a) Seller warrants that so far as it is reasonably able so to do, it will transfer to Buyer the benefit of any transferable warranties given by the relevant manufacturer of the Products (subject always to the terms, conditions and limitations of any such warranty) and any other rights which the Seller may enforce against the manufacturer. Buyer’s remedies relating to any claim that Products are defective or not in accordance with the contract for their supply or not in accordance with any express description, representation, condition or warranty implied by law or any other claim in respect of the Products or any workmanship relating thereto shall in all cases be limited to enforcement of the manufacturer’s warranty (as mentioned above) and the Seller shall not be liable for damages, compensation, costs, expenses losses of any kind, direct or indirect or consequential and any other remedy which would otherwise be available in law is hereby excluded (save only to the extent that such exclusion is prohibited by the applicable governing law). IT IS BUYER’S OBLIGATION TO REQUEST COPIES OF ANY APPLICABLE MANUFACTURER WARRANTIES AND BUYER SHALL BE DEEMED TO HAVE ACCEPTED SUCH WARRANTIES UPON ACCEPTANCE OF DELIVERY OF THE PRODUCTS. (b) Seller’s exclusive obligations with respect to any non-conforming Product or Services or breach of warranty or condition in relation to quality, description, fitness for purpose, merchantability or suitability of Products or Services shall be, at Seller’s option, to repair or replace the Product, if it is determined to be defective, or to re-perform the Service, or to refund or credit the Buyer the price paid for the relevant Products or Services. (c) THE FOREGOING WARRANTIES ARE THE SOLE WARRANTIES, GIVEN BY SELLER IN CONNECTION WITH THE PRODUCTS AND SERVICES, AND SELLER DISCLAIMS AND EXCLUDES (TO THE FULLEST EXTENT PERMITTED BY LAW) ALL OTHER WARRANTIES AND CONDITIONS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO THOSE RELATING TO QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OF THIRD PARTY RIGHTS AND LATENT DEFECTS and subject to the following clauses 6(d) to (k). (d) Where the Products and/or Services are sold to a consumer within the meaning of the Unfair Contract Terms Act 1977 under a consumer transaction as defined by the Consumer Transactions (Restrictions on Statements) Order 1976 the CONSUMER’S STATUTORY RIGHTS ARE NOT AFFECTED BY THESE CONDITIONS. (e) Replacement Products are warranted as set forth above. Any Products repaired or serviced by Seller are warranted as provided in this Section 6 for the remainder of the warranty period or ninety (90) days after the Products are returned to Buyer, whichever is later (based upon the date that repair or other agreed service is completed). (f) This warranty shall not apply to any Products that have been subject to misuse, improper testing, assembly, mishandling, or which has been operated contrary to current instructions relating to installation, maintenance or operation, or contrary to industry standards relating to acceptable input power. (g) Seller shall have no liability for any copyright, design or patent infringement, which may occur, as a result of the sale of Products to Buyer. Buyer’s only remedy or recourse for copyright, design or patent infringement shall be against the manufacturer of the Products. There shall be no remedy or recourse against Seller or the manufacturer to the extent the infringement arises from or is otherwise based upon (i) the manufacturer’s or Seller’s compliance with the particular requirements of Buyer that differ from the manufacturer’s standard specifications for the Product; (ii) modifications or alterations of the Product other than by the manufacturer; or (iii) a combination of the Product with other items not furnished or manufactured by the manufacturer or Seller. (h) SUBJECT TO CLAUSE 6(j) BELOW, SELLER SHALL NOT BE LIABLE TO BUYER BY REASON OF ANY REPRESENTATION (UNLESS FRAUDULENT) OR ANY IMPLIED WARRANTY, CONDITION OR OTHER TERM OR ANY DUTY AT COMMON LAW OR UNDER AN EXPRESS TERM OF THE AGREEMENT FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OR PROFIT, TURNOVER, BUSINESS, GOODWILL OR OTHERWISE) COSTS, EXPENSES OR OTHER CLAIMS FOR COMPENSATION WHATSOEVER (WHETHER CAUSED BY SELLER’S NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS OR OTHERWISE) WHICH ARISE OUT OF OR IN CONNECTION WITH THE SUPPLY OF THE PRODUCTS AND/OR SERVICES OR THEIR USE OR RESALE BY BUYER AND, (i) SELLER’S ENTIRE LIABILITY UNDER OR IN CONNECTION WITH THE AGREEMENT SHALL NOT EXCEED THE PRICE OF THE PRODUCTS AND/OR THE SERVICE. FORMING THE SUBJECT OF THE BUYER’S CLAIM (j) PROVIDED ALWAYS THAT NOTHING IN THESE TERMS AND CONDITIONS SHALL OPERATE OR BE CONSTRUED SO AS TO EXCLUDE OR RESTRICT THE LIABILITY OF THE SELLER FOR FRAUD DEATH OR PERSONAL INJURY CAUSED BY REASON OF THE NEGLIGENCE OF THE SELLER, ITS EMPLOYEES OR AGENTs (k) if the Buyer wishes to claim under the foregoing warranties the Buyer must notify the Seller within seven days of discovery of any defect and in any even no later than three months of the delivery of the relevant Products, otherwise Buyer waives its rights and Seller shall have no liability for any alleged defect. The above warranties are not assignable, and Seller cannot accept warranty returns directly or indirectly from Buyer’s own customers or from the user of the Products. Nothing herein shall create any privity of contract between the Seller and the Buyer’s own customers. Seller relies on information from Product manufacturers or intermediate suppliers relating to product content or description (including, if applicable, lead free content or description indicating Product is ROHS compliant). Seller shall not be liable in the case of misrepresentation, misleading information or act or omission of the manufacturer or intermediate supplier regarding Product content or description. In any event, Seller’s liability in any case of supply of non-compliant Product is limited (at Seller’s option) to replacement of Product supplied or refund or credit of the invoiced price paid by the Buyer for the Product supplied.
This warranty covers every lack of conformity or hidden defect with regard to the Products and Services, to the exclusion of any other express or tacit warranty.
Subject to applicable regulations, all Products are guaranteed for a period of twenty four (24) months from the date of their Delivery (hereafter the “Product Warranty Period”).
This warranty does not cover wear parts if any.
Should the guarantee be enforced, any Product return is subject to prior approval by Seller under an incident ticket opened by the Buyer, it having been specified that this prior approval does not carry recognition by Seller of the defectiveness of the Product in question, and will be returned to Seller at the expense and risks of the Buyer by a carrier chosen by the Buyer.
Seller undertakes to repair or replace, at its sole discretion, any Product under warranty, considered to be defective by Seller, as soon as possible. In this case only any replacement Product and/or Product having undergone repairs will be returned to the Buyer in EUROPE at the expense of Seller. Apart from this case, or in the case of a return outside EUROPE, all the return transport charges will be at the expense of the Buyer.
If the Product returned within the scope of the warranty finally proves to be in good operating condition or is excluded from the enforcement of the warranty the intervention services performed by Seller on the Product concerned will be invoiced to the Buyer, in accordance with a Commercial Offer it will have been sent and will have accepted, prior to any intervention by Seller.
No extension to the duration of this warranty shall be provided to cover the time for which the Product was not available even in case of replacement of the Product.