s18 1 merged - Flipbook - Page 510
508
9.
9.1
9.2
9.3
9.4
9.5
9.6
9.7
10.
10.1
10.2
10.3
11.
11.1
11.2
12.
13.
13.1
13.2
13.3
QUALITY
The Company warrants that (subject to the other provisions of these conditions)
on delivery and for a period of 12 months from the date of delivery the Goods
shall be of satisfactory quality within the meaning of the Sale of Goods Act
1979
The Company shall not be liable for a breach of the warranty in condition 9.1
unless:
(a)
the Customer gives written notice of the defect to the Company, and,
if the defect is as a result of damage in transit to the carrier, within
3 days of the time when the Customer discovers or ought to have
discovered the defect; and
(b)
the Company is given a reasonable opportunity after receiving the
notice of examining such Goods and the Customer (if asked to do
so by the Company) returns such Goods to the Company’s place of
business at the Company’s cost for the examination to take place
there.
The Company shall not be liable for a breach of the warranty in condition 9.1
if:
(a)
the Customer makes any further use of such Goods after giving such
notice; or
(b)
the defect arises because the Customer failed to follow the
Company’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; or
(c)
the Customer alters or repairs such Goods without the written consent
of the Company.
Subject to condition 9.2 and condition 9.3, if any of the Goods do not conform
with the warranty in condition 9.1 the Company shall at its option repair or
replace such Goods (or the defective part) or refund the price of such Goods
at the pro rata Contract rate provided that, if the Company so requests, the
Customer shall, at the Company’s expense, return the Goods or the part of
such Goods which is defective to the Company.
If the Company complies with condition 9.4 it shall have no further liability for a
breach of the warranty in condition 9.1 in respect of such Goods.
Any Goods replaced shall belong to the Company and any repaired or
replacement Goods shall be guaranteed on these terms for the unexpired
portion of the 12 month period.
Under no circumstances will charges for any repair or remedial work, including
labour cost or equipment hire, be accepted without prior written consent and
agreement from Ansell.
LIMITATION OF LIABILITY
All warranties, conditions and other terms implied by statute or common law
(save for the conditions implied by section 12 of the Sale of Goods Act 1979)
are, to the fullest extent permitted by law, excluded from the Contract.
Nothing in these conditions excludes or limits the liability of the Company:
(a)
for death or personal injury caused by the Company’s negligence; or
(b)
for any matter which it would be illegal for the Company to exclude or
attempt to exclude its liability; or
(c)
for fraud or fraudulent misrepresentation.
Subject to condition 10.1:
(a)
the Company’s total liability in contract, tort (including negligence or
breach of statutory duty), misrepresentation, restitution or otherwise,
arising in connection with the performance or contemplated
performance of the Contract shall be limited to the Contract price;
and
(b)
the Company shall not be liable to the Customer for loss of profit, loss of
business, or depletion of goodwill in each case whether direct, indirect
or consequential, or any claims for consequential compensation
whatsoever (howsoever caused) which arise out of or in connection
with the Contract.
ASSIGNMENT
The Company may assign the Contract or any part of it to any person, firm or
company.
The Customer shall not be entitled to assign the Contract or any part of it
without the prior written consent of the Company.
FORCE MAJEURE
The Company reserves the right to defer the date of delivery or to cancel
the Contract or reduce the volume of the Goods ordered by the Customer
(without liability to the Customer) if it is prevented from or delayed in the
carrying on of its business due to circumstances beyond the reasonable control
of the Company including, without limitation, acts of God, governmental
actions, war or national emergency, acts of terrorism, protests, riot, civil
commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour
disputes (whether or not relating to either party’s workforce), or restraints or
delays affecting carriers or inability or delay in obtaining supplies of adequate
or suitable materials, provided that, if the event in question continues for a
continuous period in excess of 90 days, the Customer shall be entitled to give
notice in writing to the Company to terminate the Contract.
GENERAL
Each right or remedy of the Company under the Contract is without prejudice
to any other right or remedy of the Company whether under the Contract or
not.
If any provision of the Contract is found by any court, tribunal or administrative
body of competent jurisdiction to be wholly or partly illegal, invalid, void,
voidable, unenforceable or unreasonable it shall to the extent of such illegality,
invalidity, voidness, voidability, unenforceability or unreasonableness be
deemed severable and the remaining provisions of the Contract and the
remainder of such provision shall continue in full force and effect.
Failure or delay by the Company in enforcing or partially enforcing any
provision of the Contract shall not be construed as a waiver of any of its rights
under the Contract.
Terms & Conditions
13.4
13.5
13.6
14.
14.1
14.2
15.
15.1
16.
16.1
17.
17.1
18.
18.1
18.2
18.3
18.4
18.5
18.6
19.
19.1
19.2
20.
20.1
21.
21.1
22.
22.1
Any waiver by the Company of any breach of, or any default under,
any provision of the Contract by the Customer shall not be deemed a
waiver of any subsequent breach or default and shall in no way affect
the other terms of the Contract.
The parties to the Contract do not intend that any term of the Contract
shall be enforceable by virtue of the Contracts (Rights of Third Parties)
Act 1999 by any person that is not a party to it.
The formation, existence, construction, performance, validity and all
aspects of the Contract shall be governed by the law appropriate to
the country of residence of the Ansell company supplying the goods
and the parties submit to the exclusive jurisdiction of the relevant
courts.
COMMUNICATIONS
All communications between the parties about the Contract shall be
in writing and delivered by hand or sent by pre-paid first class post, sent
by fax or Email:
(a)
(in case of communications to the Company) to its registered
office and copied (if different from the Company’s principal
place of business as shown on the invoice rendered by the
Company for the Goods) to said principal place of business or
such changed address as shall be notified to the Customer by
the Company; or
(b)
(in the case of the communications to the Customer) to the
registered office of the addressee (if it is a company) or (in
any other case) to any address of the Customer set out in any
document which forms part of the Contract or such other
address as shall be notified to the Company by the Customer.
Communications shall be deemed to have been received:
(a)
if sent by pre-paid first class post, two days (excluding
Saturdays, Sundays and bank and public holidays) after posting
(exclusive of the day of posting); or
(b)
if delivered by hand, on the day of delivery; or
(c)
if sent by fax on a working day prior to 4.00 pm, at the time of
transmission and otherwise on the next working day.
ORDER VALUE
Please contact the Ansell Sales Office for value of carriage paid orders.
PURCHASE ORDERS
Written and priced orders will only be accepted.
DIRECT DELIVERIES
Ansell are unable to accept any liability for lost or misplaced goods
once they have been delivered with a clear signature at a specified
direct delivery address.
GOODS FOR RETURN
Under no circumstances may goods be returned without a
documented authorisation number from Ansell sales office.
Unauthorised returns will not be accepted. Goods will only be
accepted for the stated reason.
The documented authorisation numbers from Ansell sales office will
only be valid for 28 days after being issued and goods returned outside
this period may be refused.
Ansell will make every effort to issue a credit note for returned goods
within 28 days of receiving the goods. If a credit note has not been
issued within this 28 day period it is the responsibility of the customer to
investigate such outstanding credits with Ansell in a timely manner.
All faulty goods returned are inspected and tested. Any found to be in
perfect working order will be returned and re-invoiced, together with
any applicable carriage charges.
Goods purchased within a twelve week period and no longer
required, might be accepted for return at the discretion of Ansell.
Upon authorisation, it is the responsibility of the customer to return the
consignment, ensuring that the goods are in full working order and in a
re-saleable condition. Products and product boxes that are damaged
(including transit damage), defaced or with broken seals will not be
accepted for return and it is the responsibility of the customer to ensure
compliance.
Products with remote or integral emergency cannot be accepted for
return under any circumstances.
PRODUCTS MADE TO ORDER
Orders for specials ie variations to standard products or products not
defined as stock items, are ordered and supplied on a strictly nonreturnable basis.
Non-cancellable order basis. Under no circumstances will the
company accept returns in full or partial quantities.
SPECIFICATION
It is the responsibility of the purchaser to ensure that any product
selected is suitable and / or applicable for the intended installation.
COPYRIGHT
All products, names, drawings and descriptions may not be
reproduced in any form whatsoever without prior written consent from
Ansell.
PROTECTION OF PERSONAL DATA
The Company and the Customer undertake to comply with Regulation
(EU) 2016/679 of the European Parliament and of the Council of
27 April 2016 on the protection of natural persons with regard to
the processing of personal data and repealing Directive 95/46/EC
(General Data Protection Regulation) OJ L 119/1, 4.5.2016 (and any
successor legislation).
Designed to Deliver |www.ansell-lighting.com
