1. THE SELLER SHALL TAKE REASONABLE STEPS TO ENSURE THAT THE GOODS ARE FREE FROM DEFECTS AND OF GOOD QUALITY AND, SUBJECT TO THE FOLLOWING PROVISIONS OF THIS CLAUSE 8, GOODS SUPPLIED BY THE SELLER SHALL BE GUARANTEED IN RESPECT OF DEFECTS IN THE GOODS ARISING AS A RESULT OF FAULTY MATERIALS OR WORKMANSHIP FOR A PERIOD OF TWELVE (12) MONTHS FROM THE DATE OF DESPATCH OF THE GOODS TO THE BUYER. TO MAKE A CLAIM UNDER THE GUARANTEE SET OUT IN THIS CLAUSE 8.1, THE BUYER SHALL RETURN THE GOODS, CARRIAGE PAID, TO THE SELLER WITHIN TWELVE (12) MONTHS OF THE DATE OF DESPATCH OF THOSE GOODS BY THE SELLER TO THE BUYER.
2. THE SELLER SHALL USE ITS BEST ENDEAVOURS TO ASSIGN TO THE BUYER THE BENEFIT OF ANY MANUFACTURER’S WARRANTY, OR ANY OTHER GUARANTEE WHICH APPLY TO ANY GOODS SUPPLIED.
3. ANY CLAIM BY THE BUYER WHICH IS BASED ON ANY DEFECT IN THE QUALITY, QUANTITY OR CONDITION OF THE GOODS OR THEIR FAILURE TO CORRESPOND WITH SPECIFICATION SHALL (WHETHER OR NOT DELIVERY IS REFUSED BY THE BUYER) BE NOTIFIED TO THE SELLER WITHIN TWENTY FOUR (24) HOURS OF DELIVERY OR (WHERE THE DEFECT OR FAILURE WAS NOT APPARENT ON REASONABLE INSPECTION) WITHIN FOURTEEN (14) DAYS AFTER DISCOVERY OF THE DEFECT OR FAILURE. IF DELIVERY IS NOT REFUSED, AND THE BUYER DOES NOT NOTIFY THE SELLER ACCORDINGLY, THE BUYER SHALL NOT BE ENTITLED TO REJECT THE GOODS AND THE SELLER SHALL HAVE NO LIABILITY FOR SUCH DEFECT OR FAILURE, AND THE BUYERSHALL BE BOUND TO PAY THE PRICE AS IF THE GOODS HAD BEEN DELIVERED IN ACCORDANCE WITH THE CONTRACT.
4. WHERE ANY VALID CLAIM IN RESPECT OF ANY OF THE GOODS WHICH IS BASED ON ANY DEFECT IN THE QUALITY OR CONDITION OF THE GOODS OR THEIR FAILURE TO MEET SPECIFICATION IS NOTIFIED TO THE SELLER IN ACCORDANCE WITH CONDITION 8.3* ABOVE, THE SELLER SHALL BE ENTITLED TO REPLACE THE GOODS (OR THE PART IN QUESTION) FREE OF CHARGE OR, AT THE SELLER’S SOLE DISCRETION, REFUND TO THE BUYER THE PRICE OF THE GOODS (OR A PROPORTIONATE PART OF THE PRICE), BUT THE SELLER SHALL HAVE NO FURTHER LIABILITY TO THE BUYER WHATSOEVER.
5. FOR THE AVOIDANCE OF DOUBT, THE REMEDIES SET OUT IN CONDITIONS 8.3* AND 8.4* ABOVE REPRESENT THE SELLER’S ENTIRE LIABILITY IN RESPECT OF ANY DEFECTIVE GOODS AND WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING:-
   1. THE SELLER SHALL BE UNDER NO LIABILITY IN RESPECT OF ANY DEFECT IN THE GOODS ARISING FROM ANY DRAWING, DESIGN OR SPECIFICATION SUPPLIED BY THE BUYER;
   2. THE SELLER SHALL BE UNDER NO LIABILITY IN RESPECT OF ANY DEFECT ARISING FROM WILFUL DAMAGE, NEGLIGENCE, ABNORMAL WORKING CONDITIONS, MISUSE OR ALTERATION OR REPAIR OF THE GOODS WITHOUT THE SELLER’S APPROVAL.
   3. THE SELLER SHALL BE UNDER NO LIABILITY IN RESPECT OF ANY DEFECT ARISING FROM A FAILURE TO INSTALL, OPERATE OR ASSEMBLE THE GOODS IN ACCORDANCE WITH THE SELLER’S INSTRUCTIONS (WHETHER ORAL OR IN WRITING);
   4. IN NO EVENT SHALL THE BUYER BE ENTITLED TO REJECT THE GOODS ON THE BASIS OF ANY DEFECT OR FAILURE WHICH IS SO SLIGHT THAT IT WOULD BE UNREASONABLE FOR THE BUYER TO REJECT THEM.
6. SUBJECT AS EXPRESSLY PROVIDED IN THESE CONDITIONS, AND EXCEPT WHERE THE GOODS ARE SOLD TO A PERSON DEALING AS A CONSUMER (WITHIN THE MEANING OF THE SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 OR THE EUROPEAN COMMUNITY (UNFAIR TERMS AND CONSUMER CONTRACTS) REGULATIONS 1995), ALL WARRANTIES, CONDITIONS OR OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. FOR THE AVOIDANCE OF DOUBT, THE BUYER CONFIRMS THAT HE ENTERS INTO THESE CONDITIONS IN THE COURSE OF ITS BUSINESS AND NOT AS A CONSUMER FOR THE PURPOSES OF OR WITHIN THE MEANING OF THE SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 OR THE EUROPEAN COMMUNITY (UNFAIR TERMS AND CONSUMER CONTRACTS) REGULATIONS 1995.
7. EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY THE SELLER’S NEGLIGENCE, THE SELLER SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO THE BUYER BY REASON OF ANY REPRESENTATION (UNLESS FRAUDULENT), OR ANY IMPLIED WARRANTY, CONDITION OR OTHER TERM, OR ANY DUTY AT COMMON LAW, OR UNDER THE EXPRESS TERMS OF THE CONTRACT, FOR ANY LOSS WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF SALES, INCREASED COSTS OR OTHERWISE), COSTS, EXPENSES OR OTHER CLAIMS FOR COMPENSATION WHATSOEVER (WHETHER CAUSED BY THE NEGLIGENCE OF THE SELLER, ITS EMPLOYEES OR AGENTS OR OTHERWISE) WHICH ARISE OUT OF OR IN CONNECTION WITH THE SUPPLY OF THE GOODS OR THEIR USE OR RESALE BY THE BUYER, AND THE ENTIRE LIABILITY OF THE SELLER UNDER OR IN CONNECTION WITH THE CONTRACT SHALL NOT EXCEED THE PRICE OF THE GOODS, EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS.
8. UNLESS THE SELLER SHALL HAVE MODIFIED THE GOODS THE SELLER SHALL NOT BE DEEMED TO BE THE MANUFACTURER OF THE GOODS AND THE SELLER SHALL NOT BE LIABLE FOR ANY DEATH OR PERSONAL INJURY DUE TO ANY OF THE GOODS BEING ON SALE WITHIN THE MEANING OF THE DEFECTIVE PRODUCTS ACT, 1991.
9. THE SELLER SHALL NOT BE LIABLE TO THE BUYER OR BE DEEMED TO BE IN BREACH OF THE CONTRACT BY REASON OF ANY DELAY IN PERFORMING, OR ANY FAILURE TO PERFORM, ANY OF THE SELLER’S OBLIGATIONS IN RELATION TO THE GOODS, IF THE DELAY OR FAILURE WAS DUE TO ANY CAUSE BEYOND THE SELLER’S REASONABLE CONTROL (INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, EXPLOSION, FLOOD, TEMPEST, FIRE, ACCIDENT, WAR OR THREAT OF WAR, SABOTAGE, IMPORT OR EXPORT REGULATIONS OR EMBARGOES, STRIKES, LOCKOUTS, DIFFICULTIES OBTAINING RAW MATERIALS, LABOUR, FUEL, PARTS OR MACHINERY, POWER FAILURE OR BREAK DOWN IN MACHINERY).

*References the Terms & Conditions