WARRANTY AND LIMIT OF RESPONSIBILITY
The Customer’s attention is particularly drawn to this Condition.
(a) It is the sole responsibility of the Customer to ensure that all Goods in an order are correct for the Customer’s requirements and are used in accordance with, but not limited to, the following:
(i) all current building regulations including, but not limited to,the Building Act 1984, the Building Regulations 2010 and the Building (Approved Inspectors etc.) Regulations 2010, in each case as updated from time to time;
(ii) any regulations regarding fire safety;
(iii) Secured By Design and/or Crime Prevention Through Environmental Design requirements of the Customer’s local Crime Prevention Design Advisors & Police Architectural Liaison Officers (where applicable); and
(iv) any applicable planning permissions and/or consents and any local planning requirements. The Company shall have no liability to the Customer in respect of any of the above and by submitting an order the Customer acknowledges and agrees to the above.
(b) The Company’s only warranty to the Buyer in respect of the Goods is the Guarantee. Subject to Condition 12(b), all warranties, conditions and other terms implied by law (whether by statute, common law or otherwise) are excluded from the Contract.
(c) If any Goods of the Company’s manufacture are defective, the Company will (at the Company’s choice) either repair or supply replacements, or refund a reasonable proportion of purchase price for the Goods, provided that the Company shall have no liability (including without limitation in negligence) for:-
(i) apparent defects notified to the Company later than 2 working days from delivery of such Goods to the Customer; or
(ii) any latent or other defects notified to the Company later than 14 days after the Customer becomes aware or ought to have become aware of the defect in such Goods from Company’s works; or
(iii) any latent or other defects notified to the Company outside any guarantee periods given in the Company’s then current catalogue at the time of despatch (the ‘warranty periods’).
(d) The Company will require a reasonable period of time to carry out
any repairs or supply of replacements.
(e) In relation to Goods not of the Company’s manufacture (including but not limited to parts and components supplied by others for Goods manufactured by the Company) the Company will so far as it is able to do so give the Customer the benefit of any express guarantee or warranty by the manufacturer or supplier of such Goods and any of the other rights which the Company has against the manufacturer or supplier.
(f) The Company shall have no liability (including without limitation in negligence) under Conditions 10(b) to (e) or otherwise to the extent that any defects in the Goods results from a failure of the Customer to comply with the following requirements:-
(i) all Goods must be stored in a dry place, stacked flat, slightly raised from the ground and adequately protected from the weather. No internal joinery shall be installed in a building, which has not adequately dried out;
(ii) all joinery supplied in the white must be suitably primed without delay after receipt and all joinery supplied shall receive further coats of paint within a reasonable period. Joinery supplied with a base-coat of stain must receive further coats as soon as possible, as detailed in the fitting/installing and maintenance instructions provided with the Goods on delivery;
(iii) any surface which is exposed by cutting or drilling must be retreated with a HSE approved cut end preservative. Follow the instructions for safe use on the manufacturer’s safety data sheet. If required for paint finish, it must also be primed before the joinery is fixed into position;
(iv) all joinery shall be installed correctly in accordance with normal trade practices and adequately maintained in service;
(v) paintwork or other protective surface finish of external joinery must be maintained in service and excess moisture shall not be allowed to penetrate into the timber;
(vi) the Customer must not have fitted, fixed, painted (except where required by the Company and/or the fitting/installing and maintenance instructions provided with the Goods on delivery) or in any way altered the Goods; and
(vii) the Customer must have complied with any instructions of the Company relating to the Goods including (but not limited to) all Recommendations and all conditions of any Guarantee.
(g) Additionally, in the event of any claim under any Guarantee the following provisions shall apply:-
(i) the Goods to be repaired or replaced shall be made available for collection by the Company at the original point of delivery and the expenses of re-delivery shall also be for the Company’s expense;
(ii) exchanged Goods will become the property of the Company;
(iii) if any claim is invalid, the Company may make charge to the Customer for any costs and expenses incurred in investigating the claim, recover any refunds given, and charge for any repairs or replacements made.
(h) The Customer’s remedies and the Company’s liability in respect of any defects in the Goods shall be limited to the remedies and liability set out in this Condition 10. All replaced or repaired Goods will be warranted for the unexpired portion of the warranty periods set out in the relevant Guarantee.
(i) Descriptions in the Company’s Catalogue (including, without limitation, as to colours, designs, methods of manufacture and specifications) are illustrative only and the Goods delivered may alter from their description. The Company shall be entitled to alter the description of Goods at any time without notification.