1. The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery notify the Company of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford the Company an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
2. For defective Goods, which the Company has agreed in writing that the Customer is entitled to reject, the Company’s liability is limited to either (at the Company’s discretion) replacing the Goods or repairing the Goods provided that:
(a). the Customer has complied with the provisions of clause 8.1
(b). the Company will not be liable for Goods which have not been stored or used in a proper manner
(c). the Goods are returned in the condition in which they were delivered with all packaging material and accompanied by proof of purchase.
(d). Goods must be accompanied by a GOODS RETURN FORM, which is included in our catalogues and or websites and has been authorised by a representative of the company.
3. The Company may (in its discretion) accept the Goods for credit but this may incur a restocking fee of 20% of the invoiced value of the returned Goods plus any freight.
4. Goods made to special order, Customer specification or non-catalogue items are under no circumstances acceptable for credit or return. Cancellation of orders for special or non catalogue items will definitely not be accepted, once these orders have been received from the Customer.
5. Any performance figures given by the Company are based on the Company’s experience and are figures that the Company expects to obtain on testing. Despite any representation by a representative of the Company to the contrary, the Company is under no liability whatsoever for damages for failure to attain such performance figures.