Common use of Warranty of the Goods Clause in Contracts

Warranty of the Goods. 21.1 SUPPLIER WILL, FREE OF CHARGE, WITHIN A PERIOD OF TWELVE MONTHS 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: 21.1.1 THE GOODS HAVE BEEN IMPROPERLY ALTERED IN ANY WAY WHATSOEVER, OR HAVE BEEN SUBJECT TO MISUSE OR UNAUTHORIZED REPAIR; 21.1.2 THE GOODS HAVE BEEN IMPROPERLY INSTALLED OR CONNECTED; 21.1.3 ANY MAINTENANCE REQUIREMENTS RELATING TO THE GOODS HAVE NOT BEEN COMPLIED WITH; 21.1.4 ANY INSTRUCTIONS AS TO STORAGE OF THE GOODS HAVE NOT BEEN COMPLIED WITH IN ALL RESPECTS; OR 21.1.5 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. 21.2 Supplier’s OBLIGATION UNDER CLAUSE 21.1 IS SUBJECT TO THE GOODS BEING RETURNED, IF SUPPLIER SO REQUIRES, BY BUYER TO SUPPLIER CARRIAGE PAID. SUPPLIER WILL REFUND TO BUYER THE COST OF CARRIAGE ON THE RETURN OF ANY SUCH DEFECTIVE GOODS IF BUYER’S WARRANTY CLAIM IS SUBSTANTIATED TO THE REASONABLE SATISFACTION OF SUPPLIER, AND WILL DELIVER ANY REPAIRED OR REPLACEMENT GOODS TO BUYER AT SUPPLIER’S OWN EXPENSE. 21.3 ANY GOODS WHICH HAVE BEEN REPLACED WILL BELONG TO SUPPLIER. ANY REPAIRED OR REPLACEMENT GOODS WILL BE LIABLE TO REPAIR OR REPLACEMENT UNDER THE TERMS SPECIFIED IN THIS CLAUSE FOR THE UNEXPIRED PORTION OF THE TWELVE MONTH PERIOD FROM THE ORIGINAL DATE OF DELIVERY OF THE REPLACED GOODS PROCESS.

Warranty of the Goods. 21.1 SUPPLIER WILL, FREE OF CHARGE, WITHIN A PERIOD OF TWELVE (i) TWENTY FOUR (24) MONTHS FROM THE DATE OF DISPATCH OF GOODS BY SUPPLIER OR (ii) THIRTY (30) MONTHS FROM THE INSTALLATION OF THE GOODS ON BUYER’S SOLUTION, WHICHEVER PERIOD ENDS THE SOONER, 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: 21.1.1 THE GOODS HAVE BEEN IMPROPERLY ALTERED IN ANY WAY WHATSOEVER, OR HAVE BEEN SUBJECT TO MISUSE OR UNAUTHORIZED REPAIR; 21.1.2 THE GOODS HAVE BEEN IMPROPERLY INSTALLED OR CONNECTED; 21.1.3 ANY MAINTENANCE REQUIREMENTS RELATING TO THE GOODS HAVE NOT BEEN COMPLIED WITH; 21.1.4 ANY INSTRUCTIONS AS TO STORAGE OF THE GOODS HAVE NOT BEEN COMPLIED WITH IN ALL RESPECTS; OR 21.1.5 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 PERFORMANCEPERIOD DEFINED IN CLAUSE 21.1. 21.2 Supplier’s OBLIGATION UNDER CLAUSE 21.1 IS SUBJECT TO THE GOODS BEING RETURNED, IF SUPPLIER SO REQUIRES, BY BUYER TO SUPPLIER CARRIAGE PAID. SUPPLIER WILL REFUND TO BUYER THE COST OF CARRIAGE ON THE RETURN OF ANY SUCH DEFECTIVE GOODS IF BUYER’S WARRANTY CLAIM IS SUBSTANTIATED TO THE REASONABLE SATISFACTION OF SUPPLIER, AND WILL DELIVER ANY REPAIRED OR REPLACEMENT GOODS TO BUYER AT SUPPLIER’S OWN EXPENSE. 21.3 ANY GOODS WHICH HAVE BEEN REPLACED WILL BELONG TO SUPPLIER. ANY REPAIRED OR REPLACEMENT GOODS WILL BE LIABLE TO REPAIR OR REPLACEMENT UNDER THE TERMS SPECIFIED IN THIS CLAUSE FOR THE UNEXPIRED PORTION OF THE TWELVE MONTH PERIOD FROM THE ORIGINAL DATE OF DELIVERY OF THE REPLACED GOODS PROCESS.

Warranty of the Goods. 21.1 SUPPLIER WILL, FREE OF CHARGE, WITHIN A PERIOD OF TWELVE MONTHS FROM THE DATE OF DISPATCH DESPATCH 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: 21.1.1 THE GOODS HAVE BEEN IMPROPERLY ALTERED IN ANY WAY WHATSOEVER, OR HAVE BEEN SUBJECT TO MISUSE OR UNAUTHORIZED UNAUTHORISED REPAIR; 21.1.2 THE GOODS HAVE BEEN IMPROPERLY INSTALLED OR CONNECTED; 21.1.3 ANY MAINTENANCE REQUIREMENTS RELATING TO THE GOODS HAVE NOT BEEN COMPLIED WITH; 21.1.4 ANY INSTRUCTIONS AS TO STORAGE OF THE GOODS HAVE NOT BEEN COMPLIED WITH IN ALL RESPECTS; OR 21.1.5 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. 21.2 Supplier’s OBLIGATION UNDER CLAUSE 21.1 IS SUBJECT TO THE GOODS BEING RETURNED, IF SUPPLIER SO REQUIRES, BY BUYER TO SUPPLIER CARRIAGE PAID. SUPPLIER WILL REFUND TO BUYER THE COST OF CARRIAGE ON THE RETURN OF ANY SUCH DEFECTIVE GOODS IF BUYER’S WARRANTY CLAIM IS SUBSTANTIATED TO THE REASONABLE SATISFACTION OF SUPPLIER, AND WILL DELIVER ANY REPAIRED OR REPLACEMENT GOODS TO BUYER AT SUPPLIER’S OWN EXPENSE. 21.3 ANY GOODS WHICH HAVE BEEN REPLACED WILL BELONG TO SUPPLIER. ANY REPAIRED OR REPLACEMENT GOODS WILL BE LIABLE TO REPAIR OR REPLACEMENT UNDER THE TERMS SPECIFIED IN THIS CLAUSE FOR THE UNEXPIRED PORTION OF THE TWELVE MONTH PERIOD FROM THE ORIGINAL DATE OF DELIVERY OF THE REPLACED GOODS PROCESS.