Common use of Warranty of the Goods Clause in Contracts

Warranty of the Goods. 16.1 Supplier will, free of charge, within a period of twelve months, or ninety days for contracts agreed for the repair of client owned Goods originally supplied by the Supplier, each period commencing from the date of dispatch of Goods, which are proved to the reasonable satisfaction of Supplier to not comply with specification due to defects in material, workmanship or design (other than a design made, furnished or specified by Buyer), repair, or at its option replace, such Goods. This obligation will not apply where: 16.1.1 Non-compliance is attributable to any fair wear and tear relating to the Goods; 16.1.2 The Goods have been improperly altered in any way whatsoever, or have been subject to misuse or unauthorised repair; 16.1.3 The Goods have been improperly installed or connected; 16.1.4 Any maintenance requirements relating to the Goods have not been complied with; 16.1.5 Any instructions as to storage of the Goods have not been complied with in all respects; or 16.1.6 Buyer has failed to notify Supplier of any defect or suspected defect within fourteen days of the delivery where the defect should be apparent on reasonable inspection, or within fourteen days of the same coming to the knowledge of Buyer where the defect is not one which should be apparent on reasonable inspection, and in any event no later than twelve months from the date of delivery or performance.

Warranty of the Goods. ‌ 16.1 Supplier will, free of charge, within a period of twelve months, or ninety days for contracts agreed for the repair of client owned Goods originally supplied by the Supplier, each period commencing from the date of dispatch of Goods, which are proved to the reasonable satisfaction of Supplier to not comply with specification due to defects in material, workmanship or design (other than a design made, furnished or specified by Buyer), repair, or at its option replace, such Goods. This obligation will not apply where: 16.1.1 Non-compliance is attributable to any fair wear and tear relating to the Goods; 16.1.2 The Goods have been improperly altered in any way whatsoever, or have been subject to misuse or unauthorised unauthorized repair; 16.1.3 The Goods have been improperly installed or connected; 16.1.4 Any maintenance requirements relating to the Goods have not been complied with; 16.1.5 Any instructions as to storage of the Goods have not been complied with in all respects; oror‌ 16.1.6 Buyer has failed to notify Supplier of any defect or suspected defect within fourteen days of the delivery where the defect should be apparent on reasonable inspection, or within fourteen days of the same coming to the knowledge of Buyer where the defect is not one which should be apparent on reasonable inspection, and in any event no later than twelve months from the date of delivery or performance.