6.1. Save for such instances as detailed in paragraph 6.3 below, we shall, at our option and at our absolute discretion, repair or replace the Goods or part of them if:
(a) following notice in writing given by you and received by us within the period of 12 months from the date of delivery of the Goods there occurs any of the events specified in paragraph 6.2(a) below only; or
(b) following notice in writing given by you and received by us within the period of two months from the date of delivery of the Goods there occurs any of the events specified in paragraph 6.2(b) to 6.2(e) below.
(together the “Warranties”).
6.2. The events referred to in clause 6.1 are the following:
(a) the goods are found to be defective solely by reason of faulty design, materials or workmanship after proper use;
(b) the goods are found not to be of merchantable quality, except as regards to defects which are specifically drawn to your attention before the contract was made or, where you have examined the Goods before the contract was made;
(c) where the Goods are sold by description, the Goods are found not to correspond with that description;
(d) where the Goods are sold by sample, the bulk of the Goods are found not to correspond with the sample in quality;
(e) where you have expressly made known to us in writing both the particular purpose for which the Goods are being bought and that you rely on our skill and judgement in that regard, the Goods are found not to be reasonably fit for that purpose.
6.3. You hereby acknowledge and agree that the Warranties shall not apply where the Goods are defective or damaged as a result of:
(a) misuse of the Goods;
(b) failure to carry out or properly carry out regular maintenance including but not limited to such maintenance as detailed in our maintenance guidelines.
(c) Accidental damage, wilful damage, negligence, collision, fire, theft or vandalism;
(d) any modifications, alterations or tampering of the Goods;
(e) damage or corrosion from the environment such as acid rain, airborne fall out (chemical, bird lime, tree sap etc.), salt, road hazards, hail, wind, storm, lightening, floods or other acts of God;
(f) lack of maintenance or failure to properly maintain (including but not limited to your failure to use proper noncorrosive cleaning products and your failure to adhere to the Maintenance guidelines);
(g) normal wear and tear or deterioration such as discolouration, fading or deformation; and
(h) your failure to store the Goods in accordance with clause 6.4 below and in accordance with any other oral or written instructions that we may provide.
6.4. The Goods will be your responsibility from the time of delivery and you shall be responsible for maintaining the condition of the Goods prior to installation by ensuring that the Goods are:
(a) kept out of direct sunlight;
(b) not stored externally in wet conditions;
(c) not stacked; and
(d) not subject to condensation as a result of being exposed to heat.
6.5. Where the Goods are not manufactured by us, you are entitled to the benefit of any warranty given to us in this respect save for where this is expressly prohibited by that warranty.
6.6. The Warranties are in addition to any legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office.
6.7. We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition although you are aware that, unless specifically stated, packing cases and the like are not included in any tender/quotation for the supply of goods and we reserve the right to charge you for all packing cases, pallets and any other packing materials used.
6.8. These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
6.9. Our products are carefully inspected and where practical and necessary tested at factory before despatch. Inspection by you or other mutually agreed inspector can be carried out during normal working hours. Seven days’ notice will be required of the date and time for inspection. In the event of the inspector not attending at the date and time given, the inspection will proceed and shall be deemed to have been made in your presence.
6.10. Unless otherwise agreed in writing, any tests required relating to the performance of the equipment specified therein shall be conducted in accordance with the relevant Standards.