Warranty and Exemptions
11.1. The Seller warrants that the Goods, on delivery, and for a minimum of one year thereafter in the case of Goods (comprising seating) that are used for no more than eight hours per days and for one year if used for more than eight hours per day (the warranty period), shall:
11.1.1. Conform in all material respects with their description;
11.1.2. Be free from material defects in design, material and workmanship; and
11.1.3. Be of satisfactory quality within the meaning of the Sale of Goods Act 1979
11.2. Subject to clause 11.3, if:
11.2.1. The Buyer gives notice in writing to the Seller during the warranty period and within seven business days of discovery that some or all of the Goods do not comply with the warranty set out in clause 11.1; and
11.2.2. The Seller is given a reasonable opportunity of examining and testing such Goods at the Buyer’s premises if the Seller so requests; and
11.2.3. 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, the Seller shall, at its option, repair or replace the defective Goods or part of the Goods in accordance with the provisions in clauses 11.3 to 11.5 below, or refund the price of the defective Goods in full.
11.3. In the case of an insubstantial repair, the Seller will send out replacement parts free of charge to the Buyer (or the Buyer’s customer if so requested) and it will be the Buyer’s responsibility to fit the parts. The Buyer may elect to return the goods to the Seller for repair, or agree with the Seller for the Seller to collect the Goods for repair from the Buyer or its customer. Upon completing the repair, the Seller will redeliver the Goods but will be entitled to charge the Buyer for this service a minimum sum of £25 per item repair/collection charge. Full price available on request.
11.4. If a replacement part is requested, the Seller may require the Buyer or the Buyer’s customer to supply a photo of the alleged damage to assess the problem so it can be corrected in the most cost effective way.
11.5. If, upon subsequent inspection of any Goods collected by the Seller believing the same to be defective and in need of replacement (or that the Buyer is entitled to a refund), it transpires that the Goods were capable of repair, the Buyer will be charged a minimum sum £25 per item repair/collection charge, and the Goods will be repaired and returned. Full price available on request.
11.6. The Seller does not offer a free on-site maintenance service.
11.7. The Seller shall not be liable for Goods' failure to comply with the warranty set out in clause 11.2 in any of the following events:
11.7.1. The Buyer makes any further use of such Goods after giving notice in accordance with clause 11.2;
11.7.2. The defect arises because the Buyer failed to follow the Seller's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
11.7.3. The defect arises as a result of the Seller following any drawing, design or specification supplied by the Buyer;
11.7.4. The Buyer alters or repairs such Goods without the written consent of the Seller;
11.7.5. The defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
11.7.6. The Goods differ from their description or any specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
11.8. Except as provided in this clause 11, the Seller shall have no liability to the Buyer in respect of the Goods' failure to comply with the warranty set out in clause 11.1.
11.9. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
11.10. These Conditions shall apply to any repaired or replacement Goods supplied by the Seller.
11.11. Nothing in these Conditions shall limit or exclude the Seller’s liability for:
11.11.1. Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
11.11.2. Fraud or fraudulent misrepresentation;
11.11.3. Breach of the terms implied by section 12 of the Sale of Goods Act 1979;
11.11.4. Defective products under the Consumer Protection Act 1987; or
11.11.5. Any matter in respect of which it would be unlawful for the Seller to exclude or restrict liability.
11.12. Subject to clause 11.11:
11.12.1. The Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
11.12.2 the Seller's total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Goods.