5. QUALITY OF GOODS

5.1 The Seller warrants that on delivery, and for a period of 12 months from the date of delivery (“Warranty Period”), the Goods shall: (a) be as described in the Seller’s catalogue or in any specification as appropriate; (b) be free from material defects in design, material and workmanship; and (c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

5.2 Subject to clause 5.3 if: (a) the Buyer gives notice in writing during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;

(b) the Seller is given a reasonable opportunity of examining such Goods; and

(c) the Buyer (if asked to do so by the Seller) returns such Goods to the Seller’s place of business at the Buyer’s cost, then the Seller shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

5.3 The Seller shall not be liable for the Goods’ failure to comply with the warranty in clause 5.1 if the Buyer makes any further use of such Goods after giving a notice in accordance with clause 5.2;

(b) the defect arises because the Buyer failed to follow the manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;

(c) the defect arises as a result of the Seller following any drawing, design or specification supplied by the Buyer;

(d) the Buyer alters or repairs such Goods without the written consent of the Seller;

(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or (f) the Goods differ from the specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards; or (g) the Buyer has not paid in full for the Goods.

5.4 Except as provided in this clause 5, the Seller shall have no liability to the Buyer in respect of the Goods’ failure to comply with the warranty set out in clause 5.1. 5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by the Seller under clause 5.2.

6. RETURNS

6.1 Goods returned at the Buyer’s request not on the Seller’s own vehicle shall be at the Buyer’s risk regarding insurance for a value not less than the full invoice price.

6.2 Subject to clause 5, specifically ordered or non-stock items are not returnable, and all other returns must be sanctioned by the Seller prior to Goods being returned.

6.3 Costs of collection and re-delivery of replacement items will be met by the Buyer unless attributable to the negligence of the Seller. Only Goods returned in saleable condition can be accepted for credit. The Seller reserves the right to levy a re-stocking and handling charge. All returns must be sanctioned by the Seller prior to Goods being brought back.

BUYER’S OBLIGATIONS

The Buyer shall: (a) ensure that the terms of the Order and any specification are complete and accurate; and (b) in the event that the Goods do not accord with the Order, the Buyer must notify the Seller within 24 hours from the date of delivery and be confirmed in writing to the Seller within three days, failing which the Buyer will be deemed to have accepted the Goods.