Page 122 - Deva 2015 - 2016 Shower & Tap Collection

DEVA - THE SHOWER & TAP COMPANY
TERMS & CONDITIONS OF SALE
8. WARRANTY
8.1 Methven will, free of charge, within a period of 12 months from the date of delivery
of Goods which are proved to the reasonable satisfaction of Methven to not comply with specification due to defects in materials, workmanship and/or design (other than a design made, furnished or specified by the Customer), repair, or at its option replace, such Goods. This obligation will not apply where:
8.1.1 any instructions as to storage of the Goods have not been complied with in all respects or the Goods have been otherwise incorrectly stored; or
8.1.2 the Customer has failed to notify Methven of any defect or suspected defect within 7 days of the delivery where the defect should be apparent on reasonable inspection, or within 7 days of the same coming to the knowledge of the Customer where the defect is not one which should be apparent on reasonable inspection, and in any event no later than 12 (twelve) months from the date of delivery.
8.2 Methven will arrange for any such defective or damaged Goods to be collected and will deliver any replacement Goods to the Customer at Methven’s own expense. If Methven or its carrier is unable to collect the Goods on the date proposed by the carrier due to any act or omission by the Customer then an administration fee of £15.00 will be payable by the Customer (which Methven may deduct from any sums refunded to the Customer).
8.3 Any Goods which have been replaced will belong to Methven. Any repaired or replacement Goods will be liable to repair or replacement under the terms specified in Condition 8.1 for the unexpired portion of the 12 month period from the original date of delivery of the replaced Goods.
8.4 Subject to Condition 9.5 the Customer’s sole remedy and Methven’s entire liability in respect of (i) Goods which do not comply with specification due to defects in materials, workmanship and/or design; and/or (ii) Goods which are otherwise defective, shall be as set out in this Condition 8.
9. LIABILITY
9.1 In the event of any breach of Methven’s obligations under Conditions 5.2 or 8 above,
the remedies of the Customer will be limited to damages.
9.2 Except as set out in these Conditions, all warranties, conditions and other terms
implied by law (whether by statute, common law or otherwise), are to the fullest
extent permitted by law, excluded from the Contract.
9.3 Subject to Conditions 9.4 and 9.5, Methven’s maximum aggregate liability arising
out of or in connection with a Contract, whether in contract, tort, misrepresentation, under statute or otherwise, howsoever caused including by negligence and also including any liability under an indemnity contained in the Contract and/or arising from a breach of, or a failure to perform or defect or delay in performance of, any of Methven’s obligations under the Contract and/or any defect in any of the Goods supplied under the Contract and/or any use made or resale of any of such Goods by the Customer or of any product incorporating any of such Goods shall be limited to 125% of the aggregate Price paid or payable under the Contract.
9.4 Subject to Condition 9.5, Methven shall have no liability to the Customer for any loss of profit (direct or indirect); loss of revenue, loss of production or loss of business (in each case whether direct or indirect); loss of goodwill, loss of reputation or loss of opportunity (in each case whether direct or indirect); loss of anticipated saving or loss of margin (in each case whether direct or indirect); liability of the Customer to third parties (whether direct or indirect); or indirect, consequential or special loss; arising out of or in connection with the Contract, whether in contract, tort, misrepresentation, under statute or otherwise, howsoever caused including by negligence and/or arising from a breach of, or a failure to perform or defect or delay in performance of, any of Methven’s obligations under the Contract.
9.5 Nothing in the Contract shall operate to exclude or restrict Methven’s liability (if any) to the Customer for breach of its obligations arising under section 12 of the Sale of Goods Act 1979; for breach of its obligations arising under Section 2 of the Supply of Goods and Services Act 1982; for death or personal injury resulting from its negligence; for its fraud or fraudulent misrepresentation; or for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, its liability.
10. RETURN OF GOODS
10.1 No return of Goods will be accepted by Methven without prior authorisation and a
return order number being issued by Methven.
10.2 In the event the Customer returns any Goods which are not defective, such Goods
will be accepted by Methven only if they are returned to Methven in an undamaged resalable condition which requires that the Goods are unused and contained within their original undamaged packaging:
10.2.1 after Methven has inspected such Goods, Methven reasonably considers that the Goods are in a condition which is no worse than the condition in which the Goods were delivered to the Customer; and
10.2.2 the Customer has returned the relevant Goods to Methven within 30 days following the date on which the Goods were delivered to the Customer.
10.3 In the event that the Customer wishes to return non-defective Goods to Methven following the expiry of the 30 day period set out in Condition 10.2.2 above, Methven will have absolute sole discretion as to whether it shall offer a refund to the Customer in respect of such Goods.
10.4 In relation to any returns made:
10.4.1 under Condition 10.2, Methven will deduct 25% of the Price paid for the relevant
Goods; and
10.4.2 under Condition 10.3 above, Methven will deduct a discretionary restocking fee
(which may exceed 25% of the Price paid for the relevant Goods),
plus the cost of carriage, from the sums refunded to the Customer in order to cover Methven’s administration and restocking costs.
10.5 Subject to clause 8, Methven will not accept any return of (or issue any refund or credit in respect of) non-faulty Goods more than 90 days following the
delivery date.
10.6 If Methven receives any returned Goods or other products which:
10.6.1 have not been given prior authorisation for return in accordance with Condition 10.1; 10.6.2 have been returned as defective but which, upon inspection by Methven, are found
not to be defective; and/or
10.6.3 are received by Methven more than 90 days following the delivery date,
Methven will be entitled but not obliged to return such Goods to the Customer at the Customer’s cost and charge to the Customer a £15 (plus VAT) handling fee.
10.7 Methven shall be under no obligation to accept the return of or provide a refund in respect of any Goods ordered to the Customer’s Specification except insofar as such Goods are defective in which case Condition 8 shall apply.
10.8 If a return of Goods has been agreed by Methven, it will arrange a collection date with its carrier. If Methven or its carrier is unable to collect the Goods on the date proposed by the carrier due to any act or omission by the Customer then an administration fee of £15.00 will be payable by the Customer (which Methven may deduct from any sums refunded to the Customer).
11. FORCE MAJEURE
11.1 Methven will not be in breach of the Contract or otherwise liable to the Customer
for any failure to perform or delay in performing its obligations under the Contract to the extent that such failure or delay is due to a Force Majeure Event. The Customer will continue to pay the prices for any Goods which Methven continues to supply notwithstanding the occurrence of the Force Majeure Event.
11.2 If Methven is unable to deliver or the Customer is unable to take delivery of a material part of the Goods for a period of more than 14 days due to a Force Majeure Event which gives rise to relief from liability under Condition 11.1, Methven will be entitled to terminate the Contract immediately by giving written notice to that effect to the Customer.
12. MISCELLANEOUS
12.1 Time will not be of the essence in respect of any obligation with which Methven is
required to comply under the Contract.
12.2 Methven’s rights and remedies set out in the Conditions are in addition to and not
exclusive of any rights and remedies provided by law.
12.3 If any term of the Contract is found by any court or body or authority of competent
jurisdiction to be illegal, unlawful, void or unenforceable, such term will be deemed to be severed from the Contract and this will not affect the remainder of the Contract which will continue in full force and effect.
12.4 A delay in exercising or failure to exercise a right or remedy under or in connection with the Contract will not constitute a waiver of, or prevent or restrict future exercise of, that or any other right or remedy, nor will the single or partial exercise of a right or remedy prevent or restrict the further exercise of that or any other right or remedy. A waiver of any right, remedy, breach or default will only be valid if it is in writing and signed by the party giving it and only in the circumstances and for the purpose for which it was given and will not constitute a waiver of any other right, remedy, breach or default.
12.5 The Customer will not be entitled to assign, transfer, charge, hold on trust for any person or deal in any other manner with any of its rights under the Contract or to sub- contract any of its obligations under the Contract.
12.6 Methven will be entitled to assign, transfer, charge, hold on trust for any person and deal in any other manner with any of its rights under the Contract and to sub-contract any of its obligations under the Contract.
12.7 The parties do not intend that any term of the Contract will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person other than the parties.
12.8 The Contract constitutes the entire agreement between the parties and supersedes any prior agreement or arrangement in respect of its subject matter and:
12.8.1 neither party has entered into the Contract in reliance upon, and it will have no remedy in respect of, any misrepresentation, representation or statement (whether made by the other party or any other person) which is not expressly set out in the Contract;
12.8.2 the only remedies available for any misrepresentation or breach of any representation or statement which was made prior to entry into the Contract and which is expressly set out in the Contract will be for breach of contract; and
12.8.3 nothing in this Condition 12.8.3 will be interpreted or construed as limiting or excluding the liability of any person for fraud or fraudulent misrepresentation.
12.9 Any notice or other communication required to be given to a party under or in connection with this contract shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or other next working day postal delivery service, at its registered office (if a company) or (in any other case) its principal place of business.
12.10 Any notice or communication shall be deemed to have been received if delivered by hand, on signature of a delivery receipt, or otherwise at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service.
12.11 Conditions 12.9 and 12.10 do not apply to the service of any proceedings or other documents in any legal action to which the Civil Procedure Rules apply.
12.12 The Contract and any non-contractual obligations arising out of or in connection with it will be governed by English law.
12.13 Each party agrees that the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with the Contract (including in relation to any non-contractual obligations).
12.14 Any party may seek specific performance, interim or final injunctive relief or any other relief of similar nature or effect in any court of competent jurisdiction.
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