Becktech - Vending Catalogue 2018

82 Water Filters Cleaning Products Becktech Spare Parts Spare Parts by Manufacturer Index Refurbishment Terms of Business Terms of Business | does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable. 8. Warranties and Liability 8.1 Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from delivery. 8.2 The above warranty is given by the Seller subject to the following conditions: 8.2.1 the Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specifications supplied by the Buyer; 8.2.2 the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s approval; 8.2.3 the Seller shall be under no liability under the above warranty, (or any other warranty, condition or guarantee) if the total price for the Goods or the Service has not been paid by the due date for payment; and 8.2.4 the above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller 8.3 Subject as expressly provided in these Conditions, and except where the Goods are sold to or the Services performed for a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 8.4 Where the Goods are sold or the Services performed under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions. 8.5Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification or any defect in the Services shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 Days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods or the performance of the Services and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered or the Services in accordance with the Contract. 8.6 Where any valid claim in respect of any of the Goods or the Services which is based on any defect in the quality or condition of the Goods or their failure to meet specification or any defect in the Services is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods or to perform the Services again free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods or the Services but the Seller shall have no further liability to the Buyer. 8.7 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of the representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer or the performance of the Services, except as expressly provided in these Conditions. 8.8 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods or the Services, if the delay or failure was due to any cause beyond the Seller’s reasonable control. 9. Insolvency of Buyer 9.1 This clause applies if; 9.1.1 the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or 9.1.2 an encumbrancer takes possession, or a receiver is appointed, or any of the property or assets of the Buyer; or 9.1.3 the Buyer ceases, or threatens to cease, to carry on business ; or 9.1.4 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly. 9.2 If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary. 10. General 10.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision by the party giving the notice. 10.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. 10.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby. 10.4 The Contract shall be governed by English law.