WARRANTY: LIMIT OF RESPONSIBILITY
The Seller warrants that it will (at the Seller’s choice) either repair or replace, or refund the full purchase price of any Goods which are accepted by the Seller as being defective or not in accordance with the contract or any express description or representation given or made on behalf of the Seller in respect of the Goods within a period of 24 months from date of purchase of such Goods to the Buyer (“the Warranty Period”).
The Buyer’s remedies in respect of any claim under the foregoing express warranty or any condition or warranty implied by law or any other claim in respect of the Goods or any workmanship in relation thereto (whether or not involving negligence on the part of the Seller) shall in all cases be limited to repair or replacement of the Goods or to a refund of the purchase price of the goods as aforesaid and any condition or warranty implied by law shall cease to apply after the expiry of the Warranty Period and the Seller shall not in any circumstances be liable for any damages, compensation, costs, expenses, losses or other liabilities, whether direct or consequential, and any other remedy which would otherwise be available in law is hereby excluded except to the extent that such exclusion is prohibited by any rule of law.
A claim in respect of any defect or failure to comply with the specification or order or in respect of any delivery or instalment of an order or any part thereof shall not entitle the Buyer to cancel or refuse delivery of or payment for any other order, delivery or instalment or any part of the same order, delivery or instalment.
The Seller will require a reasonable period of time to carry out any repairs or replacements.
The responsibility for the design and the installation of any civil works rests with the Buyer.
IBS Engineered Products Ltd will only accept responsibility for the design of the System above ground level, but excluding any interfacing civil works that may be required to support the above ground installation. IBS Engineered Products will provide assistance and advice in terms of any civil engineering works where requested in order to expedite the design process, however, the Buyer or his representative shall remain responsible for the final overall design.
Full details of the proposed civil works, including final design levels, must be supplied to IBS Engineered Products Ltd for comment prior to the manufacture of the System, and we reserve the right to withdraw from any agreement, without any liability to the Buyer, where the design of the civil works is deemed unacceptable.