(a) Subject to clause 9(b) the Company warrant to the Customer that:
(1) The goods will comply with any description performance or specification which the Company has agreed in writing will form part of this contract in the relation to the supply of such goods and;
(2) The goods will for a period of 12 months from delivery be free from defects in or arising from faulty or incorrect design, workmanship, parts or materials.
(b) The warranty n clause 9(a) will not apply and the Company will have no liability to the Customer whatsoever in the following circumstances:
(1) In respect of any defect in the goods arising from any specification, instruction or design supplied by the Customer, or
(2) In respect of any defect arising from wear and tear, willful or accidental damage, abnormal working conditions, failure to follow the Company’s instructions ( whether oral or in writing) or misuse; or
(3) If the total price of the goods has not been paid by the due date for payment.
(c) The Customer will inspect the goods upon delivery and will notify the Company in writing within 3 working days following the delivery if the goods have been damaged in transit, or if the incorrect quantity or specification of goods has been delivered. Provided the Company is notified of such damage or incorrect delivery within 3 working days and provided that the Company is satisfied that such damage occurred prior to the risk in the goods passing to the Customer or that the incorrect delivery has been made then it will at its cost either (at its’ discretion), replace or repair such goods but will have no further liability to the Customer whatsoever. The Company will not be required to replace or repair such goods if notification of the damage or incorrect delivery is not received within the 3 working day period.
(d) Subject to clause 9(c) the Customer will notify the Company as soon as reasonably practicable investigate any alleged breach of the warranties in clause (a) and will allow the Company’s’ servants or agents access to its’ premises to inspect the goods and if necessary to take such goods or part thereof away from the premises for further testing.
(e) Provided that the Customer complies with the clause with clause 9(d) the Company will as soon as reasonably practicable investigate any alleged breach of warranty and if satisfied that a beach of warranty has occurred shall remedy the same free of charge by either ( at its absolute discretion):
(1) Carrying out such repairs, modifications and alterations to the goods as may be necessary; and/or
(2) Replacing the goods or any component parts.
(f) Subject to clause 10(c) the Company will have no other or further liability to the Customer whatsoever and whether for breach of contract, negligence or otherwise in respect to any loss or damage sustained by the Customer arising from or in connection with any failure of the goods to comply with the terms of clause 9(a)
(g) Where the Company agrees to repair or replace goods in accordance with the foregoing provisions of this clause or otherwise than any time specified for delivery under the Contract will be extended for such period as the Company may reasonably require.
(h) Subject to the foregoing and with the exception of the conditions and warranties implied by section 12 of the sale of goods act 1979 all conditions warranties terms and undertakings express or implied statutory or otherwise in respect of the goods are hereby excluded.