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 the date of their initial use or 12 months from delivery, whichever is the first to expire.
The above warranty is given by the Seller subject to the following conditions:
The Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;
The Seller shall be under no liability in respect of any errors, omissions, misdescriptions or illustrations contained in or referred to in the Seller’s current catalogue and the Seller reserves the right to make any deletions, alternations, amendments or additions to such catalogue without notice to the buyer.
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 Sellers’ approval.
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 has not been paid by the due date for payment.
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.
Subject as expressly provided in these Conditions, and except where the Goods are sold to 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.
The Seller upon receiving notice to that effect from the Buyer shall prepare or replace free of charge goods damaged or lost in transit and due delivery of the goods shall not be deemed to have taken place until replaced or repaired goods have been delivered by the Seller to the Buyer. The Buyer shall hold such damaged goods or return them to the Seller at his own risk.
Where the Goods are sold 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.
The Buyer shall have a duty to inspect for shortages or apparent defects at the time of delivery. Any 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 shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 3 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 and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the prices as if the Goods had been delivered in accordance with the Contract.
Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
No goods delivered to the Buyer, which are in accordance with the contract, will be accepted for return without the prior written approval of the Seller on terms to be determined at the absolute discretion of the Seller.
If the Seller agrees to accept any such goods for return the Buyer shall be liable to pay a restocking charge of up to 25% of the invoice price. Such goods must be returned by the Buyer, carriage paid to the Seller in their original boxes and cases.
Boxes and cases which have been charged will be deducted from the sum due from the Buyer in accordance with Clause 8.6.2 above if they are returned to the Seller in good condition, carriage paid within fourteen days from the date of the Sellers invoice, but subject to any restocking charge.
Goods returned without the prior written approval of the Seller may at the Sellers absolute discretion be returned to the Buyer or stored at the Buyers cost without prejudice to any rights or remedies the Seller may have.
The Seller reserves the right to refuse the return of Goods supplied to specific order not held in stock. All cancellations of such orders must be confirmed in writing prior to the despatch of the Goods from the suppliers. The Buyer will be liable for the invoice price of the Goods where they have been specially made and cannot be cancelled.
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 any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (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, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided by the Conditions.
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, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Sellers’ reasonable control.
Act of God, explosion, flood, tempest, fire or accident.
War or threat of war, sabotage, insurrection, civil disturbance or requisition;
Acts, restrictions, bye-laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority;
Import or export regulations or embargoes;
Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
Published in PBC Today, David Mowatt, chairman of the Smoke Control Association (SCA) has written an article on the future of building regulations and touching on competence, compliance and a commitment to change.
Be Safe Direct are pleased to announce a new range of Dampers. Our new damper range has been engineered for optimum performance and have been tested to EN1366-2 & EN1366-10 Fire Damper test standards. Find out more.
If you are a property owner or developer, ensuring that you have the most effective control system in place for your smoke ventilation is vital. When choosing the best control system for smoke ventilation in your building, you will be faced with a number of options, offering different benefits and conflicting advice on each approach. In this article we look at some of the factors you should consider when choosing the controls for your smoke ventilation system.
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