Standard Terms of Warranty
Jubilee Power (Herein after call “JUBILEE”)
1 GENERAL
1:1 In this document “the Company” means JUBILEE who has supplied Goods to the Customer; “the Customer” means the person firm company or body who has entered into a Contract with the Company; “Goods” means the goods (including any installment of the goods or any parts of them) which the Company has supplied to the customer in accordance ‘with these conditions; “Conditions” means (a) the quotation/order/ acceptance forms (if the Customers order is accepted by the Company) and (b) JUBILEE Standard Conditions of Supply; and (c) JUBILEE Standard Warranty as set out in this document; and (unless the context otherwise requires) includes any special terms and Conditions agreed in Writing between the Company and .the. Customer; “JUBILEE Standard Warranty” has the meaning attributed to it in Condition 1 : 2 below; “Contract” means’ the contract for the sale and purchase of the Goods; “Writing” – includes telex, cable, facsimile transmission and comparable means of communication
1:2 This Warranty document contains the JUBILEE standard Warranty and forms part of and must be read in accordance with and subject to the terms and conditions contained in the JUBILEE Standard Conditions of Supply as incorporated in the Contract unless the quotation and/or acceptance or order specifically refers to a different warranty document in which case that different warranty document (to the exclusion of the JUBILEE Standard Warranty Document) forms part of and must be read in accordance with and subject to the terms and conditions contained in the JUBILEE Standard Conditions of Supply as incorporated in the Contract
1:3 In cases where the Customer is a consumer (as defined by the Unfair Contract Terms Act 1977) the provisions contained in this warranty shall be in addition to (and shall not limit or restrict) the statutory rights available to consumers under English Law
2 WARRANTY
2. Subject to the conditions contained in Conditions 3 and 4 below, the Company warrants that the Goods will correspond with their specification at the time of delivery and (in relation to mechanical and electrical components in the Goods) the Company warrants that such components shall (provided the Goods are subjected to normal usage only and subject to the conditions and exclusions referred to in Condition 4) remain free or defects (other than those resulting from fair wear and tear) for twelve months from the date upon which the risk in the Goods passes to the Customer in accordance with the terms of the contract
3 PROCEDURES
3:1 In no case shall the Company be under any liability as aforesaid where the Customer fails to observe and follow the steps set out in Conditions 3:1:1 -3:1:3
3:1:1 Forthwith upon becoming aware of any alleged defect, the Customer shall notify the Company in writing of such alleged defects in the Goods, the nature thereof and the respect in which the Company is alleged to be in breach of contract or duty
3:1:2 The Company shall be afforded reasonable opportunity to inspect and to test the Goods; where the Company so requests, the Customer shall return the Goods (at the Customer’s expense) to the Company’s premises
3:1:3 Within a reasonable time after carrying out such inspections and tests as are considered necessary by the Directors of the Company, the Company shall inform the Customer in writing EITHER that it rejects the complaint entirely, OR that it offers an allowance against the price paid or to be paid in respect of the allegedly defective Goods OR that it offers to replace allegedly defective Goods or to return or credit the price paid or to be paid in respect of those Goods, subject to those Goods (where the same have not been returned to the Company pursuant to condition 3:1: 2) being returned to the Company within a stated time at the Customer’s risk and expense
3:1:4 Within 10 days of receipt of the Company’s notification the customer shall inform the Company whether it accepts the Company’s decision or not. If not the Company and the Customer shall then be deemed to be in dispute. In such circumstances the dispute shall be dealt with in accordance with the provisions of the Contract or (should the Customer so elect) in accordance with the JUBILEE arbitration scheme
3:1:5 Where pursuant to Condition 3:1:3 additional goods are to be supplied the same shall be treated as being supplied under a new contract subject to the JUBILEE terms and conditions in force as at the date of such contract
4 RESTRICTIONS AND LIMITATIONS
4:1 The provisions of this Warranty shall not apply where the Goods have been modified by anyone without the Company’s prior written consent thereto
4:2 The requirements and recommendations of the Company relating to the fitting and/or installation servicing inspection testing and use of any Goods must be strictly adhered to; in all appropriate cases the Customer must ensure that the Goods are regularly run and tested (so as to check and record that the same continue to perform according to specification). Without prejudice to the generality of the foregoing Conditions or any other Conditions herein contained, the Company shall be under no liability whatever for or in respect of any damage or loss arising directly or indirectly from the failure to comply with or adhere to the provisions contained or referred to in this Condition 4:2
4:3 The limitations of liability contained in the Contract for the benefit of the Company apply to and are incorporated in this Warranty document in the same way as if the same had been set out in full herein
4:4 THE CUSTOMER SHOULD INSURE AGAINST ALL RISKS OF LOSS OR DAMAGE (WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR OTHERWISE) ARISING OUT. OF OR IN CONNECTION WITH THE SUPPLY OF GOODS UNDER THIS OR ANY OTHER CONTRACT WITH THE COMPANY