Terms and Conditions of Trade
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FRANKLIN ENGINEERING LIMITED TERMS AND CONDITIONS OF TRADE
1) DEFINITIONS: In these "Terms and Conditions"
7) RETURN OF GOODS:
8) WARRANTY AND LIABILITY:
(a) The Seller warrants that the product we manufacture for you are free of defects in materials or workmanship. The term of this warranty is 12 months from the date of this sale to you. To assert a warranty, claim against us, you shall return to product to us. You shall include with the returned product a full written description of the nature of the defect. We shall then inspect and test the product. We shall repair or replace a defective product, as we determine, at our cost and expense. If we are unable to repair or replace it, we shall refund its purchase price.
(b) The Seller will not make a warranty repair, replacement or refund in cases where you or your customer misused, modified or operated the product outside its specifications. We hereby limit our liability, whether in contract, tort or otherwise, for any loss of damage suffered buy you or your customers to the repair or replacement of a defective product or the refund of its purchase price. You are responsible for determining whether the products that you order from us are suitable for your purposes and will meet your performance specifications. Under no circumstances shall we be liable for any incidental, special, indirect or consequential damages, including loss of profits or loss of operations. We shall not be liable for personal injury or property damage resulting from, or relating to, the products that we manufacture for you. You understand that all claims products liability shall be your sole responsibility.
IMPORTANT: THIS WARRANTY SHALL NOT APPLY IN SITUATIONS WHERE THE CONSUMER GUARANTEES ACT 1993 APPLIES.
9) FORCE MAJEURE:
(a) We shall not be liable for any failure or delay in delivering the products resulting from circumstances beyond our reasonable control, including, without limitation; Unavoidable delays in the delivery of raw materials; default by sub-contractors; default by component suppliers; strikes and labour unrest; shipping delays; shortages; war; government intervention; fire; flood; accident; natural disaster; or any other event commonly referred to as an "Act of God".
(a) Any dates given for delivery are stated in good faith but are not to be treated as a condition of the sale. If delivery of the goods is delayed for any reason at all, the Seller will not be responsible or liable in any way to the Buyer or any other party for loss suffered due to that delay.
(b) If the Buyer directs that delivery of the goods is to be staggered over different times or to different addresses from those specified in the Buyer's order, then the Buyer will be liable for any additional charges incurred by the Seller in complying with that direction.
11) LAW AND JURISDICTION:
(a) All contracts made between the Seller and the Buyer shall be governed by and construed in accordance with the laws of New Zealand any dispute between the Seller and the Buyer shall be resolved according to the jurisdiction of New Zealand.
(b) The provisions of the Contractual Remedies Act 1979 shall apply to this contract as if Section 15 (d) of the Act which states that nothing in the Act shall affect the Sale of Goods Act 1908, were omitted from the Contractual Remedies Act 1979.
(c) This agreement is subject, in all cases except where the Buyer is contracting within the terms of a trade/business (which cases are specifically excluded)., to the provisions of the Consumer Guarantees Act 1993.
12) COPYRIGHT INFRINGEMENT:
13) STORAGE AND TOOLING:
Intellectual Property and © Copyright 2017 to Franklin Engineering Ltd.
All Rights Reserved.
Last updated 7/07/2017