the Seller’s approval;.
9.2.3 Future Rooms 9.4 The Seller shall not be liable under no liability for colour degradation in any materials or components incorporated in the Goods or used in their manufacture;
9.2.4 Future Rooms shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if guarantee until the Total Price total price for the Goods and/or Services has not been paid by the due date for payment;
9.2.5 If the Buyer makes any material alteration to any of the Goods without Future Rooms’ prior written approval then all warranties in the Goods either express or implied shall immediately become voidBuyer.
9.3 The above warranty does not extend to parts, materials or equipment incorporated in the Goods but not manufactured by Future Rooms in respect of which the Buyer shall be entitled only to the benefit of any such warranty or guarantee as is given by the manufacturer to Future Rooms.
9.4 Subject 9.5 Save as expressly provided in these ConditionsConditions or otherwise agreed in Writing by the Seller with the Buyer, all warranties, representations, statements, conditions or other terms express or implied by statute or statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
9.5 The Buyer shall within 7 days of the arrival of each delivery of the Goods, notify Future Rooms in writing of any defect by reason of which the Buyer alleges that the Goods delivered are not in accordance with the specification and which should be apparent on reasonable inspection.
9.6 If either party is affected by Force Majeure it shall promptly notify the other party of the nature and extent of the circumstances in question.
9.7 Notwithstanding any other provision of this Agreement neither party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other, for any delay in performance or the non-performance of any of its obligations under this Contract, to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly.
9.8 If at any time Future Rooms claims Force Majeure in respect of its obligations under this Agreement with regard to the supply of the Goods, Future Rooms shall be entitled to obtain from any other person such quantity of the Goods as Future Rooms is unable to supply and Future Rooms shall be entitled to supply those goods to the Buyer and the Buyer shall not be entitled to reject those goods on the basis that they have not been manufactured by Future Rooms.
9.9 As a condition precedent to any Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to the Buyer shall notify Future Rooms in writing Seller within 7 days a reasonable time after discovery of the defect or failure. If delivery is not refused and the Buyer does not notify Future Rooms the Seller accordingly, the Buyer shall not be entitled to reject the Goods and Future Rooms the Seller shall have no liability for any such defect or failure, failure and the Buyer shall be bound to pay the Total Price price as if the Goods have had been delivered in accordance with the Contract and any specificationContract.
9.10 9.7 Where any valid claim in respect of any of the Goods or Services which is based on the Seller’s liability in respect of: (a) any defect in the quality or condition of the Goods; (b) any defect in the performance of the Services; or (c) the failure of the Goods or their failure and/or Services to meet specification specification; is notified to Future Rooms the Seller in accordance with these Conditions, Future Rooms the Seller shall be entitled to either: (i) repair the Goods (or the part in question); (ii) replace the Goods (or the part in question); (iii) re-perform or at Future Rooms’ sole discretion, refund to procure the Buyer the Total Price where all re-performance of the Goods are defective (or a proportionate part of the Goods Price where not all the Goods are defective) but Future Rooms shall have no further liability to the Buyer.
9.11 Except in respect of death or personal injury caused by Future Rooms’ negligence Future Rooms shall not be liable to the Buyer for any indirect, special, incidental, economic or consequential loss or damage including, without limitation, loss or damage incurred as a result of loss of time, loss of savings, loss of data, loss of goodwill, loss of business or loss of profits which arise out of or in connection with the supply of the Goods or their use or sale by the Buyer, except as expressly provided in these Conditions and Future Rooms’ entire liability for any claim, whether in contract, tort (including negligence) or otherwise, for any loss or damage whatsoever, arising out of or in connection with the Contract or otherwise shall not in any event exceed the Total Price of the Goods in respect of any event or series of connected events..
9.12 Future Rooms shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or failure to perform, any of Future Rooms’ obligations in relation to the Goods, if the delay or failure was due to any cause beyond Future Rooms’ reasonable control.Services; or
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Samples: Terms and Conditions
Warranties & Liability. 9.1 Subject 13.1. The Seller as a re-seller of the Goods shall use all reasonable endeavours to pass on the benefit of any warranties in relation to the conditions set out below Future Rooms warrants that at Goods which are received by the time Seller from the manufacturer of the Goods, it being for the Buyer to ensure it complies with the terms (including manufacturer’s instructions as to use of the Goods) applicable to those warranties as communicated by the Seller to the Buyer.
13.2. All parts of the Goods of the Seller, with the exception of consumable items, evacuated devices, glassware, batteries, high voltage and high frequency cables supplied and installed by the Seller are guaranteed for twelve months unless specifically stated from the date of delivery the Goods will correspond with their specification and will to be free from defects in material workmanship or material. Any parts so failing will be replaced or repaired without charge. This guarantee does not cover damage resulting from carelessness or failure to follow operation instructions. The liability of the Seller arising out of the supply of the Goods or its use, whether on warrantee or otherwise, shall not in any case exceed the cost of correcting defects in the Goods and workmanship for a period of six months from after the date of their initial use or said twelve months from deliveryperiod such liability shall terminate. Furthermore, whichever all liability on the Seller’s part under this guarantee is dependent upon payment obligations being met by the first Buyer. The guarantee is rendered null and void in every case where modifications, repairs, routine maintenance, service or any form of work are carried out by third parties without the written consent of the Seller. The Buyer hereby agrees to expireallow use of any of the equipment supplied by the Seller to be carries out by authorised personnel only.
9.2 13.3. The above warranty is given by Future Rooms subject Seller shall use reasonable endeavours to provide the following conditions:Services with all due care, skill and diligence.
9.2.1 Future Rooms 13.4. The Seller shall not in any event be under no liability liable in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer or any failure by the Buyer to install the Goods correctly or failure to comply with Future Rooms’ installation guidelines issued from time to time. For the avoidance of doubt, Future Rooms is a supplier of Goods and has no input into the design of any project which the Goods maybe incorporated into;
9.2.2 Future Rooms shall be under no liability in respect of any defect arising from fair wear and tearBuyer, wilful damage, negligence, abnormal working conditions, failure to follow Future Rooms’ Installation instructions (whether oral or in writing)damage to, misuse, alteration or repair of the Goods without Future Rooms’ the Seller’s approval;.
9.2.3 Future Rooms 13.5. The Seller shall not be liable under no liability for colour degradation in any materials clause 13.1 or components incorporated in the Goods or used in their manufacture;
9.2.4 Future Rooms shall be under no liability under the above warranty 13.2 (or any other warranty, condition or guarantee) if until the Total Price total price for the Goods and/or Services has not been paid by the due date for payment;
9.2.5 If the Buyer makes any material alteration to any of the Goods without Future Rooms’ prior written approval then all warranties in the Goods either express or implied shall immediately become voidBuyer.
9.3 The above warranty does not extend to parts, materials or equipment incorporated in the Goods but not manufactured by Future Rooms in respect of which the Buyer shall be entitled only to the benefit of any such warranty or guarantee as is given by the manufacturer to Future Rooms.
9.4 Subject 13.6. Save as expressly provided in these ConditionsConditions or otherwise agreed in Writing by the Seller with the Buyer, all warranties, representations, statements, conditions or other terms express or implied by statute or statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
9.5 The Buyer shall within 7 days of the arrival of each delivery of the Goods, notify Future Rooms in writing of any defect by reason of which the Buyer alleges that the Goods delivered are not in accordance with the specification and which should be apparent on reasonable inspection.
9.6 If either party is affected by Force Majeure it shall promptly notify the other party of the nature and extent of the circumstances in question.
9.7 Notwithstanding any other provision of this Agreement neither party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other, for any delay in performance or the non-performance of any of its obligations under this Contract, to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly.
9.8 If at any time Future Rooms claims Force Majeure in respect of its obligations under this Agreement with regard to the supply of the Goods, Future Rooms shall be entitled to obtain from any other person such quantity of the Goods as Future Rooms is unable to supply and Future Rooms shall be entitled to supply those goods to the Buyer and the Buyer shall not be entitled to reject those goods on the basis that they have not been manufactured by Future Rooms.
9.9 As a condition precedent to any 13.7. Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to the Buyer shall notify Future Rooms in writing Seller within 7 days a reasonable time after discovery of the defect or failure. If delivery is not refused and the Buyer does not notify Future Rooms the Seller accordingly, the Buyer shall not be entitled to reject the Goods and Future Rooms the Seller shall have no liability for any such defect or failure, failure and the Buyer shall be bound to pay the Total Price price as if the Goods have had been delivered in accordance with the Contract and any specificationContract.
9.10 13.8. Where any valid claim in respect of any of the Goods or Services which is based on the Seller’s liability in respect of:
13.8.1. any defect in the quality or condition of the Goods;
13.8.2. any defect in the performance of the Services; or
13.8.3. the failure of the Goods or their failure and/or Services to meet specification specification. is notified to Future Rooms the Seller in accordance with these Conditions, Future Rooms the Seller shall be entitled to either:
13.8.4. repair the Goods (or the part in question);
13.8.5. replace the Goods (or the part in question) );
13.8.6. re-perform or procure the re-performance of the Services; or
13.8.7. at Future Rooms’ the Seller’s sole discretion, refund to the Buyer the Total Price where all price of the Goods are defective and/or Services (or a proportionate part of the Goods Price where not all price). and, to the Goods are defective) but Future Rooms fullest extent permitted by law, the Seller shall have no further liability to the Buyer.
9.11 Except 13.9. Nothing in respect of these Conditions shall limit the Seller’s liability for death or personal injury caused by Future Rooms’ negligence Future Rooms shall the Seller’s negligence, fraud, fraudulent misrepresentation or any other matter for which liability may not be liable limited under applicable laws.
13.10. Subject to clause 13.6, in no event shall the Seller have any liability whatsoever to the Buyer Buyer, whether in contract, tort (including negligence), or otherwise for any indirect, special, incidental, economic or consequential loss or damage including, without limitation, loss or damage incurred as a result of loss of time, loss of savings, loss of data, loss of goodwill, loss of business or loss of profits which arise out of or in connection with profits.
13.11. Subject to clause 13.6, the supply of the Goods or their use or sale by the Buyer, except as expressly provided in these Conditions and Future Rooms’ Seller’s entire liability for any claim, whether in contract, tort (including negligence) or otherwise, for any loss or damage whatsoever, arising out of or in connection with the Contract or otherwise shall not in any event exceed the Total Price price of the Goods and/or Services in respect of any event or series of connected events...
9.12 Future Rooms 13.12. The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing performing, or any failure to perform, any of Future Rooms’ the Seller’s obligations in relation to under the GoodsContract, if the delay or failure was due to any cause beyond Future Rooms’ the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
13.12.1. Act of God, explosion, flood, tempest, fire or accident;
13.12.2. war or threat of war, sabotage, insurrection, civil disturbance or requisition or malicious damage;
13.12.3. acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
13.12.4. import or export regulations or embargoes;
13.12.5. strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
13.12.6. failure of a utility service or transport or telecommunications network; or
13.12.7. difficulties of the Seller’s suppliers in obtaining raw materials, labour, fuel or parts of machinery.
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Samples: Terms and Conditions
