1.1 The Supplier confirms that on delivery, and for a period of 12 months from the date of delivery (warranty period), the Goods shall:
(a) conform in all material respects with their description and any applicable Specification;
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by the Supplier.
1.2 Subject to clause 1.1, if:
(a) the Customer gives notice in writing to the Supplier during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 1.1;
(b) the Supplier is given a reasonable opportunity to examine such Goods; and
(c) the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier’s place of business at the Customer’s cost,
the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
1.3 The Supplier shall not be liable for Goods’ failure to comply with the warranty set out in clause 1.1 in any of the following events:
(a) the Customer makes any further use of such Goods after giving notice in accordance with clause 1.2;
(b) the defect arises because the Customer failed to follow the Supplier’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
(c) the defect arises as a result of the Supplier following any drawing, design or Specification supplied by the Customer;
(d) the defect arises because the Goods were not installed correctly by a qualified electrician;
(e) the Customer alters or repairs such Goods without the written consent of the Supplier;
(f) the defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal storage or working conditions; or
(g) the Goods differ from their description or the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
1.4 Except as provided in this clause 18, the Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 1.1.
1.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. These Terms and Conditions shall apply to any repaired or replacement Goods supplied by the Supplier. It is the Customer’s responsibility to determine the suitability of the Goods for its intended purpose. It is the Customer’s responsibility to ensure that the installation of any Goods and any required assembly is performed by a qualified electrician, in accordance with any instruction furnished by the Supplier (if any) or trade practice and custom and in accordance with local codes and bylaws.