In this Warranty, the following terms have the following meanings:
Term Meaning Company, we, us, our means Clip Limited whose registered office is at Church Road, Wick, Bristol BS30 5RD and whose registered company number is 933144 Customer, you means the person firm or company who purchases Goods from the Company Contract Any contract between the Company and the Customer for the sale and purchase of Goods and/or Services, incorporating these Conditions Goods the product supplied to the Customer by the Company (including any part or parts of them) but excluding the graphic or printed element where the contract and terms and conditions refer to this warranty Warranty Period
means the period of months/years from the date of delivery of the Goods as listed below:
Lifetime warranty Apollo, Mercury, Clip Panel & Pole, Zeus 5 Year warranty Eco Table top kit 3 Year warranty Neptune 2 Year warranty Promo 1 Year warranty Campaign, Launch banner, Dual Info, Lit roller 04, Lit roller 08, outdoor banners, Budget table top kit
The Company warrants that (subject to the other provision of these conditions) for the Warranty Period the Goods shall:
- be of satisfactory quality and within the meaning of the Sale of Goods Act 1979;
- be reasonably fit for the purpose as set out in the specification.
The Company shall not be liable for a breach of any of the warranties in condition 2 unless:
- you give us written notice of the defect within 5 working days of the time when you discover or ought to have discovered the defect; and
- we are given a reasonable opportunity after receiving the notice of examining such Goods and you (if asked to do so by us) return such Goods to our place of business at our cost for the examination to take place there.
The Company shall not be liable for a breach of any of the conditions in 2 if:
- you make any further use of such Goods after giving such notice; or
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or
- you alter or repair such Goods without our written consent.
- Subject to condition 3 and condition 4 if the Goods do not conform with any of the warranties we shall at our option, repair or replace the Goods (or the defective part) or refund the price of the Goods at the pro rata contract rate provided that, if we so request, you shall at our expense, return the Goods or the part of such Goods which is defective to us.
- If we comply with condition 5 we shall have no further liability for a breach of any of the warranties in condition 2 in respect of the Goods. In particular, we shall not be liable to you or any third party for loss of profit, loss of business, loss of use, loss of goodwill in each case whether direct, indirect or consequential or any claims for consequential compensation whatsoever which arises out of or in connection with this warranty. Nothing in this Warranty excludes our liability for death and personal injury caused by the Company’s negligence or for fraud or fraudulent misrepresentation.
- The provisions of the Company’s conditions of sale apply to this warranty.
- ‘Lifetime warranty’ shall mean 10 years from date of the contract.
- All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from this Warranty.
- This warranty is personal to you and shall not be capable of assignment without our prior written consent (such consent shall not be unreasonably withheld).
- The formation, existence, construction, performance, validity and all aspects of this Warranty shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.