In the event that any Equipment supplied by us shall provide to be defective on or before the expiry of a period of twelve calendar months from the date of delivery or a period of six calendar months from the date of installation of the Equipment (whichever shall be the earlier) by reason of faulty materials or workmanship or by reason of the fact that the Equipment is otherwise than in accordance with our specification, we undertake to remedy any such defect in the equipment either by repair or by the supply of replacement parts, our sole option such repair or replacement to be free of charge of all Equipment situated in the United Kingdom providing always that such undertaking:
(i) Shall not apply to all or any part of the Equipment not manufactured by us to any part of the Equipment supplied by you and
(ii) Shall apply only where the Equipment has been located installed operated and maintained strictly in accordance with good engineering practice and our data sheets instructions and drawings; and
(iii) Shall not apply where any defect arises by reason of damage sustained in transit; and
(iv) Shall only apply where written notice of the defect is given to us as soon as practicable after you have become aware of the defect and in any event during the period specified above and where the defective Equipment has not been used after the date of such notice and until repair or replacement has been effected; and
(v) Shall only apply if we have had the opportunity to examine and test the Equipment (at our option, either on site or at our premises). In the event that such examination and test shows that the Equipment is not defective as aforesaid the cost of such examination and test shall be charged to you; and
(vi) Shall not apply where the Equipment is used in circumstances, where high loading, high speed or reduced lubrication adversely affects the bearing life.
In the event that the Equipment is returned to us we shall not be liable for any costs incurred by you unless such costs have previously been authorised in writing by us.
Where the equipment or any components thereof have not been manufactured by us, we will pass on to you the benefit of such warranty as may be obtained by us from the original manufacturer.
Save as expressly provided by the contract we shall not be liable in any manner whatsoever whether to you or to any third party for any loss or damage of whatsoever kind or howsoever caused arising from the contract or the supply of the equipment hereunder or whether arising in contract tort (including for the doubt negligence) or by statue provided only that such exclusive shall not exclude or limit any liability or purport to exclude or limit any liability where such exclusive or limitation is void or unenforceable pursuant to the Unfair Contract Terms Act 1977.
Save as expressly provided in the contract you shall indemnify us against all liability to third parties (including all cost charges and expenses) which we may incur or suffer in any manner whatsoever arising from or connected with the possession of the equipment by you (whether or not property in the equipment shall have passed to you) or the use of the equipment after the date of delivery.
Registered in England & Wales Company No 08758214. VAT No GB 179 499 336 © Ram Power