1.1 The Buyer is relying on its own skill and judgment in relation to the Work irrespective of any knowledge which the Company or its servants, agents or employees may have as to the purpose for which the Work is supplied or its suitability.
1.2 The Buyer is totally responsible for the structural stability of all installations. Unless a postcode is provided, roofs will be supplied based on a generic wind loading of 0.6KN/m2.
1.3 Subject to Conditions 1.1, 1.2 and 1.4 the Company warrants that all Goods shall upon delivery and,
1.3.1 In the case of System Components for roofs which are white unpainted, powder coated, foiled or SIP Panel construction for 10 years from the date of delivery,
1.3.2 In the case of System Components for roofs which are coloured, otherwise coated and/or painted, for 5 years from the date of delivery,
1.3.3 In the case of sealed roof glazing units, for 10 years against premature seal failure, subject to FOC replacement provided it was installed in accordance with the Company’s roof installation guide,
1.3.4 In the case of electrical components and ironmongery, for 12 months from the date of delivery,
be of satisfactory quality and be reasonably fit for any purpose for which they are commonly supplied and that all Services shall be carried out with reasonable skill and care and all conditions, warranties or other terms, whether express or implied, statutory or otherwise, inconsistent with the provision of this Condition, are hereby expressly excluded.
1.4 The warranty given in Clause 1.3 will not apply:
1.4.1 Where the defect complained of arises from any specification supplied by the Buyer or arises from fair wear and tear, wilful damage, the Buyer's negligence, abnormal working conditions, or misuse or alteration or repair of the Goods without the Company’s approval or arises from any failure to follow the Company’s instructions (whether oral or in writing) and whether relating without limit to the fabrication, lateral support, ventilation, operation, use or maintenance of the Goods (the Buyer acknowledges that the Goods are intended for use in Northern European environmental conditions) and use of any Goods where the ranges of environmental conditions, including without limit, ultra violet light, heat or humidity is not in accordance with the Companies instructions, will not be covered by the warranty given in Clause 1.3.
1.4.2 If the Company or its agents is not given a reasonable opportunity to safely inspect the work.
1.4.3 If the total price for the Goods or Services has not been paid by the due date for payment.
1.4.4 To any parts, materials or equipment not manufactured by the Company, in respect of which the Buyer shall only be entitled to the benefit of any warranty or guarantee as is given by the manufacturer to the Company.
1.4.5 To any colour changes in components after the date of delivery of such components or
1.4.6 To any perils usually treated as insurance risks, including without limitation, fire and hood, whether or not such insurance is actually held.
1.5 The obligations of the Company under the Contract are limited such that in the event of a breach by the Company of the warranty in Condition 1.3 or any defect in any Goods or Services the Company shall only be obliged (shall have no further liability in contract, negligence or otherwise for any defect in quality of Goods and/or Services or fitness for purpose of the Goods) at its option either to refund the price (if already paid) attributable to faulty Goods or Services or repair, rectify or replace the faulty Goods or Services (provided that the Buyer has provided safe access to the Goods to the Company or its agent).
2, LIMITATION OF LIABILITY
2.1 Nothing in these Conditions shall exclude or limit the liability of the Company for death or personal injury caused by the Company's negligence.
2.2 The Company shall not be liable to the Buyer in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, (i) for any economic loss of any kind whatsoever, including without limit loss of profit, business contracts, revenues or anticipated savings, or (ii) for damage to the Buyer's reputation or goodwill, or (iii) for any loss resulting from any claim made by any third party, or (iv) for any special, indirect or consequential loss or damage (including without limit removal or rectification work required in connection with the installation of repaired or substitute Goods) of any nature whatsoever.
2.3 Without prejudice to Clause 1.3, 2.1 and 2.2 the Company's liability in contract tort, (including negligence or breach of statutory duty) or otherwise arising by reason of or in connection with the Contract shall be limited to the greater of the Contract price or the amount received by the Company for the claim under its insurance policy covering such risks provided that nothing in this Condition shall oblige the Company to obtain any insurance or claim upon any insurance which it holds. The Buyer acknowledges that delay in notifying any claim may prevent the Company recovering any money under such policy.
2.4 Where the Goods or any part of them are manufactured by or on behalf of the Company to the design or specification of the Buyer then the Buyer shall indemnify the Company against all actions, claims, costs, demands, expenses and liabilities of whatsoever nature suffered or incurred by the Company as a result of the infringement of any third parties IPR. If any claim is brought or threatened against the Company in respect of on infringement the Company shall be entitled to suspend further deliveries of Goods to the Buyer.
2.5 Where the Goods are not manufactured by the Company, the Company gives no assurance or guarantee that the sale or use of the Goods will not infringe the IPR of any third party.
3, 10 YEAR GUARENTEE
Ultrasky Lanterns are covered by a 10-year guarantee from date of delivery against discolouration, cracking, shape deterioration and component failure. Please note that the glazing bars and aluminum frames are not covered if they have been subject to aggressive chemical cleaning of any sort. Aluminum sections are guaranteed against bending, cracking and breakage under normal use, within normal environments. Installation, sealing and waterproofing are not covered by the guarantee and are the responsibility of the installer or roofer. Guarantee is void if units have been damaged by the installer using incorrect sealant type (normal silicone sealants damage the special outer coating) or through cleaning with harsh chemicals.
Conservaglass sealed glazing units carry a 10 year unit seal warranty from date of delivery. If a unit seal should fail within the 10-year period, it will be replaced free of charge, provided that:
- The original glass unit is returned for a full in-house examination; and
- The seals have not been damaged during fitting or glazed incorrectly.
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