7. Guarantee
(a) Subject to 8(a), the Seller guarantees at its discretion to refund the price of, or to rpair or replace free of charge, any of the Goods found to its satisfaction to be defective within 12 months of the date of delivery owing to faulty design, materials or workmanship, provided that the Goods shall not have been modified or repaired other than by the Seller, and provided they have been operated, stored and maintained with the Seller’s recommendations for use. In the case of the Goods repaired or replaced by the Seller, the guarantee shall terminate at the end of the original guarantee period.
(b) Goods returned under this guarantee must be delivered to the Seller’s premises at the Purchaser’s expense accompanied by the Seller’s original packaging note or delivery note and statement of reason for the return.
(c) The Seller’s liability under conditions 7(a) and 8(a) is the sole liabilty of the Seller as regards the quality, fitness, description or correspondence with sample of the Goods. All other representations, warranties, conditions, terms and statements in such regard, express or implied, statutory or otherwise, are excluded save where not capable of excluded at law.
(d) Goods shall not be considered defective for the porposes of these Conditions unless: (i) they are not in accordance with any specification of the Purchaser accepted in writing by the Seller, or (ii) if there is no such specification or to the extent that such specification is silent as to any aspect of the design function, performance, tolerances, quality or characteristics of the Goods, the Goods do not conform to the Seller’s published information (if any) or otherwise to the standards which the Seller considers normal or usual for the products of the kind sold at similar price. The Seller is not in a position to ensure that the Purchaser’s specification is correct and/or sufficient for the purposes intended by the Purchaser and the Purchaser is solely reponsible therefore.
8. Goods
(a) Goods not manufactured by the Seller are supplied on condition that the Seller’s liability in contract, tort or otherwise shall in no circumstances extend beyond liability to the Seller of the manufacturer or supplier of the Goods. In particular, but without limitaion, the benefits of the supplier/manufacturer’s guarantee or warranty attached to the Goods shall be made available to the Purchaser and Condition 7 (a) shall not apply.
(b) By ordering Goods the Purchaser agrees to; comply with the terms of any licence granted to the Seller and keep it indemnified against any claim by the relevant Licensor against the Seller as a result of any act or omission on part of the Purchaser.
(c) Details of the aforementioned guarnatee, warranty and licence (if applicable) are available on request from the Seller.
9. Force Majeure
The Seller shall have no liability in respect of failure or delay in delivering or in performance of any obligations under the contract due to any cause outside the Seller’s control including, but not limited to Acts of God, fire, flood, war, civil disturbance, riot, act of Government, currncy restriction, industrial disputes, unavailability of materials or failure of supplier, carrier or subcontractor to deliver on time.