– a sub-brand by Gram Commercial Terms and Conditions C13 8.2 The above warranty is given by the Seller subject to the following conditions: 8.2.1 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; 8.2.2 the Seller shall be under no liability in respect of any defect arising from fair wear and tear wilful damage negligence 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; 8.2.3 the Seller shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods or any other Goods supplied by the Seller has not been paid by the due date for payment. 8.3 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 Unfair Contract Terms Act 1977) all warranties conditions or other terms implied by the statute or common law are excluded to the fullest extent permitted by law. 8.4 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions. 8.5 Any claim by the Buyer which is based on any defect in the quality 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 seven days from the date of delivery or discovery of the defect or failure All goods should be inspected by the Buyer immediately on receipt and any physical damage occurring in transit should be notified immediately in writing to the Seller accordingly the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such damage defect or failure and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the contract. 8.6 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 these Conditions the Seller shall be entitled to supply replacement parts free of charge or at the Seller’s sole discretion refund to the Buyer the price of the defective parts (or a proportionate part of the price) but the Seller shall have no further liability to the Buyer. 8.7 Except in respect of death or personal injury caused by the Seller’s negligence the Seller shall not be liable to the Buyer for any consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever (and 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 except as expressly provided in these Conditions. 8.8 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 other 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. 9. Warranty 9.1 The Warranty is only granted and will only remain valid if the Buyer has complied with the following conditions: 9.1.1 the product subject to the Warranty must have been properly installed and at all times operated and maintained as follows: 9.1.1.1 running on the correct voltage; and 9.1.1.2 at all times used and operated in accordance with the Seller’s instruction for use booklet relevant to the particular product. 9.2 The Warranty covers faulty materials and faulty workmanship as follows: 9.2.1 The Seller will supply free of charge to the Buyer all materials required to replace any faulty material covered by the Warranty subject to clause 9.2.3. 9.2.2 The Seller will, on production of appropriate receipt or vouchers, reimburse the Buyer’s costs incurred in correcting faulty workmanship covered by the Warranty up to the maximum amount allowed for the relevant repairs in accordance with the Seller’s Schedule of Service Costs. 9.2.3 Where replacement materials have been supplied pursuant to clause 9.2.1 and/or clause 9.2.2 the Seller will not for a period of three months from the date of making such supply provide further replacements or reimbursements pursuant to clause 9.2.1 and/or clause 9.2.2 in respect of the same materials. 9.2.4 A copy of the Schedule of Service Costs is available from the Seller on request and the Seller reserves the right in its sole discretion from time to time to amend the charges allowed therein. 9.2.5 All faulty workmanship repairs shall only be undertaken on the advice of and carried out by a qualified refrigeration engineer to the highest standard following all relevant codes of good practice and adhering to all relevant legislation. 9.2.6 The Seller’s prior written authorisation shall be obtained in respect of faulty workmanship repairs to be carried out in respect of single door or double door motor compressor replacements, high voltage board or low voltage board replacements. 9.2.7 Where repairs cover two or more items listed individually on the Schedule of Service Costs the cumulative cost payable by the Seller will be reduced by 20%. 9.3 The following faulty materials and faulty workmanship and the cost of repair in respect thereof are not covered by the Warranty: 9.3.1 any damage or wear to shelves, gaskets, handles, glass, batteries, paint work, plastics, light bulbs, light tubes and fuses; 9.3.2 any claim made in respect of the call out of an engineer where either no fault or only a minor fault, such as a blown fuse, was ascertained; 9.3.3 any work relating to refrigerant leakage unless the leak is traced before charging the system with the stated volume of refrigerant. If no refrigerant leak is traced the Seller must be informed; 9.3.4 any permanent fitting of a piercing valve. The use of a schrader valve with cap and the use of a decant machine, vac-pump and weighing machine to re-establish correct charge will only be covered where the prior written consent of the Seller has been obtained in respect of such repairs. 10. Drawings and Illustrations 10.1 All drawings photographs plans capacities weights measurements and other particulars given by the Seller are to be taken as approximate only. Small deviations therefrom shall not invalidate the contract or be made the basis of any claim against the Seller. The Seller reserves the right to change the construction or design if in its judgement such change is in the interest of all parties. Plans drawings specifications and estimates must not be disclosed to any third party without the Seller’s written consent. 11. Insolvency of Buyer 11.1 This clause applies if the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or if an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Buyer or if the Buyer ceases or threatens to cease to carry on business or if the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly. 11.2 If this clause applies then without prejudice to any other or remedy available to the Seller the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary. 12. General 12.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. 12.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. 12.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby. 12.4 The Contract shall be governed by the laws of England.
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