GARANTEE
IN THE UNLIKELY EVENT THAT A PROBLEM SHOULD ARISE WITH ONE OF OUR ENGINES OR BOILERS, WHICH CAN BE ATTRIBUTED TO A MANUFACTURING OR MATERIAL DEFECT ONLY, WE ASK THAT YOU CONSULT OURSELVES INITIALLY AND THEN IF NECESSARY RETURN THE DEFECTIVE PART, TOGETHER WITH A BRIEF NOTE EXPLAINING THE PROBLEM AND WILL BE PLEASED TO REPAIR OF IF APPROPRIATE REPLACE THE OFFENDING PART, FREE OF CHARGE.
IF GOODS ARE BEING RETURNED TO US, THE CUSTOMER IS RESPONSIBLE FOR ALL FREIGHT CHARGED AND SHALL BEAR THE RISK OF ACCIDENTAL LOSS OR DAMAGE.
THE WARRANTY OFFERED IS VALID FOR A PERIOD OF ONE (1) MONTH COMMENCING FROM THE DATE OF THE INVOICE AND IS RENDERED IMMEDIATELY VOID SHOULD THE TITLE TO THE PRODUCT BE TRANSFERRED BY RESALE OR ANY OTHER MEANS.
ADDITIONALLY, THE WARRANTY DOES NOT EXTEND TO COVER GOODS WHERE A DEFECT IS CAUSED BY ABNORMAL USE, MISUSE OR NEGLECT.
DUE TO THE NATURE AND OPERATION OF STEAM BOILERS NO WARRANTY CAN BE OFFERED. HOWEVER, WE WILL REVIEW EACH CASE INDIVIDALLY AND DO OUR BEST TO RESOLVE ANY PROBLEMS.
IF YOU ARE A CONSUMER, THE RIGHTS REFERED TO ABOVE ARE IN ADDITION TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS.
OUR LIABILITY IF YOU ARE A CONSUMER
ONLY APPLIES IF YOU ARE A CONSUMER
1 IF WE FAIL TO COMPLY WITH THESE TERMS, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THESE TERMS OR OUR NEGLIGENCE, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF IT IS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND US AT THE TIME WE ENTERED INTO THIS CONTRACT.
2 WE ONLY SUPPLY THE PRODUCTS FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE THE PRODUCT FOR ANY COMMERCIAL, BUSINESS OR RESALE PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
3 WE DO NOT IN ANY WAY EXCLUDE OR LIMIT OUR LIABILITY FOR:
3.1 DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE;
3.2 FRAUD OR FRAUDULENT MISREPRESENTATION;
3.3 ANY BREACH OF THE TERMS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 (TITLE AND QUIET POSSESSION);
4 ANY BREACH OF THE TERMS IMPLIED BY SECTION 13 TO 15 OF THE SALE OF GOODS ACT 1979 (DESCRIPTION, SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND SAMPLES); AND
5 DEFECTIVE PRODUCTS UNDER THE CONSUMER PROTECTION ACT 1987.
6 EVENTS OUTSIDE OUR CONTROL
6.1 WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS UNDER A CONTRACT THAT IS CAUSED BY AN EVENT OUTSIDE OUR CONTROL. AN EVENT OUTSIDE OUR CONTROL IS DEFINED BELOW IN CLAUSE 6.2.
6.2 AN EVENT OUTSIDE OUR CONTROL MEANS ANY ACT OR EVENT BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION STRIKES, LOCK-OUTS OR OTHER INDUSTRIAL ACTION BY THIRD PARTIES, CIVIL COMMOTION, RIOT, INVASION, TERRORIST ATTACK OR THREAT OF TERRORIST ATTACK, WAR (WHETHER DECLARED OR NOT) OR THREAT OR PREPARATION FOR WAR, FIRE, EXPLOSION, STORM, FLOOD, EARTHQUAKE, SUBSIDENCE, EPIDEMIC OR OTHER NATURAL DISASTER, OR FAILURE OF PUBLIC OR PRIVATE TELECOMMUNICATIONS NETWORKS OR IMPOSSIBILITY OF THE USE OF RAILWAYS, SHIPPING, AIRCRAFT, MOTOR TRANSPORT OR OTHER MEANS OF PUBLIC OR PRIVATE TRANSPORT.
6.3 IF AN EVENT OUTSIDE OUR CONTROL TAKES PLACE THAT AFFECTS THE PERFORMANCE OF OUR OBLIGATIONS UNDER A CONTRACT:
6.3.1 WE WILL CONTACT YOU AS SOON AS REASONABLY POSSIBLE TO NOTIFY YOU; AND
6.3.2 OUR OBLIGATIONS UNDER A CONTRACT WILL BE SUSPENDED AND THE TIME FOR PERFORMANCE OF OUR OBLIGATIONS WILL BE EXTENDED FOR THE DURATION OF THE EVENT OUTSIDE OUR CONTROL. WHERE THE EVENT OUTSIDE OUR CONTROL AFFECTS OUR DELIVERY OF PRODUCTS TO YOU, WE WILL ARRANGE A NEW DELIVERY DATE WITH YOU AFTER THE EVENT OUTSIDE OUR CONTROL IS OVER.
6.4 YOU MAY CANCEL A CONTRACT AFFECTED BY AN EVENT OUTSIDE OUR CONTROL WHICH HAS CONTINUED FOR MORE THAN 30 DAYS. TO CANCEL PLEASE CONTACT US. IF YOU OPT TO CANCEL, YOU WILL HAVE TO RETURN (AT OUR COST) ANY RELEVANT PRODUCTS YOU HAVE ALREADY RECEIVED AND WE WILL REFUND THE PRICE YOU HAVE PAID, INCLUDING ANY DELIVERY CHARGES.
7 WE ARE NOT LIABLE FOR LOSS OR DAMAGE AS A RESULT OF OUR PRODUCT BEING OPERATED IN A CARELESS MANNER, NOT ACCORDING TO OPERATING INSTRUCTIONS OR CIRCUMVENTION OF REASONABLE SAFETY PRECAUTIONS.
