Avery Berkel Xs400

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17. WARRANTY – GOODS

17.1 We will make good by repair or, at our option, by the supply of a replacement, any defect which under proper use, care and maintenance, appears in the Goods including the Operating Software for the period set out in the Warranty Schedule forming part of these Conditions after the Goods have been Delivered to the Customer and which arises solely from our faulty design material or workmanship, provided always that:

(a) the existence of any defective Goods or part thereof has been communicated to us and if we so require, we may attend the site to repair the Goods or at our option request that the defective Goods or the part thereof which is believed to be defective has been returned to us at the Customer’s cost immediately upon the Customer becoming aware of any defect covered by the above warranty.

(b) no warranty express or implied will be given by us for any defect caused by design, materials or workmanship furnished by the Customer which has been incorporated into the Goods.

(c) where we have manufactured Goods to the Customer’s design, the scope of this warranty is limited to our workmanship.

(d) unless stated on the Order Acknowledgement, no warranty express or implied will be given by us in respect of Goods where the installation, assembly, repair or maintenance is performed by any person other than us, nor where the Operating Environment is not maintained or consumables other than those recommended by us are used.

(e) no warranty express or implied will be given where the Customer has failed to promptly comply with all its obligations to make payment or provide any guarantees or other documents as specified in these Conditions

17.2 Any Goods or part thereof which are properly returned in accordance with this warranty and has been accepted by us as being defective will be repaired and/or replaced by us free of charge and the repaired or replaced Goods or part will be despatched to the Customer, at our cost.

17.3 Except where the Customer deals with us as a Consumer, our liability under Condition 17.1 is in lieu of and shall be deemed to exclude all warranties and conditions whether express or implied and whether arising by common law statute or otherwise relating to the Goods, in particular but without limitation to the foregoing we shall not be liable for the failure of any of the Goods supplied to be fit for any particular purpose for which they are required, nor for failure in other than a properly maintained Operating Environment.  Save as provided in this Condition 17, we shall not be under any liability, whether in contract, tort or otherwise, in respect of defects in the Goods and the Operating Software, damage or loss resulting from such defects or from any work done in connection therewith, or for any injury, other than death or personal injury caused by our negligence as defined in Section 1 of the Unfair Contract Terms Act 1977.

17.4 If the Customer returns any Goods or part thereof to us which we do not accept as defective we reserve the right to charge the Customer an inspection fee.

17.5 We at our discretion may, on being advised by the Customer that a part of the Goods is defective, at out cost, despatch to the Customer a replacement part.  In such an event, the Customer shall promptly and, in any event, immediately it is removed from the Goods, return to us the part which is believed to be defective.  If we do not accept the part is defective, in addition to the charge that we may make pursuant to Condition 17.4, we may invoice the Customer for the replacement part and the cost of its carriage to the Customer.