Refund Policy
The Supplier warrants that:
(a) on the date of delivery, the Goods shall:
(i) conform in all material respects with the Specification;
(ii) be free from material defects in design, material and workmanship; and
(iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979);
(b) the Goods shall remain free from material defects in design, material and workmanship for the period(s) notified to the Customer (details of all warranty periods are available from the Supplier on request) ; and
(c) where the Supplier is not the manufacturer of the Goods (or any part of them), the Supplier shall endeavour to transfer to the Customer the benefit of any warranty or guarantee given to the Supplier and the Supplier’s liability shall not exceed the amounts recovered (if any) from the relevant manufacturer in this regard.
Details of the various manufacturers’ warranties (including the various warranty periods) which may be applicable in respect of the Goods may be notified to the Customer and are available on request from the Supplier.
Any warranty periods offered by the Supplier begin from the date on which the Goods are delivered and shall not be extended to cover any additional period, whether or not any replacement parts have been provide by the Supplier.
6.2 Subject to clause 6.3, if:
(a) the Customer gives notice in writing to the Supplier within three Business Days of discovery that some or all of the Goods do not comply with the warranties set out in clauses 6.1(a) or 6.1(b);
(b) the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier’s place of business at the Customer’s cost, the Supplier shall, at its option, repair or replace any Goods that are found to be defective, or refund the price of such defective Goods in full. For the avoidance of doubt only parts will be replaced, no warranty is given by the Supplier in respect of (or liability accepted in relation to) any installation, and no refitting service will be provided by the Supplier.
6.3 The Supplier shall not be liable for Goods’ failure to comply with the warranties set out in clause 6.1 if:
(a) the Customer makes any further use of such Goods after giving notice of defects in accordance with clause 6.2;
(b) the defect arises because the Customer failed to follow the Supplier’s oral or written instructions as to the storage, installation, use, maintenance and/or cleaning of the Goods or (if there are none) good trade practice regarding the same;
(c) the defect arises as a result of the Supplier following any drawing, design or Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of the Supplier; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.
6.4 The Supplier’s only liability to the Customer if the Goods fail to comply with the warranties set out in clause 6.1 is as set out in this clause 6.
6.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
6.6 The terms of the Contract shall apply to any repaired or replacement Goods supplied by the Supplier.
9.1 Where the Company is not the manufacturer of the Products, the Company shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Company and the Company’s liability shall not exceed the amounts recovered from the manufacturer concerned.
9.2 The Company warrants that (subject to the other provisions of these Conditions) on delivery, and for a period of 12 months from the date of delivery, the Products shall:
(a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
(b) be reasonably fit for their usual purpose (or any particular purpose for which the Products are being bought if the Buyer had made known that purpose to the Company in writing and the Company has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgement of the Company).
9.3 The Company may at its discretion also provide an extended warranty of up to 10 years in respect of certain types of products supplied by the Company which may apply to the Products. If such extended warranty is to be provided in relation to any of the Products, the Company shall confirm this in writing to the Buyer in the Contract, and shall be subject to the Company’s Extended Guarantee Terms & Conditions (which includes certain conditions and exclusions which affect the Buyer’s ability to make a claim under it). The Buyer acknowledges and agrees that neither the Company’s warranty (referred to in condition 9.2) nor any extended warranty which may be available (referred to in this condition 9.3) relating to the Products is a “consumer guarantee” and the Buyer shall not hold the Company out as providing any guarantee to the Buyer’s customers or the end users in relation to the Products (whether in its advertising or otherwise). (For the purposes of this condition 9.3 a “consumer guarantee” shall have the meaning set out in The Sale and Supply of Goods to Consumers Regulations 2002).
9.4 The Company shall not be liable for a breach of any of the warranties in conditions 9.2 or 9.3 unless:
(a) if the defect is as a result of damage in transit (and such defect is visible on reasonable inspection) the Buyer must verbally notify the Company and the carrier of such damage within 24 hours of the time of delivery (and confirm the same to the Company in writing within [7 days] of delivery);
(b) (subject to condition 9.4(a)) the Buyer gives written notice of the defect to the Company within 1 month of the time when the Buyer discovers or ought to have discovered the defect; and
(c) the Company is given a reasonable opportunity after receiving notification by the Buyer under either condition 9.4(a) or (b) of examining such Products and the Buyer (if asked to do so by the Company and if reasonably practicable) arranges the return of such Products to the Company’s place of business at the Company’s cost for the examination to take place there.
9.5 The Company shall not be liable for a breach of any of the warranties in conditions 9.2 or 9.3 if:
(a) the defect arises because the Buyer failed to follow the Company’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Products or (if there are none) good trade practice; or
(b) the Buyer alters or repairs such Products without the written consent of the Company; or
(c) the defect has arisen from a drawing, design or specification supplied by the Buyer in relation to the Products.
9.6 Subject to condition 9.4 and condition 9.5, if any of the Products do not conform with any of the warranties in condition 9.2 the Company shall at its option repair or replace such Products (or the defective part) or refund the price of such Products at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall, at the Company’s expense, return the Products or the part of such Products which is defective to the Company.
9.7 If the Company complies with condition 9.6 it shall have no further liability for a breach of any of the warranties in condition 9.2 in respect of such Products.
9.8 Any Products replaced under condition 9.6 shall belong to the Company and any repaired or replacement Products shall be guaranteed on these terms for the unexpired portion of the 12 month period referred to in condition 9.2.
