1.1 The Company warrants that on delivery, and for a period of 12 months from the date of delivery, or such longer period as agreed by the Company in writing, (Warranty Period), the Goods shall:
1.1.1 conform in all material respects with their description as set out in the Agreement;
1.1.2 be free from material defects in design, material and workmanship; and
1.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
1.2 Subject to Clause 1.3, if:
1.2.1 the Customer gives notice in writing to the Company during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in Clause 1.1; and
1.2.2 the Company is given a reasonable opportunity to examine such Goods; and
1.2.3 the Customer (if asked to do so by the Company) returns such Goods to the Company's place of business, the Company shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
1.3 The Company shall not be liable for the failure of the Goods to comply with the warranty set out in Clause 1.1 in any of the following events:
1.3.1 the Customer makes any further use of such Goods after giving notice in accordance with Clause 1.2;
1.3.2 the defect arises because the Customer failed to follow the Company's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
1.3.3 the defect arises as a result of the Company following any drawing, design or Specification supplied by the Customer;
1.3.4 the Customer alters or repairs such Goods without the written consent of the Company;
1.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
1.3.6 the defect arises as a result of the Customer’s negligence or the Customer's breach of the Agreement.
1.4 Clause 1.2 is the Customer’s sole remedy in respect of the matters described therein.
1.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Agreement.
1.6 The terms and conditions of the Agreement apply to any repaired or replacement Goods supplied by the Company.