Water Filters
Cleaning
Products
Boost Box
Locks
Becktech
Spare Parts
Spare Parts by
Manufacturer
Refurbishment
Terms of
Business
79
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Terms of Business
does so all moneys owing by the Buyer to the Seller shall
(without prejudice to any other right or remedy of the Seller)
forthwith become due and payable.
8. Warranties and Liability
8.1 Subject to the conditions set out below the Seller warrants
that the Goods will correspond with their specification at the
time of delivery and will be free from defects in material and
workmanship for a period of 12 months from delivery.
8.2 The above warranty is given by the Seller subject to the
following conditions:
8.2.1 the Seller shall be under no liability in respect of any
defect in the Goods arising from any drawing, design or
specifications supplied by the Buyer;
8.2.2 the Seller 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
the Seller’s instructions (whether oral or in writing), misuse or
alteration or repair of the Goods without the Seller’s approval;
8.2.3 the Seller shall be under no liability under the above
warranty, (or any other warranty, condition or guarantee) if
the total price for the Goods or the Service has not been paid
by the due date for payment; and
8.2.4 the above warranty does not extend to parts, materials
or equipment not manufactured by the Seller, in respect of
which the Buyer shall only be entitled to the benefit of any
such warranty or guarantee as is given by the manufacturer
to the Seller
8.3 Subject as expressly provided in these Conditions, and
except where the Goods are sold to or the Services performed
for a person dealing as a consumer (within the meaning of the
Unfair Contract Terms Act 1977) all warranties, conditions or
other terms implied by statute or common law are excluded
to the fullest extent permitted by law.
8.4 Where the Goods are sold or the Services performed
under a consumer transaction (as defined by the Consumer
Transactions (Restrictions on Statements) Order 1976)
the statutory rights of the Buyer are not affected by these
Conditions.
8.5Any 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 or any defect in the Services shall (whether
or not delivery is refused by the Buyer) be notified to the Seller
within 7 Days from the date of delivery or (where the defect
or failure was not apparent on reasonable inspection) within
a reasonable time after discovery of the defect or failure. If
delivery is not refused, and the Buyer does not notify the Seller
accordingly, the Buyer shall not be entitled to reject the Goods
or the performance of the Services and the Seller shall have
no liability for such defect or failure, and the Buyer shall be
bound to pay the price as if the Goods had been delivered or
the Services in accordance with the Contract.
8.6 Where any valid claim in respect of any of the Goods or
the Services which is based on any defect in the quality or
condition of the Goods or their failure to meet specification
or any defect in the Services is notified to the Seller in
accordance with these Conditions, the Seller shall be entitled
to replace the Goods or to perform the Services again free of
charge or, at the Seller’s sole discretion, refund to the Buyer
the price of the Goods or the Services but the Seller shall have
no further liability to the Buyer.
8.7 Except in respect of death or personal injury caused by the
Seller’s negligence, the Seller shall not be liable to the Buyer
by reason of the representation, or any implied warranty,
condition or other term, or any duty at common law, or under
the express terms of the Contract, for any consequential loss
or damage (whether for loss of profit or otherwise), costs,
expenses or other claims for consequential compensation
whatsoever (and whether caused by the negligence of the
Seller, its employees or agents or otherwise) which arise out of
or in connection with the supply of the Goods or their use or
resale by the Buyer or the performance of the Services, except
as expressly provided in these Conditions.
8.8 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, or any failure to perform, any of the Seller’s
obligations in relation to the Goods or the Services, if the
delay or failure was due to any cause beyond the Seller’s
reasonable control.
9. Insolvency of Buyer
9.1 This clause applies if;
9.1.1 the Buyer makes any voluntary arrangement with its
creditors or becomes subject to an administration order or
(being an individual or firm) becomes bankrupt or (being
a company) goes into liquidation (otherwise than for the
purposes of amalgamation or reconstruction); or
9.1.2 an encumbrancer takes possession, or a receiver is
appointed, or any of the property or assets of the Buyer; or
9.1.3 the Buyer ceases, or threatens to cease, to carry on
business ; or
9.1.4 the Seller reasonably apprehends that any of the events
mentioned above is about to occur in relation to the Buyer
and notifies the Buyer accordingly.
9.2 If this clause applies then, without prejudice to any
other right or remedy available to the Seller, the Seller shall
be entitled to cancel the Contract or suspend any further
deliveries under the Contract without any liability to the
Buyer, and if the Goods have been delivered but not paid
for the price shall become immediately due and payable
notwithstanding any previous agreement or arrangement to
the contrary.
10. General
10.1 Any notice required or permitted to be given by either
party to the other under these Conditions shall be in writing
addressed to that other party at its registered office or
principal place of business or such other address as may at
the relevant time have been notified pursuant to this provision
by the party giving the notice.
10.2 No waiver by the Seller of any breach of the Contract by
the Buyer shall be considered as a waiver of any subsequent
breach of the same or any other provision.
10.3 If any provision of these Conditions is held by any
competent authority to be invalid or unenforceable in
whole or in part the validity of the other provisions of these
Conditions and the remainder of the provision in question
shall not be affected thereby.
10.4 The Contract shall be governed by English law.
