Liabilities in respect of goods supplied
1. Initial Terms
- No oral representation by us or our servants of Agents shall be incorporated into this contract.
- No representation condition or warranty other than such as may be implied by statute notwithstanding any exclusion thereof by this agreement shall be incorporated into this contract.
- The Buyer confirms that he has relied on his own inspection and has not relied on any representation by the Seller prior to the making of the contract.
2. The Seller accepts liability to make good replacement or repair defects which appear in goods supplied by the Seller and which arise solely from faulty design (if by the Seller) materials or workmanship subject to the following limitations:-
- That the goods have been used solely for their proper and normal use
- That the defect arise within twelve months after the dispatch of the original goods
- That the defects are or should be apparent to the Seller on the Seller’s inspection
- That defects which arise out of fair wear and tear are excluded
- That no alterations or modifications (other than by the Seller) have been made to the goods.
- That the goods have been applied in accordance with the Seller’s instructions relating to preparation, application and use.
3. Without prejudice to the Buyer’s rights under Section 5 of the unfair Contract terms Act 1977 the Seller shall not be liable for any fault in goods supplied which fault can be remedied under the manufacturers warranty or guarantee unless and until the Buyer’s remedies under that warranty or guarantee are exhausted or excluded.
4. Save in respect to loss of life and personal injury which liability cannot be excluded by law, the Seller accepts no liability for consequential loss or third party loss of any kind whatsoever.
5. The Seller shall in no circumstances be liable for any loss or damage occasioned by the negligent use or application of the goods by the Seller’s servants or agents or by the Buyer’s servants or agents or by third parties.
6. The absolute limit of the Seller’s liability associated with this agreement is equal to the value of the supplied materials connected with the particular project in question.