Terms & Conditions
DEFECTIVE OR NON PERFORMING GOODS
If following delivery and inspection the Customer believes that the Sold Goods are not in accordance with the Sale Contract or are defective in materials or workmanship, (subject to Clause 16) the Customer will give notice to that effect to the Company within 7 days of delivery and retain the defective or non-conforming Sold Goods for inspection by the Company, and Clause 19 will apply. If the Customer does not give such notice, the Sold Goods will be conclusively presumed to be in all respects in accordance with the Sale Contract and free from any defect, which would be apparent on reasonable examination, and the Customer will be deemed to have accepted the Sold Goods accordingly. Save in the circumstances referred to in Clause 18, Sold Goods accepted by the Customer cannot subsequently be returned and any claim, which the Customer might otherwise have had will be deemed to have been waived.
Where following inspection the Company is reasonably satisfied that:
The Sold Goods notified by the Customer pursuant to Clause 8 are defective or not in accordance with the Sale Contract; or
The Sold Goods notified by the Customer pursuant to Clause 9 are subject to defects in materials or manufacture; the Company will at its sole option repair the damaged Sold Goods; or replace the damaged or missing Sold Goods (or parts) free of charge; or refund the purchase price, against return of the damaged Sold Goods (or parts) in the condition and packing in which they were delivered to the Customer, and the Customer’s sole remedy against the Company shall be limited to such repair, replacement or refund.