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Clarke International Extracts From Terms of Business - Warranty and Performance

We have provided the following extracts from the Clarke International Terms of Business for dealer and customer reference and referral.

1.1 Definition and Contract
In these Terms of Business the 'Goods' means any goods or other items sold by the supplier to the Customer; 'the Customer' means the company, individual or other entity purchasing the Goods or Services hereunder and 'the Supplier' means the company supplying the Goods or Services which company is identified on the Order, 'the Order' means the order form or other document which incorporates these Terms of Business; 'Services' means the repair and maintenance services to be provided hereunder, and 'the Terms' means these Terms of Business.
1.2 All sales of Goods and Supply of Services by the Supplier are subject to these Terms unless varied by written document signed by a director of the supplier. Howsoever the same may be qualified the placing of an order with the Supplier shall be deemed acceptance of these Terms. Unless otherwise stated thereon any offer or tender by the Supplier shall be open for acceptance for thirty days from the date thereof unless previously withdrawn.
6.1 Warranty and Performance
If and only if the Customer has made payment (when due) in full to the Supplier for the Goods the Supplier warrants the Goods (save for Goods manufactured to the Customer's specification or otherwise than to the specification of the Suppliers or the manufacturers thereof) to be free from defects caused by faulty design or materials or poor workmanship where such defect becomes apparent within a period of 12 months from delivery thereof PROVIDED
6.1.1 that the Customer gives written notice to the Supplier within 7 days of any defect becoming apparent with full details thereof and returns the Goods to the Suppliers warehouse carriage paid within a period of 21 days of any defect becoming apparent, and
6.1.2 that examination of the items by the Supplier shall disclose to its satisfaction that such defects exist and were caused by faulty design or materials or poor workmanship, and
6.1.3 that the liability of the Supplier hereunder shall be limited to the replacement or repair (at the Suppliers discretion) of the defective Goods (excluding consumables and service parts such as gaskets, valves, oil etc) during normal business hours and re-delivery thereof (free of charge) to the Customer and PROVIDED THAT in respect of items returned more than six months after delivery the client shall pay all labour charges included and PROVIDED FURTHER that where labour is so chargeable the Supplier may at its discretion charge the Customer all travel time for warranty calls at the Suppliers standard current charge rate.
6.1.4 that this warranty is contingent on proper use of the Goods in the application intended and does not apply to any item which has been modified, subjected to unusual process or physical or electrical stress or incorrect installation, improper lubrication, operation in an environment containing paint, dust, abrasives or similar contaminants or which has been overloaded or has had the original identification marks removed or altered or has been used otherwise than in accordance with the manufacturer's instructions.
6.1.5 that the Customer shall pay the Supplier the cost of any test and transport of items in respect of which the Supplier does not admit liability hereunder, and
6.1.6 details of the Supplier s current charges for labour and travel are available from the service manager.
6.2 The Supplier shall not be liable for failure of the Goods sold hereunder to meet any specification or attain any performance or any British or other standard unless the Supplier shall have previously expressly guaranteed attainment of the same in writing.
6.3 Any advice or recommendation made by the Supplier or its employees or agents as to the storage, use or application for the Goods shall not be binding upon the Supplier unless confirmed in writing and signed by a director of the Supplier. The Customer should rely upon manufacturer's instructions for all instructions and advice. The Customer must satisfy itself that the Goods are suitable for the purpose and application for which they are purchased and the Supplier gives no warranty that the Goods are suitable for any particular purpose or application or that they meet any other specification or requirement.
6.4 The Supplier reserves the right to deliver Goods of a different specification to that ordered if the differences in the specification do not adversely affect the quality of the Goods to any significant degree.
6.5 Subject as expressly provided in these Terms of Business all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law PROVIDED THAT this sub-clause shall not apply where the Goods or Services supplied hereunder are supplied to the Customer dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977).

It is the sole responsibility of the Customer to comply with the manufacturer's recommendations for installation, commissioning, operation and maintenance of the Goods.

Your statutory rights are unaffected.

For further information please contact:

The Service Manager
Clarke International
Shrubland Road
E10 7RB

Telephone: 020 8988 7400