Hi-Spec Xcel 1250 Operators Manual
Hi-Spec Engineering reserves the right to make changes or improvements at any time without incurring any obligation to
make such changes on products sold previously.
23
Conditions of Resale
The dealer shall only re-sell any of the company’s products with the full and unaltered
warranty that is issued with every machine invoiced by the company. If the dealer either through
negligence or for any other cause fails to get the agreement of the first user to accept this warranty
the dealer shall have no other recourse against the company except that contained in these
conditions of sale and he dealer expressly agrees that in accepting delivery he has recourse in law
against the company nor will he join the company as third or other party in any action which results
against him from the resale of the company’s products.
Warranty
The Company warrants its products through the dealer and through the dealer to the first
user. The dealer shall only re-sell the company’s machines wit the benefit of the company’s warrants.
The said warranty is as follows:
The company warrants, subject as hereinafter provided, that all new goods supplied by it shall
be free from defects in material and workmanship, its liability under such warranty being limited to
making good at a factory to be nominated by it, such parts or parts which shall within twelve calendar
months from the date which the product was delivered new to the retail purchaser be returned to the
company or its authorised representative which the company is satisfied on its examination of the part
or parts to have been defective in material or workmanship provided that.
All replaced parts shall become the property of the company.
The foregoing warranty does not extend to any product which shall have been repaired,
altered, neglected or used in any way so as, in the judgement of the company (whose decision is
final) may have adversely affected its stability or reliability, nor does this warranty apply to proprietary
articles, accessories or parts not manufactured by the company but where any such warranty is given
by the manufacturers of such articles, accessories or parts any benefits under such warranty will be
passed on by the company.
The company will not be responsible for damage or loss caused by incorrect machine
settings, ground speed or operation of the machine in unsuitable conditions and the company’s
decision as to the suitability of the condition shall be final. Fair wear and tear is excluded from any
claim and no responsibility whatsoever is accepted for damage, which in the company’s Opinion is
caused by hazards of soil, stones of foreign objects.
The warranty is transferable to a second or subsequent owner (within the warranty period)
subject to the company being notified in writing of this change of ownership.
Complaints referring to faulty or incomplete deliveries or to obvious faults must be notified to
the dealer in writing within fourteen days after receipt of goods. In the absence of such notification
delivery shall be considered as having been accepted as in good order and condition.
The company does not give any warranty in respect of its goods except therefore going
Warranty which is given expressly in lieu of and excludes all other warranties and conditions
expressed or implied whether under common law, Statue or otherwise and every form of liability for
loss or damage direct or consequential or for any accidents resulting from defective material faulty
workmanship or otherwise, is expressly excluded.
Liability
In no circumstances whatsoever shall the Company’s liability (in contract, tort or otherwise) to
a buyer under, out of or in connection with this contract or the goods supplied exceed the invoice price
of the particular goods in regard to which component is made.
Title of the Goods
The title in the goods shall not pass to the customer until the customer shall have discharged
all sums due by the customer to the company at the date of the final handing over of the possessions
of goods
Interest
If the customer shall fail to pay any sum due in foot of this transaction within fourteen days
after the same shall become due, the customer shall pay interest thereon calculated from the due
date of payment at the annual rate equal to 4% over the prime rate charged from time to time by the
associated banks on secured loans to individual customers.