ZVM-328 User Manual Issue 05 Page 27 of 29
MEYERTECH LIMITED
11. WARRANTY
Please refer to Meyertech Limited ‘Terms & Conditions of Sale of Goods & Services’ for interpretation.
1. If the Buyer establishes to the Seller's reasonable satisfaction that there is a defect in the
materials or workmanship of the Goods manufactured, then the Seller shall at its option, at its
sole discretion and within a reasonable time,
a. arrange for the repair or making good such defect or failure in such Goods free of
charge to the Buyer (including all costs of transportation of any Goods or materials to
and from the Buyer for that purpose),
b. replace such Goods with Goods which are in all respects in accordance with the
Contract, or
subject, in every case, to the remaining provisions of this Condition 1 provided that the liability of the
Seller under this Condition 1 shall in no event exceed the purchase price of such Goods and
performance of anyone of the above options shall constitute an entire discharge of the Seller's
liability under this warranty.
2. Condition 1 shall not apply unless the Buyer:
a. notifies the Seller in writing of the alleged defect within 12 (twelve) months from
delivery or such other period or periods as may be agreed in writing between the Seller
and the Buyer, and
b. allows the Seller a reasonable opportunity to inspect the relevant Goods.
3. For the avoidance of doubt, the Seller shall be under no liability under the warranty in Condition
1 above:
a. where such defects arise from any drawing, design or specification supplied by the
Buyer; or
b. where such defects arise from fair wear and tear, wilful damage, or negligence of a
party other than the Seller (or its employees or authorised personnel), abnormal
working conditions, failure to follow the Seller's instructions (whether oral or in writing),
misuse or alteration or repair of the Goods without the Seller's approval; or
c. where such defects arise in parts, materials or equipment which have not been
manufactured or designed by the Seller but have been purchased at the Buyer's
request by the Seller from the Buyer's designer and manufacturer or from some other
third party (the “Third Party Supplier”).
d. if the total price of the Goods has not been paid by the due date for payment
e. in respect of any type of defect, damage or wear specifically excluded by the Seller by
notice in writing: or
f. if the Buyer makes any further use of the Goods after giving notice in accordance with
Clause 1
4. Any repaired or replaced Goods shall be redelivered to the Buyer free of charge to the original
point of delivery but otherwise in accordance with and subject to these Conditions.
5. Alternatively to Condition 1 the Seller shall be entitled at its absolute discretion on return of the
defective Goods to the Seller (at the Seller's request) to refund the price of the defective
Goods in the event that such price shall already have been paid by the Buyer to the Seller, or,
if such price has not been paid, to relieve the Buyer of all obligation to pay the sum by the
issue of a credit note in favour of the Buyer in the amount of such price.
6. In respect of all Goods supplied to the Seller by a Third Party Supplier the Seller will on request
pass on to the Buyer (in so far as reasonably possible) the benefit of any warranty given to the