8 SPECIFICATION AND PERFORMANCE
8.1 All drawings specification and technical documents issued by the Company at any time in relation to the Contract are issued solely for the Customers use in connection with the Equipment and shall not be copied, reproduced or communicated to any third party without the Company’s express written agreement.
8.2 Equipment must be operated in line with the manufacturers stated environmental parameters as to temperature, humidity and other conditions.
9.1 The Company will make good by repair or exchange (at its option) such of the Equipment or part thereof which is shown to its reasonable satisfaction to have proved defective in materials or workmanship during the warranty period on the following terms:
(A) Any damage, defect in or failure of the Equipment must be notified to the Company in writing as soon as practicable and in any event no later than five days after delivery.
(B) The Equipment must be unmodified, have been properly used under normal working conditions and have been properly installed and maintained.
(C) Before returning the Equipment or any part thereof the Customer must obtain a return authorisation number from the Company and details of the Company’s returns procedure, which must be fully complied with.
(D) The Equipment or part to be returned must be delivered to the Company’s premises in its original packaging, together with supporting documentation showing full description of the alleged fault and quoting the relevant returns umber. In the event that the customer fails to comply with this requirement then the Company will be entitled to a charge of 15% handling fee upon authorised return of the Equipment.
(E) All delivery charges for carriage to and from the Company’s premises must be paid for by the Customer, unless greed otherwise.
(F) Where parts only are returned, the Company shall not be responsible for installing any such art after repair or exchange.
(G) If it so elects, the Company may require the Customer to return the Equipment or part, direct to the manufacturer for repair or exchange, in which case such repair or exchange on the part of the manufacturer shall satisfy the company’s obligations under this clause 9.
(H) The foregoing warranty shall only apply to any replacement Equipment or parts thereof supplied by the Company under this warranty for the balance of the warranty period applicable to the Equipment sold.
9.2 The Company gives no undertaking or warranty that the Equipment is fit for any particular purpose and the customer must rely entirely on his own skill and judgement in evaluating the suitability of the Equipment for his purpose.
9.3 Subject to the foregoing all conditions, terms and representations, express or implied by statute, common law, custom or usage in relation to the equipment are hereby excluded and the Company shall be under no ability to the Customer for any indirect, special or consequential loss, damage or injury resulting from defective atrial faulty workmanship or otherwise howsoever arising and whether or not caused by the negligence of the Company, its employees or agents.
9.4 In no event shall the Company be under liability whatsoever and howsoever arising for any loss or use or loss of profits, interruption of business or any other indirect special or consequential loss of any type arising or alleged to have risen out of any negligent act or default of the Company in respect of the Company’s obligations under such Contract.
9.5 If the Customer deals as a consumer as defined in S.12 of the Unfair Contract Terms Act 1977 the above visions shall not apply and the Customers statutory rights under the Sale of Goods Act will be affected.
9.6 The Company does not exclude liability for death or personal injury to the extent that it is caused by the negligence of the Company, its employees, or agents nor for breach of any of the undertakings as to the title implied not the Contract by S.12 of the Sales of Goods Act 1979.
The Company shall incur no liability to the Customer for misrepresentations by virtue of any statement made by or on behalf of the Company prior to the Contract whether orally or in any letter document or sales literature and the Customer shall not be entitled to rescind the Contract on the grounds of any such misrepresentation.
The Company shall be under no obligation to accept return of any Equipment other than as provided in Clause 9. If to withstanding, the Company shall in any particular case agree to accept return of Fonyo Limited 89A London Road Leicester LE2 0PF, Equipment which is not defective then it shall only do so on terms that:
(a) The Customer shall pay a sum in respect of the costs so incurred by the Company equal to twenty-five percent of the full invoice price subject to a minimum hare of £30
(b) the Customer shall obtain a returns authorisation number from the Company and comply with the company’s returns procedure and
(c) The Equipment must be delivered to the Company’s premises in its original packaging.
12 TELECOMMUNICATIONS EQUIPMENT
12.1 WHEN the Equipment supplied by the Company is to be used in conjunction with British Telecom, or other Network providers lines or apparatus, then the following additional conditions shall apply: (A) BRITISH Telecom or there Network Providers shall have the right to require modifications to be carried out to Equipment, which is already installed, and in use. Any modifications required will be carried out at e Customer’s expense. (B) IN no event shall the Company be liable for damage, loss or injury to British Telecom or other Network Providers equipment or their sonnet in connection with, or arising from the Customer’s act of neglect.
13 FORCE MAJEURE
1 THE Company shall not be liable for any delay